REMMORA - TERMS OF USE

Welcome to Remmora (the "Platform"). These Terms of Use ("Terms") constitute a legally binding agreement between you, the user ("User" or "you"), and the owners and operators of the Platform (collectively: "we", "us", or "Remmora").

By accessing, registering for, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease all use of the Platform.

1. Definitions and Scope of Service

Remmora is a Software-as-a-Service (SaaS) platform designed for the digital preservation, organization, and storage of memories related to deceased individuals. Services include, but are not limited to, hosting media files (photos, videos, documents, voice recordings), written narratives, and creating digital memorial pages (the "Services"). These Terms apply to all users, including account owners and invited contributors.

2. Eligibility and Account Creation

• 2.1 Eligibility: You must be at least 18 years old and have the legal capacity to enter into a binding contract.
• 2.2 Account Responsibility: You are solely responsible for maintaining the confidentiality of your login credentials. You agree to notify Remmora immediately of any unauthorized use of your account.
• 2.3 Information Accuracy: You represent that all information provided during registration is accurate and up to date.
• 2.4 Account Inheritance and Successor Contact: Users may designate a "Legacy Contact" or an additional administrator. In the event of the original account holder's death, Remmora will facilitate the transfer of account ownership to legal heirs or a pre-designated beneficiary, subject to the presentation of a death certificate, probate order, or other legal proof satisfactory to Remmora.

3. User Content Ownership

• 3.1 Ownership: Remmora does not claim ownership of the photos, videos, stories, or other materials you upload (collectively: "User Content"). All rights, title, and interest in User Content remain with the User or the relevant rights holders.
• 3.2 Authority: You represent and warrant that you possess all legal rights, consents, and permissions required to upload, share, and display the User Content, particularly regarding the privacy and publicity rights of deceased individuals and third parties.

4. License to Remmora

By uploading User Content, you grant Remmora a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to store, process, reproduce, modify (for technical purposes such as resizing), back up, and display the User Content solely for the purpose of providing, maintaining, and improving the Services. For memorial pages designated by the User as "Public," Remmora may display screenshots or portions of the page as examples of the Platform's capabilities in its publications, provided the User has not requested their removal in writing.

5. Memorial Page Management and Conduct

• 5.1 Representation: The User creating a memorial page ("Page Admin") represents that they are acting lawfully and have obtained required consents from first-degree family members or legal heirs of the deceased.
• 5.2 Personal Use: Services must be used for personal memorial purposes only. Commercial, political, or private advertising use is prohibited without Remmora's written consent. Remmora may operate business models, including third-party collaborations (e.g., flower delivery, donations, or memorial products) within the Platform.
• 5.3 Respectful Conduct: All content must be uploaded in a spirit that preserves the dignity and reputation of the deceased.
• 5.4 Disputes: Remmora does not verify a user's right to commemorate a specific person and is not responsible for resolving family disputes. In the event of a dispute or a legal order, Remmora reserves the right to suspend, remove, or transfer management of a memorial page at its sole discretion.

6. Prohibited Content and Conduct

You agree not to upload or share content that is illegal, defamatory, offensive, pornographic, infringes on intellectual property or privacy rights, contains malware, or harasses any individual or group. Remmora reserves the right to remove any content that violates these Terms.

7. Content Contributions (Contribute)

• 7.1 Invited Contributors: Page Admins may invite third parties ("Contributors") to upload content to memorial pages.
• 7.2 Contributor Responsibility: Each Contributor represents that they own the rights to the uploaded content or have obtained all necessary consents. By uploading, the Contributor waives any claims against Remmora and the Page Admin regarding privacy or copyright and grants Remmora the license specified in Section 4.
• 7.3 Admin Control: The Page Admin is solely responsible for managing contributed content and may edit, hide, or delete it at their discretion.
• 7.4 No Liability: Remmora does not verify contributed content and is not responsible for the identity of contributors or the accuracy of information.

8. Monitoring and Removal

Remmora reserves the right, but not the obligation, to remove, block, or edit content that harms the dignity of the deceased, contains inciting information, or is uploaded by users acting in bad faith. Remmora’s decisions regarding content removal are final.

