Definitions

For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:

“Account” means the personal profile created by a User in order to access and use the Services provided on the Website.

“Content” means all information, data, text, photographs, audio clips, audiovisual works, translations, or other materials uploaded, submitted, or shared by a User on the Website, including on a memorial Website or family tree.

“Community Guidelines” means the rules and standards published by ForeverLoved from time to time on the Website which set out acceptable and unacceptable behaviour when using the Service, including rules relating to respect, safety, appropriate content, and prohibited conduct. Users are required to comply with the Community Guidelines as a condition of using the Service.

“Family Tree” means a feature of the Website that allows Users to create, build, and share information about their family members, both living and deceased.

“Freemium Plan” means the basic subscription plan offered by ForeverLoved, which allows a User to create one (1) Memorial Website and to designate up to five (5) members in the Inner Circle of that memorial.

“Memorial Manager” means the User who creates and/or administers a memorial page on the Service, and who has the ability to manage the settings, content, and permissions relating to that memorial.

“Memorial” means a webpage created by a User through the Services to commemorate and remember a deceased person, which may include text, images, family trees, and other Content.

“Minimum Age” means the minimum age required by law in the User’s jurisdiction to create an Account and use the Services. In Malta and most EU jurisdictions this is 13 years of age, but may be higher in some countries.

“Parental Consent” means verifiable permission provided by a parent or legal guardian for a child under the Minimum Age to use the Services, as required by applicable law.

“Premium Plan” means the paid subscription plan offered by ForeverLoved, which allows a User to create two (2) or more Memorials and to designate more than 5 members in the Inner Circle of each memorial, subject to the features and limits set out on the Website from time to time.

“Privacy Policy” means the ForeverLoved Privacy Policy, as amended from time to time, which governs the collection, use, storage, and disclosure of personal information.

“Services” or “Service” means the online services provided by ForeverLoved through the Website, including the ability to create memorial Websites, build family trees, and any other features offered from time to time.

“User” or “You” means any individual who accesses or uses the Website and/or Services, whether or not they have created an Account.

“Website” means the ForeverLoved online platform made available at [insert URL], including all subdomains, features, and content.

General

The ForeverLoved Website (“Website”) is an online service (“Service”) provided by ForeverLoved Limited, a company incorporated under the laws of Malta with company registration number C 106745 ("ForeverLoved", "we", "our," or "us").

The Website allows members to create memorial Websites, build family trees, upload and enhance family photos, and search historical records and newspapers.

“User” or “You” refers to any individual accessing or using our Website and services. By using or registering on this Website, you confirm that you:

• Are at least 13 years old; or

• Are under 13 years old and have obtained the verifiable consent of a parent or legal guardian to enter into these Terms and Conditions.
  
  

Access to and use of the Service are governed by these Terms and Conditions of Service (“Terms and Conditions”).

By accessing or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, including any future modifications.

If you do not agree to these Terms and Conditions, you must not use our Website.

ForeverLoved reserves the right to amend, update, or change these Terms and Conditions at any time. Please review these Terms regularly to ensure you understand the terms applicable at the time of use.

We do not guarantee that the Website or its content will always be available or uninterrupted. We may suspend, withdraw, or restrict access to all or any part of the Website for business or operational reasons. Where possible, we will provide reasonable notice of such suspension or withdrawal.

Additional Terms

These Terms and Conditions refer to the following additional terms, which also apply to your use of our Website:

• Our Privacy Policy

• Our Community Guidelines
  
  

Acceptable Use of the Services

You are responsible for your use of the Services, and for any use of the Service made using your account. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Services, you must comply with our Community Guidelines.

Registration

In connection with registering for and using the Service, you agree:

• to provide accurate, current and complete information about you as requested by ForeverLoved;

• to maintain the confidentiality of your password and other information related to the security of your account;

• to maintain and promptly update any registration information you provide to ForeverLoved, to keep such information accurate, current and complete; and

• to be fully responsible for all use of your account and for any actions that take place through your account.
  
  

We will not require you to reveal your password to any of our representatives. You shall notify us by email at privacy@foreverloved.com of any suspected or known unauthorized use of your account, or any suspected or known breach of security. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your membership, at our sole discretion, and you may be reported to the appropriate law enforcement agencies.

Underage Users

Children under the age of 13 may only use and register for the Service with the verifiable consent of a parent or legal guardian.

If we discover that a child under 13 has created an account without parental consent, we will promptly delete that account and associated data. Parents or guardians may contact us at privacy@foreverloved.com to review or request deletion of their child’s account.

Minors

If you are between 13 and 17 years of age, you may register for and use the Service and manage your own account, provided that you comply with these Terms and Conditions and our Privacy Policy.

