Terms of Service

Please read the following important Terms of Service before you create an account with us, or subscribe to the Emortal Service.

About our Terms of Service:
These Terms of Service (“Terms”) reflect the way Emortal’s business works and our interpretation of existing laws such as they apply to our services and Duty of Care to all our Account Holders. They also set out our purpose, which guides everything we do. Our Terms cover the following;

• What you can expect from us, which describes how we provide and develop the Emortal Service and Emortal Platform;
• What we expect from you, which establishes certain rules for using the Emortal Service;
• Content, the intellectual property rights and moral rights of such content that you may encounter when using Emortal’s Service — whether that content belongs to you, Emortal, or others; and
• In the event of problems or disagreements, which describes other legal rights you have, and what to expect in case someone does not respect these Terms.

We’ve worked hard to ensure our Terms are easy to read and encourage you to take a moment to review them. Doing so will help you better appreciate the value of our service, why we’re different, and our commitment to memory preservation.

Equally, understanding our Terms is important because, to use our Service, you must accept these Term and doing so will create a binding agreement between you and us.

1. Service Provider

1.1 We are Emortal Limited, a company incorporated in England and Wales and registered at Companies House under company number 06160660, with a registered office at Chapmans Barn, Dunsden, Berkshire, RG4 9PP, UK. Our VAT number is 912294143. If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us when you created your account via the Emortal Service.

1.2 Support and contact – If you need to get in touch with us, you can use any of the following methods:

Our support pages support.emortal.com
Twitter @emortalise
Email Support@emortal.com
Post Appt 605, Metropolitan Wharf

70 Wapping Wall

London

E1W 3SS

 

2. The Emortal Service

2.1 We provide you with a subscription service that allows you to keep a family’s memories safe and accessible for generations to come. Our services are available over the internet via your computer or device. Each license available under your Subscription grants a right to access our digital legacy services, including all features and functionalities, our website available at www.emortal.com, our mobile and desktop applications and our software (together, the “Emortal Platform”) depending on your chosen subscription. The Emortal Platform, your Subscription and/or your License together being the “Emortal Service”.

2.2 These are the Terms on which we supply the Emortal Service to you. Please read these Terms together with our privacy policy carefully before you create an account with us, download and/or use any element of the Emortal Platform, or sign up for any subscription. In these Terms, ‘we’, ‘us’ or ‘our’ means Emortal Limited and ‘you’ or ‘your’ means the person subscribing to our services as a Subscriber, or creating and using the Emortal Service as an Account Holder (as defined at clause 3 below).

2.3 These Terms are only available in English. No other languages will apply to these Terms unless otherwise stated on our website.

2.4 If you create an account to use the Emortal Platform you agree to be legally bound by these Terms. If you do not agree to these Terms, then you must not use the Emortal Platform

2.5 Use of the Emortal Service is for personal and non-business use only. At this time, Emortal is exclusively a service for families and is not available to organisations such as businesses, non-profits, and schools.

2.6 When you subscribe to and use the Emortal Platform, you also agree to be legally bound by the following, which form part of these Terms, as if expressly written out here:

  • Any extra terms which may add to, or replace some of, these Terms from time to time. This may happen as we update the Emortal Service or if there are any changes to the law;
  • Our Privacy Policy available at emortal.com/privacy-policy; and

2.7 By using the Emortal Service you also agree to read, accept and be bound by the app store rules and any terms which apply to ‘External Services’. External Services means when the Emortal Service may enable you to access services and websites that we do not own or operate. We are not responsible for examining or evaluating the content or accuracy of these External Services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.

2.8 When we make material changes to these Terms, we will provide you with appropriate notice, either by displaying prominent notice on the Emortal Platform or by sending you an email. In some cases, we will notify you in advance, and you will be deemed to accept any changes by your continued use of the Emortal Service after such changes have been made.

2.9 In these Terms, we refer to the site that you download either our mobile or desktop applications from as the ‘app store’ and we refer to their rules and policies as the ‘app store rules’. You must comply with the app store rules as well as these Terms but, if there is any conflict between them, you should follow the app store rules rather than the equivalent rule here.

3. Subscriptions and accounts

3.1 If you have directly subscribed to the Emortal Service, you are the “Subscriber”

3.2 A subscription comprises 10 licenses. This means that a Subscriber can invite up to 9 additional family members to use the licenses associated with their subscription. The Subscriber and each additional family member with whom they share a license will individually be an “Account Holder”.

3.3 As a Subscriber or Account Holder, you are responsible for compliance with these Terms and our Privacy Policy, available at www.emortal.com/privacy-policy. When we refer to you in these Terms, we refer to both Subscribers and Account Holders unless specifically stated or the context requires otherwise.

3.4 You can find a description of our subscription plans on our website, and we will explain which subscription plans are available to you when you create an Emortal account.

3.5 We license you to download and use the mobile and desktop apps forming part of the Emortal Service onto any Apple-branded product, and to use it once you have downloaded it, provided you follow all of the rules described in these Terms and the app store rules/ onto any Android product, and to use it once you have downloaded it, provided you follow all of the rules described in these Terms and also the app store rules.

3.6 Subject to your compliance with these Terms, your account may be used on any number of computers or devices within your household.

3.7 The Emortal Service is not aimed at children users. The minimum age to manage your own Emortal account as an Account Holder is 13. The minimum age to subscribe to the Emortal Service is 18. If you’re under the age required to manage your own Emortal account, you must have your parent or legal guardian’s permission to use the Emortal Service. Please have your parent or legal guardian read these Terms with you. If you’re a parent or legal guardian and you allow your child to use the Emortal Service, then these Terms apply to you and you are responsible for your child’s activity on the Emortal Service.

3.8 If you’re legally incapacitated you may still be able to join a family group as an Account Holder at any time, subject to your legal guardian accepting these Terms and accepting responsibility for activity on your account, but you are not entitled to take out your own Emortal subscription.

3.9 The Emortal Service may be offered through a sponsored plan provided by a third party (a ‘Sponsored Plan’). Any fees for Sponsored Plans are determined by your sponsoring party, and you should refer to their terms for pricing information and details. You may be able to upgrade your Sponsored Plan through your sponsoring party or by selecting an upgrade option (where available) directly from Emortal, in which case, the payment and subscription terms here apply to your upgrade.

3.10 Emortal disclaims any warranty, condition or representation in respect of any third-party Sponsor Plans in any aspects, including, but not limited to, quality, accuracy, effectiveness, security, non-infringement of third-party rights and compliance with any applicable laws or regulations. These Terms will not affect your legal relationship with such third-party providers.

3.11 Your subscription and/or license and access to and use of the Emortal Service via your account is personal and exclusive to you and you are therefore not permitted to transfer it to any other third party unless in specific circumstances authorized by Emortal (see clause 17 below). Accordingly, no other person shall have any rights to enforce your subscription or these Terms.

3.12 Our services and the Emortal Service are currently only available to Subscribers and Account Holders in the United Kingdom and United States of America, and you may not subscribe to them or set up an account if you are resident elsewhere. As and when this changes, we will update you via our the Emortal Platform.

3.13 Although the Emortal Service is available for use by Account Holders in the United Kingdom and the United States of America (‘Home Country’), for purposes of establishing rights and liabilities under these Terms, the Subscriber’s Home Country shall be applicable, without prejudice to the applicable consumer statutory rights in any other country.

3.14 When you access the Emortal Service from anywhere in the world you must comply with local laws.

3.15 Our provision of the Emortal Service and subscription service is non-exclusive to you. This means we may supply the same or similar subscription services and the Emortal Service to other Account Holders.

3.16 Your subscription covers all elements of the Emortal Service provided by us, including all of our support resources (where available). It also covers updates to the Emortal Service, unless they come with separate terms, in which case we will give you an opportunity to review and accept the new terms.

3.17 We retain all intellectual property rights in and to the Emortal Service and the Emortal Platform. This means that you do not own any element of the Emortal Service or Emortal Platform or any of its contents supplied by us or by third parties or any External Services, but you may use it on devices that you own or control, as permitted by the app store rules and in accordance with these Terms.

