Terms of Service

Agreement to Terms

These Terms of Service ("Terms") are a legally binding agreement between you—whether an individual consumer, funeral director, mortuary establishment, cemetery operator, or monument builder—and VirtObits governing access to and use of the VirtObits application, partner portal, digital memorial hosting, and physical QR Headstone Plates and Medallions.

By accessing the website, creating a memorial, enrolling in the Funeral Home Partner Program, or purchasing a physical QR plate, you acknowledge that you have read, understood, and agree to these Terms.

Funeral Home & Organization Partner Terms

Digital Memorial Hosting & Flipbook Services

• Digital Longevity: Standard paid memorials are intended for indefinite hosting without recurring hosting fees, subject to these Terms and active platform operations.
• Interactive Flipbooks: Digital programs may provide page-turning, full-color tribute media, and printable keepsakes when downloads are enabled.
• Service Uptime: VirtObits targets 99.9% availability but does not guarantee uninterrupted or error-free service during outages or maintenance.

Physical QR Headstone Plates & Cemetery Compliance

QR Headstone Plates and Medallions are custom-produced from the material stated in the applicable product description with high-contrast engraving intended for outdoor use.

• Cemetery Regulations: The purchaser, funeral director, or family is responsible for obtaining cemetery permits or approval before attaching or inlaying a plate. VirtObits is not responsible for cemetery fines, removals, or placement disputes.
• Surface Mounting: Follow the adhesive manufacturer’s preparation, temperature, curing, and installation instructions supplied with the plate.
• Recessed Inlay Mounting: A qualified monument professional should perform stone cutting and permanent installation.
• Installation Disclaimer: VirtObits does not provide on-site installation and is not responsible for stone damage or bonding failure caused by improper installation or tooling.

Orders, Custom Engraving & Return Policy

• Custom Goods Policy: Personalized plate orders are non-refundable and non-returnable after manufacturing or engraving begins.
• Defect & Scan Guarantee: Report delivery damage, a VirtObits typographical error, or a plate that fails to scan within 30 days of delivery. Upon photographic verification, VirtObits will re-engrave and ship a replacement without another plate charge.
• Shipping & Delivery: Orders use tracked carriers. Production and delivery dates are estimates and may vary with engraving schedules and carrier transit times.

Content Ownership & Intellectual Property

You retain all right, title, and ownership, including copyright, in text, photographs, eulogies, music, and videos you upload. By uploading content, you grant VirtObits a worldwide, royalty-free, non-exclusive license to host, store, display, format, and transmit it solely to operate the memorial and related QR plate services.

Community Standards & Bereavement Moderation

• Do not submit hate speech, harassment, profanity, defamation, or derogatory content concerning the deceased or family members.
• Do not submit unauthorized advertisements, spam, malicious code, or third-party solicitations.
• Funeral directors and memorial administrators may hide or remove condolences. VirtObits may suspend or terminate accounts that violate these standards.

Limitation of Liability & Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIRTOBITS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND PARTNERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, EMOTIONAL DISTRESS, LOSS OF GOODWILL, OR MONUMENT REPAIR COSTS, ARISING FROM THE SERVICES. VIRTOBITS’ TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID BY YOU TO VIRTOBITS IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Indemnification

You agree to defend, indemnify, and hold harmless VirtObits, its affiliates, and its partners from claims, liabilities, damages, judgments, and reasonable expenses arising from your violation of these Terms, infringement by content you upload, or a dispute with cemetery authorities concerning plate placement.

Governing Law & Dispute Resolution

These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict-of-law principles. Disputes will first be addressed through good-faith informal negotiation and, if unresolved, binding individual arbitration.

Contact & Partner Inquiries

For legal inquiries, partner contracts, or questions about these Terms, contact VirtObits Legal & Partner Operations at legal@virtobits.com or partners@virtobits.com.