Terms of Service

Welcome to TributeWell. These Terms of Service ("Terms") govern your access to and use of the TributeWell website, platform, memorial and tribute services, and related features (collectively, the "Service"). The Service is operated by BillCore, LLC, a Minnesota limited liability company ("TributeWell," "we," "us," or "our"). By creating an account, purchasing a plan, creating or contributing to a tribute, or otherwise using the Service, you agree to these Terms. If you do not agree to these Terms, please do not use the Service.

1. About TributeWell

TributeWell is an online platform designed to help individuals, families, friends, and organizations create, share, and preserve tributes and memories.

Depending on the features available at the time, TributeWell may allow users to create online memorials, living tributes, celebrations of life, life stories, guestbooks, and other digital collections containing photographs, videos, messages, stories, and other content.

TributeWell is operated by BillCore, LLC, Minneapolis, Minnesota, USA. Email: info@tributewell.com.

2. Eligibility

You must be at least 18 years old to create an account, purchase a plan, or create a tribute on TributeWell.

By using the Service, you represent that:

• You are at least 18 years old;
• You have the legal capacity to enter into these Terms;
• The information you provide is accurate and complete; and
• You will use the Service in compliance with these Terms and applicable laws.

You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring through your account. You should notify us promptly if you believe your account has been accessed without authorization.

3. Creating and Managing Tributes

TributeWell allows account holders ("Tribute Owners") to create and manage online tributes. Depending on the features available, Tribute Owners may be able to:

• Invite family members, friends, or other contributors;
• Collect photographs, videos, messages, stories, and other memories;
• Manage contributor permissions;
• Moderate or remove contributed content;
• Select privacy settings;
• Share a tribute with others; and
• Download certain collected content.

The Tribute Owner is responsible for managing the tribute and for the content contributed by invited participants. Tribute Owners are responsible for ensuring that their use of the Service and the content associated with their tribute complies with these Terms and applicable law.

4. Your Content and Ownership

For purposes of these Terms, "Your Content" means photographs, videos, written messages, stories, recordings, documents, and other materials that you or your invited contributors submit, upload, transmit, or otherwise provide through the Service.

You retain ownership

You and your contributors retain ownership of Your Content. TributeWell does not claim ownership of Your Content and does not sell Your Content.

License to TributeWell

By submitting Your Content to TributeWell, you grant TributeWell a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display, and otherwise use Your Content solely as reasonably necessary to:

• Provide and operate the Service;
• Display your tribute to the people you authorize;
• Store and preserve your content;
• Create backups;
• Provide requested downloads or exports;
• Maintain, secure, troubleshoot, and improve the Service; and
• Comply with legal obligations.

This license ends when Your Content is deleted from the Service, except to the extent that copies must reasonably remain in backups or be retained to satisfy legal, security, fraud-prevention, or other legitimate business requirements. TributeWell does not sell Your Content.

You are responsible for ensuring that you have the necessary rights, permissions, and authority to upload or share Your Content.

5. Contributor Content

If you invite other people to contribute to a tribute, those contributors retain ownership of the content they submit. As the Tribute Owner, you are responsible for managing contributors and the content associated with your tribute.

By inviting someone to contribute, you acknowledge that the contributor may retain rights in the content they submit. TributeWell does not determine ownership disputes between users or contributors.

If you believe content on TributeWell infringes your rights or violates these Terms, please contact us at info@tributewell.com.

6. Privacy and Personal Information

Your use of TributeWell is also subject to our Privacy Policy, which explains how we collect, use, store, protect, and disclose personal information.

TributeWell may process personal information contained within Your Content in order to provide the Service. Because TributeWell may contain photographs, stories, names, family relationships, dates, life histories, and other personal information, we take the protection and appropriate handling of this information seriously.

You should not upload information that you do not have the right or authority to provide. Our Privacy Policy is incorporated into these Terms by reference.

7. Acceptable Use

You agree not to use TributeWell to:

• Upload or transmit unlawful content;
• Upload content that is abusive, threatening, harassing, defamatory, obscene, or otherwise unlawful;
• Infringe another person's intellectual property, privacy, publicity, or other rights;
• Impersonate another person or organization;
• Misrepresent your affiliation with another person or organization;
• Attempt to gain unauthorized access to TributeWell, another account, or our systems;
• Circumvent security measures;
• Introduce malware, viruses, malicious code, or other harmful material;
• Use the Service to distribute spam or unsolicited commercial communications;
• Interfere with or disrupt the Service;
• Scrape or collect information from the Service through automated means without our permission;
• Reverse engineer, decompile, or attempt to obtain the source code of the Service except where expressly permitted by applicable law;
• Use the Service for unlawful purposes; or
• Otherwise violate these Terms or applicable law.

We reserve the right to remove content, restrict access, suspend accounts, or terminate accounts that violate these Terms.

8. Plans, Pricing, and Billing

TributeWell may offer several types of plans, including:

• Free trials;
• Monthly subscriptions;
• Annual subscriptions; and
• Lifetime plans.

The plans, features, prices, and billing terms applicable to your purchase will be presented at the time you subscribe or purchase. TributeWell may change pricing or introduce, modify, or discontinue plans or features on a going-forward basis.

Changes to pricing will not retroactively change the amount already paid for a Lifetime plan or other completed purchase, except as otherwise expressly stated at the time of purchase.

Payments are processed through third-party payment processors. By making a purchase, you authorize the applicable payment processor to charge the payment method associated with your account. You are responsible for applicable taxes unless otherwise stated.

9. Free Trials

TributeWell may offer a free trial for certain services or plans. Unless otherwise stated at the time of registration, a free trial provides temporary access to designated TributeWell features for the period specified at registration.

TributeWell may limit or modify the availability of free trials and may restrict multiple free trials for the same person, account, payment method, or other identifying information.

10. Monthly and Annual Plans

Monthly and annual plans are subscription plans that renew according to the billing period disclosed at the time of purchase. Unless cancelled in accordance with the applicable cancellation procedure, the subscription may automatically renew at the then-current applicable price.

You may cancel a recurring subscription through the available account controls or by contacting TributeWell. Cancellation prevents future renewal but generally does not retroactively refund a completed billing period unless otherwise provided under our refund policy.

11. Lifetime Plans

A Lifetime Plan is a one-time purchase that provides ongoing access to the applicable TributeWell Service and Lifetime Plan features for the lifetime of the TributeWell service, subject to these Terms.

"Lifetime" does not mean a guaranteed period of time, the lifetime of the purchaser, or a legal guarantee that TributeWell will operate forever. TributeWell intends to operate as a long-term service and business and intends for Lifetime customers to have continuing access to the Service for as long as the TributeWell service remains operational.

TributeWell may modify features from time to time as technology, security requirements, business needs, or applicable laws change. We will make reasonable efforts to avoid materially reducing the core purpose of a Lifetime Plan.

Service discontinuation

No SaaS provider can reasonably guarantee that a service will exist indefinitely under every possible circumstance. If TributeWell permanently discontinues the Service, we will make reasonable efforts to:

• Provide advance notice to affected customers;
• Provide a reasonable opportunity for customers to access and download their content; and
• Provide reasonable instructions regarding data export or preservation.

These obligations are subject to circumstances beyond our reasonable control, including events such as catastrophic infrastructure failures, governmental action, insolvency, force majeure events, or other circumstances that make continued operation impracticable.

12. Data Preservation and Downloads

TributeWell provides tools allowing eligible customers to download certain content associated with their tribute. Depending on the features available, downloadable content may include:

• Photographs;
• Videos;
• Messages;
• Stories;
• Guestbook entries; and
• Other collected materials.

We strongly encourage Tribute Owners to maintain their own copies of important photographs, videos, messages, and other memories. TributeWell uses reasonable technical and operational measures intended to protect stored content, but no online storage system can guarantee that data will never be lost, corrupted, damaged, or become inaccessible.

TributeWell therefore does not represent or warrant that any particular piece of content will be preserved indefinitely without loss.

