LEGAL001

MemoriaSoft Terms and Conditions

Last Updated: April 12, 2026

Please read these terms carefully before using our services.

1. Acceptance of Terms

1.1 By accessing or using the MemoriaSoft digital announcement service ("Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to all of these Terms, you must not use the Service.

1.2 These Terms constitute a legally binding agreement between you ("User", "you", "your") and MemoriaSoft Ltd, a company registered in Malta ("Company", "we", "us", "our").

1.3 MemoriaSoft Ltd operates multiple specialized platforms and brands ("Channels") including, but not limited to, Nemojo. Each Channel is a specialized website designed for specific use cases within the digital announcement space. These Terms apply equally to all Channels operated under the MemoriaSoft Ltd brand.

1.4 We reserve the right to modify these Terms at any time. Continued use of the Service after any modifications constitutes acceptance of the updated Terms.

1.5 You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that you are at least 18 years of age.

1.6 By creating a digital announcement and inviting others to view or contribute, you confirm that you have the legal authority to do so and that you have proper authorization for all announcement content.

1.7 Nothing in these Terms affects your statutory rights as a consumer under applicable law, including the Consumer Rights Act and EU consumer protection regulations.

2. Definitions

In these Terms and Conditions, the following definitions apply:

  • "Account" - means the user account you create to access and use the Service.
  • "Account Holder" - means the primary user who created the Digital Announcement and has administrative control over it, including Next of Kin users.
  • "Channels" - means the specialized platforms and brands operated by MemoriaSoft Ltd, including but not limited to Nemojo.
  • "Company", "we", "us", "our" - means MemoriaSoft Ltd, a company registered in Malta.
  • "Content" - means any text, images, photographs, videos, audio files, messages, tributes, or other materials uploaded, posted, or shared through the Service.
  • "Contributor" - means any user who submits Content to a Digital Announcement, including family members, friends, and other visitors.
  • "Data Export" - means the downloadable package containing all messages, photos, videos, and content associated with your Digital Announcement.
  • "Digital Announcement" - means the online announcement page created through the Service, including all associated content, messages, and media.
  • "Free Period" - means the twenty-eight (28) day period during which the Service is provided free of charge.
  • "Personal Data" - means any information relating to an identified or identifiable natural person, as defined under GDPR.
  • "Service" - means the MemoriaSoft digital announcement platform and all associated features, functions, and services.
  • "Terms" - means these Terms and Conditions, as may be amended from time to time.
  • "Third-Party Services" - means external services, platforms, or providers that we use to operate the Service, including cloud hosting, email services, and payment processors.
  • "User", "you", "your" - means any person who accesses or uses the Service, whether as an Account Holder, Contributor, or visitor.

3. Service Description

3.1 MemoriaSoft provides a digital platform for creating and sharing digital announcements and event pages ("Digital Announcements").

3.2 The Service allows users to create announcements, share event details, receive messages, and collect photos, videos, and contributions from invitees.

3.3 MemoriaSoft operates as a platform and social community. We provide the technology infrastructure but do not create, curate, or endorse any user-generated content.

3.4 The Service is intended for legitimate purposes only. Any misuse for fraudulent, defamatory, or illegal purposes is strictly prohibited.

4. Free Service Period

4.1 The Digital Announcement service is provided completely free of charge for a period of twenty-eight (28) days from the event date ("Free Period").

4.2 During the Free Period, users have full access to all standard features including creating announcements, receiving messages, and collecting media contributions.

4.3 No payment information is required during the Free Period. You will never be automatically charged.

4.4 The Free Period begins from the event date entered in the announcement. If no event date is provided, the Free Period begins from the date of account creation.

5. Data Retention and Deletion

5.1 After the 28-day Free Period ends, we will send an email notification to your registered email address with a secure link to download all messages, photos, videos, and content associated with your Digital Announcement ("Data Export").

5.2 You have seven (7) days from the date of the Data Export notification to download your files.

5.3 All user data, including messages, photos, videos, and account information, will be permanently deleted forty-two (42) days after the event date, unless you choose to extend storage (see Section 6).

5.4 Once data is permanently deleted, it cannot be recovered under any circumstances. We strongly recommend downloading your data within the provided window.

5.5 We are not responsible for any data loss resulting from failure to download content within the specified timeframe, incorrect email addresses, or emails being marked as spam.

