These are the terms between you and Everly for everly.memorial. They are written to be read. The privacy policy and the dispute policy are part of them.
These terms are the agreement between you and Memorial Products and Services Unlimited LLC, a Georgia limited liability company based in Elberton, Georgia, which operates everly.memorial ("Everly", "we"). By creating an account, opening a family link, contributing to a memorial, or paying for a Preservation memorial, you accept them. If you are accepting on behalf of someone else, you confirm you may. If you do not accept these terms, do not use Everly.
Where a word is defined in section 2, it means what that section says. Where these terms and the dispute policy differ, these terms govern.
Memorial: a page on Everly for one person, made of memories, photographs, video, recordings and documents added by people with a role on it. The person may have died, or may have made the memorial for themselves while living. Two memorials may exist for the same person.
Owner, contributor and viewer: the three roles on a memorial. Owners control it and there may be several. Contributors add memories and files and edit their own. Viewers read. Together they are the memorial's family.
Steward: the person an owner names, by email, to take a memorial on if every owner goes quiet. A steward needs no account until they act.
Free memorial: a memorial at no charge, public from creation, kept by one person, holding photographs and recordings within the allowance shown on its storage meter. One per account.
Preservation memorial: a memorial that has been paid for once, or given, with the features and allowance described when it was bought or given.
Preservation fund: the portion of each Preservation payment Everly sets aside to keep preserved memorials, as section 7 describes.
Public address: a memorial's permanent identifier at everly.memorial/m/. It resolves while the memorial is public and answers "no longer public" afterwards. A family link is the private, rotatable link where the family works; only people with a role can open it.
You must be at least 18 years old to create an account, to own a memorial, or to pay for one. A person aged 13 to 17 may hold a role on a memorial only by invitation from an adult owner who is their parent or guardian or has that person's permission, and that adult is responsible for their use. Everly is not for children under 13, and we do not knowingly hold an account for one; if we learn of one, we close it and delete its data.
You sign in with a link or code sent to your email address. There is no password. You are responsible for that inbox and for anyone you let use it. You can end your sessions from Settings at any time. One account per person. Keep your email address working: it is how we reach you about your memorials, including a removal, a dispute or a steward's claim.
Sign-ups may be limited during the pilot. Being invited to a memorial or named as a steward always lets you in.
Everly is a place to memorialize a person: to gather what a family remembers and keep it together. It is not a funeral provider, a cemetery, a registry of death, a will, a trust, or a record with legal effect. Nothing on Everly is legal, financial or medical advice, and a memorial does not decide any question about an estate. Owners control their memorials; Everly and any funeral provider or partner do not.
A plan belongs to a memorial, not to an account. Every memorial is a Free memorial or a Preservation memorial. What each includes is described at the point of choosing it and summarised in section 2.
A Free memorial is public from the moment it is created and stays public. It cannot take invitations, access requests, a steward, review before publishing, video or documents, and we keep one copy of its files. A Preservation memorial may be private or public; may take every kind of file we accept, invitations and roles, review, a named steward and a second copy on an independent provider. A memorial becomes a Preservation memorial when a purchased or gifted credit is spent on it.
Storage allowances are stated in plain figures ("about 25 photographs") because families upload photographs of different sizes. The exact allowance is on the memorial's storage meter and is what we enforce. A full memorial accepts no more files until room is made or, for a Preservation memorial, more room is bought. Nothing already added is removed.
We may improve a plan at any time. We will not remove a feature from, or materially reduce the allowance of, a memorial that has already been paid for or given without at least 90 days' notice by email to its owners and the ability to export everything.
Memorials on the pilot before 11 September 2026 were made Preservation memorials with a larger allowance at no charge. They are Preservation memorials under these terms, with no payment made and nothing owed to the fund.
Nothing is for sale on Everly today. When purchases open, this section applies.
A Preservation memorial costs a single payment of the price shown at checkout, in US dollars, per memorial. There is no subscription and no renewal. Prices may change for future purchases; a price paid is never revisited. Payments are taken by a payment processor named at checkout, whose terms apply to the card transaction; we never see or store your card number. Prices exclude any sales tax that applies, which is shown at checkout.
You may ask for a full refund within 14 days of purchase if the memorial has not been made public and nobody has been invited to it. After that the payment is final, because half of it has been set aside in the fund and the other half has paid for the work of keeping the memorial. Where the law where you live gives you a longer right, that right applies.
