Terms of service

Momeria Terms and Conditions

These terms and conditions (the “Agreement”) set out the terms on which Momeria, Inc., a [Legal Status] (“Momeria,” “we,” “us,” or “our”) provides logistic tools and support services for tasks related to end-of-life planning (the “Service”) available on or through the website momeria.com (the “Site”) to you, a user of the Service (“you” or “User”). Please read this Agreement carefully. By indicating acceptance of this Agreement or by otherwise using the Service, you are entering into a legally binding agreement with us (and you hereby represent that you are of legal age, and are otherwise fully able and competent, to enter into a binding agreement). If you do not agree to these terms and conditions, you must not use the Service.

Nature of the Service

a. End of Life Planning Tools: The Service is a proprietary single-point solution accessible from desktop or mobile devices, through which users can navigate decisions, complete tasks, and utilize support services related to end-of-life planning and health information management (the “Specified Purpose”). The Service includes access to a planning dashboard that guides users through various tasks associated with end-of-life planning, a chat functionality that allows users to interact with and receive guidance from a digital concierge, and suggested products and services. Premium tools are available to assist users with responsibilities such as creating, sharing, and accessing advance directives to facilitate communications with healthcare providers, closing accounts of deceased individuals, sharing information about a deceased individual’s passing, and obituary creation and placement (“Premium Tools”).

b. No Legal, Medical, Tax, or Professional Advice: Momeria is not engaged in rendering legal, medical, tax, or similar professional advice or services via the Service. The information provided via the Service should not be interpreted as a substitute for consultation or evaluation by qualified professionals, and the information made available on or through the Service should not be relied upon when making legal, medical, financial, or other decisions. You are urged to seek the advice of a professional with any questions you may have before implementing any plans or suggestions that may be referenced, discussed, or offered under the Service.

Registration

In order to use certain parts of the Service, you may be required to provide us with your first name, last name, and email address, and to create a password and register with us. You represent and warrant to us that you will provide us with accurate, current, and complete registration information. You are responsible for your registration and for all use of the Service using any User credentials or passwords issued to you or chosen by you. You will keep all such credentials and passwords confidential.

Fees

The basic Service is available free of charge. We offer Premium Tools through paid subscription plans that allow you to access additional or exclusive features or content made available through the Service. If you purchase Premium Tools, you must pay all applicable fees. You will provide us (or our designated third-party payment provider) with accurate and valid credit card or other payment information and update your credit card or other payment information if any information provided becomes invalid or incomplete.

Our Ownership Rights

The Service, including all aspects of the Momeria platform and the Site (including Our Property, as defined below), is the property of, and owned by, Momeria or its licensors. All the software, algorithms, functionality, inventions, concepts, text, images, sound, music, videos, marks, logos, compilations, content, and technology used to deliver the Service or otherwise embodied in, displayed through, or provided directly or indirectly via the Service are “Our Property.”

Trademarks

The mark “MOMERIA,” the Momeria logo, and any associated logos are registered or unregistered trademarks or service marks of Momeria or its licensors. You may not use them, or any of our other marks or logos, in any manner that is likely to cause confusion or that disparages or discredits us, without our consent.

Use of the Service

Subject to the terms and conditions herein, you are permitted to use the Service solely for the Specified Purpose. Certain features, pages, or content within the Service may contain supplemental terms of use, to which you must agree in order to use the relevant features, pages, or content.

Feedback

If you provide us with any comments, feedback, suggestions, ideas, or other submissions related to the Service (collectively “Feedback”), the Feedback will be the sole property of Momeria. We will be entitled to use, reproduce, disclose, publish, distribute, and otherwise exploit in any manner, all Feedback, without restriction and without compensating you in any way.

User Content

The Service may permit you to create, upload, store, and/or transmit certain information or other content to other users (collectively, “User Content”). You retain your rights in your User Content, subject to the rights granted below and our rights in Our Property as explained above.

Warranty Disclaimers and Limitations of Liability

a. General Disclaimer: THE SERVICE IS PROVIDED “AS IS,” WITH ALL FAULTS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. The Service may pause or interrupt at any time, and you should expect periodic downtime for updates.

b. Limitation of Liability: UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM US ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES. Our maximum aggregate liability to you for any damages arising from or relating to this Agreement, the Service, or Our Property shall be limited.

Cloud Services and Third Party Services

We provide the Service using cloud computing services of one or more third-party cloud providers. We shall not be responsible or liable to you for any act, omission, or failure of any Cloud Provider. The Service may publish content or information about goods and services offered by third parties relevant to end-of-life planning. Use of each Third Party Service may require that you accept additional terms of use.

