Terms of Service Agreement

Memorial Information, Inc.

5265 University Parkway, Ste 101156, University Park, FL 34201

866-346-4326 | contracts@memorialinformation.com

Effective Date: June 1, 2025

Table of Contents

This Terms of Service Agreement ("Agreement") governs your use of the services provided by Memorial Information Inc. ("Memorial Information," "MI," "we," "us," or "our"), including the website, platform, software, MI Family Hub, mobile applications, trademarks, and all associated services (collectively, the "Services"). By accessing, registering for, or using the Services, you ("you," "your," "User," or "Customer") agree to be bound by this Agreement.

If you do not agree with any part of these Terms, do not use the Services.

1. Description of Services

Memorial Information is a software-as-a-service (SaaS) platform that enables Users—individuals and businesses—to upload, store, manage, organize, and selectively share personal, legal, and family documents, legacy content, multimedia graphics, and related data ("User Content"). Users may also create legacy-building tools, host memorial events, and communicate with designated friends, family members, and third parties. Memorial Information is an Internet service that allows our users to: communicate with us; access their records; request or reschedule appointments with friend and family; view and update personal information; request information and services; receive search results; read educational material; view statements; pay Memorial Information user fees; and access related services and content.

The platform provides a secure repository environment, comparable to a digital safety deposit box or electronic user data platform.

2. Eligibility

To use the Services, you must be at least 18 years of age or the age of majority in your jurisdiction. By registering an account, you affirm that you have the legal capacity to enter into this Agreement.

3. User Responsibilities

You are solely responsible for:

  • All content and data uploaded or inputted into your account;
  • The accuracy, integrity, and truthfulness of all User Content;
  • Any sharing, publishing, or dissemination of information from your account;
  • Managing permissions and access granted to others, including family, friends, or third parties.

You agree that Memorial Information acts only as a passive conduit and storage provider, not a publisher, validator, or overseer of your content or dissemination decisions.

4. Content Ownership and License

You retain ownership of all User Content uploaded to the platform. By uploading User Content, you grant Memorial Information a limited, non-exclusive, revocable license to host, store, and process such content solely for the purpose of providing the Services.

We do not access or view the contents of your documents. We store only the metadata or classification (e.g., "Will," "Insurance Policy," "Photo Album") of each document for indexing, customer experience, and system functionality purposes.

5. Data Privacy and Security

Memorial Information follows industry-standard security protocols including encryption, access controls, and monitoring to safeguard your data. The Memorial Information website uses encryption software. In order to use our Memorial Information Family Hub Portal, you must have:

  • a personal computer equipped with an Internet browser that has 128-bit encryption enabled and configured to accept cookies (e.g., Internet Explorer 7 or 8, Safari, or Firefox; Internet Explorer 6 may not allow you to view some materials, such as test results);
  • Internet access, a valid email account, software to receive and read email messages, and spam filters set to accept email from our domain.

While we use state-of-the-art security, no system can guard against risks of intentional intrusion or inadvertent disclosure of information. When using our Memorial Information Website, information may be transmitted over media that are beyond the control of the Memorial Information internal parties and their contractors and subcontractors and that may not be secure. For example, you may receive email, text, or telephone communications in connection with your use of Memorial Information Website, all of which are inherently unsecure and subject to disclosure to or access by third parties (e.g., if your phone is used by someone else, you do not keep your phone or email information up to date on Memorial Information Website and communications are misdirected, or the network or systems of a telecommunications provider are hacked).

Furthermore, electronic services such as those provided by the Memorial Information Company, their contractors and subcontractors, and any telecommunications providers involved in the transmission of data are all inherently subject to failure and none of the foregoing can guarantee that their services will be provided without error or interruption at all times that you may wish to use those services.

IMPORTANT SECURITY NOTICE:

YOU HEREBY EXPRESSLY ASSUME THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF ANY SERVICE RELATED TO THE MEMORIAL INFORMATION WEBSITE.