3.18 If you sell or give away the device on which you have downloaded any element of the Emortal Service, you must first remove these from the device.

4. Your privacy and accounts

4.1. Only a Subscriber can invite people to join a family group by sharing a license with them and by sharing a license with an Account Holder they will be able to see how much storage each Account Holder is using.

4.3 You must ensure that you control access to and use of your account. You must also ensure you control any devices that are used to access the Emortal Service and ensure that you do not reveal your password or any payment details to anyone. You are solely responsible for any activity that occurs through your account.

4.4 We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the Emortal Service. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.

4.5 Any personal information that you provide to us will be dealt with in line with our Privacy Policy. Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

5. How to access our services

In this clause, we set out how a legally binding contract is made between us.

5.1 A legally binding contract can be made between us and you in your capacity as either a Subscriber or Account Holder.

5.2 To set up an Emortal account as a Subscriber, download the Emortal app and click to register a new family account. Upon entering your name and email address, you will be presented with links to these Terms of Service and to our privacy and cookie policies, and you must read and accept these documents before completing your subscription.

5.3 To complete your subscription, click on ‘Accept and continue’. We will acknowledge this by email, and will only accept your subscription request when you click on the ‘Verify email’ link within this email. Upon clicking this link a legally binding contract will be created between you and us and you will be invited to set a password and complete your account profile.

5.4 If you receive an invitation from a trusted family member to join a family group on Emortal via email or other message platforms, they will be an existing Emortal Subscriber offering you a license associated with their subscription, and your contract with us will be as an Account Holder. Clicking the link offers you the opportunity to accept the license by entering your name and email address. You will then be presented with links to these Terms and Conditions and to our privacy and cookie policies, and you must read and accept these documents before completing your account activation.

5.5 When you complete the joining process (e.g.: when you click on ‘accept and continue’), we will acknowledge this by email. We will only accept your request to use a license associated with a  subscription when you click on the ‘Verify Email’ link within this email. Upon clicking this link a legally binding contract will be created between you and us and you will be granted access to the subscription service that the Subscriber has signed up to, and you will be invited to set a password and complete your account profile.

5.6 We may occasionally offer different subscription options, including special offers or free trials. You should check the specific conditions of your subscription or any special promotions upon sign-up. You can find specific details regarding subscription options by visiting emortal.com.

5.7 We will supply the Emortal Service, and access to the Emortal Platform to you until your subscription expires or is terminated in accordance with these Terms.

6. Subscriptions, Billing and Payment

6.1 If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Emortal for access to a subscription (‘Code’), separate terms and conditions presented to you along with the Code may also apply to your access to the Emortal service and you agree to comply with any such terms.

6.2 You may purchase any of our fee-paying subscriptions directly from us or through a third party by paying a subscription fee in advance on a monthly basis.

6.3 We may change the price for our subscriptions, including any recurring subscription fees from time to time, and will communicate any price changes to you in advance and, if applicable, how you can accept those changes.

6.4 Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Emortal Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by cancelling your current subscription prior to the price change going into effect.

6.5 From time to time, we or others on our behalf may offer trials of subscriptions for a specified period without payment or at a reduced rate (a ‘Trial’). Emortal may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law. For some Trials, we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. If you do not want this charge, then you must cancel the applicable subscription before the end of the Trial.

6.6 Subject to clause 7 below, if you purchase a subscription, you authorize us to charge you automatically each month until you cancel in accordance with these Terms.

7. Updates to the Emortal Service

7.1 We may update the various elements of the Emortal Service from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do, we will ensure that the Emortal Service still meets the description of it that was provided to you at the time you downloaded the relevant element of the Emortal Service. If we make material changes that negatively impact your use of the Emortal Service or if we stop offering a feature, we will provide you with reasonable advance notice and an opportunity to export your content from your Emortal account; except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.

7.2 We maintain a rigorous transcoding, curation and fiduciary research programme, so before we change or stop offering a feature or implementing an update, we carefully consider your interests as an account holder, your reasonable expectations, and the potential impact on you and your family group. We only change or stop offering features for valid reasons, such as to improve performance or security, to comply with law, to prevent illegal activities or abuse, or to reflect technical developments.

