Terms of Service

By accessing or using the Mourning platform (the "Service"), available at mourning.io, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

We may update these Terms from time to time. If we make material changes, we will notify you by posting the revised Terms on the Service and updating the effective date above. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms.

Mourning is a private digital workspace that helps families navigate what follows a death. The Service provides memorial pages, a shared family workspace, a document vault, AI-assisted writing tools, RSVP and guestbook features, and a permanent archive of memories, photos, and recordings.

Mourning is operated by Visit Proof LLC, a limited liability company organized under the laws of the State of Delaware ("Company," "we," "us," or "our"). Our contact address is hello@mourning.io.

You must be at least 18 years of age to create an account on the Service. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

To use certain features of the Service, you must register for an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You agree to notify us immediately at hello@mourning.io if you become aware of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

"User Content" means any text, photographs, audio recordings, video, documents, and other materials you upload, submit, or transmit through the Service. You retain all ownership rights in your User Content.

By submitting User Content, you grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, transfer, display, and distribute your User Content solely as necessary to operate and provide the Service to you and those you have authorized to access it. This license terminates when you delete your User Content or your account, except to the extent necessary for backup, archival, or legal compliance purposes.

You represent and warrant that you own or have the necessary rights to submit your User Content and that your User Content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party.

You agree not to: (a) use the Service for any unlawful purpose or in violation of any applicable law or regulation; (b) upload or transmit content that is defamatory, obscene, fraudulent, or that infringes any third-party rights; (c) attempt to gain unauthorized access to the Service, other accounts, or any computer systems or networks connected to the Service; (d) interfere with or disrupt the integrity or performance of the Service; (e) use the Service to send spam, unsolicited messages, or commercial solicitations; (f) use automated means to access or collect data from the Service without our prior written consent; or (g) impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.

Each memorial has three visibility modes: Private (visible only to the owner), Invite-only (visible to anyone with the direct link, but not indexed by search engines), and Public (visible to anyone and eligible for search engine indexing). You may change the visibility mode at any time.

The family workspace — including tasks, messages, vendor information, documents, and the calendar — is never visible on the public memorial page and is never indexed by search engines, regardless of the memorial's visibility setting.

Mourning offers a free tier and a one-time permanent archive tier priced at $199 per memorial. There are no subscriptions. The free tier does not expire.

The $199 payment is a one-time, non-recurring charge per memorial. It unlocks unlimited memories, photos, audio, and video; voice interviews with transcripts; the AI-assembled life story; anniversary reminders; family invites with roles; a 25-year hosting commitment; and full export at any time.

All payments are final. Because the Service provides immediate access to digital content and features upon payment, refunds are generally not available. If you believe a charge was made in error, contact us at hello@mourning.io and we will review your request in good faith.

When you purchase a permanent archive, we commit to hosting that memorial for a minimum of 25 years from the date of purchase, regardless of subscription churn elsewhere in the business.

If Mourning is acquired, sunsetted, or otherwise ceases to operate, every paying family will receive a full archive export with at least 90 days' notice and a one-time stipend toward storing the archive elsewhere.

Permanent (paid) memorials may export the full archive — memories, photos, audio, video, documents, transcripts, messages, and the timeline — as a single zip file containing a readable JSON manifest and a printable PDF, at any time and without restriction.

The Service includes AI-assisted writing tools that generate drafts of obituaries, eulogies, thank-you notes, and other content based on information you provide. AI-generated drafts are provided as suggestions only. You are solely responsible for reviewing, editing, and approving any AI-generated content before use. We make no warranties regarding the accuracy, completeness, or appropriateness of AI-generated output.

We do not use your User Content to train external AI models. Information you provide to the AI writing tools is processed solely to generate the requested output for you.

The Service, including its design, text, graphics, logos, icons, software, and all other content and materials (excluding User Content), is the property of Visit Proof LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws.

"Mourning" and associated logos and marks are trademarks of Visit Proof LLC. You may not use our trademarks without our prior written consent.

The Service may integrate with or contain links to third-party services, including payment processors and cloud infrastructure providers. We are not responsible for the content, privacy policies, or practices of third-party services. Your use of third-party services is at your own risk and subject to their respective terms and conditions.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

MOURNING IS NOT A SUBSTITUTE FOR LEGAL, FINANCIAL, MEDICAL, OR FUNERAL SERVICES ADVICE. THE SERVICE IS A COORDINATION AND ARCHIVAL TOOL. YOU SHOULD CONSULT QUALIFIED PROFESSIONALS FOR LEGAL, FINANCIAL, MEDICAL, OR FUNERAL SERVICES MATTERS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VISIT PROOF LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

You agree to indemnify, defend, and hold harmless Visit Proof LLC and its officers, directors, members, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of a third party.

You may terminate your account at any time by contacting us at hello@mourning.io. Upon termination, your right to use the Service will cease immediately.

We may suspend or terminate your access to the Service at any time, with or without cause, upon reasonable notice. If we terminate your account for reasons other than your breach of these Terms, and you have a paid permanent archive, we will provide you with a reasonable opportunity to export your data before deletion.

Sections 5 (User Content), 12 (Intellectual Property), 14 (Disclaimer of Warranties), 15 (Limitation of Liability), 16 (Indemnification), 18 (Governing Law), and 19 (Dispute Resolution) survive any termination of these Terms.

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall first be submitted to good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within 30 days, either party may pursue binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted in the State of Delaware.

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the fullest extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Visit Proof LLC regarding the Service and supersede all prior and contemporaneous agreements, proposals, and representations, whether written or oral.

If you have questions about these Terms, please contact us at hello@mourning.io.