If you are under 18, you should be aware that the content and subject matter on the Service relate to memorials and remembrance.

The Website will display a mandatory parent/guardian consent form when a user, determined to be a minor, signs up or logs into the Website. In the consent form, a parent or guardian is required to enter their full name and email address, check boxes that declare that they are a parent or guardian of the minor, accept this Agreement and the Privacy Policy, and take responsibility for the use of the Service by the minor.

To enhance verification of parental consent, the parent or guardian will be required to actively confirm their consent via email. Additionally, an authentication step may be implemented by Forever Loved to confirm the identity of the parent or guardian before the minor can proceed to use the Service.

The details of the parental consent form, including the parent or guardian’s name, email address, and date of consent, will be documented and securely stored in accordance with applicable laws. This documentation will be accessible to the parent or guardian upon request and may be reviewed as part of our compliance procedures.

Submission of Content

As a condition of You posting information, data, text, photographs, audio clips, audiovisual works, translations, or other materials on the Service (collectively, “Content”), you hereby grant to ForeverLoved a full-paid, royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, and create derivative works from the Content and incorporate the Content into other works.

Content posted on the Service’s memorial Websites is owned by the person who created the content, is under the control of the respective Memorial Manager and is hosted by us under these Terms and Conditions.

You may not modify the code powering our Website, our Service and our software in any way.

You will not undertake or authorize any reproduction, modification, creation of derivative works, reverse engineering, decompiling, disassembling or hacking of any of parts of our Website, Service or software.

You acknowledge that this license cannot be terminated by you once your Content is submitted to the Service. However, you may revoke this license at any time by deleting your account. Upon account deletion, ForeverLoved may retain copies of your public-facing Content for archival purposes, but ForeverLoved will cease using the Content for any commercial or marketing activities. ForeverLoved reserves the right to retain non-personally identifiable data related to your Content for business, operational, and legal purposes. You may also wish to refer to our Privacy Policy, under section ‘Your Rights and Choices’ where you can understand how to exercise your right to request us to delete data which we maintain about you.

You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, ForeverLoved, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or ForeverLoved have any obligation to you or anyone else to maintain the confidentiality of the Content.

You will not upload, display, or otherwise provide on or through the Service any Content that:

(i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity, or other personal or proprietary rights);
(ii) in ForeverLoved’s sole judgment, is objectionable, restricts or inhibits any other person from using the Service, or may expose ForeverLoved or its users to any harm or liability of any kind; or
(iii) violates ForeverLoved’s Community Guidelines.

Fees and Payments

ForeverLoved offers the following paid subscription plans in addition to the basic free Website plan: Freemium Plan or Premium Plan.

Our subscriptions are purchased on an auto-renewing periodic subscription through the Service, whereby your ForeverLoved will be renewed automatically to ensure an uninterrupted service. This means that once you become a subscriber, your ForeverLoved subscription account will be billed continuously for the chosen subscription until you terminate it as set forth below.

Refund Policy

ForeverLoved does not offer refunds for any subscription fees paid. Subscriptions may be cancelled at any time in accordance with Clause 9(b), and you will continue to have access to the Service until the end of the current billing period. No partial or pro-rata refunds will be issued for unused portions of a subscription.

Donations made through GivenGain are processed directly by that platform. Any requests for donation refunds are subject solely to GivenGain’s own terms and conditions, and ForeverLoved has no responsibility or liability for such refunds.

Opting out of Renewal

After the 30-day refund period has passed, you may cancel your subscription at any time before the next billing date. To cancel, simply log in to your ForeverLoved account and visit the "My Purchases" page, where you can choose the relevant plan and click "Cancel Subscription." Cancellations will take effect at the end of the current billing period, and you will not be charged for any subsequent billing periods. You will not receive any further services or charges after the cancellation takes effect.

As a courtesy, you will receive a reminder 7 days before your subscription is set to renew. If you wish to opt out of automatic renewal, you can cancel before this reminder period ends to avoid further charges.

Fees, Taxes and Price Revisions

You agree to pay all fees and applicable taxes incurred by you or anyone using a ForeverLoved account registered to you.

ForeverLoved may revise the pricing for the goods and services offered through the Service at any time. For the current applicable prices, please refer to Price List.

Prices may be subject to additional taxes and customs charges, depending on the country in which you reside. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

Following each payment, ForeverLoved will send you an email with the details of the purchase and the amount charged.

Payment Processors

All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will ForeverLoved be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages. Please refer to our Privacy Policy for more details on data sharing with third parties.

With respect to donations, payment processing is carried out exclusively through GivenGain. Any refunds for donations are subject exclusively to GivenGain’s terms and conditions, and ForeverLoved shall have no liability in respect of such refunds.

