Effective Date: January 1, 2025 | Last Updated: January 1, 2025
These Terms of Service ("Terms") govern your access to and use of the FarewellFootage website and services (collectively, the "Service") operated by FarewellFootage ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
1. Acceptance of Terms
By creating an account, accessing, or using FarewellFootage, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of another person or entity, you represent that you have the authority to bind them to these Terms.
You must be at least 18 years of age to use this Service. By using FarewellFootage, you represent and warrant that you meet this age requirement.
2. Account Registration
To use most features of our Service, you must create an account. When registering, you agree to:
- Provide accurate, current, and complete information during registration.
- Maintain and promptly update your account information to keep it accurate and current.
- Maintain the security of your password and accept all risks of unauthorized access to your account.
- Notify us immediately if you suspect unauthorized use of your account.
- Not create more than one personal account.
- Not transfer your account to any other person without our prior written consent.
We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, misleading, or incomplete, or if you violate any provision of these Terms.
3. Subscription Plans
3.1 Plan Options
FarewellFootage offers the following subscription tiers:
- Free Plan ($0): Includes 1 farewell video (up to 5 minutes), 2 text letters, and 2 recipients with basic vault security.
- Premium Plan ($9.99/month or $89/year): Includes 10 farewell videos (up to 30 minutes each), unlimited text letters, 10 recipients, advanced vault security, HD video, priority verification within 48 hours, and email notifications.
- Family Plan ($19.99/month or $179/year): Includes unlimited farewell videos and letters, unlimited recipients, family sharing for up to 5 members, advanced vault security, priority verification within 24 hours, dedicated support, and downloadable copies.
3.2 Billing and Payment
- Paid subscriptions are billed in advance on a monthly or annual basis, depending on your selection.
- Payment is processed through our third-party payment provider. We do not store your full credit card number on our servers.
- Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.
- Prices are subject to change with 30 days notice. Price changes will not affect active billing periods.
3.3 Plan Changes
You may upgrade your plan at any time. Upgrades take effect immediately, and you will be charged the prorated difference. Downgrades take effect at the end of your current billing period. If your content exceeds the limits of your new plan, you will need to remove content before the downgrade takes effect, or excess content will be placed in a read-only archive.
4. Content Guidelines
You retain full ownership of all content you create on FarewellFootage. By using our Service, you grant us a limited, non-exclusive license to store, transmit, and deliver your content solely for the purpose of providing the Service.
You agree not to create or upload content that:
- Contains threats, harassment, hate speech, or incitement to violence.
- Is defamatory, obscene, or pornographic.
- Infringes on the intellectual property rights of others.
- Contains malware, viruses, or any harmful code.
- Violates any applicable law or regulation.
- Impersonates another person or misrepresents your identity.
- Is spam, advertising, or solicitation unrelated to farewell messages.
We reserve the right to review content reported as violating these guidelines and to remove content or suspend accounts at our discretion.
5. Death Verification Policy
The release of farewell messages to designated recipients is contingent upon successful completion of our death verification process:
- Submission: A trusted individual (family member, executor, or legal representative of the deceased) must submit a death verification request through our platform, including an official government-issued death certificate.
- Review: Our verification team reviews every submission carefully and may request additional documentation. Standard review takes 1-3 business days. Premium plan holders receive priority review within 48 hours, and Family plan holders within 24 hours.
- Approval: Upon successful verification, farewell messages are released to designated recipients via secure, unique access links sent by email.
- Rejection: If verification cannot be confirmed, the requester will be notified with the reason and may submit additional documentation.
- Appeals: Rejected submissions may be appealed by providing additional supporting documentation or by contacting our support team.
FarewellFootage exercises reasonable care in the verification process but cannot guarantee absolute accuracy. We are not liable for delays in verification, releases made in good faith based on documentation that later proves to be fraudulent, or emotional distress arising from the delivery of farewell messages.
6. Video Storage
- Videos are stored on secure, encrypted servers for the duration of your active account.
- Maximum video file size is 500 MB per upload.
- Supported video formats include MP4, WebM, and MOV.
- We maintain redundant backups to prevent data loss but do not guarantee against all forms of data loss.
- You are encouraged to keep personal backups of your content where possible.
- Upon account deletion or prolonged inactivity (24 months), video content may be permanently deleted after providing you with 90 days notice and opportunity to export your data.
7. Refund Policy
- Monthly Subscriptions: You may cancel at any time. Your subscription will remain active until the end of the current billing period. No partial refunds are provided for unused portions of a monthly billing period.
- Annual Subscriptions: If you cancel within the first 14 days of an annual subscription, you are eligible for a full refund. After 14 days, no refund will be issued, but your subscription will remain active until the end of the annual period.
- Exceptions: We may issue refunds at our discretion in cases of documented technical issues that prevented you from using the Service, or other extenuating circumstances.
- To request a refund, contact us at support@farewellfootage.com.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAREWELLFOOTAGE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.
- Any loss or corruption of data, including farewell messages or videos.
- Any unauthorized access to or alteration of your content.
- Any emotional distress or psychological impact resulting from the creation, storage, or delivery of farewell messages.
- Any delays or failures in the death verification process.
- Any actions taken by recipients after receiving your farewell messages.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Termination
9.1 Termination by You
You may terminate your account at any time by contacting our support team or through your account settings. Upon termination:
- Your account will be deactivated immediately.
- Your data will be retained for 30 days to allow for reactivation.
- After 30 days, all personal data and content will be permanently deleted.
- Any active subscription will remain active until the end of the current billing period, and no further charges will be made.
9.2 Termination by Us
We reserve the right to suspend or terminate your account if:
- You violate these Terms or our Content Guidelines.
- You engage in fraudulent activity or misuse the Service.
- Your account has been inactive for more than 24 months with no active subscription.
- We are required to do so by law or legal process.
In cases of termination for cause, we will make reasonable efforts to notify you and provide an opportunity to export your data, unless prohibited by law.
10. Changes to Terms
We may update these Terms from time to time. When we make material changes, we will:
- Post the updated Terms on our website with a new "Last Updated" date.
- Notify registered users via email at least 30 days before the changes take effect.
- Provide a summary of key changes.
Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of those changes. If you do not agree with the updated Terms, you must stop using the Service and may terminate your account.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association. You agree to waive any right to a jury trial or to participate in a class action lawsuit.
12. General Provisions
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and FarewellFootage regarding the Service.
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Assignment: We may assign our rights and obligations under these Terms without your consent. You may not assign your rights or obligations without our prior written consent.
13. Contact Information
If you have questions about these Terms, please contact us: