Terms of Service

Who we are and how to contact us

Eligibility and account registration

• You must be at least 18 years of age (or the age of majority in your jurisdiction) and able to enter into a binding agreement under applicable law.
• If you are using the Services for a business, you represent you have authority to bind that business.
• You are responsible for maintaining the confidentiality of credentials and for all activity under your account.
• You agree to provide accurate, current, and complete information and to keep it updated.

What we provide

Mortem AI provides AI-powered communication, automation, and marketing tools for funeral homes, cremation service providers, and related businesses, including website chat, SMS and email messaging workflows, lead capture, calendar booking, and related integrations.

Mortem AI is not a funeral home, cremation provider, mortuary, healthcare provider, or HIPAA covered entity, and does not hold itself out as such. Mortem AI does not provide legal, medical, financial, regulatory compliance, or other professional advice.

Your use of the Services does not create an attorney-client, fiduciary, healthcare, or professional-services relationship between you and Mortem AI.

AI output and responsibility

The Services include automated AI components (including our "Sarah" AI assistant) that generate responses and content ("Output") using large language model technology. Output is probabilistic in nature and may contain inaccuracies, omissions, hallucinations, or content that does not fully reflect your intended messaging.

No authority to bind

• The Services do not have authority to bind you contractually.
• The Services do not have authority to make final pricing or discount commitments on your behalf.
• The Services do not have authority to accept cremation authorisation, which requires written next-of-kin authorisation under applicable law.
• The Services do not have authority to enter into agreements on your behalf.

Human oversight required

You are solely responsible for reviewing, verifying, and approving Output before relying on it or communicating it to end users, including families and other consumers. You shall maintain human oversight of AI interactions and shall not rely solely on the Services for:

• Pricing commitments or financial obligations;
• Legal, regulatory, or compliance matters;
• Immediate-need situations requiring urgent human response;
• Acceptance of cremation authorisation or pre-need contracts (which are licensed and regulated transactions);
• Matters requiring professional judgment, emotional sensitivity, or licensed funeral director discretion.

Output risk allocation

As between you and Mortem AI, Output is deemed your content for purposes of risk allocation under these Terms. Third-party claims (including claims by end users) based on or arising from Output are your responsibility, except to the extent such claims arise directly from Mortem AI's gross negligence or wilful misconduct.

No performance guarantee

Mortem AI does not warrant or guarantee that use of the Services will result in any particular business outcome, including any increase in inquiries, leads, bookings, memberships, conversion rates, revenue, search rankings, customer satisfaction, or any other metric.

Sensitive context disclaimer

You acknowledge that end users may engage with the Services during periods of grief, distress, or emotional vulnerability. Output may lack human emotional nuance and may be perceived as insensitive, even where technically accurate. The Services are not designed for emergency response, crisis counselling, or mental health support, and you shall not represent the Services as such.

AI transparency and automated decision-making

In accordance with California Business and Professions Code Section 17941 (SB 1001), Quebec Law 25 (Act respecting the protection of personal information in the private sector, as amended), and similar transparency obligations, our AI assistant Sarah identifies itself as an automated AI assistant at the start of every interaction. End users may at any time request to speak with a human team member.

The Services include automated decision-making components in the form of AI-generated responses. Where applicable law grants individuals the right to be informed of automated decision-making and to request human intervention, such requests may be directed to [email protected].

You agree to include appropriate AI disclosures in your website privacy policy and terms of use, consistent with applicable laws.

No training on Client Data

Mortem AI does not, and shall not permit any third party (including any large language model provider) to, use Client Data to train, fine-tune, retrain, or otherwise develop or improve any artificial intelligence model, foundation model, or machine learning system. Our current production large language model provider is OpenAI, which has contractually committed (in its API terms applicable to commercial API customers) not to use API inputs or outputs to train its models.

This prohibition does not apply to:

• Configuration of the Services specifically for your deployment, including embedding Client Data in retrieval-augmented generation context windows on a per-conversation basis;
• Generation of aggregated, anonymised, and de-identified statistical data that cannot reasonably be used to identify you or any individual;
• Mortem AI's internal evaluation, testing, and quality assurance of the Services using Mortem AI-owned or specifically licensed evaluation data that does not include Client Data in any form.

Sensitive and prohibited data

You shall not (and shall not permit end users to) submit to the Services:

• Social Security numbers, Social Insurance Numbers, or equivalent government identification numbers;
• Financial account numbers or payment card data;
• Protected Health Information ("PHI") as defined under HIPAA;
• Cause-of-death information, medical history, or any other category of health information;
• Other categories of sensitive personal information unless expressly authorised in writing by Mortem AI.