Once information is received by us, your user data will be treated as confidential and given the same protection that all of our other user data are given.

Security, Confidentiality, and Usage Guidelines for the Memorial Information Website

YOU MUST NOT SEND ANY MESSAGES REQUIRING URGENT ATTENTION USING MEMORIAL INFORMATION WEBSITE.

Doing so may create a delay in your receiving necessary immediate attention, especially medical attention, and could result in loss of life, permanent injury, or significant deterioration in your health or property. If you believe that you have an urgent medical matter, you should call 911 immediately or proceed to the nearest emergency room. If the matter is not urgent but you need a response in less than two business days, please contact your medical provider directly.

FOR ALL MEDICAL EMERGENCIES, IMMEDIATELY CALL 911

The MI Website is designed as a secure Internet-based environment through which you may receive confidential user data about yourself, your benefactor like a parent or guardian. When you initially enroll to use the Memorial Information Website, you will need to confirm your identity via two unique workflows, as well as establish an email and a confidential password for login credentials. Please DO NOT SHARE YOUR PASSWORD with anyone. Anyone with access to your password will be able to view your estate planning, medical, business, family lineage, confidential, and financial information and communicate with the Memorial Information team as if that person were you. Thus, when you give someone your password, you are authorizing that person to access your account, and you are responsible for all transactions that person performs while using your service. It is your responsibility to prevent disclosure of your password and to change your password if you feel that your security has been compromised. If you believe that your password has become known to an unauthorized person and want verification of any changes that may have been made to your account, please contact us for assistance. You can change your password in the MI Website at any time by clicking the "Security Settings" link under "My Profile."

You may request a Memorial Information Website account for yourself and/or for a directly heir, parent, guardian, or spouse. You may also request or access a Memorial Information Website account for a minor child whom you are the parent, guardian, or legal representative of only. These provisions do not apply to the addition of family members to a Memorial Information Family Legacy Tree. Associate users of the Memorial Information Family Legacy Tree are expected to be confined to be actual blood relatives and legally adopted family members. By accepting these terms and conditions, you certify that you are authorized to open or access the account you are requesting and that all information you have provided to us is true and correct to the best of your knowledge.

Once you have activated your Memorial Information Website account, the Memorial Information Website message and notification function and your registered e-mail will become the primary vehicle to receive important messages from your participating users and other personal user data.You MUST provide us with your email address when activating your Memorial Information account and keep your email address current via the My Profile link, to ensure that you receive notification of newly released information in a timely manner. You may continue to receive communications via text or other means from us at any point while using the platform.

We keep track of the pages our users visit within Memorial Information Website, in order to determine what services are the most popular. This data is used to deliver customized content within the Memorial Information Website to users whose behavior indicates that they are interested in a particular subject area.

We secure your personal information from unauthorized access, use or disclosure. The personally identifiable information you provide is maintained by us on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information is transmitted from your PC and/or mobile devices to the Memorial Information Website, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol. As a user of the Memorial Information Website you hereby agree that you (and not the Memorial Information Company) are solely liable for viruses, worms, Trojan horses, cancel bots, and other electronic mechanisms designed to destroy or impair the functioning of computer systems already residing on your PC and/or mobile device.

When you use the MI Website, we collect personally identifiable information, such as your email address, name, home address, telephone number, ZIP code, age, gender, contact preferences, access times, and account activity. This information is used by us for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Memorial Information Website. We may share data with business associates working on our behalf to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. We encourage you to review the Privacy Statement for further information regarding how your personal information may be used.

Cookies are used for system performance functionality. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the MI Website services.

How We Protect Your Personal Information

We consider the privacy of your information to be one of the most important elements in our relationship with you and one we take very seriously. By accessing or using the Memorial Information Website, you acknowledge that you have received and read a copy of our Notice of Privacy Practices and can be printed at your convenience.

