Terms of Use

1. License

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the App on any device that you own or control, subject to the usage rules of the app store you obtained it from (Apple's Media Services Terms and Conditions, or the Google Play Terms of Service). This license does not allow you to distribute or make the App available over a network where it could be used by multiple devices at once. You may not rent, lease, lend, sell, redistribute, sublicense, copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of the App, except to the extent that such restriction is prohibited by applicable law.

2. Your account and your content

You are responsible for the accuracy of the information in your account and for keeping your credentials secure. You retain all ownership of the photos, videos, audio, text, and other material you upload (“Your Content”). You grant us a limited license to host, store, transmit, back up, and display Your Content solely to operate and provide the App to you and to the people you have invited to a memorial. We do not sell Your Content and do not use it for advertising.

You are responsible for having the rights to upload Your Content and for what you share with others. You must not upload content that is unlawful, infringes another person's rights, or that you do not have permission to share.

3. Memorials, invitations, and shared access

The App lets you invite other people to view or contribute to a memorial. Anyone you invite can see the content of that memorial according to the role you assign them. You are responsible for who you invite and for the access level you grant. Removing a person's access does not retrieve copies they already downloaded.

4. Subscriptions and purchases

The App offers auto-renewable subscriptions and one-time purchases. Prices are shown in the App before purchase in your local currency.

• Payment is charged to your App Store or Google Play account at confirmation of purchase, depending on where you obtained the App.
• Auto-renewable subscriptions renew automatically for the same period at the same price unless auto-renew is turned off at least 24 hours before the end of the current period.
• Your account is charged for renewal within 24 hours before the end of the current period.
• You can manage or cancel a subscription after purchase: on iPhone or iPad in Settings, under your Apple ID, in Subscriptions; on Android in the Google Play app, under Payments and subscriptions. Deleting the App does not cancel a subscription.
• One-time purchases do not renew. After store verification, a Forever plan raises your account's storage allowance to 25 GB, across as many memorials as that allowance holds. An access pass opens the single memorial whose invitation it was bought from, at the access level that invitation was sent for; an invitation to a different memorial is a separate purchase. Because a pass is consumed when it opens a memorial, your access is held in your Forever account rather than restored from the store. They are not refundable except as required by law or by the policies of the store you purchased through.
• Any unused portion of a free trial, where offered, is forfeited when you purchase a subscription.

Purchases are processed by the app store you bought through, not by us. Refund requests are handled by that store under its own terms — Apple's Media Services Terms and Conditions for the App Store, or the Google Play Terms of Service for Google Play. We cannot issue refunds for a purchase made through either store.

5. Storage limits and what happens if a subscription ends

Each plan includes a storage allowance stated in the App. If your stored content reaches that allowance, you will be unable to upload new content until you remove some or move to a plan with a larger allowance.

We do not delete your content when a subscription ends. If a subscription lapses, expires, or is cancelled, your account returns to the Free plan and its smaller storage allowance. Everything you have already uploaded remains stored and viewable. While your stored content exceeds the Free plan allowance you will not be able to add new content, but nothing already saved is removed, and no time limit applies to how long it is kept.

Content is deleted only when you delete it, when you delete a memorial, or when you delete your account.

The Forever plan is a one-time purchase that includes up to 25 GB of storage on your account. In any description of that plan, “lifetime” means the lifetime of the Forever service, not the lifetime of any person and not an obligation to operate the service indefinitely. If we decide to permanently discontinue the Forever service, we will give at least 90 days' advance notice where reasonably possible and keep a data-export option available for at least 90 days after that notice, so you can download your content before the service closes. This paragraph does not limit any longer notice, remedy, or data-access period required by law.

6. Acceptable use

You agree not to interfere with or disrupt the App, attempt to gain unauthorized access to it, use it to harass or harm anyone, or use it in violation of any applicable law. We may suspend or terminate access to accounts that breach this Agreement.

7. Privacy

Our handling of personal data is described in our Privacy Policy, which forms part of this Agreement.

8. Term and termination

This Agreement remains in effect until terminated. It terminates automatically if you fail to comply with any of its terms. You may terminate it at any time by deleting your account and removing the App from your devices. Sections 2, 9, 10, 11, and 12 survive termination.

9. Warranty disclaimer and limitation of liability

To the maximum extent permitted by applicable law, the App is provided “as is” and “as available”, without warranty of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted or error-free, or that any content will be preserved without loss. You are encouraged to keep your own copies of anything irreplaceable.

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to this Agreement or the App is limited to the amount you paid us for the App in the twelve months preceding the event giving rise to the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of data, revenue, or profits.

Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under the law that applies to you as a consumer.

10. App store terms

The App is distributed through the Apple App Store and Google Play. Which of the following applies to you depends on where you obtained it.

If you obtained the App from the Apple App Store

You acknowledge and agree that:

• This Agreement is between you and Jade Kenneth Darunday only, and not with Apple. Apple is not responsible for the App or its content.
• Jade Kenneth Darunday, not Apple, is solely responsible for the App and for providing any maintenance and support services for it. Apple has no obligation to furnish any maintenance or support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
• Jade Kenneth Darunday, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, Jade Kenneth Darunday, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim.
• Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of it Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of it.

If you obtained the App from Google Play

This Agreement is between you and Jade Kenneth Darunday only, and not with Google. Google is not responsible for the App or its content, is not a party to this Agreement, and has no obligation to provide maintenance or support for the App. Your use of Google Play is additionally governed by the Google Play Terms of Service, and refunds for purchases made there are handled by Google under those terms. Jade Kenneth Darunday, not Google, is responsible for the App and for any claim relating to it.

11. Legal compliance

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable third-party terms of agreement when using the App.

12. Governing law

This Agreement is governed by the laws of the Republic of the Philippines, without regard to its conflict-of-law rules, except where the mandatory consumer protection laws of your country of residence provide you greater protection.

13. Changes

We may update this Agreement. Material changes will be notified in the App or by email before they take effect. Continued use after a change takes effect means you accept the updated Agreement.

14. Contact

Jade Kenneth Darunday, operating as Velar Studio
Email: velarstudio0828@gmail.com
darundaywebdev.site