These Terms and Conditions apply to your use of the Memorians app and the digital memorial service that comes with it. The terms and conditions only apply to the app and the digital service. Separate conditions apply to the physical product. |
In these Terms:
Memorians offers a digital memorial service that combines physical NFC products with an app and cloud environment.
The Service enables you to:
Important: the App works without a traditional user account with username and password. However, interactions may be linked to session data, device-based technical identifiers, product activation, memorial-specific access rights, and support information. Insofar as such data can be traced back to a person or household, it is not completely anonymous.
Memorians is a memorial and digital memorial service. It is not a will, inheritance planning tool, legal filing service, or notarial service, and should not be used as a substitute for formal legal arrangements.
The Service is intended to honor and commemorate loved ones with digital content. The Service does not confer legal validity on documents, does not constitute an official register and does not replace formal inheritance documentation.
By downloading, installing or using the App, you confirm that you have read and accepted these Terms and Conditions and the Privacy Policy.
If you do not agree to these Terms, you may not use the App.
You must be at least 16 years of age to use the Service independently. If you are under the age of 16, you may only use the Service with the involvement and consent of a parent or legal guardian.
We grant you a limited, non-exclusive, non-transferable and revocable license to use the App on your personal mobile device for its intended purpose, which is to view and manage commemorative content.
You may not:
This license terminates automatically if you violate these Terms.
You retain ownership of the Content you submit to the Service. Memorians does not claim ownership of your photos, videos, audio files, or text.
By adding Content to the Service, you grant Memorians a worldwide, non-exclusive, royalty-free and sublicensable license to the extent necessary to operate and improve the Service. This includes storing, hosting, processing, converting, displaying, backing up, and technically reproducing your Content.
We do not use your Content for advertising or sell it to third parties.
This license lasts for as long as the Content is on the Service. When valid deletion occurs, this license will terminate for future use, provided that reasonable technical phase-out and backup cycles are possible.
By submitting Content, you represent that:
Because the Service operates without a traditional account, access may depend on the physical Memorian, an active session, a shared link, product activation, or other memorial-specific access rights.
Memorians may act on the instructions of the person it reasonably considers to be the Commemorative Maker, Product Holder or other Authorized Representative.
For requests to change, remove, transfer, restrict, or release commemorative content, Memorians may request reasonable additional verification.
If power, ownership or right of representation is unclear or disputed, Memorians may suspend, refuse or maintain the existing situation until sufficient clarity exists in its reasonable opinion.
Memorians is not obliged to investigate or settle family disputes, inheritance disputes, relationship disputes or other mutual conflicts.
Nothing in these Terms obligates Memorians to carry out every change request. Memorians may reject requests that are insufficiently substantiated, unlawful, constitute abuse, are technically disproportionate or infringe on the rights or interests of others.
When you have a compilation video made, the source material remains yours, subject to the license set out in Section 7. The compilation is technically compiled by the Service from the Content provided by you.
Memorians rings, pendants, and other physical products are delivered or sold separately. These General Terms and Conditions apply exclusively to the App and the digital Service. Physical products may be subject to separate terms and conditions.
Scanning an NFC Tag requires a compatible smartphone.
You may not use the Service for any unlawful, harmful, or improper purpose. This includes, in any case, uploading illegal content, frustrating the operation of the Service, abusing links or access rights and violating the rights of third parties.
The App, the software, the templates, the design and all non-user-supplied content are owned or licensed by Memorians. These Terms do not give you any ownership rights in the App or the underlying technology.
Content you add is stored on secure cloud infrastructure. A memorial or memorial may be subject to storage limits or technical usage limits which are explained in the App or supporting documentation.
The App can send push notifications, for example to inform you that a compilation is ready. To the extent that push notifications are not necessary for the operation of the Service, they will only be used in accordance with your settings and, where required, your consent.
The Service uses third parties for, among other things, hosting, storage, content delivery, crash reporting and technical support. Where these parties process personal data on our behalf, we take appropriate contractual and organisational measures.
Your use of the App may also be subject to the terms and conditions of the platform from which you are downloading the App, such as Apple App Store or Google Play. These Terms and Conditions apply in addition to the provisions of mandatory law.
The Application and the Digital Service are subject to mandatory consumer rights insofar as they apply under applicable law.
These Terms do not create a broader right of withdrawal or other consumer rights than required by law. Physical products may be subject to separate legal and contractual rules.
As a consumer in the European Union, you have legal rights regarding the conformity of digital content and digital services.
To the extent that the Service is provided on a continuous basis, Memorians is responsible for compliance during the delivery period, to the extent required by applicable law.
Nothing in these Terms limits or excludes any rights you may have as a consumer under mandatory law.
Memorians does not exclude liability for damage resulting from intent or deliberate recklessness on the part of Memorians, or for other liability that may not be excluded by law.
To the extent permitted by law, Memorians shall not be liable for any indirect, consequential, lost profits, loss of opportunity, or loss of goodwill arising from the use of the Service.
Memorians does not guarantee that the Service will be uninterrupted, error-free or always available, but will use reasonable efforts to ensure that the Service functions carefully and reliably.
You indemnify Memorians against reasonable claims from third parties insofar as they arise directly from Content added by you that is unlawful or violates the rights of third parties.
Memorians may modify the Service to fix bugs, improve security, optimize performance, add new features, or comply with legal obligations.
Changes will, where relevant, be made in a reasonable manner and must not unfairly erode the core of the agreed Digital Service, unless there is a valid reason and applicable law allows it.
Because the Service operates without traditional accounts, Memorians may take action tailored to the situation in the event of a breach of these Terms or reasonable security, integrity or authority issues.
This may include:
For complaints, support requests, and general questions, please contact ln.snairomem@ofni.
For privacy-related requests, please use ln.snairomem@ycavirp.
We aim to respond within five working days. Correspondence can take place in Dutch or English.
To report illegal, infringing, or otherwise inappropriate content, please contact ln.snairomem@ofni with the memorial reference and the reason for your report.
Memorians may review reports and, where appropriate, take action such as limiting visibility, removal, discontinuing publication or suspending access to specific content or features.
These Terms and Conditions are governed by Dutch law.
Disputes will be submitted to the competent court in the Netherlands, without prejudice to your right as a consumer to initiate proceedings before the competent court of your place of residence within the European Union, to the extent permitted by mandatory law.
Memorians is not liable for any failure to comply with obligations insofar as this is the result of circumstances beyond its reasonable control.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Memorians with respect to the App and the Digital Service.
Memorians may change these Terms from time to time. In the event of material changes, we will inform you accordingly, for example via the App or via our website.
Memorians B.V.
Molenstraat 125-B
5701KB Helmond
The Netherlands
Chamber of Commerce: 97458910
General Support: ln.snairomem@ofni
Privacy Requests: ln.snairomem@ycavirp
Website: https://james-dev.memorians.nl