We are committed to protecting the privacy of the information you send and receive through the MI Website and will only collect and use such information as permitted under the Memorial Information Website Privacy Statement, which can be found online within the Memorial Information Website. By using the Memorial Information Website, you also consent to all of the terms and conditions described in the Privacy Statement.

All communications between you and our Memorial Information team using the Memorial Information Website are carried over a secure, encrypted connection directly into our electronic user data. While you may receive email messages notifying you of new messages in your Memorial Information Website notification inbox, these emails will not contain any personal information. It is your responsibility to login to your Memorial Information Website account and read the messages promptly.

Your Responsibilities

Memorial Information is a communication service offered as a convenience to our users. We reserve the right to change the terms, conditions, and notices under which the Memorial Information Website is offered. By accessing or using the Memorial Information Website, you further agree that any and all such modifications are effective and binding upon you immediately upon posting of the modified version. We reserve the right in the future to charge a fee for the use of Memorial Information Website. You will be notified in advance of any such change and asked to confirm if you agree to the fee and wish to continue with the Memorial Information Website service.

You understand that by accepting the terms and conditions of this Agreement you are agreeing to receive your user balance statements delivered electronically to your Memorial Information Website account and/or e-mail on file.

You acknowledge that by entering your home and/or mobile telephone number into Memorial Information Website you are providing written consent for Memorial Information to send automated, prerecorded, or artificial voice telephone calls and/or text messages to all provided numbers. You may opt-out of receiving these calls at the time of the call or text.

You understand that the Memorial Information Website provides you with online access to some historical information about you. You are solely responsible for any sharing of Memorial Information Website content that you intentionally or unintentionally communicate to others.

Memorial Information Website Messaging

By using the Memorial Information Website, you acknowledge and agree that this messaging service is intended to facilitate dialogue regarding personal matters. You agree not to use Memorial Information Website to post or send or post any illicit or offensive material.

You understand that messages will be routed to the appropriate department as necessary for handling, and therefore our employees other than your relative or direct Memorial Information Partner Broker, Memorial Information Family Coordinator, Memorial Information Customer Service Representative may be involved in addressing your request. If your Memorial Information Partner Broker is out of the office or unavailable to respond, messages sent via the Memorial Information Website may be routed to other authorized customer service providers within our platform to facilitate a timely response to your request. Therefore, use of the Memorial Information Website may not be appropriate if there is sensitive information that you want to discuss directly with your family or intended Memorial Information Partner Broker or other Memorial Information provider.

You understand that your Memorial Information Customer Service team may send you messages, search results, and other communications via the Memorial Information Website as authorized in the sole discretion of our Memorial Information team. These messages may contain information important to your family, health, financials, and end-of-life care or the information pertaining to someone who has authorized you to received said information. It is your responsibility to monitor these messages. By entering your valid and functional email address at registration, you have enabled us to notify you of messages sent to your Memorial Information Website Notification Inbox.

Discontinuing Use of Memorial Information Website

You may discontinue your use of Memorial Information Website at any time by closing your account or defaulting on your annual subscription fee.

We reserve the right, in our sole discretion, to limit or discontinue your use of the Memorial Information Website at any time and for any reason, including, but not limited to, your use of the Memorial Information Website on behalf of another person.

Your Memorial Information Website service will be discontinued if you directly or indirectly yet knowingly or unknowingly participate in illegal, illicit, abuse of the system, fraudulent activity, or endangering platform security involving your account. Upon account closure, all documents and related data will be deleted or anonymized in accordance with applicable data retention laws.

You will be notified if your Memorial Information Website service is discontinued for any reason.

Your Personal Information

As we provide your secure storage of your important digital records, we are required to maintain an activity log with the designated time and type of digital record uploaded, but not the document itself. These designated types of documents include but are not limited to financial records, property records, medical records, passwords, estate planning documents, and more.