7.3 Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the app store.

7.4 We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, different elements of the Emortal Service may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the different elements of the Emortal Service updated to the latest version that we make available.

8. Acceptable use

    8.1 To use the Emortal Platform your device needs to comply with the following minimum requirements:
Operating system iOS 13, Android 8
Space 22.5MB

 

    8.2 Every subscription comes with 100GB of storage space which is shared on an undivided basis by all Account Holders who have a license associated with the subscription.

8.3 You must not use the Emortal Service to do any of the following things:

  • break the law or encourage any unlawful activity;
  • send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
  • infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s content);
  • transmit any harmful software code such as viruses;
  • try to gain unauthorized access to computers, data, systems, accounts or networks;
  • deliberately disrupt the operation of anyone’s website, app, server or business;
  • change any element of the Emortal Service or Emortal Platform (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from the Emortal Service or Emortal Platform, including by inserting new code, either directly or through the use of another app or piece of software (except where any of this is allowed by law);
  • combine, use or merge the Emortal Service or Emortal Platform with or in any other computer program;
  • distribute or sell the Emortal Service or Emortal Platform to any third party;
  • deliberately attempt to avoid or manipulate any security features included in the Emortal Service or Emortal Platform; or
  • pretend that the Emortal Service or the Emortal Platform is your own or make it available for others to download or use (including by way of copying the code of any element of the Emortal Platform and creating an independent version).

8.4 Respect Others. The Emortal Service exists to help you and your family digitally protect, preserve and pass on your digital legacy across generations. We want to maintain a respectful environment for everyone, which means you must:

  • comply with applicable laws;
  • respect the rights of others, including privacy and intellectual property rights;
  • not abuse or harm others or yourself (or threaten or encourage such abuse or harm) — for example, by misleading, defrauding, defaming, bullying, harassing, or stalking others; and
  • not abuse, harm, interfere with, or disrupt the Emortal Service.

8.5 If you choose to give us feedback, such as suggestions to improve the Emortal Service, we may act on your feedback without obligation to you. You assign any and all intellectual property rights in such feedback to us without reservation which means that we may use and/or rely on such feedback to make changes such as improvements or to develop new functionalities or features to the Emortal Serivce and all such changes and all intellectual property rights in them will belong to us.

8.6 If you want to use our branding or logos, please see the ‘Press kit’ page at www.emortal.com.

8.7 If you find that others aren’t following these rules, we encourage you to report abuse. If we act on a report of abuse, we also provide a fair process as described in the ‘Taking action‘ clause below.

8.8 If any account holder is found to be in flagrant violation of any of these terms pertaining to Acceptable Use, we reserve the right, at our sole discretion, to suspend and/or cancel your subscription.

9. Your intellectual property rights

9.1 Permission to use content. The Emortal Service is designed to let you upload, store, organize, share and pass on your content. You have no obligation to provide any content to the Emortal Service and you’re free to choose the content that you want to provide. If you choose to upload or share content, please make sure you have the necessary rights to do so and that the content is lawful (for more information, please view clause 8 and our Privacy Policy).

9.2 Your content remains yours during your lifetime, which means that you retain all intellectual property and moral rights that you have in your content. This applies not only to content you upload to the Emortal Service, but also to comments you write.

9.3 Unlike other digital services, we will never ask you to waive intellectual property or moral rights associated with your content because it is private and we expect no authority to use or represent it beyond the sharing permissions you set. Without your express permission, Emortal has no rights to publish, publicly perform or publicly display your content. However, we do need your permission to make copies of content you upload to the Emortal Service as part of our family sharing and digital preservation functionality. These Terms grant a licence to provide that permission as set out at clause 9.5 below.

9.4 The scope of the licence you grant us. The licence in the content you upload that you hereby grant us is:

  • worldwide, which means it’s valid anywhere in the world;
  • non-exclusive, which means you can license your content to others in your family group and member-to-member connections you make beyond your family group; and
  • royalty-free, which means there are no fees for this licence.

