THE BLISSFUL MOMENTS – TERMS AND CONDITIONS

Last Updated: 24 Jan 2025

Welcome to The Blissful Moments ("we," "us," "our," or "Company"). These Terms and Conditions ("Terms") govern your access to and use of our memorial page service (the "Service"), including any related websites, dashboards, and applications. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with these Terms, you may not use the Service.

1. Definitions

1. "Service" refers to the memorial pages, QR codes, website(s), dashboards, and any features or content made available through them. 2. "SuperUser" refers to the first person who scans the QR code associated with a specific memorial page and creates an account. The SuperUser has full management rights over that specific memorial page. 3. "User #2" or "Non-SuperUser" refers to any registered or guest user who accesses a public or private memorial page without SuperUser privileges. 4. "Admin" refers to the Company (including its authorized employees or representatives) with global management capabilities for all pages, users, and subscriptions. 5. "You" or "User" refers to any individual or entity accessing or using the Service, including SuperUsers, Non-SuperUsers, and visitors.

2. Acceptance of Terms

By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy (if provided separately). These Terms apply to all users of the Service, including SuperUsers and Non-SuperUsers.

3. Eligibility

1. Age Requirement: You must be at least the age of majority in your jurisdiction to create an account or use the Service. By using the Service, you represent that you meet this requirement.2. Compliance: You agree to use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

4. Account Registration & SuperUser Designation

1. Initial QR Scan and SuperUser: The first individual to scan a newly generated QR code and complete registration is automatically designated as the SuperUser for that memorial page. The Company disclaims any liability for disputes arising from who scans the QR code first.2. Account Information: You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.3. SuperUser Responsibilities:

  • Managing page settings (public or private).
  • Customizing the URL (only once).
  • Editing, adding, or removing photos, text, and other memorial content.
  • Setting and changing passwords for private pages.
  • Monitoring content contributed by other users.

5. Types of Access & Permissions

1. Public Pages: Accessible to anyone with the link. Non-SuperUser users can view the memorial content and contribute by adding photos or text in designated areas.2. Private Pages: Accessible only to individuals who know the password. Non-SuperUser users have view-only access and cannot edit or add content unless the SuperUser grants such permissions (if such features become available). After three incorrect password attempts, access may be locked for a specified duration.3. Admin Access: We (the Company) maintain global administrative rights to manage users, reset passwords, remove or delete pages, and monitor subscriptions.

6. User Conduct & Content

1. User-Generated Content: You are solely responsible for all content (including images, text, and videos) you upload or post on a memorial page.2. Prohibited Content: You agree not to upload or transmit any content that:

  • Violates any third-party intellectual property rights, including copyright and trademarks.
  • Is unlawful, fraudulent, defamatory, obscene, or otherwise offensive.
  • Contains personal data about someone else without their consent.
3. Content Monitoring: While the SuperUser is primarily responsible for monitoring content on their memorial page, we reserve the right (but have no obligation) to remove or modify any user-generated content that violates these Terms or is otherwise objectionable in our sole discretion.4. No Endorsement: We do not endorse any user-generated content. All content is the sole responsibility of the person who posted it.

7. Intellectual Property

1. Company IP: The Service, including but not limited to software, design, text, graphics, logos, and any other features, is owned or licensed by the Company and is protected by intellectual property laws.2. User Content License: By submitting content to the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute such content solely for the purpose of operating and marketing the Service, in accordance with our Privacy Policy.3. Trademarks: All Company trademarks, service marks, logos, and trade names are the property of the Company. Nothing in these Terms grants you the right to use these marks without our prior written consent.

8. Subscription & Payment

1. Subscription Commencement: Subscriptions will not begin until the following year (or as otherwise stated by the Company).

2. Renewal & Grace Period:

  • After your subscription term ends, you will have a 30-day grace period to renew.
  • Failure to renew within the 30-day grace period may result in permanent deletion of your data and memorial page.

3. Payment Processing:

  • Payments are processed through our chosen payment provider (for example, Stripe).
  • You agree to comply with the payment provider’s terms and conditions in addition to these Terms.

4. Refunds: Refund requests, if any, will be handled according to our Refund Policy (if provided separately) or on a case-by-case basis.

9. Data Retention & Deletion

1. Data Storage: We may store content and data on AWS S3, Google Cloud Storage, or other reputable storage solutions.2. Expiration & Deletion: If a subscription is not renewed after the 30-day grace period, your memorial page and all associated content may be deleted. We are not responsible for recovering any deleted data once this grace period has passed.3. Data Backups: We may perform backups for our own administrative purposes, but we make no guarantees that all data will be backed up or retrievable.

10. Privacy & Security

1. Privacy Policy: Your use of the Service is also governed by our Privacy Policy, which addresses the collection, use, and storage of your personal information.2. Security Measures: While we implement reasonable security measures, we cannot guarantee the absolute security of your data. You agree to immediately notify us of any unauthorized use of your account or suspected security breach.

11. Disclaimer of Warranties

  • "As Is" Basis: The Service is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied.
  • No Guarantee: We do not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
  • Third-Party Services: We are not responsible for any issues arising from third-party services or platforms (such as Stripe, AWS, Google Cloud, or any external QR code scanning applications).

12. Limitation of Liability

  • Indirect Damages: To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, or loss of goodwill.
  • Total Liability: Our total liability for any claim arising out of or relating to these Terms shall not exceed the amount you paid (if any) to use the Service in the 12 months preceding the claim.

13. Indemnification

  • You agree to indemnify, defend, and hold harmless The Blissful Moments and its affiliates, officers, agents, and employees from any claim, demand, damages, or expenses (including reasonable attorneys’ fees) arising out of or related to:
  • Your breach of these Terms.
  • Your use or misuse of the Service.
  • Your violation of any applicable law or regulation.
  • Any allegation that content you submit infringes or violates the rights of a third party.

14. Suspension & Termination

  • Termination by User: You may discontinue use of the Service at any time by deactivating your account or ceasing to scan or access the QR code.
  • Termination by Company: We reserve the right to suspend or terminate any account or memorial page at our discretion for any or no reason, including violation of these Terms or non-payment of subscription fees.
  • Effect of Termination: Upon termination, all rights granted to you under these Terms will immediately cease. Any data or content associated with your account may be permanently deleted.

15. Modifications to the Service & Terms

  • Service Changes: We reserve the right to modify or discontinue the Service (in whole or in part) at any time with or without notice.
  • Changes to Terms: We may amend these Terms from time to time. If we make material changes, we will provide notice by posting an updated version on our website or by sending you an email. Your continued use of the Service after the revised Terms become effective indicates your acceptance of the changes.

16. Governing Law & Dispute Resolution

  • These Terms are governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of laws principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in [Your Jurisdiction].

17. Miscellaneous

  • Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Blissful Moments regarding your use of the Service.
  • Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  • Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision.
  • Assignment: You may not assign or transfer these Terms or any rights or obligations herein without our prior written consent. We may assign our rights and obligations under these Terms at our discretion.

18. Contact Us

If you have any questions or concerns about these Terms or the Service, please contact us at:

By accessing or using The Blissful Moments memorial page service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.