Memorial Information is an Internet application that enables a user to have secure web-based access to personal information, as released by the designated death certificate documents in combination with your Memorial Information Partner Brokers and allows secure electronic messaging with our participating Memorial Information Partner Brokers. By using the Memorial Information Website, you understand that not all of your user data with us will be accessible through your Memorial Information Website account. Posting of information to your Memorial Information Website account is at the sole discretion of the owner of the information.

Messages you send or receive via the Memorial Information Website may become part of your permanent user data record at the sole discretion of the creator of the message. If such messages are made part of your permanent user data, they will be accessible to our current and future users of your account and users who are involved with your account or benefactor's account.

All of our electronic user data are subject to state and federal regulations governing the security and confidentiality of user data.

Despite these protections, you acknowledge and accept that no system is completely immune to unauthorized access, interception, or breach.

By using the Services, you agree:

  • You are uploading data at your own risk, despite reasonable security protocols in place.
  • Memorial Information is not liable for any full, partial, or attempted breaches or data loss events, whether due to cyberattack, hardware failure, user error, or third-party actions.
  • Memorial Information does not serve as a legal custodian or fiduciary of your user content and Memorial Information is NOT to be misconstrued as or interpreted to be a law firm, lawyer, provider of legal advice, estate planner, government organization, bank, financial institution, appraiser, actuary, estate assessor, or other legal entity for legally securing or government depositor.

6. User Accounts

The individual who establishes a Memorial Information ("MI") account (the "Account Owner") shall be deemed the primary benefactor and shall have the exclusive authority to designate Heirs, Beneficiaries, and invited contacts ("Friends") who may access or engage with the account in accordance with the permissions granted by the Account Owner.

I. Accuracy of Information

All users of the platform, including but not limited to the Account Owner, Heirs, and Beneficiaries, represent and warrant that all information provided during the registration process and throughout the duration of the account is accurate, complete, and current. Users further affirm that any information, documentation, images, media, calculations, or other materials uploaded or submitted through the platform are lawfully owned or controlled by the User, the Account Owner, or the designated Heirs, and do not infringe upon or misrepresent the rights, identity, or property of any third party.

II. Disclaimer of Liability for User Content

Memorial Information shall not be held liable for the authenticity, accuracy, legality, or ownership of any data, documents, materials, or media uploaded by Users. MI serves solely as a digital repository and does not assume any responsibility for the security of account content where access has been shared by the User with others, including but not limited to the provision of login credentials, security questions, multi-factor authentication, or any other means of access.

III. Ownership and License of User Content

Users retain all ownership rights in and to the content they submit to the platform. However, by publishing content to any public-facing portion of the platform, Users grant Memorial Information a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, display, and distribute such content for marketing, public relations, print, web, and social media purposes.

IV. Confidential Content and Access Control

Memorial Information does not sell, distribute, or otherwise disseminate private or sensitive materials including personal documents, wills, or financial information uploaded to a User's account. MI employees, contractors, vendors, or affiliates—including executives, developers, and brokers—do not have Memorial Information granted access ability to access, view, edit, print, or copy confidential materials protected by account-level security controls. Upon account deactivation or termination, all such confidential content will be permanently deleted without being accessed, duplicated, or shared.

V. Subscription Plans and Service Features

a. Memorial Information Legacy Builder Subscription Plan

Provides access to the Owner & Heirs Studio with essential platform functionality, limited access to the Friends & Family Celebration of Life page, and a single Memorial Information Family Legacy Tree Studio.

b. Memorial Information Family Transition Subscription Plan

Includes full access to both the Owner & Heirs Studio and the Friends & Family Studio, access to Memorial Information Partner vendors, and support from an MI Family Coordinator. This plan also includes five (5) user accounts for collaboration within the Family Legacy Tree and access to Vendor resources.

c. Memorial Information Family Legacy Plus Subscription Plan

Provides comprehensive access to the Owner & Heirs Studio, Friends & Family Studio, Vendor resources, and Memorial Information Property Disposition Marketplaces. Also includes support from a Memorial Information Property Disposition Specialist (MIPDS), who will curate photographs of property submitted by authorized Heirs for the purpose of sale or donation. This plan also includes five (5) user accounts for collaboration within the Family Legacy Tree and access to Vendor resources. Also, users have access to the MI Family Contribution Corner for financial donation transactions as well as the Legacy Document Builder Assistance programs.