13. Deletion of Content and Accounts

You may request deletion of your account or tribute, subject to applicable technical and legal limitations. Before deleting a tribute, we strongly encourage you to download and preserve any content you wish to retain. Once content has been permanently deleted, it may not be recoverable.

Deleted content may remain temporarily in backup systems as part of ordinary backup, security, disaster-recovery, or business-continuity processes before being overwritten or securely deleted.

TributeWell may retain certain information where reasonably necessary to:

• Comply with legal obligations;
• Resolve disputes;
• Enforce agreements;
• Prevent fraud or abuse;
• Protect security; or
• Maintain legitimate business records.

14. Service Availability and Changes

We work to make TributeWell reliable and available, but we do not guarantee uninterrupted or error-free operation. The Service may occasionally be unavailable because of:

• Maintenance;
• Software updates;
• Infrastructure failures;
• Internet or telecommunications problems;
• Security incidents;
• Third-party service interruptions;
• Natural disasters;
• Government action; or
• Other circumstances beyond our reasonable control.

We may modify, improve, replace, suspend, or discontinue individual features of the Service. If we permanently discontinue a material portion of the Service, we will make reasonable efforts to provide appropriate notice where practical.

15. Business Continuity

TributeWell is intended to operate as a long-term business. We maintain reasonable business-continuity practices designed to support the continued operation of the Service and the protection and recovery of customer data.

However, no business can guarantee continued operation under every conceivable circumstance. Our business-continuity efforts do not create a guarantee that the Service will remain available indefinitely.

16. Customer Support

TributeWell is responsible for providing customer support relating to the TributeWell Service. This may include assistance with:

• Account access;
• Tribute creation;
• Tribute management;
• Payments and billing;
• Technical issues;
• Content management;
• Privacy settings; and
• Other reasonable questions concerning use of the Service.

Third-party partners, funeral homes, organizations, affiliates, or referral partners are not responsible for providing technical support for TributeWell unless separately agreed in writing.

17. Funeral Homes, Organizations, and Referral Partners

TributeWell may work with funeral homes, cremation providers, nonprofits, organizations, media companies, affiliates, and other partners. Partners may refer customers to TributeWell or provide TributeWell as a resource to their audiences.

A partner's recommendation or referral does not alter these Terms or create an employment, agency, joint venture, fiduciary, or other legal relationship between the partner and TributeWell unless expressly agreed in writing. Separate agreements may govern referral commissions, sponsorships, promotional arrangements, white-label services, or other partner relationships.

18. Referral Attribution and Partner Commissions

Where TributeWell operates an affiliate or referral program, eligibility for commissions is determined according to the applicable partner agreement and tracking system. Referral tracking may use cookies, referral parameters, account identifiers, or other technical mechanisms.

Unless otherwise agreed in writing, a referral attribution window may expire after a specified period. TributeWell is not responsible for attribution failures caused by factors outside its reasonable control, including deleted cookies, browser restrictions, device changes, ad blockers, privacy settings, or other technical limitations.

Refunded or reversed purchases may result in the corresponding referral commission being reversed or withheld. Partner commissions are governed by the applicable partner agreement and are not governed solely by these consumer Terms.

19. Intellectual Property

The TributeWell name, trademarks, logos, website, software, user interface, designs, graphics, text, source code, and other materials provided by TributeWell, excluding Your Content, are owned by or licensed to TributeWell and are protected by applicable intellectual property laws.

Except as expressly permitted by these Terms, you may not copy, modify, distribute, sell, lease, license, reverse engineer, or create derivative works from TributeWell's intellectual property. These Terms do not grant you any ownership interest in TributeWell's intellectual property.

20. Feedback

If you provide suggestions, ideas, comments, or feedback concerning TributeWell, you grant TributeWell the right to use that feedback without restriction or compensation to you, provided that such use does not disclose your confidential personal information.

21. Third-Party Services

TributeWell may rely on third-party services for functions such as:

• Payment processing;
• Hosting;
• Email delivery;
• Analytics;
• Cloud storage;
• Security;
• Authentication; and
• Other infrastructure or operational services.