5.6 It is your responsibility to ensure your email address is correct and to check your spam/junk folders for our notifications.

6. Extended Storage Options

6.1 Users may elect to keep their Digital Announcement and all associated data active beyond the 42-day period by purchasing an extended storage plan.

6.2 Extended storage options are available with various durations and pricing tiers. For current pricing and available plans, please visit our Upgrade Page.

6.3 All extended storage packages include generous allowances for messages, photos, and videos. Specific limits are detailed at the time of purchase.

6.4 Extended storage must be purchased before the 42-day deletion date. Storage plans are non-refundable once activated.

6.5 Extended storage periods run consecutively from the original expiry date, not from the date of purchase.

6.6 We reserve the right to modify pricing with thirty (30) days notice. Existing purchased plans will not be affected by price changes.

Storage-Based Pricing

6.7 Our pricing is based on storage usage. Each subscription plan includes a specified amount of storage for messages, photos, videos, and other content associated with your Digital Announcement.

6.8 If your account storage usage exceeds the allowance included in your current subscription plan, you will be notified by email. These notifications will inform you of your current usage and provide options to upgrade to a plan with additional storage capacity.

6.9 Upgrade options and associated costs will be clearly communicated to you at the time of notification. You may choose to upgrade at any time through your account dashboard or via the link provided in the notification email.

6.10 Your account dashboard displays your current storage usage, including a breakdown of space used by messages, photos, videos, and other content. We encourage you to regularly monitor your storage usage to avoid any service interruptions.

6.11 When your storage limit is reached, the following restrictions will apply until you upgrade your plan:

  • Your Digital Announcement will stop receiving new messages, tributes, photos, and videos from visitors
  • Visitors will still be able to view your existing Digital Announcement and all its content
  • Interactive features will be temporarily disabled, including: paying tribute, uploading photos or videos, and leaving messages of condolence
  • All existing content will remain safely stored and accessible
  • Full functionality will be restored immediately upon upgrading to a plan with additional storage

6.12 If you choose not to upgrade after exceeding your storage allowance, you may alternatively remove content to bring your account within the limits of your current plan. We will provide reasonable notice before taking any action that may affect your stored content.

7. User Responsibilities

7.1 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

7.2 You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

7.3 You are solely responsible for all content you post, upload, or share through the Service, including but not limited to text, photos, videos, and other materials.

7.4 You must not use the Service to:

  • Post false, misleading, or fraudulent information
  • Harass, abuse, threaten, or intimidate other users
  • Post content that is defamatory, obscene, or offensive
  • Infringe upon the intellectual property rights of others
  • Distribute malware, viruses, or other harmful code
  • Attempt to gain unauthorized access to other accounts or systems
  • Use the Service for any illegal purpose

7.5 You are responsible for backing up your own data. We strongly recommend downloading and saving copies of all important content.

8. User-Generated Content

8.1 IMPORTANT: MemoriaSoft is a platform that enables users to share content. We do not pre-screen, monitor, edit, or control user-generated content and are not responsible for any content posted by users.

8.2 All messages, photos, videos, and other content uploaded by family members, friends, and other visitors to a Digital Announcement are the sole responsibility of the person who submitted that content.

8.3 We do not endorse, support, represent, or guarantee the accuracy, truthfulness, or reliability of any user-generated content.

8.4 By posting content to the Service, you grant MemoriaSoft a non-exclusive, worldwide, royalty-free license to use, store, display, reproduce, and distribute such content solely for the purpose of providing the Service.

8.5 You represent and warrant that you own or have the necessary rights to post all content you submit and that such content does not violate any third-party rights.

8.6 Account owners have the right to block any user and remove any content from their Digital Announcement for any reason they see fit.

8.7 We reserve the right, but have no obligation, to remove content that we determine in our sole discretion violates these Terms or is otherwise objectionable.

9. Intellectual Property and Copyright

9.1 The MemoriaSoft platform, including its design, features, code, trademarks, and branding, is owned by MemoriaSoft and protected by intellectual property laws.

9.2 Users retain ownership of the content they create and upload. However, by using the Service, you grant us the limited license described in Section 8.4.

9.3 You must ensure that all text, images, videos, music, and other materials you upload are free from copyright restrictions or that you have obtained proper permissions or licenses.