If a payment is refunded, reversed or charged back, the memorial keeps everything it holds and loses nothing, but it accepts no new files and its Preservation features are suspended until it is paid for. A private memorial in this state stays private; we never publish something because a payment failed. A gifted credit carries the same rights as a purchased one, except that no refund is owed to anyone.
Half of every payment for a Preservation memorial or a storage add-on is set aside in a separate account we call the preservation fund. Its purpose is to pay for keeping preserved memorials, their copies and their integrity checks after the payment that created them is long spent.
The fund is money Everly holds and budgets. It is not a trust for your benefit, you have no ownership of or claim on any part of it, and it does not make any memorial's survival a legal promise. It is not a perpetual-care fund, a pre-need contract or an endowment within the meaning of any funeral or cemetery law. We will publish, at least once a year, the fund's balance and the number of preserved memorials it supports. If Everly ceases to operate, the fund is used first for the notice and export in section 21.
When offered, owners of a Preservation memorial may buy more room in whole gigabytes for a single payment per gigabyte. An add-on belongs to the memorial it was bought for and cannot be moved. Its price is calculated on the cost of keeping one gigabyte on two providers for thirty years. That is how the price is set, not a promise that Everly will operate for thirty years; what we promise is in sections 17 and 21. Half of each add-on payment goes to the preservation fund. Add-ons are refundable under section 6 only if no file has yet used the extra room.
Add only what you have the right to share: your own photographs, recordings, documents and words, or those you have permission to post. If a photograph was taken by a professional, the photographer usually holds the copyright; get their permission.
Do not add: a memorial for a living person, unless you are that person and the memorial is your own; an intimate image of anyone without their consent, or of anyone under 18 at all; content that is unlawful, abusive, threatening, harassing or sexually explicit; content you know to be false about a real person; another person's private information (addresses, identification numbers, medical or financial details) without their consent; malware or anything that interferes with the service; or anything that infringes someone else's rights.
A memorial is for remembering. It is not a place to settle disputes about the estate, the will or the family. Content whose purpose is to attack a living person may be hidden under section 13. You are responsible for what you add. Everly does not review contributions before they appear, except where an owner has turned on review for their memorial.
Making a memorial public, or creating a Free memorial, requires a verified email address and a statement of your relationship to the person the memorial is for. For a memorial you make about yourself, the statement is that you are that person. You make the statement by ticking the box, which is your electronic signature under the federal E-SIGN Act and state law. We record it with the date and your account, and we rely on it.
A false statement is grounds for removing the memorial, closing your account, and providing the statement to a person harmed by it. A deceased person's name, likeness and story may be protected by their estate under the law of some states; in Georgia that right survives death. The person creating or publishing a memorial is responsible for having the standing to do so, and the relationship statement is part of that.
A public memorial can be found by anyone, is listed in Find a memorial, may be indexed by search engines, and has a permanent address that may be printed, engraved or shared. Making it private again is an owner's choice at any time; the public address then answers "no longer public" and search engines are asked to drop it, which takes time we do not control.
You keep your rights. Everly claims no ownership of memories, photographs, recordings or documents. You keep every right you have in what you add.
The licence you give us. So that we can run and pay for the service, you give Everly a worldwide, non-exclusive, royalty-free, sublicensable licence to store, copy (including to a second provider and to backups), convert (for example to a smaller image or a web video format), analyse, display and transmit what you add, and to make and use aggregated and de-identified information derived from it, for as long as it remains on Everly and for as long afterwards as backups and any dispute record need. The licence covers using what you add to operate, secure, measure and improve Everly, including to train or improve systems that help us run it; to show the placements described below; and to earn revenue from the service in the ways the privacy policy describes.
How Everly makes money. Like most internet services, Everly funds itself in part from data. That means aggregated and de-identified information about how the service is used, placements from organisations whose services follow a death or prepare for one, and improving our own systems with what is on the service. It does not mean advertisements inside a memory or a photograph, and it does not mean publishing the contents of a private memorial. Where the law where you live gives you a right to opt out of a sale or sharing of your personal information, the privacy policy says how, and we honour it.
Placements. Everly may show placements from partner organisations: aftercare and grief support, estate planning, and future memorialization options. They are Everly's own placements, chosen for the setting, not an open advertising exchange, and they never appear inside a memory or a photograph. We may share information with such organisations, and we may be paid by them, as the privacy policy states.
Contributions stay. A contribution stays on the memorial when the contributor leaves or is removed, because the family's record would otherwise have holes in it. A contributor may edit or delete their own memories while they hold a role, and may ask us to remove a contribution afterwards; we weigh that request against the family's record and the law that applies.