9. Third-Party Infrastructure

The Services are operated using third-party providers (e.g., AWS/Google Cloud, payment processors). You acknowledge that service availability is subject to these third parties' performance, and Remmora is not liable for failures caused by their infrastructure.

10. Service Availability and Backups

• 10.1 No Perpetuity: While Remmora strives for long-term preservation, these Terms do not constitute a "perpetual" storage commitment. Storage is subject to active subscriptions and the operational lifespan of the Platform.
• 10.2 Backups: Users are encouraged to maintain independent backups. Remmora is not liable for the loss, corruption, or deletion of User Content.

11. Suspension and Termination

• 11.1 By User: You may close your account at any time.
• 11.2 By Remmora: We may suspend or terminate your access for violations of these Terms, non-payment, or legal/security risks.
• 11.3 Grace Period: Upon termination (including for non-payment), Remmora will retain User Content for a 60-day grace period. During this time, the User may renew the subscription or export data. After 60 days, Remmora may permanently delete all content without further notice.

12. Digital Preservation and Account Succession

• 12.1 Long-term Preservation: Remmora aims to preserve digital content for the long term. However, the Service is subject to technical constraints, third-party infrastructure, and the operational life of the Platform.
• 12.2 Legacy Management: In the event of the death of a primary account holder, Remmora will act in accordance with its "Account Succession" policy. Access may be granted to legal heirs or designated representatives upon presentation of appropriate legal documentation.

13. Payments, Subscriptions, and Refunds

• 13.1 Subscription Plans: The scope of services, storage capacity, and available features are determined by the subscription plan selected by the User.
• 13.2 Fees: Access to certain features requires a paid subscription. All prices are as stated on the Pricing Page.
• 13.3 Automatic Renewal: Subscriptions renew automatically unless cancelled before the renewal date.
• 13.4 Refund and Cancellation Policy:
  • Right of Cancellation: In accordance with the Israeli Consumer Protection Law (1981), a User who is a "Consumer" may cancel a transaction within 14 days of the transaction or receipt of confirmation, whichever is later, by contacting team@remmora.com.
  • Refunds: A full refund will be issued if cancelled within 14 days, minus any statutory cancellation fees. Note: No refund will be provided if the User has already made significant use of the Service (e.g., uploading content or creating an active memorial page) before the end of the cancellation period.
  • Ongoing Cancellation: After the initial 14-day window, users may cancel anytime through their account settings. The cancellation will take effect at the end of the current billing cycle; no partial refunds will be issued for the remaining period.
• 13.5 Payment Failure: In the event of a billing failure, Remmora will notify the User. If payment is not settled within 14 days, Remmora reserves the right to restrict or suspend account access.

14. Remmora Intellectual Property

All rights, title, and interest in the Platform (including UI/UX, software, source code, trademarks, logos, and proprietary features) are the exclusive property of Remmora. Users are prohibited from reverse engineering, scraping, or creating derivative works of the Platform.

15. DMCA and Copyright Policy

If you believe that any content on the Platform infringes upon your copyright, please notify us at team@remmora.com. Your notice must include: (a) a description of the copyrighted work; (b) the URL of the allegedly infringing content; and (c) your contact information.

18. Indemnification

You agree to indemnify and hold Remmora harmless from any claims, damages, or legal fees arising from your User Content, your use of the Services, or your violation of these Terms.

19. Governing Law and Jurisdiction

These Terms are governed solely by the laws of the State of Israel. Exclusive jurisdiction for any dispute shall be the competent courts in Tel Aviv-Jaffa.

20. Dispute Resolution (U.S. Users Only)

• 20.1 Scope: This section applies only to users located in the United States.
• 20.2 Mandatory Arbitration: Any dispute arising from these Terms or the Services shall be settled exclusively through binding arbitration, rather than in court.
• 20.3 Class Action Waiver: All proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action. You hereby waive any right to participate in a class action lawsuit against Remmora.

21. Changes to Terms

Remmora reserves the right to update these Terms at any time. We will notify you of material changes via email or through the Platform. Continued use after such changes constitutes acceptance.