Terms of Service

1. Introduction

Welcome to Gone But Remembered ("Service," "we," "us," or "our"). By accessing or using our memorial photo delivery service, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully.

Gone But Remembered is a digital memorial service that helps families preserve and share memories of deceased loved ones through scheduled photo deliveries with AI-generated contextual captions.

2. Account Registration

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your password
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

3. Subscription Plans

We offer the following subscription tiers, billed annually:

4. SMS/Text Messaging Terms

SMS/MMS text messaging for memory deliveries is available on Legacy tier (as a $12/year add-on) and included with Forever tier subscriptions.

4.1 Consent to Receive Text Messages

By providing your mobile phone number and opting into SMS delivery, you expressly consent to receive recurring automated marketing and informational text messages from Gone But Remembered, including messages sent by autodialer. Consent is not a condition of any purchase.

4.2 Message Frequency and Content

Message frequency varies based on your delivery settings. Messages contain photos of your loved one with AI-generated captions (including MMS with photos), along with occasional service notifications and milestone reminders.

4.3 Message and Data Rates

Message and data rates may apply. You are responsible for all charges from your wireless carrier related to SMS/MMS messaging. Contact your carrier for details about your messaging plan.

4.4 Opting Out

You may opt out of SMS messages at any time by texting STOP to any message you receive from us. You will receive a one-time confirmation of your opt-out. After opting out, you will no longer receive SMS deliveries but will remain subscribed to the service and can receive deliveries via email.

4.5 Help

For help, text HELP to any message or contact support@gonebutremembered.com.

4.6 Privacy

Your phone number will not be shared with third parties for their marketing purposes. See our Privacy Policy for details on how we protect your information.

4.7 Carrier Liability

Carriers are not liable for delayed or undelivered messages. We are not responsible for messages that are delayed, not delivered, or blocked by your carrier.

4.8 Service Availability

SMS service is available to most U.S. mobile phone users. International messaging may be available but is subject to additional carrier fees and delivery limitations. T-Mobile, AT&T, Verizon, Sprint, and most other major carriers are supported.

5. Family Contributions (Donations)

Family members who have access to a shared memorial may make voluntary financial contributions to help support the memorial's subscription costs.

4.1 Contribution Limits

• Maximum single contribution: $250
• Maximum credit balance: Equivalent to 2 years of the memorial's subscription tier
• Contributions exceeding the maximum balance will be declined

4.2 Credit Balance

All family contributions are converted to credit balance on the memorial owner's account. Credits are automatically applied to the next subscription renewal. Credits do not expire while the subscription remains active.

4.3 No Cash Withdrawals

Credit balances cannot be withdrawn as cash, transferred to other accounts, or converted to any form of payment outside of the Service. Credits have no cash value and are non-refundable except as described in Section 5.

4.4 Contribution Acknowledgment

Contributors may choose to remain anonymous or include their name and an optional message. The memorial owner can view all contributions made to their memorial.

6. Cancellation and Preservation Mode

6.1 Voluntary Cancellation

You may cancel your subscription at any time. Upon cancellation:

• You retain access to full features until the end of your current billing period
• Scheduled deliveries will continue until the billing period ends
• No refunds are provided for partial billing periods

6.2 Preservation Mode

If your account has a credit balance from family contributions at the time of cancellation, your memorial will enter "Preservation Mode" instead of being deactivated:

• Scheduled deliveries will stop
• The memorial page remains accessible to you and shared family members
• All photos remain viewable and downloadable
• Duration of Preservation Mode equals credit balance divided by $49/year (minimum tier rate)
• Example: $150 credit balance = approximately 3 years of preservation

6.3 End of Preservation Mode

When Preservation Mode expires, you will receive notice 30 days in advance. You may reactivate your subscription at any time to resume full service. If no action is taken, the memorial will be archived and photos will remain available for download for 2 years.

7. User Content

7.1 Ownership

You retain all ownership rights to photos and content you upload. By uploading content, you grant us a limited license to store, process, and display your content as necessary to provide the Service.

7.2 Content Guidelines

You agree not to upload content that:

• Violates any law or infringes on others' rights
• Contains explicit, violent, or hateful material
• You do not have the right to share
• Contains malware or harmful code

7.3 AI-Generated Captions

Our Service uses artificial intelligence to generate contextual captions for your photos. These captions are provided as suggestions and may not be fully accurate. You may edit or replace AI-generated captions at any time.

8. Family Sharing and Photo Contributions

8.1 Sharing Memorials

Paid subscribers may share their memorial with family members via secure links. You are responsible for managing who has access to your memorial.

8.2 Photo Contributions

Family members with access to a shared memorial may submit photos for inclusion. All contributed photos require approval from the memorial owner before being added to the collection. The memorial owner may accept or reject contributions at their discretion.

8.3 Anonymous Photo Contributions

Contributors may choose to submit photos anonymously. When submitting anonymously:

• The contributor's name will be hidden from the memorial owner and displayed as "Anonymous"
• The contributor's email address is still collected for quota tracking and potential account linking
• Memorial owners can still review, approve, or reject anonymous contributions
• Contributors may optionally include context (date, location, caption) with anonymous submissions

Once a photo is submitted anonymously, the contributor cannot later claim attribution for that photo. If attribution is important, contributors should provide their name during submission.

8.4 Contribution Quotas

Photo contributions to shared memorials are subject to the following quotas per memorial:

• Guests (no account): Up to 5 photos per memorial
• Free accounts: Up to 5 photos per memorial
• Remembrance tier: Up to 24 photos per memorial
• Legacy tier: Up to 100 photos per memorial
• Forever tier: Unlimited photos per memorial

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

We use industry-standard security measures to protect your photos and personal information. However, no method of transmission over the Internet is 100% secure.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GONE BUT REMEMBERED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR EMOTIONAL DISTRESS.

Our total liability for any claim arising from these Terms or your use of the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

11. Modifications to Terms

We may modify these Terms at any time. We will notify you of material changes by email or through the Service at least 30 days before they take effect. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions.

13. Contact Us

If you have any questions about these Terms, please contact us at:

Email: support@gonebutremembered.com
Website: https://gonebutremembered.com/help