d. Memorial Information Family Legacy Tree Builder Custodian Subscription Plan

Provides family members with a Family Legacy Tree (FLT) Studio that allows collaborative family efforts to build individual Family Legacy pages and digitally link those individual Family Legacy pages based upon family reported person-to-person family relationships. This FLT Studio is supported and managed by at least 1 user and annually maintained by at least 4 Custodians who are living family members who contribute to the FLT and are responsible for the annual subscription fee based upon the number of entries on the FLT.

VI. Property Disposition Requirements

Eligible property items must be accessible, presentable, in working condition, and valued at a minimum of $100 per item. The Family Legacy Plus plan permits curation of up to 50 such items. Users seeking full estate sale support—including photo collection, three (3) online estate sales or garage sales, management, negotiation, and payment collection— on our MI Website Marketplace may contract for MI's Full Estate Sale Package for a 20% commission on gross sales, subject to a minimum total property value of $25,000.

VII. No Guarantee of Sale

Memorial Information does not warrant or guarantee the sale or disposition of any property. Reasonable efforts will be made to assist with marketing and negotiations on behalf of the Heirs, but no outcomes are assured nor guaranteed.

VIII. Donation Support

Should the Account Owner or Heirs elect to donate property, Memorial Information may connect Users with MI Vendors to facilitate pick-up. All logistics and associated costs for transportation, handling, or disposal of donated property shall be the sole responsibility of the User. Likewise, in the event Owners, Heirs, Family members, Friends of the Family, organization, or business offers or actually donates to a family by providing a financial contribution or purchase of a product or a service in association with the MI Owner or other user accounts associated with the MI Owner, all funds collected through the Memorial Information Contribution Corner and will be subject to a 3% MI processing fee with the remaining proceeds going directly to the MI Vendor or MI Heirs as designated by the donor of the funds.

IX. Real Estate and High-Value Assets

Real property, including homes, timeshares, rental properties, and other investments, is excluded from the MI Family Legacy Plus plan. Users may request services through MI's Real Estate Disposition Team for assets valued over $50,000.

X. Third-Party Vendor Disclaimer

Memorial Information does not guarantee the performance, suitability, or quality of services or products offered by any MI Vendor. Vendors operate independently and are merely suggested providers. Users are under no obligation to use them and may engage any vendor of their choosing at their sole risk.

XI. Subscription Terms

All services are offered on an annual subscription basis. By subscribing, Users agree to pay an annual fee as set forth at the time of enrollment. The initial subscription fee is due one year after account activation. Subscriptions automatically renew for additional one-year terms unless canceled prior to the renewal date. Subscription fees may be paid by the Account Owner, Heir, Family, an MI Partner Broker, Employer, Organization, Estate, or other entities. Users agree to receive communications regarding billing, upgrades, and services via email and text, subject to opt-out as well as other billing, upgrade, and other marketing material while using the MI Website or via e-mail, text, social media, or other advertising outlets.

XII. Payment, Refunds, and Cancellations

Accepted payment methods will be provided at the time of subscription. Failure to remit payment may result in suspension or termination of service. Users may cancel at any time; however, no refunds shall be issued for unused portions of the subscription after the initial 3-day refund window. To obtain a full refund, cancellation must occur within three (3) days of subscription start by submitting a written request to cancelsubscription@memorialinformation.com containing the Account Owner's full legal name, email address, date of birth, and name of the MI Partner Broker who facilitated the account sale to the MI Account Owner.

XIII. Intellectual Property

All materials, content, and services provided by Memorial Information remain the sole intellectual property of Memorial Information and are protected under applicable copyright, trademark, and other intellectual property laws.

