Terms of Service

Last updated: April 2025

These Terms of Service ("Terms") govern the relationship between EdenMemory ("Service", "we") and the user ("Customer"). Placing an order constitutes full and unconditional acceptance of these Terms.

1. Service Description

The Service provides a complete package that includes:

• An automatic memorial video generation tool that runs on the Customer's device.
• Delivery of the finished video file to the Customer for their own safekeeping.
• Publication of the video on YouTube (Google LLC) or another video platform and activation of the QR plaque.
• A physical memorial plaque with a QR code linking to the video.

The video is generated automatically directly on the Customer's device. Original photos, music, and other source materials are not transmitted to or stored on Service servers. The Service receives only the finished video file for publication.

Once the finished video has been delivered to the Customer, responsibility for storing it rests solely with the Customer. The Service is not a permanent video storage facility.

The plaque is a physical QR code carrier and is not permanently tied to a specific video. If the video is lost or becomes unavailable, the Customer can independently reactivate the plaque using the plaque password: change the link, upload a new video, or regenerate the video from new materials.

2. Ordering, Payment and Delivery

• An order is considered accepted after confirmation by the Service.
• Payment is made by cash on delivery upon receipt at a Nova Poshta branch or parcel locker. The Customer pays at the time of collection.
• Delivery costs are paid by the Customer according to Nova Poshta rates at the time of shipment.
• Prices listed on the site may change without notice.
• Placing an order constitutes acknowledgment and acceptance of these Terms.
• If the Customer refuses the parcel at the post office, the Customer is obligated to reimburse the return delivery cost.

3. Customer Obligations

The Customer agrees to:

• Provide only materials for which they hold copyright or necessary permissions.
• Not upload materials that infringe third-party rights or contain illegal content.
• Provide accurate contact information.
• Retain original copies of submitted materials — the Service is not a permanent storage facility.

4. Service Rights and Obligations

The Service will make reasonable efforts to fulfill orders within agreed timeframes. The Service reserves the right to:

• Refuse any order without explanation, with a refund of payment.
• Modify the functionality, design, and technical parameters of the Service.
• Suspend or discontinue the Service at any time.
• Delete uploaded materials after order completion.

5. Limitation of Liability

The Service is not liable for:

• Technical failures and data loss — including server failures, hosting provider, cloud storage, or YouTube failures. The existence of backup copies does not guarantee the ability to restore data or reactivate the plaque during downtime.
• Video unavailability — due to blocking, removal, or changes in YouTube (Google LLC) terms.
• Delays or inability to perform due to force majeure: natural disasters, armed conflicts, cyberattacks, government actions, power outages, payment system blocks, sanctions, etc.
• Third-party actions — hosting providers, payment processors, YouTube, telecom operators.
• Indirect damages — lost profits, moral harm, or other consequential losses.
• Customer-provided materials — quality, copyright compliance, or legal status.

The Service's maximum liability for any obligation is limited to the amount actually paid for the relevant order.

6. Refunds

• Full refund — if the Service has not begun fulfilling the order.
• Partial refund — if work has begun but not completed due to the Service's fault, proportional to the uncompleted portion.
• No refund if the order was completed in accordance with the submitted materials and conditions, and the complaint relates to subjective dissatisfaction with the result.
• In case of force majeure — refund at the Service's discretion, not exceeding the amount paid.

7. Physical Plaque: Quality and Warranty

EdenMemory plaques are manufactured from quality materials following production standards. However, the Service provides no long-term guarantees regarding the appearance or physical condition of the product, as conditions of use (UV exposure, precipitation, temperature fluctuations, mechanical damage, etc.) are outside the Service's control and directly affect material durability.

The plaque is a physical carrier of the QR code providing access to the memorial video. The Service cannot guarantee or confirm the condition of the product at any point after delivery to the Customer.

If a manufacturing defect or damage during delivery is identified, the Customer may contact the Service. Replacement is at the Service's discretion. In practice, the Service accommodates such cases and performs replacements; however, delivery costs for replacement are paid by the Customer according to Nova Poshta rates. The Service has no obligation to provide free replacement in cases of natural wear, damage caused by the Customer, or after a reasonable period following receipt.

8. Intellectual Property

Copyright in source materials (photos, video, music) remains with the Customer or third parties. The Customer grants the Service a non-exclusive license to use the materials solely for order fulfillment.

The finished video produced by the Service is the Service's related-rights property; however, the Customer has the right to unlimited personal use.

8. Prohibited Content

It is prohibited to use the Service for materials containing:

• Propaganda of violence, terrorism, or discrimination.
• Sexual content or depictions of minors.
• Content infringing third-party copyright.

Upon detection of such content, the Service may terminate the agreement without refund and notify relevant authorities.

9. Term and Modifications

These Terms are effective from the moment of order placement until all obligations are fulfilled. We reserve the right to modify the Terms at any time. A new version takes effect upon publication on the site.

10. Governing Law

These Terms are governed by the laws of Ukraine. Disputes shall be resolved through negotiation, and if not possible, in a court at the Service's location.

11. Contact

For order and terms inquiries: [email protected]