The Services are not designed for processing PHI and must not be used to create, receive, maintain, transmit, or otherwise process PHI unless Mortem AI has signed a Business Associate Agreement with you.

Fees, billing, and installations

Fees, billing frequency, and plan details are presented at checkout, in an applicable Order Form, or in a signed Master Service Agreement. All fees are stated and payable in United States Dollars (USD) unless otherwise specified.

Installation model

The Services are sold on a per-Installation basis. An "Installation" is a single Sarah AI deployment on a single Client website, regardless of the number of Locations served by that deployment. A "Location" is a physical funeral home, cremation, or memorial service business location served by the Services.

• Single Installation, multiple Locations. Where multiple Locations are served by the same Sarah deployment on a single website, additional Locations beyond the first are subject to a Per Additional Location Fee of two hundred United States Dollars ($200 USD) per Location per month.
• Multiple Installations across multiple websites. Where Client operates multiple websites each requiring a separate Sarah deployment, each Installation is governed by its own Order Form, with its own Setup Fee and Monthly Service Fee. Mortem AI may, in its discretion, offer a multi-site volume discount agreed in the applicable Order Form(s).

Setup fees

Setup fees (if applicable) compensate Mortem AI for onboarding, configuration, training, and deployment activities for each Installation. The Setup Fee is non-refundable except to the extent any delay in commencement of Services is solely attributable to Mortem AI.

Subscriptions and monthly service fees

• Monthly Service Fees and any Per Additional Location Fees are billed in advance on a recurring basis until cancelled.
• You may cancel at any time on the terms set forth in your signed agreement (typically thirty (30) days written notice). Cancellation prevents future billing but does not refund prior charges for the current billing period.
• Where Client maintains multiple Installations under separate Order Forms, termination of one Installation does not terminate any other Installation unless the parties expressly so agree.
• If payment fails, we may retry charges and may suspend access for non-payment after written notice.
• Late payments accrue interest at one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less.

Fee adjustments

Mortem AI may adjust the Monthly Service Fee and Per Additional Location Fee with sixty (60) days written notice. If you do not agree to the revised fee, you may terminate before the revised fee takes effect. Third-party pass-through costs (Twilio usage fees, A2P 10DLC registration, carrier surcharges, and similar) are not subject to this provision and may change based on third-party pricing.

If you have a signed Master Service Agreement or Customer Service Agreement, the billing terms in that agreement control for that customer relationship.

Client data, logs, and privacy

Our Privacy Policy explains how we collect, use, and disclose personal information. Where Mortem AI processes personal information on behalf of a customer (for example, chat transcripts and lead messages on a funeral home website), the customer remains the controller and Mortem AI acts as a service provider or processor.

Operational logs and retention

Mortem AI retains personal information only as long as necessary to provide the Services and for legitimate business or legal purposes. The following retention periods apply unless otherwise required by law or agreed in writing:

• Conversation transcripts: 24 months from creation;
• Application logs: 90 days from creation;
• Security and audit logs: 12 months from creation;
• Backup data: 7 days for daily backups, with longer-period backups deleted on a rolling schedule;
• Aggregated, anonymised, de-identified statistical data: indefinitely.

Data Processing Agreement

For customers with a signed Master Service Agreement, the Data Processing Agreement is incorporated as Schedule E of that agreement. For other users requiring a standalone DPA, contact [email protected].

Sub-processors

A current list of sub-processors used to deliver the Services, including processing locations, is maintained at mortemai.com/legal/subprocessors.

Acceptable use

You agree not to misuse the Services. You must not:

• Use the Services for any unlawful, fraudulent, deceptive, or abusive activity.
• Attempt to probe, scan, or test vulnerabilities, bypass access controls, or interfere with security measures (security researchers acting in good faith may submit reports to [email protected] under our vulnerability disclosure programme).
• Upload or transmit malware, viruses, or harmful code.
• Reverse engineer, decompile, or attempt to extract source code, models, prompts, or system design, except to the extent expressly permitted by applicable law.
• Use the Services to scrape personal data unlawfully or to violate privacy rights.
• Use the Services to send spam or unsolicited communications in violation of TCPA, CAN-SPAM, CASL, or other applicable laws.
• Use the Services in violation of any applicable funeral, cremation, or pre-need regulatory framework, including state and provincial funeral regulator licensing rules, cremation authorisation requirements, and pre-need contract regulations.
• Misrepresent the Services as a human service or fail to maintain required AI disclosure to end users.
• Use the Services to provide professional services (legal, medical, financial, regulatory) that you are not licensed to provide.