Marketing of our services

ForeverLoved does not display third-party advertisements on the Website. However, when signing up to the Service, you may opt to allow us to use your contact information to send you marketing offers about ForeverLoved’s own products, features, and services which may complement the Service you originally signed up to use.

Such promotional offers may be made via email, telephone or mail.

If you do not wish to receive marketing offers via emails, you may opt out at any time by using the unsubscribe link listed in the email.

If you do not want to receive marketing offers via telephone or mail, please contact us at privacy@foreverloved.com.

Please refer to our Privacy Policy for more information on data protection and privacy.

No Representations or Warranties

The Service, including all images, audio files and other content therein, and any other information, property and rights granted or provided to you by ForeverLoved are provided to You on an ‘As Is’ basis.

ForeverLoved and its suppliers make no representation or warranties of any kind with respect to the Service, either express or implied, and all such representations and warranties, including warranties including warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, ForeverLoved does not make any representation or warranty of any kind relating to accuracy, service availability, completeness, information content, error-free operation or non-infringement.

Limitation on types of Damages and Limitation of Liability

To the maximum extent permitted by applicable law, in no event will ForeverLoved be liable to You or any third party claiming through You (whether based in contract, tort or other) for damages arising out of or relating to the access or use of, or the inability to access or use, the Service or any portion thereof, including but not limited to the loss of use of the Service, inaccurate results, loss of profits, business interruption or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephone or other property, even if ForeverLoved has been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend and hold harmless ForeverLoved, owner and controller, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Termination

ForeverLoved may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your ForeverLoved account at any time by following the instructions available through the Service. Sections 1, 12-20 of these Terms and Conditions shall survive any termination.

Proprietary Rights in Service Content and Activity Materials

All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (“Service Content”), are the proprietary property of ForeverLoved or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping, or similar data gathering or extraction methods to obtain Service Content. As between you and ForeverLoved, all data, information, and materials generated from your access and use of the content sharing platform made available on or through the Service, (“Activity Materials”), shall be exclusively owned by ForeverLoved, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to ForeverLoved any and all rights, title, and interest, including any intellectual property rights or proprietary rights, in the Activity Materials.

Privacy

Use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the terms of the Privacy Policy.

Governing Law

These Terms and Conditions shall be governed by and construed under the laws of Malta, excluding any conflict of laws provisions, regardless of your country of origin or where you access the Service.

Dispute Resolution & Arbitration

Any dispute or claim relating to these Terms and Conditions or the Service, including when seeking monetary relief, shall be resolved by binding arbitration on an individual basis according to this section. The said disputes or claim relating to these Terms and Conditions or the Service shall be in settled in accordance with Malta’s Arbitration Act as administered by Malta’s Arbitration Centre.

You and ForeverLoved agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1-year period includes the required pre-dispute procedures set forth hereunder) and that any arbitration proceeding commenced after 1 year shall be forever barred.

Prior to initiating any arbitration, the party seeking arbitration (“Claimant”) must first send a written notice of claim (“Notice”) to the other party (“Respondent”) by email to legal@foreverloved.com or by courier or Registered Mail to ‘ForeverLoved Limited’, 40 Villa Fairholme, Sir Augustus Bartolo Street, Ta’ Xbiex XBX 1095, Malta. This Notice must contain the Claimant’s name, address, and contact information; the identity of the lawyer (if any), the nature and basis of the claim and the specific relief sought.

Within thirty (30) days of receipt of the Notice, the parties shall engage in at least one good-faith settlement conference by video conference. An individual party must be personally present at this settlement conference, and an individual representing ForeverLoved shall be present at this settlement conference, though both parties may bring lawyers as well. Arbitration shall be initiated only if no settlement can be reached after thirty (30) days from the date of the settlement conference.

ForeverLoved reserves the right to amend this arbitration provision at any time. Your continued use of the Website and/or Service is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, ForeverLoved will provide you notice and an opportunity to opt-out. Your continued use of the Website and/or Service is affirmation of your consent to such material changes.

Miscellaneous

These Terms and Conditions constitute the entire agreement between ForeverLoved and You concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by ForeverLoved or You of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. ForeverLoved may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon ForeverLoved and You, and ForeverLoved’s and your respective successors and permitted assigns.

Contact Us

You can contact us if you have any questions or concerns about this Agreement, the Website, the Service or any related topic, by visiting our Help Center, or writing to the address below:

Customer Support
ForeverLoved Limited
40 Villa Fairholme,
Sir Augustus Bartolo Street,
Ta’ Xbiex XBX 1095, Malta

https://www.ForeverLoved.com