9.4 You agree not to upload any copyrighted material without proper authorization, including but not limited to:

  • Professional photographs without photographer's permission
  • Copyrighted music or audio
  • Video clips from movies, TV shows, or other protected works
  • Artwork or images owned by others

9.5 MemoriaSoft shall not be held liable for any copyright infringement claims arising from user-uploaded content. Users who upload content are solely responsible for ensuring they have the rights to do so.

9.6 If you believe content on our platform infringes your copyright, please contact us with details of the alleged infringement.

10. Platform Conduct and Community Guidelines

10.1 MemoriaSoft is a respectful community platform designed to honor and remember loved ones. All users must conduct themselves appropriately.

10.2 Prohibited content includes but is not limited to:

  • Hate speech, discrimination, or content promoting violence
  • Sexually explicit or pornographic material
  • Content glorifying self-harm or suicide
  • Spam, advertising, or commercial solicitation
  • Content that could traumatize or distress grieving families
  • False accusations or defamatory statements

10.3 Account owners have full authority to moderate their Digital Announcement, including blocking users and removing content.

10.4 We encourage users to report any concerning content or behavior.

11. Account Termination

11.1 Self-Service Account Deletion

You may delete your account at any time using the account deletion feature available in your account settings. The self-service deletion process works as follows:

  • You must confirm the deletion by entering your account password.
  • Upon confirmation, your user account is immediately deactivated and you are logged out.
  • Any Digital Announcements you created (as Next of Kin) will be soft-deleted and are no longer publicly accessible.
  • A confirmation email is sent to your registered email address containing a one-time recovery link.
11.2 Account Recovery After Deletion

After deleting your account, you have a limited recovery window during which you may restore your account and all associated Digital Announcements by clicking the recovery link in the confirmation email. Once the recovery window expires, all data will be permanently and irreversibly deleted in accordance with Section 5 (Data Retention and Deletion).

Important: Account deletion is permanent once the recovery window has passed. We strongly recommend using the Data Export feature in your account settings to download a copy of your data before deleting your account.
11.3 Effect on Family Members and Contributors

If you delete your account as the Next of Kin (creator) of a Digital Announcement:

  • Family members and contributors who were added to your announcement will retain their own user accounts.
  • However, the Digital Announcement itself and all associated content (tributes, messages, photos, videos) will no longer be accessible.
  • Family members will not be notified automatically; it is your responsibility to inform them before deleting your account.
11.4 Termination by MemoriaSoft

We reserve the right to suspend or terminate your account, without notice or liability, for any reason, including but not limited to:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Requests from law enforcement
  • Extended periods of inactivity
  • Technical or security issues

11.5 Any serious infringement of these Terms and Conditions will result in immediate removal of the account and all associated data, without prior notice and with no exchange of communications.

11.6 Upon termination (whether by you or by MemoriaSoft), you lose access to all data and content associated with your account. We have no obligation to retain or provide copies of your data after termination, except during any applicable recovery window as described in clause 11.2.

11.7 Termination of your account does not release you from any outstanding obligations or liabilities incurred prior to termination.

12. Third-Party Services and Suppliers

12.1 The Service relies on third-party providers including, but not limited to, cloud hosting providers, email services, payment processors, content delivery networks, and other technology suppliers ("Third-Party Services").

12.2 WE ARE NOT RESPONSIBLE FOR THE ACTIONS, OMISSIONS, FAILURES, OR BREACHES OF ANY THIRD-PARTY SERVICE PROVIDERS. If a supplier fails to perform, experiences a data breach, service outage, or any other issue, the responsibility lies solely with that third party, not with MemoriaSoft.

12.3 Third-Party Services have their own terms of service and privacy policies. By using our Service, you acknowledge that your data may be processed by these third parties in accordance with their policies.

12.4 We make reasonable efforts to select reliable third-party providers but cannot guarantee their performance, security, or availability.

12.5 The Service may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of linked websites.

12.6 Payment processing is handled by third-party payment processors. We do not store your full credit card information on our servers.

13. Limitation of Liability

13.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEMORIASOFT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of data or content
  • Loss of profits or revenue
  • Emotional distress
  • Interruption of service
  • Security breaches
  • Unauthorized access to or alteration of your data
  • Any conduct or content of third parties on the Service

13.2 IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR FIFTY DOLLARS ($50 USD), WHICHEVER IS GREATER.

13.3 These limitations apply regardless of the legal theory (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

13.4 Some jurisdictions do not allow the exclusion or limitation of certain damages. In such cases, our liability will be limited to the fullest extent permitted by law.

