Podmínky služby

1. Úvod a přijetí podmínek

Welcome to Kinmory, a digital memorial platform that enables families and funeral service providers to create, manage, and share digital memorials for deceased loved ones. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Kinmory ("we", "us", "our", or "Kinmory") governing your access to and use of our website, services, and platform (collectively, the "Service").

By accessing, browsing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

2. Definice

For the purposes of these Terms, the following definitions apply:

  • "Service" refers to the Kinmory digital memorial platform, including all websites, applications, features, content, and services provided by Kinmory.
  • "User" means any individual or entity that accesses or uses the Service, including but not limited to family members, funeral agencies, and visitors to memorial pages.
  • "Content" includes all text, images, videos, audio files, documents, and other materials uploaded to or created through the Service.
  • "Memorial" or "Memorial Page" refers to a digital memorial created through the Service to honor and remember a deceased individual.
  • "Account" means a registered user account created to access and use the Service.
  • "QR Code" refers to the unique Quick Response code generated by Kinmory that links to a memorial page.

3. Popis služby

Kinmory provides a comprehensive digital memorial platform designed to preserve and share memories of deceased loved ones. Our Service includes, but is not limited to:

  • Creation and management of digital memorial pages with biographical information, photos, videos, and other media
  • Generation of unique QR codes that can be placed on physical memorial markers, gravestones, or other locations
  • Secure hosting and storage of memorial content, including photos, videos, audio recordings, and documents
  • Collaborative editing features allowing multiple family members to contribute to memorial pages
  • Privacy controls and access management for memorial pages
  • Guestbook and tribute features for visitors to leave messages and memories
  • Integration with funeral service providers and agencies
  • Analytics and visitor tracking for memorial pages

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, at our sole discretion.

4. Uživatelské účty a registrace

To access certain features of the Service, you must create an account. By creating an account, you agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information to keep it accurate, current, and complete
  • Maintain the security and confidentiality of your account credentials, including your password
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account or any other breach of security

You may not create an account for anyone other than yourself, and you may not share your account credentials with any third party. We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.

5. Pravidla chování uživatelů a pokyny pro obsah

You are solely responsible for all Content that you upload, post, transmit, or otherwise make available through the Service. You agree not to use the Service to upload, post, transmit, or otherwise make available any Content that:

  • Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Violates any applicable local, state, national, or international law or regulation
  • Infringes upon or violates the intellectual property rights, privacy rights, or other rights of any third party
  • Contains viruses, malware, or other malicious code that may damage, interfere with, or disrupt the Service
  • Impersonates any person or entity, or falsely states or misrepresents your affiliation with any person or entity
  • Is false, misleading, or deceptive
  • Constitutes spam, unsolicited commercial communications, or unauthorized advertising
  • Violates the dignity or privacy of deceased individuals or their families
  • Contains sensitive personal information of living individuals without their explicit consent

We reserve the right, but are not obligated, to review, monitor, edit, or remove any Content at any time and for any reason, without prior notice. We may also suspend or terminate your access to the Service if you violate these content guidelines.

Authority to memorialize. When you create a memorial for a deceased person, you affirmatively represent and warrant that you have the right to memorialize that person — that you are their relative or friend, or are otherwise lawfully authorized to act on their behalf — and that you create the memorial in good faith and without malicious intent. You agree that we may rely on this warranty, and that a memorial created in breach of it may be removed and may be grounds for suspension or termination of your account. If you become aware that a memorial has been created about your loved one by someone lacking this authority, please contact us so we can review it.

6. Platby a předplatné

Certain features of the Service require payment. By subscribing to a paid plan, you agree to the following terms:

  • Billing: Subscription fees are billed in advance on a monthly or annual basis, as selected during registration. You authorize us to charge your designated payment method for all fees associated with your subscription.
  • Automatic Renewal: Unless you cancel your subscription before the renewal date, your subscription will automatically renew for the same period at the then-current subscription rate.
  • Price Changes: We reserve the right to modify our pricing at any time. We will provide at least 30 days' notice of any price increases. Continued use of the Service after the price change becomes effective constitutes your acceptance of the new pricing.
  • Payment Methods: We accept payment through various methods, including credit cards and other payment processors. You are responsible for maintaining valid payment information on your account.
  • Refunds: Refund policies vary by subscription type. One-time memorial packages are generally non-refundable after the memorial page is created. Contact us for specific refund inquiries.
  • Failed Payments: If payment fails, we may suspend or terminate your subscription and access to premium features until payment is successfully processed.