XIV. MI Contact for Contract Questions

For questions regarding these Terms of Service, Users may contact Memorial Information via email at: contracts@memorialinformation.com.

7. Hold Harmless Provisions

You agree to indemnify and hold Memorial Information, its officers, directors, employees, affiliates, contractors, licensors, and partners harmless from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or relating to:

  • Misrepresentation of User Content;
  • Unauthorized dissemination of User Content by you or parties you authorized;
  • Any breaches, attempted breaches, or security vulnerabilities, even if caused by third parties;
  • Errors or omissions in your uploaded materials or your failure to comply with any legal requirement or directives of a will or trust or estate plan;
  • Any decisions, designations, or instructions you make regarding whom or how your information or that of the benefactor is shared, executed, directed, or inherited.

8. Third-Party Advertisements and Data Sharing

Memorial Information does not share your documents or their contents with third parties unless you give explicit authorization to do so. You may see advertisements or suggestions from Memorial Information Partners or Vendors on the platform based on your user profile, but your contact information or data is never sold or shared without your opt-in.

We may offer opportunities for users to opt in to connect with service providers (e.g., estate planners, attorneys, genealogists) who may benefit your legacy planning. Memorial Information will only initiate data transfer or introductions with your consent .

9. Data Collection and Usage

By using our Services, you consent to Memorial Information collecting and storing the following to enhance functionality and personalization:

  • Document metadata (type, upload timestamp)
  • User profiles, preferences, and relationships
  • System behavior and feature usage
  • Event creation and interaction history
  • Purchase behavior and product engagement

This data is used to enhance user experience, build tailored legacy tools, and inform feature development. See our Privacy Policy for additional information.

10. Account Security

You are responsible for maintaining the confidentiality of your login credentials and account information. You agree to notify us immediately of any unauthorized use of your account or security breach.

11. Service Availability and Modifications

We may update or modify the Services periodically to improve functionality, security, or user experience. While we strive for 99.9% uptime, we do not guarantee uninterrupted access to the Services.

13. Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to fitness for a particular purpose, non-infringement, or accuracy.

Memorial Information makes no warranties regarding:

  • Continuous availability or error-free access;
  • Suitability of Services for any specific personal or legal use;
  • Legal validity or enforceability of documents stored or shared via the platform.

14. Limitation of Liability

To the fullest extent permitted by law, in no event shall Memorial Information be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of business opportunities, reputational harm, or emotional distress arising out of or in connection with the Memorial Information Website Services—even if we were advised of the possibility of such damages.

  • Some of the material and functions on the Memorial Information Website are provided by third parties, and the Memorial Information Company shall not be held responsible for any such third-party material. The Memorial Information Company disclaim any responsibility for, or liability related to, such third-party material. Any questions, complaints, or claims related to any product should be directed to the appropriate third party not to the Memorial Information Company.
  • None of the Memorial Information Company Associates or any of their contractors or subcontractors shall be liable for any loss, injury, illness, damages, or claims of any kind resulting from your failure to timely read messages you may receive through the Memorial Information Website.
  • If you have any basis for recovering damages from the Memorial Information Company or its affiliates or vendors for person use or business use, you can only recover direct damages up to $10. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental, or punitive damages.
  • Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential, or other damages. In such case, you agree to the terms of this contract regarding arbitration and compliance with the total liability shall not exceed the fees you paid, if any, during the 12 months prior to the event giving rise to the claim.

15. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes shall be resolved through confidential arbitration in the Jurisdiction of Sarasota County, and not through class action or jury trial.

16. Amendments and Updates

We reserve the right to modify these Terms at any time. Changes will become effective upon posting to the website. Your continued use of the Services after such updates constitutes your acceptance.

17. Contact Information

For questions regarding this Agreement or our Services, please contact:

Memorial Information Inc.

5265 University Parkway, Ste 101156

University Park, FL 34201

Email: contracts@memorialinformation.com

Phone: (866) 346-4326