9.5 The licence you grant us at clause 9.4 above allows us to:

  • host, reproduce, distribute and communicate your content in accordance with the permissions you set — for example, to save your content on our systems and make it accessible from anywhere you go;
  • modify, reproduce and make copies of your content, for the purposes of preservation;
  • sublicense these rights to: (a) other users to allow the services to work as designed, such as enabling you to share photos with people you choose; and (b) our contractors who have signed agreements with us that are consistent with these terms, only for the limited purposes described in clause 9.6 below.

9.6 This licence you grant us at clause 10.4 above is for the limited purpose of operating and improving the Emortal Service, which means allowing the Emortal Service to work as designed and creating new features and functionalities. This includes using automated systems and algorithms to analyse your content for illegal content and to recognize patterns in data, such as understanding how family groups manage their storage allowance. We only use automated systems to the extent that they can help us improve our service to you, and not so that we can share information with others. Please see our Privacy Policy for more details on this.

9.7 Duration of your intellectual property rights. It is important to understand that with some digital services, the intellectual property rights protecting the use of your content lapse upon confirmation of your death or incapacity. At such time, the service provider typically obtains full control of your content and all privacy is lost.

9.8 Emortal is different. By creating a fiduciary framework that uniquely allows the permissions you set in life to continue after your death, we ensure your digital legacy is protected, preserved and passed on to future generations exactly as you intended.

9.9 We need your permission to pass the intellectual property and moral rights for your content to your Digital Heirs upon receipt of a valid Death Certificate, or similar official document, and these terms grant a license to provide that permission.

9.10 You can change permissions to allow or revoke access to your content by your family group and other member-to-member connections you make at any time, and to revoke or re-instate your Digital Heirs.

10. Quality of our services and the Emortal platform

10.1 The Consumer Rights Act 2015 (U.K.) gives you certain legal rights (also known as ‘statutory rights’), for example, that the Emortal Service is of satisfactory quality, is fit for purpose and match the description provided to you.

10.2 We must provide you with the Emortal Service that complies with your legal rights. When we supply the Emortal Service, we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content. However, we do not promise that it is compatible with any third-party equipment except where we have said so on our website, and you acknowledge that there may be minor errors or bugs in it.

10.3 To avoid faults in the Emortal Service happening, you must install any fixes, updates, upgrades, new releases and new versions of all elements of the Emortal Service as soon as reasonably possible after we tell you that such updates are available and use it only on the recommended third party equipment set out on our website.

10.4 The quality of the display of our the Emortal Service may vary from one device to another, and may be affected by a variety of factors, including your location, your bandwidth and the speed of your internet connection.

10.5 This clause 10 is a summary of some of your key rights as a consumer in the United Kingdom. For detailed information from Citizens Advice, please visit www.citizensadvice.org.uk.

10.6. If you normally reside outside of the United Kingdom, please visit your local consumer rights provider for more information (where applicable or available).

11. Suspension and Termination

11.1 These Terms will continue to apply to you until suspended or terminated, in accordance with this clause 11. If these Terms or your subscription terminates, it will not affect our right to receive any money which you owe to us under these Terms.

11.2 We will take all commercially reasonable efforts to ensure that our services remain in operation but sometimes you may experience temporary interruptions. Reasons we may suspend your access to our services include to allow us to deal with technical problems or make minor technical change and to allow us to update the Emortal Platform, our services and content to reflect changes in relevant laws and regulatory or contractual and licensing requirements.

11.3 We may also terminate these Terms and your subscription, or suspend your access to the Emortal Service at any time, including in the event of your actual or suspected unauthorized use of the Emortal Service or failure to comply with these Terms. This includes when you or the subscriber in your family group do not pay for any subscription when you are supposed to. Before taking action, we’ll provide you with advance notice when reasonably possible, describe the reason for our action, and give you an opportunity to fix the problem, unless we reasonably believe that doing so would: (a) cause harm or liability to an Account Holder, third party, or Emortal; (b) violate the law or a legal enforcement authority’s order; (c) compromise an investigation; or (d) compromise the operation, integrity, or security of the Emortal Service.

