Terms and Conditions

1. Introduction and Acceptance

Welcome to our Online Memorial and Obituary Management Platform ("Service", "Platform", "Website", or "we/us/our"). By accessing or using this Service, you ("User", "you", or "your") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our Service.

This Service is operated in accordance with the laws of India, including but not limited to:

• Information Technology Act, 2000 and its amendments
• Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
• Digital Personal Data Protection Act, 2023 (DPDP Act)
• Consumer Protection Act, 2019
• Indian Contract Act, 1872
• The Copyright Act, 1957

By using this Service, you warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement.

2. Service Description

Our Platform provides digital memorial and obituary management services, including:

• Creation and hosting of digital memorial pages
• Storage and display of photographs, videos, and audio tributes
• AI biography generation and AI memorial song creation (audio tributes)
• AI-powered translation of memorial content
• Collection and moderation of condolence messages
• Generation of QR codes for memorial sharing
• Anniversary reminders via WhatsApp and email
• Charitable trust directory for memorial donations
• Newspaper memorial ad booking
• Memorial page hosting — Free plan (1 per account, permanent) or Lifelong plan (₹2,499 per page, permanent with premium features)

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice.

3. User Registration and Account Security

3.1 Registration: To use certain features of our Service, you must register an account by providing accurate, current, and complete information including your name, email address, and mobile number.

3.2 Authentication: We use OTP (One-Time Password) based authentication via mobile number for user accounts and email/password authentication for administrative accounts.

3.3 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

3.4 Account Termination: We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, abusive, or illegal activities.

4. Content and Intellectual Property Rights

4.1 User Content: You retain ownership of all content you upload to the Platform ("User Content"), including photographs, videos, audio recordings, text, and other materials. AI-generated content (biography text, memorial songs) created through our platform features is stored on your memorial page on your behalf. You are responsible for reviewing and approving all AI-generated content before publishing.

4.2 License Grant: By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, display, and reproduce your content solely for the purpose of operating and providing the Service.

4.3 Content Representation: You represent and warrant that:

• You own or have obtained all necessary rights to the User Content
• Your content does not infringe any third-party intellectual property rights
• Your content does not violate any applicable laws or regulations
• You have obtained consent from all individuals depicted in photographs or recordings
• The person for whom the memorial is created is deceased. Creating a memorial for a living person without their consent is prohibited and may constitute harassment or defamation under applicable law

4.4 Platform Intellectual Property: All Platform content, including design, layout, graphics, code, and logos, is owned by us or our licensors and is protected under the Copyright Act, 1957 and other applicable laws.

4.5 Prohibited Content: You must not upload content that is defamatory, obscene, threatening, hateful, discriminatory, or violates any law or third-party rights. Creating false or fabricated memorials is also prohibited.

4.6 Automated Content Filtering: We apply automated keyword-based content filtering to memorial submissions and condolence messages. Content flagged by automated filters may be held for review or rejected. You may appeal a rejection by contacting us at grievance@heavenlytribute.in.

5. Payment Terms and Subscription

5.1 Pricing: Our Service offers the following plans:

• Free Plan (₹0): 1 memorial page per account, up to 3 photos, condolence messages, public page with QR code — hosted permanently
• Lifelong Plan (₹2,499 + applicable taxes): Up to 25 photos, AI biography generation, AI memorial song, full gallery, memorial frames, QR code download, all Free plan features — hosted permanently

5.2 Payment Processing: Payments are processed through secure third-party payment gateways. We do not store your credit card or banking information.

5.3 Taxes: All prices are subject to applicable Indian taxes including GST (Goods and Services Tax) as per prevailing rates.

5.4 Refund Policy: The Lifelong plan is a one-time purchase. Refunds may be requested within 7 days of payment, provided that no AI content (biography or memorial song) has been generated and the obituary has not been published. After either condition is met, the purchase is non-refundable except as required by applicable law or in cases of Service failure on our part.

5.5 Plan Duration: Both the Free plan and the Lifelong plan provide permanent memorial page hosting. There is no recurring subscription and no automatic expiry. Memorial pages are not deactivated due to plan status. Account termination (initiated by you or by us for Terms violations) may result in page removal.

5.6 Price Changes: We reserve the right to modify our pricing structure with 30 days' prior notice to existing subscribers.

6. Privacy and Data Protection

6.1 Data Collection: We collect and process personal information in accordance with our Privacy Policy and applicable data protection laws including the Information Technology Act, 2000 and IT Rules, 2011.

6.2 Sensitive Personal Data: We recognize that memorial information may contain sensitive personal data as defined under Indian law. We implement appropriate security measures to protect such data.