14. Indemnification

14.1 You agree to indemnify, defend, and hold harmless MemoriaSoft and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including reasonable attorney's fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights, including intellectual property rights
  • Any content you post or upload to the Service
  • Any claims by third parties arising from content you have posted
  • Your negligent or wrongful conduct

14.2 This indemnification obligation will survive the termination of your account and these Terms.

15. Disclaimers

15.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

15.2 We do not warrant that:

  • The Service will meet your requirements
  • The Service will be uninterrupted, timely, secure, or error-free
  • The results obtained from using the Service will be accurate or reliable
  • Any errors in the Service will be corrected

15.3 DATA SECURITY DISCLAIMER: While we make every reasonable effort to keep user data secure and safe using industry-standard security measures, WE CANNOT AND DO NOT GUARANTEE THE ABSOLUTE SECURITY OF ANY DATA. No system connected to the internet can be completely secure.

15.4 You acknowledge that you use the Service at your own risk and are solely responsible for any damage to your computer system or loss of data that results from using the Service.

15.5 We do not guarantee the availability of the Service and may modify, suspend, or discontinue any aspect of the Service at any time without notice.

16. General Provisions

16.1 Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, acts of God, war, terrorism, riots, pandemics, government actions, power failures, internet or telecommunications failures, cyberattacks, or actions of third-party service providers.

16.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Malta. You agree to submit to the exclusive jurisdiction of the Maltese courts for any disputes arising from or related to these Terms or the Service.

16.3 Dispute Resolution

Any dispute arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails within thirty (30) days, disputes shall be resolved through binding arbitration administered by the Malta Arbitration Centre (MAC) in accordance with its arbitration rules. The seat of arbitration shall be Malta. The language of arbitration shall be English.

16.4 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15.5 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and MemoriaSoft regarding the Service and supersede all prior agreements.

15.6 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of MemoriaSoft.

15.7 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

16.8 Notices

We may provide notices to you via email, through the Service, or by posting on our website. You are responsible for keeping your contact information current.

16.9 Survival

Sections regarding intellectual property, limitation of liability, indemnification, and disclaimers shall survive any termination of these Terms.

17. Data Protection & GDPR

Data Controller: MemoriaSoft Ltd, a company registered in Malta, acts as the Data Controller for Personal Data processed through the Service.
17.1 GDPR Compliance

MemoriaSoft Ltd is committed to complying with the General Data Protection Regulation (EU) 2016/679 ("GDPR") and applicable Maltese data protection legislation. We process Personal Data lawfully, fairly, and transparently.

17.2 Legal Basis for Processing

We process your Personal Data based on the following legal bases:

  • Contract Performance: To provide the Service you have requested
  • Legitimate Interests: To improve our services and maintain security
  • Consent: Where you have provided explicit consent for specific processing activities
  • Legal Obligation: To comply with applicable laws and regulations
17.3 Your Data Subject Rights

Under GDPR, you have the following rights regarding your Personal Data:

  • Right of Access - You may request a copy of the Personal Data we hold about you.
  • Right to Rectification - You may request correction of inaccurate or incomplete Personal Data.
  • Right to Erasure - You may request deletion of your Personal Data in certain circumstances. You can exercise this right directly via the self-service account deletion feature described in Section 11.
  • Right to Restrict Processing - You may request limitation of how we use your data.
  • Right to Data Portability - You may request your Personal Data in a structured, machine-readable format for transfer to another service.
  • Right to Object - You may object to processing based on legitimate interests or for direct marketing.
  • Right to Withdraw Consent - Where processing is based on consent, you may withdraw it at any time.
17.4 Data Portability

You have the right to receive your Personal Data in a structured, commonly used, and machine-readable format. This includes:

  • All content you have uploaded (photos, videos, text)
  • Messages and contributions received on your Digital Announcement
  • Account information and settings

To request data portability or exercise any of your data protection rights, please contact us at support@memoriasoft.com.

17.5 Data Retention

We retain your Personal Data only for as long as necessary to fulfill the purposes for which it was collected, as outlined in Section 5 (Data Retention and Deletion), or as required by law.

17.6 International Data Transfers

Your Personal Data may be transferred to and processed in countries outside the European Economic Area (EEA). Where such transfers occur, we ensure appropriate safeguards are in place, including Standard Contractual Clauses approved by the European Commission.