Mortem AI may investigate suspected violations and may suspend or terminate access as described below.

Third-party services

The Services integrate with and depend on third-party platforms, including hosting providers, AI model providers, CRM and messaging platforms, and analytics tools. Third-party services are not controlled by Mortem AI and may have their own terms and policies. The current list of sub-processors is available at mortemai.com/legal/subprocessors.

Downtime, errors, or changes in third-party services may affect the Services. Mortem AI is not responsible for third-party services beyond what is required by applicable law or expressly stated in a signed agreement.

Intellectual property

Mortem AI retains all right, title, and interest in and to the Services, the platform, and all related intellectual property, including software, algorithms, models, designs, configurations, workflows, templates, methodologies, tools, processes, and documentation. Except as expressly permitted, you may not copy, modify, distribute, sell, lease, or create derivative works from the Services.

You retain all right, title, and interest in content and data you provide to the Services ("Client Data"), including your trademarks, trade names, branding, customer records, and contact lists. You grant Mortem AI a limited, non-exclusive, royalty-free licence to use Client Data solely for the purpose of providing the Services during the term of your use.

If you provide any suggestions, ideas, or feedback regarding the Services, Mortem AI shall have a perpetual, irrevocable, worldwide, royalty-free licence to use such feedback for any purpose without obligation to you, provided that no Client confidential information is disclosed.

Confidentiality

Each party shall hold the other party's non-public information (including pricing, configurations, technical details, business plans, and documentation) in strict confidence and shall not disclose it to any third party except to employees, contractors, and advisors with a need to know and bound by confidentiality obligations at least as protective as those in these Terms.

Information related to deceased individuals, bereaved families, and funeral arrangements is confidential information of the highest sensitivity and shall be treated with corresponding care, including limited access on a need-to-know basis and prompt destruction or return on termination.

Suspension and termination

Mortem AI may suspend access to the Services upon written notice if:

• Payment is overdue or fails after written notice;
• Your use violates these Terms, applicable law, or creates a security risk;
• Your use materially harms, interferes with, or degrades the Services or other users.

Mortem AI may terminate immediately for material breach uncured within fifteen (15) days of written notice, for repeated material breach of the same type, or for fraud or wilful misconduct. You may cancel at any time on the terms set forth in your signed agreement or, in the absence of a signed agreement, in accordance with the Subscriptions section above.

Data export and deletion

Upon termination, you have sixty (60) days to request export of Client Data in commonly used electronic formats (CSV, JSON, or other formats reasonably requested by you). Mortem AI provides reasonable export assistance at no charge during this period.

Following the export period (or, if no export is requested, following expiration of the 60-day period), Mortem AI securely deletes Client Data from active systems within thirty (30) days and certifies deletion in writing upon request, subject to legal retention obligations.

Disclaimers

EXCEPT AS EXPRESSLY SET FORTH IN A SIGNED AGREEMENT, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MORTEM AI DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

MORTEM AI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED. THE AI SERVICES MAY PRODUCE INACCURATE, INCOMPLETE, OR INAPPROPRIATE OUTPUTS, AND YOU ARE SOLELY RESPONSIBLE FOR EVALUATING OUTPUT BEFORE RELYING UPON OR COMMUNICATING IT TO ANY END USER.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MORTEM AI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, REPUTATIONAL HARM, EMOTIONAL DISTRESS, OR LOSS OF BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MORTEM AI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO MORTEM AI DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Carve-outs

The limitations above do not apply to:

• Your payment obligations;
• Either party's indemnification obligations;
• Either party's breach of confidentiality obligations (capped at twenty-four (24) months of fees paid in the preceding period);
• Mortem AI's obligations relating to a confirmed Security Incident affecting Client Data (capped at twenty-four (24) months of fees paid in the preceding period);
• Mortem AI's gross negligence or wilful misconduct;
• Liability that cannot be limited or excluded by applicable law.

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, our liability will be limited to the fullest extent permitted by law.

Indemnification

By Mortem AI

Mortem AI shall indemnify, defend, and hold harmless you and your officers, directors, employees, and agents from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Mortem AI's infringement of any third-party intellectual property rights through the unmodified Services (excluding infringement caused by Client Data or your modification or misuse of the Services);
• Mortem AI's gross negligence or wilful misconduct in performing the Services;
• Mortem AI's material breach of its data protection obligations.