7. Práva duševního vlastnictví

Your Content: You retain all ownership rights to the Content you upload to the Service. Kinmory does not claim any ownership rights in your Content. By uploading, posting, or otherwise making Content available through the Service, you acknowledge that Kinmory needs to store, process, and display your Content solely for the purpose of providing and operating the Service to you and other users as permitted by your privacy settings. You understand that your Content will be stored on our servers and may be displayed to other users according to the privacy settings you configure for your memorial pages.

Kinmory's Content: The Service, including its original content, features, functionality, design, logos, trademarks, and software, is owned by Kinmory and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service or included software, nor may you reverse engineer or attempt to extract the source code of that software.

8. Ochrana soukromí a dat

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.

We are committed to protecting the sensitive nature of memorial content and personal data. We implement industry-standard security measures to safeguard your information. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

In compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR) for users in the European Union, you have certain rights regarding your personal data, including the right to access, rectify, erase, restrict processing, and data portability. Please refer to our Privacy Policy for more information about your rights and how to exercise them.

9. Dostupnost a úpravy služby

While we strive to provide continuous and reliable access to the Service, we do not guarantee that the Service will be available at all times or that it will be free from errors, interruptions, or downtime. The Service may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice, at our sole discretion. We will make reasonable efforts to notify users of significant changes or service interruptions when possible. In the event of service modifications or discontinuation, we will provide advance notice to allow users to download or export their Content. Should we need to discontinue the Service entirely, we commit to maintaining access to user data for a period of three years from the date of discontinuation, during which time users will be notified and provided with options to download or transfer their memorial content and data.

We are not liable for any loss or damage resulting from service interruptions, modifications, or discontinuation. You are responsible for maintaining backups of your Content.

10. Ukončení

Termination by You: You may terminate your account at any time by contacting us or using the account deletion features in your account settings. Upon termination, your right to use the Service will immediately cease.

Termination by Us: We reserve the right to suspend or terminate your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

  • Violation of these Terms or our Privacy Policy
  • Fraudulent, illegal, or harmful activity
  • Non-payment of subscription fees
  • Extended periods of account inactivity
  • Any other reason we deem necessary to protect the Service, other users, or our rights

Effect of Termination: Upon termination, your right to access and use the Service will immediately cease. We may delete your account and Content, though we may retain certain information as required by law or for legitimate business purposes. Memorial pages may remain accessible to visitors if they were set to public visibility, unless you specifically request their removal.

11. Omezení odpovědnosti

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

KINMORY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL KINMORY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNT YOU PAID TO KINMORY IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

12. Řešení sporů a rozhodné právo

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where the memorial data is stored, without regard to its conflict of law provisions. For memorials stored in Spain, Spanish law shall apply.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through good faith negotiations. If such negotiations are unsuccessful, disputes shall be resolved through binding arbitration in accordance with the rules of the applicable arbitration association, or through the competent courts of the jurisdiction where the data is stored.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13. Změny podmínek služby

We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes to these Terms, we will notify you by email (sent to the email address specified in your account) or by posting a notice on our website at least 30 days prior to the changes taking effect.

Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.

The "Last updated" date at the top of this page indicates when these Terms were last revised. We encourage you to review these Terms periodically to stay informed of any updates.

14. Obecná ustanovení

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kinmory regarding the Service and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

Contact Information: If you have any questions about these Terms of Service, please contact us at:

Email: support@kinmory.com

Phone: +1 (888) 546-6679

Address: C. Alcalde Josep Poveda Verdú, 5, 03560 El Campello, Alicante, Spain