This End User License Agreement ("Agreement") is a binding legal contract between you ("User," "you," or "your") and FuneralHQ ("Company," "we," "us," or "our") regarding your use of our funeral home management software platform and related services (collectively, the "Service").
By accessing or using our Service, you agree to be bound by this Agreement. If you do not agree to these terms, you must not use our Service.
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to:
You may not, and may not permit others to:
You are responsible for ensuring the accuracy and completeness of all data you input into our Service. You must maintain appropriate backup copies of your data.
You must maintain the confidentiality of your account credentials and are fully responsible for all activities under your account. You must immediately notify us of any unauthorized use of your account.
You must use our Service in compliance with all applicable laws and regulations, including but not limited to HIPAA, state funeral director licensing requirements, and data protection laws.
You retain ownership of all data you input into our Service. We process your data solely to provide our Service to you. Our collection and use of your data is governed by our Privacy Policy.
We implement industry-standard security measures to protect your data, including encryption, access controls, and regular security audits.
Our Service may integrate with third-party services such as QuickBooks, payment processors, and communication platforms. Your use of these integrations is subject to their respective terms of service and privacy policies.
We are not responsible for the availability, functionality, or security of third-party services, though we select partners who meet our standards for reliability and security.
We strive to maintain 99.9% uptime for our Service. However, we do not guarantee uninterrupted access and may temporarily suspend the Service for maintenance, upgrades, or in case of technical issues.
We will provide reasonable advance notice of planned maintenance whenever possible.
Our Service, including all software, content, trademarks, and intellectual property rights, remains our exclusive property. This Agreement does not grant you any rights to our intellectual property except as expressly stated.
You may terminate this Agreement at any time by discontinuing use of our Service and canceling your subscription.
We may terminate this Agreement immediately if you breach any terms or if we discontinue the Service. We will provide 30 days' notice for termination without cause.
Upon termination, your license to use our Service ends immediately. We will provide you with a reasonable opportunity (not less than 30 days) to export your data before deletion.
OUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that our Service will meet your requirements, be error-free, or operate without interruption.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.
You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses arising from your use of our Service, your violation of this Agreement, or your violation of any rights of another party.
This Agreement is governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Delaware.
We may modify this Agreement from time to time. We will notify you of material changes by email or through our Service at least 30 days before they take effect. Your continued use of our Service after changes take effect constitutes acceptance of the new terms.
If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.
This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and us regarding the subject matter herein and supersedes all prior agreements and understandings.
If you have questions about this Agreement, please contact us: