Terms of Service

1. What we mean by these words

• We or Aimori: Aimori, located at Kampenstraat 2D, 7575 EK Oldenzaal, registered with the Netherlands Chamber of Commerce under number 98726137. Funeral Invitations is a service of Aimori.
• You: the funeral home, or the person who creates an account on behalf of a funeral home.
• The service: the website funeralinvitations.com and everything you can do there, such as creating, viewing, paying for and downloading a video.
• Video: a funeral video, invitation or memorial video that you create with the service.
• Your material: everything you enter or upload yourself, such as names, dates, text, photos and music.
• Family: the bereaved relatives for whom you make a video.

2. When these terms apply

These terms apply to every account, every order and every use of the service. By creating an account, you agree to them.

The service is intended for funeral directors and other professionals who guide a farewell. If you still use the service as a private individual, you keep the rights the law gives to consumers. Where these terms differ from those rights, the law prevails.

Your own purchasing or supply terms do not apply, unless we agree otherwise with you in writing.

If a provision is invalid, the other provisions remain in effect. We will then replace the invalid provision with one that comes as close as possible to its intent.

You must be at least 18 years old and able to enter into a binding contract to use the service.

You may not use the service if you are located in, or are a resident or national of, a country or region subject to comprehensive EU or US sanctions, or if you appear on an EU or US sanctions list. You are responsible for complying with export and sanctions laws that apply to you.

You agree that we may communicate with you electronically, and that agreements, notices and other communications we provide electronically, such as by email or in your account, satisfy any legal requirement that they be in writing (including under the US E-SIGN Act).

These terms, together with the privacy policy and any written agreement we sign with you, are the entire agreement between us about the service. If we do not enforce a provision, that is not a waiver. You may not transfer your account without our consent.

3. Your account

An account is free. You provide your name, the name of your business and a business email address. You confirm your email address through a link we send you.

Your password is personal. Keep it secret and do not use it for other services. If you suspect someone else can access your account, let us know right away at info@funeralinvitations.com.

You are responsible for what happens in your account. If you work with colleagues, create a separate account for each colleague as soon as that is possible. Do not share login details.

We may temporarily block an account if we reasonably suspect it is being misused, for example after a break-in or when unlawful content is posted. We will let you know as soon as possible, with the reason.

4. What the service does

With the service, you create a video yourself from your own material and the backgrounds, designs and music we offer. You see the video in advance exactly as it will be. You decide what goes in it and whether you download it.

Trying and viewing are free. You only pay when you download a video.

The service does not create content on behalf of the deceased and does not make up facts. What is in the video comes from you. So always check names, dates and text before you give the video to the family.

We are constantly improving the service. The design or the way it works may change as a result. A video you have already downloaded will not change.

5. Price and payment

A video costs $149.99, charged in US dollars. The price you see when you check out is the price you pay. Your bank may charge its own fees for a foreign-currency or cross-border card payment; those are outside our control.

You pay in advance through our payment partner Mollie, a European payment provider, by card, Apple Pay, Google Pay or another payment method shown on the payment screen. We do not see or store your card or bank details.

Sales tax: Aimori is a Dutch company without offices, staff or inventory in the United States. We do not currently collect US state or local sales tax. Some states may consider sales of digital products or software subject to sales or use tax once a remote seller exceeds that state's economic-nexus threshold (commonly $100,000 in sales into the state per year). We monitor these thresholds and will add tax where we become required to collect it, showing it at checkout before you pay. Until then, where your state requires the buyer to self-report use tax, that is your responsibility.

After payment, the invoice is available in your account, under Invoices. To get it, you enter your name and address there once (and your business name if you are a business). If something on the invoice is incorrect, let us know within 14 days.

We may change our prices. A new price only applies to orders you place after the change, never to a video you have already paid for.

A paid video remains available in your account for as long as your account exists. You can make small corrections to a paid video, such as a typo in a name, free of charge and download it again.

If you dispute a card payment (a chargeback) without first contacting us, we may suspend downloads of the video concerned while the dispute is open. Please email us first; we resolve almost every problem within a few days.

6. Delivery, refunds and withdrawal

A video is digital content. You can make, preview and change it for free, with a watermark, before paying. As soon as your payment succeeds, you can download the final video right away.

Because you see exactly what you buy before paying, and the video is delivered immediately, payments are generally non-refundable.

Refund guarantee: if a downloaded video does not work the way you saw it in the preview, or the file is defective, email us within 14 days. We will fix it, and if we cannot, we refund the full amount.