17.7 Right to Lodge a Complaint

If you believe your data protection rights have been violated, you have the right to lodge a complaint with a supervisory authority. For Malta, this is the Office of the Information and Data Protection Commissioner (IDPC).

18. Privacy

18.1 Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices.

18.2 By using the Service, you consent to the collection, use, and sharing of information as described in our Privacy Policy.

19. Contact Information

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

Company: MemoriaSoft Ltd (Malta)

Email: support@memoriasoft.com

Website: www.memoriasoft.com

20. Free Account Content Rights

Important Notice: This section applies to all free accounts on MemoriaSoft and its associated Channels.

20.1 As a fundamental condition of providing our free service, you grant MemoriaSoft Ltd a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, display, publish, and distribute any content uploaded to your free account for marketing, promotional, and publicity purposes.

20.2 This content usage right extends to all materials uploaded by:

  • Account holders (Next of Kin or primary users)
  • Family members invited to the Digital Announcement
  • Friends and contributors who share content
  • Any other users who interact with or contribute to the announcement

20.3 We will use this content in its original form. We will not edit, manipulate, or alter the content in any way that misrepresents the original material.

20.4 We reserve the right to publish and display this content across our marketing channels, which may include but are not limited to:

  • Our websites and promotional landing pages
  • Social media accounts and advertising campaigns
  • Marketing emails and newsletters
  • Printed materials, brochures, and presentations
  • Partnership and affiliate marketing materials
  • Press releases and media communications

20.5 By using our free service, you acknowledge and accept that your Digital Announcement and all content therein may be used as marketing collateral. This is a fundamental condition of the free service provision.

20.6 If you do not wish your content to be used for marketing purposes, you may upgrade to a paid storage plan, which removes this marketing usage right. Please contact support for more information.

20.7 When sharing your Digital Announcement with family and friends, we recommend informing them of these terms to ensure there are no surprises regarding how the content may be used.

20.8 We never license, sell, or provide user content or data to any third parties. Your content will only be used internally within MemoriaSoft Ltd, our associated brands, Channels, and any related businesses we operate in the memorial and digital announcement space.

20.9 We reserve the right to display advertising on free user accounts at our discretion. To keep our service free of charge, we may need to generate revenue through advertising. Any advertisements displayed will be relevant and appropriate to the purpose and context of your Digital Announcement. For example:

  • Funeral announcements may display ads related to funeral services, memorial products, grief support, or related services
  • Wedding announcements may display ads related to wedding services, venues, or celebration products
  • Birthday, social, or corporate event announcements may display ads relevant to those occasions

20.10 We are committed to ensuring any advertising remains tasteful, respectful, and appropriate to the sensitive nature of the occasion. We will never display advertisements that are offensive, inappropriate, or disrespectful to the context of your announcement.

21. Public Announcement Visibility

21.1 IMPORTANT: Digital Announcements are designed to be shared and are accessible to anyone who has the link. There are no access restrictions or password protection on announcement content.

21.2 When you share your Digital Announcement link, anyone who receives it or obtains it can:

  • View the full announcement including all published sections
  • See all photos, videos, and media content
  • Read all published messages and tributes
  • View event details and RSVP information
  • Access any other published content on the announcement

21.3 Links can be forwarded, shared on social media, or otherwise distributed by anyone who receives them. You should assume that any content you publish may be seen by anyone, not just your intended audience.

21.4 We recommend only sharing your announcement link with trusted individuals and being mindful of what personal information you include in your announcement.

21.5 You have control over which sections of your announcement are published (visible) versus kept in draft (hidden). Use the Draft/Published toggles to control what visitors can see.

22. User Communications and Moderation

22.1 Account Holder Moderation Responsibilities

Because anyone with a link can view and interact with a Digital Announcement, all incoming communications require moderation by the account holder. This includes:

  • Messages and condolence notes
  • Photo and video submissions
  • RSVP responses and event contributions
  • Any other form of user interaction

All such submissions are sent directly to the account holder. It is your responsibility as the account holder to review, approve, or reject content before it is published to your announcement.

22.2 Handling Unwanted Communications

If you receive unwanted, inappropriate, or harassing communications, you have the following options:

  • Simply do not publish the content to your announcement
  • Block the user from sending further communications
  • Report the user if you believe they have violated our community guidelines

Once you block a user, you will no longer receive or see any communications from that user, and they will not be able to interact with your announcement.

