Terms of Service

Who we are and how to contact us

Eligibility and account registration

• You must be an adult 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 keep it updated.

What we provide

Mortem AI provides AI-powered marketing, automation, and communication tools for funeral homes and related businesses, including website chat, lead capture, messaging workflows, and related integrations. Mortem AI is not a funeral, cremation, memorial, legal, financial, or insurance service provider.

Mortem AI does not provide professional advice. Your use of the Services does not create an attorney-client, fiduciary, or professional-services relationship.

AI output and responsibility

The Services may generate automated responses and content ("Output") using artificial intelligence systems that are probabilistic in nature. Output may contain inaccuracies, omissions, 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, or 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 or other consumers). You are responsible for ensuring your use complies with applicable law and your own policies.

No guarantees

We do not guarantee accuracy, completeness, or suitability of Output. The Services do not guarantee outcomes, revenue, lead volume, conversion rates, or business performance.

Fees, billing, and refunds

Fees, billing frequency, and plan details are presented at checkout or in an applicable order form. Payments are processed through Stripe. By purchasing, you authorise us (through Stripe) to charge your selected payment method for applicable fees.

Setup fees

Setup fees (if applicable) compensate Mortem AI for onboarding, configuration, training, and deployment activities and are non-refundable once work has commenced, regardless of later cancellation.

Subscriptions

• Subscription fees are billed in advance on a recurring basis until cancelled.
• You may cancel at any time; cancellation prevents future billing but does not refund prior charges for the current billing period.
• If payment fails, we may retry charges and may suspend access for non-payment.

If you have a signed Client Service Agreement, billing terms in that agreement control for that client relationship.

Client data, logs, and privacy

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

Operational logs and retention

We may retain system logs, conversation transcripts, and metadata for security, quality control, dispute resolution, and compliance purposes in accordance with our standard retention policies, subject to applicable law and contractual commitments.

Data Processing Addendum

Where required by applicable data protection laws, a Data Processing Addendum ("DPA") may apply to certain processing activities. If you require a DPA for your account, contact us at [email protected].

Acceptable use

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

• Use the Services for unlawful, deceptive, or abusive activity.
• Attempt to probe, scan, or test vulnerabilities, bypass access controls, or interfere with security measures.
• Upload or transmit malware or harmful code.
• Reverse engineer, decompile, or attempt to extract source code, models, prompts, or system design (except to the extent prohibited by law).
• Use the Services to scrape personal data unlawfully or violate privacy rights.
• Use the Services to send spam or unsolicited communications in violation of applicable law.

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

Third-party services

The Services may integrate with or depend on third-party platforms (for example, hosting providers, analytics tools, messaging providers, and AI model providers). Third-party services are not controlled by Mortem AI and may have their own terms and policies.

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

Intellectual property

The Services (including software, workflows, templates, branding, and underlying technology) are owned by Mortem AI and its licensors and are protected by intellectual property laws. Except as expressly permitted, you may not copy, modify, distribute, sell, lease, or create derivative works from the Services.

You retain ownership of your content and data you provide to the Services, subject to our rights to process it to provide and improve the Services and to operate our systems securely.

Confidentiality

You agree to keep non-public information about the Services (including pricing, configurations, technical details, and documentation provided to you) confidential and to use it only for your permitted use of the Services.

Suspension and termination

We may suspend or terminate access to the Services if:

• Payment is overdue or fails.
• 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.

Upon termination, access will cease. Data export and deletion practices may depend on your plan and any signed agreement. Where feasible, and upon written request, we may provide a limited export within a reasonable period, subject to legal obligations and security constraints.

Disclaimers

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, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Services will be uninterrupted, error-free, or secure, or that defects will be corrected.

Limitation of liability

To the maximum extent permitted by law, Mortem AI will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, reputational harm, emotional distress, or loss of data, arising out of or related to these Terms or the Services.

To the maximum extent permitted by law, Mortem AI’s total aggregate liability arising out of or related to the Services will not exceed the total fees paid by you to Mortem AI in the twelve (12) months preceding the event giving rise to the claim.

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

Indemnification

You agree to defend, indemnify, and hold harmless Mortem AI and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your content, your interactions with end users, or your violation of these Terms or applicable law.

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 SDN 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.

Good-faith mediation first

Before initiating arbitration, the parties will attempt to resolve disputes through good-faith mediation. If mediation is unsuccessful within thirty (30) days, the dispute will proceed to arbitration.

Binding arbitration

Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will take place in Wilmington, Delaware. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Jury trial waiver and class action waiver

Each party waives any right to a jury trial in any court in connection with any action or litigation. Claims must be brought on an individual basis. No party may bring claims as a plaintiff or class member in any purported class, collective, or representative proceeding.

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.

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. 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 [email protected].