Everly's own property. Everly, its name, design and software are ours or our licensors'. You may not copy the service, scrape it, or use automated tools to collect what is on it beyond what a browser does for you, without our written permission.
The owners of a memorial control it: who has a role, what is visible, whether contributions are reviewed, and whether the memorial exists. Owners invite people by a link that expires in 14 days, decide access requests, change roles, remove people, and may transfer ownership to another member. Every such act is recorded in the memorial's audit log, which the owners can read.
Succession. An owner of a Preservation memorial may name a steward by email. If every owner has been inactive on Everly for one year, the steward may claim the memorial. Every owner is told by email and has 30 days to object by signing in or pressing I'm here. If no owner does, the steward becomes an owner alongside the existing owners. Nobody is removed and nothing is deleted.
The steward mechanism is a convenience for families. It is not a will, a trust or an appointment of an executor, and it does not decide any question of law about who may control the deceased person's story.
Anyone may report a memorial or a contribution using the report form. A person reads every report.
Our first answer to a dispute is to freeze: the memorial becomes private, edits stop, and everything is preserved as it stands so that nothing is lost whichever way the matter is resolved. Both sides are told. A report that the person is alive removes the memorial from public view immediately, before anyone has looked at it, except a memorial a person made about themselves, which a person reads first.
Where a dispute is about who should control a memorial, we follow the order the relevant state uses for who controls funeral arrangements (in Georgia, section 31-21-7 of the Official Code): a person the deceased designated, then the surviving spouse, then a majority of the adult children, then the parents, then a majority of the siblings, and onward. We do not invent our own ranking.
Everly may hide, unpublish, freeze or remove any memorial or contribution at its own discretion, including in response to a report, a lawful request or a court order, and is not required to be neutral between the parties. We will tell the people affected what we did and why, unless the law prevents it. The dispute policy describes how we decide.
Federal law (the TAKE IT DOWN Act) requires platforms that host user images to remove an intimate image of an identifiable person that was published without their consent, including one made or altered by software, within 48 hours of a valid request. If you are the person depicted, or act for them, send a request through the report form or to hello@everly.memorial with your signature, enough to identify the image and where it is on Everly, a statement that you did not consent to its publication, and how to reach you. We will remove it and any identical copies we can find within 48 hours, and we may act in good faith on such a request even if it later proves unfounded.
If you believe something on Everly infringes your copyright, send a notice to our copyright agent at hello@everly.memorial containing the information required by 17 U.S.C. § 512(c)(3): the work, the location of the material on Everly, your contact details, a statement of good-faith belief, a statement of accuracy under penalty of perjury, and your physical or electronic signature. We will hide the material and tell the person who added it, who may send a counter-notice under § 512(g); if they do, we may restore the material after ten business days unless you tell us you have filed suit. Where a notice concerns one contribution, we hide that contribution rather than freeze the whole memorial. Accounts that repeatedly infringe will be closed.
Any owner may remove a memorial they own. It becomes private at once and every owner is told by email. For 30 days any owner may cancel the removal or export everything. After 30 days every memory, photograph, recording and document is deleted from both providers and the memorial is gone. This cannot be undone. A memorial frozen for a dispute cannot be removed until the freeze is lifted.
Removing a Preservation memorial does not refund its payment, and the fund's share is not returned. A credit is spent on creation, not on survival. Backups may hold a copy of deleted content for a short period afterwards, and the audit log and any dispute record are kept as long as we need them.
For a Preservation memorial we keep two independent copies of every original file with different providers, verify them against a checksum on a schedule, and keep encrypted off-site backups of the database. For a Free memorial we keep one copy and the same database backups. Originals are kept byte-for-byte; editing a photograph produces a new version and never changes the original. Each Preservation memorial has a Stewardship page that states, with dates, what copies exist and when they were last verified.
This is a description of what we do, not a guarantee. We are doing our best, and our best is real, but we do not promise that any memorial or file will exist for any particular length of time, and we do not promise that nothing can be lost. Providers fail, software has bugs, people make mistakes, and companies end. We make no perpetual-care promise. What we do promise is the notice and export in section 21, and this: export is free, complete and always available, so keep your own copy of what matters to you.
Any owner may export a memorial in full, files and metadata, at any time and at no charge. You may close your account at any time; memorials you own alone then follow section 16, and memorials with other owners stay with them. Everly is built so that nothing you put in it is locked in.