Third-party services may have their own terms and privacy policies. TributeWell is not responsible for failures caused solely by third-party services, although we will make reasonable efforts to address issues affecting the Service.

22. Refunds and Cancellations

TributeWell's refund policy applies to purchases and subscriptions. Unless otherwise stated at the time of purchase, you may request a refund by contacting info@tributewell.com within the applicable refund period.

Because TributeWell involves the creation and storage of lasting digital tributes, refund eligibility may depend on the circumstances of the request and the extent to which the Service has been used. For recurring subscriptions, cancellation prevents future renewal but does not necessarily entitle the customer to a refund of a completed billing period.

TributeWell may provide refunds or credits at its discretion where appropriate. Any refund policy displayed at checkout or otherwise expressly communicated at the time of purchase will control if it differs from this general provision.

23. Account Suspension and Termination

We may suspend or terminate an account if we reasonably believe that:

• You violated these Terms;
• You engaged in unlawful activity;
• You threatened the security or integrity of the Service;
• Your use creates legal or security risks; or
• Suspension is reasonably necessary to protect TributeWell, its users, or others.

Where reasonably practical, we will provide notice and an opportunity to resolve the issue before termination, except where immediate action is necessary. Termination does not eliminate obligations that by their nature should survive termination.

24. Disclaimers

The Service is provided "as is" and "as available" to the maximum extent permitted by law. TributeWell disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that:

• The Service will always be available;
• The Service will be error-free;
• The Service will be completely secure;
• Content will never be lost or corrupted;
• The Service will meet every particular user requirement; or
• The Service will continue indefinitely.

We take reasonable measures to protect the Service and customer content, but no internet-based service can guarantee absolute security or permanent data preservation.

25. Limitation of Liability

To the maximum extent permitted by law, TributeWell, BillCore, LLC, and their owners, officers, employees, contractors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to your use of the Service.

This includes, without limitation, claims relating to loss of data, loss of content, loss of profits, loss of business opportunity, or interruption of service.

To the maximum extent permitted by law, TributeWell's total aggregate liability arising out of or relating to the Service will not exceed the greater of:

• The amount you paid to TributeWell for the Service during the twelve months preceding the event giving rise to the claim; or
• $100.

Nothing in these Terms limits liability that cannot legally be limited under applicable law.

26. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless TributeWell, BillCore, LLC, and their owners, officers, employees, contractors, and agents from claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to:

• Your violation of these Terms;
• Your misuse of the Service;
• Your Content;
• Your violation of another person's rights; or
• Your violation of applicable law.

27. Force Majeure

TributeWell will not be responsible for delay, interruption, or failure to perform caused by circumstances beyond our reasonable control. Such circumstances may include natural disasters, fire, flood, severe weather, war, terrorism, government action, internet or telecommunications failures, major infrastructure failures, cybersecurity incidents, utility failures, labor disruptions, pandemics or public-health emergencies, third-party service failures, or other events beyond our reasonable control.

28. Changes to These Terms

We may update these Terms from time to time. When we make changes, we will update the "Last updated" date. For material changes, we may provide additional notice when reasonably appropriate.

Your continued use of the Service after revised Terms become effective constitutes acceptance of the revised Terms, except where applicable law requires additional consent.

29. Governing Law

These Terms are governed by the laws of the State of Minnesota, USA, without regard to its conflict-of-law principles. To the extent permitted by law, disputes arising from or relating to these Terms or the Service will be subject to the jurisdiction of the state or federal courts located in Minnesota.

30. Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision will be modified or limited to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

31. No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future.

32. Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and TributeWell regarding your use of the Service and supersede prior agreements concerning the same subject matter.

Separate written agreements may govern specific relationships with affiliates, referral partners, funeral homes, organizations, sponsors, or other business partners.

33. Contact Us

If you have questions about these Terms or the TributeWell Service, please contact:

BillCore, LLC / TributeWell
Minneapolis, Minnesota, USA
Email: info@tributewell.com