6.3 Data Storage: Your data is stored on secure servers located in India or other jurisdictions with adequate data protection standards.

6.4 Data Retention: We retain your data for the duration of your subscription plus a reasonable period thereafter for legal and accounting purposes.

7. Prohibited Activities

You agree not to:

• Use the Service for any unlawful purpose or in violation of any Indian laws
• Upload false, misleading, or fraudulent information
• Impersonate any person or entity
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any portion of the Platform
• Use automated systems (bots, scrapers) to access the Service
• Transmit viruses, malware, or other harmful code
• Harass, abuse, or harm other users
• Violate any intellectual property rights
• Engage in any activity that damages our reputation or business

8. Content Moderation and Removal

8.1 Moderation Rights: We reserve the right to review, moderate, and remove any User Content that violates these Terms or applicable laws.

8.2 Condolence Moderation: All condolence messages are subject to moderation before being publicly displayed. We may reject messages that are inappropriate or offensive.

8.3 No Obligation: We are not obligated to monitor all content but may do so at our discretion.

8.4 Reporting: Public memorial pages include a "Report this memorial" feature. Reports are reviewed by our moderation team. The IP address of the reporter is logged for abuse prevention. We will acknowledge and review all reports and take appropriate action under these Terms.

8.5 Automated Filtering: Automated keyword-based filtering is applied to memorial content and condolence messages at the time of submission. Filtered content may be reviewed before display. You may appeal any filtering decision by contacting grievance@heavenlytribute.in.

9. AI-Generated Content

Our platform uses OpenAI and Suno API to generate biographical content and audio memorial songs. By using these features, you acknowledge that:

• AI-generated content (text or audio) may be inaccurate, incomplete, or not reflect the deceased person's life accurately
• You are responsible for reviewing and editing all AI-generated content before publishing it on a public memorial page
• We are not liable for inaccuracies, errors, or omissions in AI-generated content
• The biographical information and other content you submit for AI generation is transmitted to OpenAI and Suno API (both based in the USA) for processing, in accordance with our Privacy Policy

10. Memorial Page Ownership Transfer

Memorial page ownership may be transferred to another registered user by platform administrators upon written request from the current owner, or for administrative reasons (e.g., estate management, account consolidation). The new owner assumes all rights and obligations under these Terms with respect to the transferred memorial page. To request a transfer, contact support@heavenlytribute.in with the memorial page details and the new owner's registered email address.

11. Disclaimers and Limitations of Liability

11.1 "AS IS" Service: The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied.

11.2 No Warranty: We do not warrant that:

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

11.3 Limitation of Liability: To the maximum extent permitted by Indian law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of the Service.

11.4 Maximum Liability: Our total liability to you for all claims arising from the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

11.5 Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, internet failures, or government actions.

12. Indemnification

You agree to indemnify, defend, and hold harmless our company, its directors, officers, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your User Content
• Any fraudulent or illegal activity

13. Governing Law and Dispute Resolution

13.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

13.2 Jurisdiction: Subject to the arbitration clause below, the courts of the location of our registered office in India shall have exclusive jurisdiction over any disputes arising from these Terms.

13.3 Arbitration: Any dispute arising from or relating to these Terms shall first be attempted to be resolved through good-faith negotiation. If unsuccessful within 30 days, the dispute shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in English language at the location of our registered office in India.

13.4 Consumer Rights: Nothing in these Terms shall affect your statutory rights as a consumer under the Consumer Protection Act, 2019.

14. Grievance Redressal Mechanism

In accordance with the Information Technology Act, 2000 and rules made thereunder, we have appointed a Grievance Officer to address your concerns regarding:

• Content violations or inappropriate content
• Privacy and data protection concerns
• Account-related issues
• Service complaints

15. Termination

15.1 Termination by You: You may terminate your account at any time by contacting our support team. Upon termination, your access to the Service will cease, but data may be retained as per legal requirements.

15.2 Termination by Us: We may terminate or suspend your account immediately, without prior notice, if you breach these Terms or engage in prohibited activities.

15.3 Effect of Termination: Upon termination, you must cease all use of the Service. Provisions regarding intellectual property, indemnification, liability limitations, and dispute resolution shall survive termination.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on the Platform. We will notify you of material changes via email or prominent notice on the Website.

Your continued use of the Service after changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must discontinue use of the Service.

17. Miscellaneous Provisions

17.1 Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.

17.2 Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17.3 Waiver: Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

17.4 Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights without restriction.

17.5 Language: These Terms are prepared in English. In case of any conflict between English and translated versions, the English version shall prevail.

18. Contact Information