The privacy policy says what we collect, why, who sees it, how long we keep it, and what you can do about it, including the analytics and advertising measurement we use and how Everly earns money from data. Emails about your memorials (invitations, mentions, replies, removals, steward claims) are part of the service; you can switch off the optional ones in Settings, and notices about removal, disputes, payment and these terms are not optional. You agree to receive notices from us by email at the address on your account, and that electronic notices satisfy any requirement that a notice be in writing.
We may change the service. Changes that take a feature from, or materially reduce the allowance of, a paid or gifted Preservation memorial are governed by section 5. We may change these terms. For a material change we will email every account at least 30 days before it takes effect and show the version date at the top of this page; for a change that only clarifies or that the law requires, we may act sooner. Using Everly after the date is acceptance. If you do not accept, export and close your account before it.
If Everly ceases to operate, every owner will be given no less than 90 days' notice by email and a full export of every memorial they own, and public memorials will remain readable for that period. We will use the preservation fund first to meet that. We will try, but do not promise, to place preserved memorials with a successor on terms no worse than these. If Everly is sold or merged, memorials and accounts pass to the successor under these terms, and every owner is told.
Everly is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage. We do not warrant that the service will be uninterrupted, error-free or secure, or that any memorial or file will be retained for any period, except as expressly stated in sections 5, 16 and 21. Some jurisdictions do not allow these disclaimers, so some may not apply to you.
To the fullest extent the law allows, Everly and its owners, officers, employees and contractors are not liable for any indirect, incidental, special, consequential or punitive damages, or for loss of data, loss of content, loss of profits, or emotional distress, arising out of or relating to the service or these terms, however caused and on any theory of liability, even if we were told such damages were possible. Our total liability for all claims relating to a memorial is limited to the greater of the amount you paid Everly for that memorial in the twelve months before the claim and one hundred US dollars. These limits do not apply to liability that cannot be limited by law, including for our gross negligence or wilful misconduct where the law so provides, and they apply even if a remedy fails of its essential purpose.
You will defend, indemnify and hold Everly harmless from any claim, loss or expense, including reasonable legal fees, arising from what you add to Everly, a relationship statement you make, your breach of these terms, or your violation of any law or of another person's rights. We may take over the defence of any such claim at our own expense, and you will cooperate.
Talk first. Before either of us starts a formal proceeding, the one with the complaint writes to the other (for us, hello@everly.memorial; for you, the email on your account) describing it, and we both try in good faith to resolve it within 30 days.
Arbitration. If that fails, any dispute between you and Everly arising from the service or these terms will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before one arbitrator, by video or in the county where you live. The Federal Arbitration Act governs this section. The arbitrator decides everything, including whether a claim is arbitrable, and may award whatever a court could award to you individually. Either of us may instead bring an individual claim in small-claims court. Nothing here stops either of us seeking an injunction in court for infringement or misuse of intellectual property, or reporting a matter to a government agency.
One at a time. Claims are brought individually, not as a plaintiff or class member in any class, consolidated or representative proceeding, and the arbitrator may not consolidate claims of different people. If this sentence is found unenforceable for a claim, that claim is severed and goes to court, and the rest of this section still applies.
Your right to opt out. You may opt out of arbitration by emailing hello@everly.memorial within 30 days of first accepting these terms with your account email and the words "opt out of arbitration". Opting out changes nothing else about your account.
Governing law and courts. These terms and any dispute are governed by the laws of the State of Georgia and the federal laws of the United States, without regard to conflict-of-law rules, except that the law of the state where you live applies where it gives you rights these terms cannot take away. Where a matter goes to court, it goes to the state courts of Elbert County, Georgia, or the United States District Court for the Middle District of Georgia, and we both accept their jurisdiction, except that you may sue in small-claims court where you live.
These terms, with the privacy policy and the dispute policy, are the entire agreement between you and Everly about the service. If a court finds part of them unenforceable, the rest stands. Our not enforcing a term is not a waiver of it. You may not assign these terms; we may assign them to a successor under section 21. We are not responsible for delay or failure caused by things outside our reasonable control. Nothing in these terms limits any right you have under the consumer-protection law where you live that cannot be limited by contract. Federal law (47 U.S.C. § 230) treats what people add to Everly as their own speech, not ours.
Everly is operated by Memorial Products and Services Unlimited LLC, Elberton, Georgia · hello@everly.memorial. Version 2026-09-24. This version replaces the pilot terms of 30 August 2026.