If you are a consumer in the European Union, we ask you at checkout to expressly agree to immediate delivery and to confirm that you thereby lose your right of withdrawal (Article 6:230p(g) of the Dutch Civil Code). Without that consent, you cannot check out.

7. Your material and your responsibility

Your material remains yours. You only give us permission to use it to the extent needed to make your video, show it and store it in your account.

You guarantee that you are allowed to use the material. This means:

You must not use the service to upload or share material that is unlawful, infringes someone else's rights, contains malware, harasses or deceives anyone, or to try to break, overload or reverse-engineer the service, access other accounts, or resell access to it.

• you have the family's permission to use their photos, text and data in the video;
• you hold the rights to photos and music you upload yourself, or the creator has given you permission;
• the video contains nothing offensive, misleading or otherwise unlawful.
• If we receive a complaint from someone who believes their rights are being infringed, we may block the material in question while we look into it together with you (see section 9 for copyright notices).

8. Use of the video, backgrounds and music

The software, backgrounds, designs and music we offer belong to us or our licensors.

For each video you download, you receive a non-exclusive, perpetual right to use that video around the farewell, the funeral and the memorial of the deceased. You may share it with the family, show it during the visitation or the service, send it via WhatsApp and email, and post it on a memorial page or on social media. The family may do the same.

You may not extract our backgrounds, designs and music from a video, resell them, or use them for something else, such as advertising your business. If you do want to, ask us and we will make arrangements.

If you use music you upload yourself, you are responsible for the rights to it. Playing it at a public gathering or posting it online may require a license from a performing-rights organization (in the US, for example ASCAP, BMI or SESAC); many funeral venues already have one.

9. Copyright notices (DMCA)

We respect the rights of creators. If you believe material on funeralinvitations.com, such as a video on a share page, infringes your copyright, send a notice to our designated agent at info@funeralinvitations.com, with "Copyright notice" in the subject line, by mail to Aimori, Kampenstraat 2D, 7575 EK Oldenzaal, the Netherlands.

Your notice should include, as described in the US Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)): your physical or electronic signature; the work you believe is infringed; the material you want removed and where it is (for example the link); your contact details; a statement that you believe in good faith the use is not authorized by the owner, its agent or the law; and a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act on the owner's behalf.

We will remove or disable access to the material and inform the account holder. The account holder may send a counter-notice to the same address. We may close the accounts of repeat infringers.

10. Availability and maintenance

We do our best to keep the service available at all times, but we cannot promise that it will run without interruption. We schedule planned maintenance outside office hours as much as possible.

We recommend that you also keep your own copy of a downloaded video, especially if it is needed soon for a funeral.

11. Privacy and data processing agreement

How we handle your account data is described in our privacy policy.

For the data you enter about a deceased person and the family, you are the controller and we are your processor within the meaning of the General Data Protection Regulation (GDPR). The data processing agreement at the end of these terms forms part of them. You do not need to sign anything separately for this.

12. Disclaimer of warranties and limitation of liability

If something goes wrong because of a mistake on our part, we will first look for a solution together with you.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE AND THE VIDEOS ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO DIRECT DAMAGES AND WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND IN NO EVENT MORE THAN USD 2,500 PER EVENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, SUCH AS LOST PROFITS, LOST REVENUE, REPUTATIONAL HARM OR DAMAGE BECAUSE A VIDEO WAS AVAILABLE TOO LATE, NOR FOR DAMAGE CAUSED BY INCORRECT DATA YOU ENTERED YOURSELF.

These limitations do not apply to damage caused by our intent or gross negligence (deliberate recklessness), or to the extent the law where you live does not allow them. Some US states do not allow the exclusion of implied warranties or of incidental or consequential damages, so some of the above may not apply to you.

Report damage as soon as possible and in any case within twelve months after you became aware of it, or your right to compensation lapses, unless the law gives you a longer period.

13. Indemnification

You will defend, indemnify and hold Aimori harmless against claims by third parties, and the reasonable costs of defending them, to the extent they arise from your material (for example photos, music or text you uploaded without the necessary rights or the family's consent) or from your breach of these terms. We will tell you promptly about such a claim and let you take part in its handling. This does not apply to the extent a claim is caused by our own fault.

14. Force majeure

We are not liable if we cannot meet our commitments due to circumstances beyond our control, such as a major outage at a hosting provider, a power or internet outage, a cyberattack we could not reasonably have prevented, or a government measure. If the force majeure lasts longer than thirty days, both we and you may terminate the agreement. You will get back what you already paid for a video you have not yet been able to download.