11.4 Whilst we have no obligation to monitor content you submit to the Emortal service, if we reasonably believe or are notified by another Account Holder that any of your content (a) breaches these Terms, (b) violates applicable law, or c) could harm our Account Holders, third parties, or Emortal, then we reserve the right to remove some or all of that content in accordance with applicable law. Examples include child pornography, content that facilitates human trafficking or harassment, and content that infringes someone else’s intellectual property rights.

11.5 We may also suspend or terminate these Terms and your subscription if we withdraw the Emortal Service, provided that we give you reasonable notice before doing so. Notwithstanding the foregoing, if you have paid for a subscription and we permanently discontinue the Emortal Service (prior to the end of your paid-up subscription period), we will refund you the portion of any pre-paid subscription amounts after our services are permanently discontinued.

11.6 If we, or you, terminate these Terms, or we suspend your subscription or access to the Emortal Service, then, except as provided for in clause 11.5, you accept that we shall have no liability or responsibility to you, and that (to the extent permitted by law) we will not refund any amounts that you have already paid.

11.7 Where your statutory rights permit you to do so, you may terminate your subscription with us at any time. For more information on how to terminate your subscription, please contact us support.emortal.com. More details about your statutory rights can be found at clause 10.

12. Emortal Community

The Emortal Community is a place for discussions and exchange of information, tips, and other materials related to the Emortal Service. By using the Emortal Community you agree to the Community Terms.

13. Limit on our responsibility to you

13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you took out your subscription, both we and you knew it might happen, for example, if you discussed it with us.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or for fraud, breach of privacy laws or any other liability which the law states we cannot exclude or limit.

13.3 If defective digital content which we have supplied as part of your subscription to the Emortal Service damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. Furthermore, we are not responsible for the cost of repairing any pre-existing faults or damage to your device or in any of your pre-existing digital content.

13.4 We only supply the Emortal Service for domestic and private use. If you use the Emortal Service for commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. Things that are outside of our control

We are not responsible for disruptions outside our control. If your access to the Emortal Service is disrupted by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for disruptions caused by the event, but if there is a risk of substantial disruption you may contact us to end your subscription and receive a refund for any subscription you have paid for but not received access to.

15. Failures of networks or hardware

The Emortal Service relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the app store, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the Emortal Service due to a poor internet connection, faulty components in your device (such as a faulty camera), app store failure or anything else that it would not be reasonable to expect us to control.

16. Transferring these Terms of Service to someone else

16.1 We may transfer our rights under these Terms to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.

16.2 You are not allowed to transfer your rights under these Terms to anyone without our prior written consent. However, where an initial Subscriber dies or no longer wishes to maintain the subscription, then we will contact each of the Account Holders in the family group with a view to transferring the subscription to another Account Holder. In the event that an Account Holder accepts to become the new Subscriber, subject to our acceptance of the payment method of such Account Holder, these Terms will automatically transfer to the Account Holder who agrees to and accepts all rights and obligations under these Terms (including but not limited to payment obligations and family group invitations). For more details on this, please visit emortal.com

16.3 Please note that if we are unable to find an Account Holder willing to take on the role of Subscriber in the eventuality set out at clause 16.2 above, all content under the affected subscription shall be retained for a limited time and then permanently deleted from all accounts under the lapsed subscription in accordance with these Terms which may be updated and amended from time to time. Emortal accepts no liability in anyway whatsoever for the maintenance or hosting of content of lapsed subscriptions beyond the terms described here.

17. Taking Action

17.1 We will try to resolve any disputes with you quickly and efficiently. In the event of a dispute or if you are unhappy with the Emortal Service or any other matter related to your use of the Emortal Service or any other Account Holder, please contact us as soon as possible and we will try to resolve your matter swiftly using our internal complaint handling procedure.

17.2 For more detailed information on your rights and what you should expect from us, please contact us using the contact details at the top of this page or visit the Citizens Advice website: www.citizensadvice.org.uk, or your local consumer rights provider.

18.1 The laws of England and Wales apply to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

18.2 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK or country in which you live (where your consumer protection laws so provide).

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