Terms of Use

These Terms of Use are the agreement between you and Memorygram, Inc. By creating, viewing, or contributing to a memorial, you agree to these terms and to our Privacy Policy. Please read them carefully, they include a binding arbitration provision and a class-action waiver (Section 13) that affect your legal rights.

1. The service

Memorygram, Inc. ("Memorygram", "we", "us") lets you create, publish, and manage online memorial pages. Creating, publishing, and sharing a memorial is free and does not expire. Some features (such as native high-resolution photo and video hosting, uploading your own background music, and advanced privacy controls) are available on a paid Premium or Lifetime plan.

2. Eligibility & your account

You must be at least 18 years old and able to form a binding contract to use the service. You may create memorials as a guest or with an account. You are responsible for all activity under your account and for keeping your sign-in details secure; report any unauthorized use to info@memorygram.com. You must provide accurate information.

3. Your content

You retain ownership of the photos, tributes, stories, and other content you add. By adding content, you grant Memorygram a worldwide, non-exclusive license to host, store, display, and distribute it for the purpose of operating and promoting the service and the memorial you created. You confirm you have the right to share what you upload, and that it does not infringe anyone's rights or break the law.

Memorials are a place of mourning. You agree not to post content that is unlawful, hateful, harassing, deceptive, or that violates the dignity of the person memorialized or others. We may review, moderate, or remove content and may suspend memorials that violate these terms, but we are not obligated to monitor content.

4. Privacy of a memorial

You choose a memorial's privacy level (for example, public, link-only, or, on Premium, password-protected or private). Public memorials may be discoverable by search engines. You are responsible for the privacy setting you select and for who you share a link with.

5. Payments, plans, and refunds

Paid plans are processed by our payment provider, Stripe. We do not store your full card details. Premium subscriptions renew automatically (monthly or yearly) until cancelled; you can cancel at any time from your account and retain access through the end of the paid period. Lifetime is a one-time payment. Premium and Lifetime are covered by a 30-day money-back guarantee: if you're not satisfied, email info@memorygram.com within 30 days of that charge for a full refund. After 30 days, payments already made are non-refundable, but cancelling stops all future renewals. The base memorial is always free and is never charged.

6. Third-party products and affiliate links

We surface optional third-party offerings, such as sympathy flowers, donations, estate planning, and memorial keepsakes, including affiliate links from which we may earn a commission at no extra cost to you. Those products and services are provided, fulfilled, and supported by the third-party seller, not by Memorygram. Your purchase is governed by that seller's terms, and we are not responsible for their products, delivery, or conduct.

7. Acceptable use

Don't misuse the service: no attempting to breach security, scrape at scale, impersonate others, upload malware, or use Memorygram for unlawful purposes. We may limit or end access for misuse.

8. Our content

The Memorygram name, software, design, and original content are owned by us and protected by intellectual-property laws. These terms don't grant you rights to them beyond using the service as intended.

9. No professional advice

The service and any content we provide are for general informational purposes only and are not medical, legal, financial, or other professional advice. Memorygram is not a funeral or emergency service.

10. Disclaimers

The service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We strive to keep memorials online and safe, but we do not warrant that the service will be uninterrupted, secure, error-free, or that content will be preserved without loss. You are responsible for keeping your own copies of content you wish to preserve.

11. Limitation of liability

To the fullest extent permitted by law, Memorygram and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, profits, goodwill, or content, arising out of or relating to the service. Our total aggregate liability for any and all claims relating to the service is limited to the greater of one hundred U.S. dollars ($100) or the amount you paid us in the twelve (12) months before the event giving rise to the claim. Some jurisdictions do not allow certain of these limitations, so some may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Memorygram and its officers, employees, and suppliers from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of the service, your content, or your violation of these terms or of any law or the rights of a third party.

13. Dispute resolution, arbitration & class-action waiver

Please read this section carefully, it affects your legal rights. Before bringing a formal claim, you agree to first contact us at info@memorygram.com and attempt to resolve the dispute informally. If we cannot resolve it within thirty (30) days, any dispute arising out of or relating to these terms or the service will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Austin, Texas, rather than in court, except that either party may bring an individual claim in small claims court in Travis County, Texas. You and Memorygram each waive any right to a jury trial and to participate in a class, collective, or representative action; disputes will be resolved only on an individual basis. If this class-action waiver is found unenforceable, the remainder of this section will not apply to that dispute.

14. Governing law

These terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Subject to Section 14, the state and federal courts located in Austin, Texas have exclusive jurisdiction over any matter not subject to arbitration.

15. Copyright & DMCA

We respect intellectual-property rights. If you believe content on the service infringes your copyright, send a notice with the information required by the DMCA (identification of the work, the material, your contact details, and a good-faith statement) to info@memorygram.com. We may remove infringing content and terminate repeat infringers.

16. Force majeure

Memorygram is not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, outages, network or hosting-provider failures, labor disputes, or governmental actions.

17. Electronic communications

By using the service you consent to receive communications from us electronically, by email or through notices posted in the service, and you agree that such electronic communications satisfy any legal requirement that a communication be in writing.

18. Termination and changes

You may stop using the service at any time. We may suspend or end access for violations of these terms. We may update these terms; if we make material changes, they take effect 30 days after we update the date above and, where appropriate, notify you. Continued use means you accept the updated terms.

19. Miscellaneous

If any provision of these terms is found unenforceable, the remaining provisions remain in full effect. Our failure to enforce a provision is not a waiver of it. You may not assign these terms without our consent; we may assign them freely. These terms, together with the Privacy Policy and any Refund Policy, are the entire agreement between you and Memorygram regarding the service.

20. Contact

Questions about these terms? Email info@memorygram.com. Memorygram, Inc., 3571 Far West Blvd, Austin, TX 78731.

This page is provided for transparency and is not legal advice. We recommend review by qualified counsel for your jurisdiction before relying on it.