Force majeure includes events beyond our reasonable control, such as natural disasters, war, epidemics, government measures, power or internet outages and failures of our suppliers.

15. Closing your account

You can delete your account yourself at any time in your account, under Data and account. You can also ask us by sending an email to info@funeralinvitations.com from your account's email address. We will then delete your account and your videos within thirty days and confirm this to you.

Before deleting, download the videos you want to keep. After deletion, we cannot recover them.

Data we are required by law to keep longer, such as invoices, we keep for as long as the law requires. You can read more about this in the privacy policy.

We may suspend or terminate an account in case of serious or repeated misuse, non-payment or a breach of section 7. If you do not use your account for 24 months, we may delete it after notifying you in advance. Sections that by their nature should survive termination (such as 8, 12, 13 and 18) continue to apply.

16. Complaints

If you are not satisfied with something, email us at info@funeralinvitations.com. We will acknowledge your message within two business days and give a substantive answer within fourteen days. If we need more time, we will tell you, with a time frame.

17. Changes to these terms

We may change these terms. We will notify you by email at least thirty days in advance of any change that is to your disadvantage. If you do not agree, you can have your account deleted free of charge before the effective date. A change never applies to a video you have already paid for.

We will notify you of material changes by email at least 30 days before they take effect. If you do not agree, you may close your account before then; continuing to use the service after the effective date means you accept the new terms.

18. Governing law and disputes

These terms and all agreements with us are governed by the laws of the Netherlands. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

If we cannot resolve a dispute together within 30 days after you email us, it will be submitted exclusively to the competent court in the district of Overijssel, the Netherlands.

If you are a consumer, this choice of law does not deprive you of the protection of mandatory consumer laws of the country or US state where you live, and you may also bring a claim in the courts of your place of residence.

There is no arbitration clause in these terms: you keep the right to go to court. Disputes are resolved on an individual basis; to the extent permitted by law, neither of us will bring a claim as a plaintiff or class member in a class or representative action.

Appendix: data processing agreement

This data processing agreement is part of the terms of service and complies with Article 28 of the GDPR. It applies to all personal data you, as a funeral home, have processed through the service.

A. Subject, nature and purpose

We process the data solely to make, show, store and deliver the videos you create with the service. We do nothing with this data other than what you instruct through the service, unless a legal obligation requires us to. In that case, we will let you know in advance, unless the law prohibits it.

The processing lasts as long as you use the service and ends when your account is deleted.

B. What data and whose

• Data of the deceased: name, nickname, dates of birth and death, portrait and other photos, text and moments such as the date and place of the visitation and the funeral.
• Data of relatives and others who appear in photos or text.
• Music, videos and other files you upload.
• The GDPR does not apply to data of deceased persons. We still treat it with exactly the same care, because it also says something about the family. Special categories of personal data, such as a cause of death or a citizen service number, are not needed for a video. Do not enter them.

C. What we promise

• Only people who need it for their work have access to the data, and they are bound by confidentiality.
• We take appropriate technical and organizational measures under Article 32 GDPR, as described in the privacy policy under Security.
• We help you respond to requests from data subjects, for example a family member's request to remove a photo.
• We help you with a data protection impact assessment or a question from the Dutch Data Protection Authority, to the extent that can reasonably be asked of us.
• If we discover a data breach affecting your data, we will report it to you without undue delay and no later than 48 hours after discovery. We will give you the information you need to report it yourself, where necessary, to the Dutch Data Protection Authority within 72 hours.
• After the agreement ends, we delete the data within thirty days, including from our backups, unless the law requires us to keep something. Before deletion, you can download your videos yourself.
• Once a year, or after a data breach, you may have it checked whether we comply with these arrangements. We first do this with a written statement; an on-site audit is possible with reasonable notice and at your expense.

D. Subprocessors

You give us permission to engage the subprocessors listed in the privacy policy. With each subprocessor we have an agreement that offers at least the same protection as this data processing agreement. If we want to engage a new subprocessor, we will notify you by email at least thirty days in advance. If you have a well-founded objection, we will look for a solution together; if that fails, you can terminate your account free of charge.

We store the data within the European Economic Area. If a subprocessor is a company from outside the EEA, this only happens with the safeguards the GDPR requires, such as the European Commission's standard contractual clauses.

E. Liability and precedence

Liability under this data processing agreement is governed by Article 11 of the terms of service. If this data processing agreement and the terms of service conflict regarding the processing of personal data, this data processing agreement prevails.