By you

You shall indemnify, defend, and hold harmless Mortem AI and its officers, directors, employees, and agents from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Client Data, including any claim that Client Data infringes any third-party rights;
• Your use of the Services in violation of these Terms or applicable law;
• Your failure to maintain adequate human oversight of AI Output or required AI transparency to end users;
• Your use of AI-generated Output without appropriate human review;
• Your failure to obtain required consents under TCPA, CAN-SPAM, CASL, or other applicable laws;
• Your violation of applicable funeral, cremation, or pre-need regulatory frameworks;
• Your breach of Twilio's Acceptable Use Policy or Messaging Policy attributable to your content or contact lists;
• Any claim by an end user relating to your products, services, or use of the Services.

Procedure

The indemnifying party's obligations are conditioned on the indemnified party providing prompt written notice of the claim, granting the indemnifying party sole control of the defence and settlement (subject to consent for any settlement imposing liability on the indemnified party), and providing reasonable cooperation at the indemnifying party's expense.

Insurance

Mortem AI maintains the following insurance coverages with carriers rated A- or better by A.M. Best:

• Technology Errors and Omissions liability, including coverage for AI-generated content, algorithmic errors, and third-party large language model provider failures;
• Cyber Liability, including coverage for data breach response, regulatory defence costs, and notification expenses;
• Commercial General Liability.

Certificates of insurance are available upon written request to [email protected].

Export and sanctions compliance

The Services are subject to United States export control and sanctions laws and regulations. You may not access, use, export, re-export, release, or transfer the Services in violation of applicable export laws, including sanctions administered by the U.S. Treasury Department's Office of Foreign Assets Control (OFAC).

You represent and warrant that you are not:

• Located in, under the control of, or a national or resident of any country or territory subject to U.S. trade sanctions or embargo;
• Listed on any U.S. government restricted parties list (including the OFAC Specially Designated Nationals list);
• Using the Services for prohibited end uses, including development of weapons of mass destruction.

Governing law and dispute resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Good-faith negotiation and mediation

Any dispute arising out of or relating to these Terms or the Services shall first be referred to senior representatives of the parties for good-faith negotiation for a period of thirty (30) days. If unresolved, the parties shall attempt mediation through a mutually agreed mediator within an additional thirty (30) days, with costs shared equally.

Binding arbitration

If the dispute is not resolved through negotiation or mediation, the dispute shall be finally settled by binding arbitration:

• For users principally based in the United States: arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, with the seat of arbitration in Wilmington, Delaware.
• For users principally based in Canada: arbitration administered by the International Centre for Dispute Resolution ("ICDR") under its Canadian Arbitration Rules, with the seat of arbitration in Calgary, Alberta (or such other Canadian city as the parties may agree).

In each case, a single arbitrator shall be appointed in accordance with the applicable rules, and the language of arbitration shall be English. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

Carve-outs

Notwithstanding the above, either party may seek injunctive or other equitable relief from any court of competent jurisdiction for breach of the Confidentiality or Intellectual Property sections, and Mortem AI may pursue unpaid fees in any court of competent jurisdiction.

No class arbitration

Any arbitration shall proceed only in individual capacity. The parties waive any right to participate as a plaintiff or class member in any purported class or representative arbitration proceeding. This provision does not waive any rights or remedies available in court for matters within the carve-outs above.

Jury trial waiver

Each party waives any right to a jury trial in any court action arising out of or relating to these Terms or the Services.

No third-party beneficiaries

These Terms are between Mortem AI and you only. No end user or other third party is a third-party beneficiary of these Terms and no third party has any right to enforce any provision hereof.

Survival

The following provisions survive any termination or expiration of these Terms: AI output and responsibility, AI transparency and automated decision-making, No training on Client Data, Sensitive and prohibited data, Client data, logs, and privacy, Intellectual property, Confidentiality, Data export and deletion, Disclaimers, Limitation of liability, Indemnification, Insurance (for the period specified in applicable policies), Export and sanctions compliance, Governing law and dispute resolution, No third-party beneficiaries, and this Survival section.

Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms on this page and revise the "Last updated" date above. For material changes, we will provide additional notice (such as an email notification or a prominent notice on our website) before the changes take effect. Your continued use of the Services after changes become effective signifies your acceptance of the updated Terms.

Contact

If you have questions about these Terms, contact us at:

Mortem AI Inc.
1717 Devney Drive
Altoona, Wisconsin 54720
United States

General: [email protected]
Privacy: [email protected]
Security: [email protected]