22.3 User Privacy Protection

We take user privacy seriously. When users interact with your announcement:

  • You will only see their display name (username) as they have chosen to present it
  • You will only see their profile photo, if they have uploaded one
  • We never share private details such as email addresses, phone numbers, IP addresses, or any other personal identifiable information with other users
  • Users remain anonymous in terms of their private contact information

This means while you can moderate and block users based on their username and behaviour, you will not have access to their private personal information.

22.4 Content Publishing Decisions

As the account holder, you have full discretion over what content is published to your announcement. You may:

  • Approve messages and contributions for public display
  • Keep submissions private and not publish them
  • Remove previously published content at any time
  • Block users whose contributions you do not wish to receive

MemoriaSoft does not pre-moderate user submissions. The responsibility for determining what is appropriate for your announcement rests solely with you.

22.5 Important Notice for Contributors
Contributors, please read carefully:

When you submit messages, photos, videos, or any other content to a Digital Announcement, you should be aware that:

  • Your communications may be published publicly on the Digital Announcement for anyone with the link to see
  • The account holder has full discretion to publish any content you submit
  • Once published, your contribution (including your display name and profile photo) will be visible to all visitors
  • Published content may also be used for marketing purposes as outlined in Section 20

If you do not want your message or contribution to be displayed publicly, you must mark it as PRIVATE when submitting. Private messages will only be visible to the account holder and will not be published to the announcement.

By submitting content without marking it as private, you consent to the account holder publishing it on the announcement where it may be viewed by anyone with access to the link.

23. Service Discontinuation and Extraordinary Termination

23.1 Right to Discontinue

MemoriaSoft Ltd reserves the right to discontinue, wind down, or permanently cease operation of the Service (or any Channel operated under the MemoriaSoft brand), in whole or in part, at any time and for any reason, including but not limited to: commercial unviability, cessation of business operations, insolvency, regulatory changes, or strategic business decisions.

23.2 Notice of Discontinuation

In the event of a planned discontinuation of the Service, we will provide at least sixty (60) days written notice to all registered users via the email address associated with their account. This notice will include:

  • The date on which the Service will cease to operate
  • Instructions for downloading your data and media (Data Export)
  • Details of any applicable refund for paid subscription plans
  • A timeline for the final deletion of all user data
23.3 Data Export Window

Following the notice of discontinuation, you will have a minimum of sixty (60) days to download all of your data, including messages, photos, videos, and other content associated with your Digital Announcement, using the Data Export tools provided in your account dashboard.

After the data export window closes, all user data will be permanently and irreversibly deleted. It is your sole responsibility to download and save your content within the timeframe provided.

23.4 Refund Policy on Discontinuation

If you hold an active paid subscription at the time of service discontinuation, you will be entitled to a pro-rata refund for the unused portion of your subscription period, calculated from the date the Service ceases to operate to the end of your current subscription term.

Refunds will be issued to the original payment method where possible, or by an alternative reasonable method if the original payment method is no longer available. Refunds will be processed within thirty (30) days of the service cessation date.

23.5 Limitation of Liability for Discontinuation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEMORIASOFT LTD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE DISCONTINUATION OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF ACCESS, EMOTIONAL DISTRESS, OR ANY INTERRUPTION TO MEMORIAL OR ANNOUNCEMENT PAGES.

Our total liability in connection with any service discontinuation shall not exceed the amount of any pro-rata refund owed to you under Section 23.4.

23.6 Force Majeure and Unplanned Discontinuation

In the event of an unplanned or forced discontinuation due to circumstances beyond our reasonable control (including but not limited to natural disasters, cyberattacks, regulatory action, insolvency proceedings, or infrastructure failure), we will make reasonable efforts to provide as much notice as practicable and to facilitate data export where technically possible.

However, in such circumstances, we cannot guarantee the sixty (60) day notice period or data export window described above. We shall not be held liable for any failure to provide notice or data access resulting from such force majeure events.

23.7 Survival of Terms

The discontinuation of the Service does not release either party from obligations incurred prior to discontinuation, including but not limited to outstanding refund obligations and data protection responsibilities under applicable law.

Acknowledgment

By using the MemoriaSoft digital announcement service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms, please discontinue use of the Service immediately.