Indemnity

You will indemnify us, and our licensors, providers, and agents, against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses, and attorneys’ fees arising out of or related to your breach of this Agreement or your use of the Service.

Privacy Policy

We operate the Service under the Privacy Policy published at momeria.com/privacy-policy (the “Privacy Policy”), which is hereby incorporated into this Agreement. Each party shall comply with the Privacy Policy.

Modification of Service and Agreement

Momeria reserves the right to modify its services at any time, without prior notice to you. Momeria may also amend this Agreement prospectively. If any changes are made, Momeria will notify you by posting the updated terms on its website. You agree that your continued use of Momeria’s services constitutes your acceptance of the amended Agreement. If you do not agree with any updated terms, you must discontinue using Momeria’s services. Except as mentioned above, this Agreement may be amended or modified only by Momeria.

Applicable Law

You and Momeria each agree that all disputes or other matters arising from or relating to this Agreement or the use of Momeria’s services will be governed by the laws of the state or jurisdiction where Momeria is registered, without regard to conflicts of laws principles. Any legal action or proceeding by you related to any claim arising from or relating to Momeria’s services or this Agreement must commence within the shorter of the applicable statute of limitations or one year after the cause of action has accrued. The United Nations Convention for the International Sale of Goods is hereby disclaimed.

Arbitration

Momeria will attempt to resolve disputes with users to their satisfaction. If a matter arises that cannot be resolved promptly between you and Momeria, you agree that any disputes arising out of or relating to Momeria’s services or this Agreement shall be resolved exclusively by final and binding arbitration administered by a reputable arbitration organization, in accordance with the prevailing arbitration rules, and conducted before a single arbitrator pursuant to the applicable rules and procedures established by the arbitration organization. You agree that the arbitration shall be held in a location specified by Momeria, unless it is deemed unreasonably burdensome, in which case a suitable alternative location will be chosen. You also agree that the arbitration will not allow for claims on a class, mass, representative, or private attorney general basis. The parties may not consolidate their claims without mutual consent. By agreeing to this provision, you waive your rights to have your case decided by a jury.

Jurisdiction

With respect to any claims that are not subject to arbitration, you hereby consent to the exclusive jurisdiction and venue in any federal or state court located within the jurisdiction where Momeria is registered. You shall not bring any such suit, claim, or cause of action except in a court located within that jurisdiction.

Force Majeure

In no event will Momeria be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside of its reasonable control. Without limitation, Momeria will not be liable for any damages arising from the acts of hackers or similar individuals interfering with Momeria’s services.

Compliance with Laws

You agree to comply with all laws and regulations applicable to your activities under or in connection with this Agreement and your use of Momeria’s services.

Geography

Momeria is based in a specific location, and its services may not be suitable for or accessible in all locations. Access to Momeria’s services may not be legal in certain jurisdictions or by certain individuals. If you access Momeria’s services from outside its base location, you do so at your own initiative and are responsible for compliance with local laws.

Children

Momeria’s services are not intended for users under the age of 13. Momeria does not knowingly collect personal information from children under the age of 13. If you are under the age of 13, you are not permitted to create a profile or send personal information to Momeria.

Miscellaneous Provisions

No delay or omission by Momeria in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof. Any waiver by Momeria of any of the covenants, conditions, or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition, or agreement herein.

In the event that any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.

This Agreement sets forth the entire agreement between you and Momeria regarding its subject matter, and supersedes all prior promises, agreements, or representations, whether written or oral, regarding such subject matter. Your profile, this Agreement, and your rights and obligations hereunder are not assignable, transferable, or delegable by you to any third party without Momeria’s prior written consent.

Momeria may assign or otherwise transfer this Agreement, including any rights or obligations, from time to time in its sole discretion. This Agreement will be binding upon and inure to the benefit of the parties’ successors and permitted assigns.

This Agreement may be executed electronically, and your electronic assent or use of Momeria’s services shall constitute execution of this Agreement. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.

As used herein and unless the intent is expressly otherwise in a specific instance, the terms “include,” “includes” or “including” shall not be limiting and “or” shall not be exclusive. Any section headings herein are for convenience only and do not form a part of, and will not be used in the interpretation of, the substantive provisions of this Agreement.

Notice shall be provided via email to your email address on record, which constitutes formal notice under this Agreement. There shall be no third party beneficiaries to this Agreement.

Last Updated: 4th October 2023