Burial Cloud LLC (“Company,” “we,” “us,” or “our”) provides a digital memorial platform (the “Service”) that allows users to create, manage, and access personalized memorial spaces, including but not limited to memorial pages, family trees, Heart Letters, virtual candles, War Memorial Wall entries, and other interactive features (collectively, the “Service”).
By accessing or using our website at burialcloud.net (the “Site”) or any related applications, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to all of these Terms, you may not access or use the Service.
We may revise these Terms from time to time. The “Last Updated” date indicates when these Terms were last revised. Changes are effective when posted to the Service and apply to all use of the Service after posting. Your continued use of the Service after changes are posted means you accept the revised Terms.
ELIGIBILITY AND ACCOUNTS
2.1 Age Requirement
The Service is not directed to children under 13. You may use the Service only if you are at least 13 years old and can form a binding contract with us. If you are under 18, you must have permission from a parent or legal guardian to use the Service, and they must agree to these Terms on your behalf.
2.2 Account Registration
To access certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
2.3 Account Security
You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.
2.4 Removal and Suspension
We reserve the right to suspend or terminate your account at any time, with or without cause, and without prior notice. The Service is not available to users who have been removed or banned from the Service.
SERVICE DESCRIPTION
Burial Cloud provides a digital memorial platform that enables individuals, families, and communities to honor and remember deceased persons, veterans, and pets through personalized memorial spaces. The Service includes, but is not limited to:
Creation of individual and family memorial pages
Uploading and storage of photos, videos, audio recordings, and written tributes
Family tree building and genealogy integration
“Heart Letters” – a digital correspondence feature allowing users to write, keep, burn, or place messages
Virtual candle lighting and other interactive rituals
Valor Memorial Park (War Memorial Wall) for honoring veterans
Companions Meadow for pet memorials
Caretaker AI voice assistant
Optional paid premium features and digital goods
The Service is for personal, non-commercial use only, unless otherwise agreed in a separate written agreement with us.
We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.
USER CONTENT AND CONDUCT
4.1 Ownership of User Content
You retain all ownership rights to any content you submit, post, upload, or otherwise make available through the Service (“User Content”), including but not limited to photos, videos, audio recordings, text, stories, letters, and biographical information.
4.2 License to Company
By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to host, store, display, reproduce, modify, and distribute your User Content solely for the purpose of operating, providing, and improving the Service. This license continues even after you stop using the Service, solely to the extent necessary to maintain your memorial in accordance with our perpetual care commitment.
4.3 Content Standards
You agree not to submit User Content that:
Infringes any third-party intellectual property or other rights
Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another’s privacy
Contains private information of others without their consent
Is misleading or fraudulent
Violates any applicable laws or regulations
4.4 Prohibited Conduct
You agree not to:
Use the Service for any commercial purpose without our prior written consent
Scrape, crawl, or use any automated means to extract data from the Service
Interfere with or disrupt the integrity or performance of the Service
Attempt to gain unauthorized access to the Service or its related systems or networks
Use the Service in any manner that could disable, overburden, or impair the Service
4.5 Content Moderation
We have the right, but not the obligation, to monitor, review, and remove any User Content that we, in our sole discretion, find violates these Terms or is otherwise objectionable. We also have the right to terminate or suspend your access to the Service for violating these Terms.
4.6 Family Disputes
In the event of a dispute among family members regarding the creation, management, or content of a memorial page, we will endeavor to respect the wishes of the memorial subject’s immediate family (spouse, children, parents, siblings). We reserve the sole right to determine how to resolve such disputes, including the right to remove or restrict access to the memorial page entirely.
INTELLECTUAL PROPERTY
The Service, including its code, design, layout, graphics, logos, text, and other materials, is owned by Burial Cloud LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.
Burial Cloud, the Burial Cloud logo, “Where Memories Come Alive”, “Caretaker”, and all related names, logos, product and service names, designs, and slogans are our trademarks or service marks. You may not use such marks without our prior written permission.
We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for your personal, non-commercial use in accordance with these Terms. This license does not include any right to modify, download (except page caching), reproduce, or otherwise exploit any portion of the Service without our express written consent.
PAYMENTS AND SUBSCRIPTIONS
6.1 General
Certain features of the Service may require payment of fees, including but not limited to premium memorial plots, digital goods (candles, flowers, decorations), and subscription plans. All fees are described on our pricing page and are subject to change with notice.
6.2 Billing
By purchasing any paid Service, you authorize us to charge your designated payment method for the total amount of your purchase, including any applicable taxes and fees. Payments are due at the time of purchase.
6.3 Subscription Services
If you purchase a subscription, your subscription will automatically renew at the end of each billing period unless you cancel it at least 30 days before the renewal date. We will bill the payment method on file for the renewal term.
6.4 Refunds
All purchases are final and non-refundable, except as required by applicable law. If you believe a charge is incorrect, you must notify us within 30 days of the charge date.
6.5 Price Changes
We may change our prices at any time. Price changes will apply to new purchases and subscription renewals after the effective date of the change. We will provide reasonable notice of any price changes.
PERPETUAL CARE TRUST AND DATA PRESERVATION
7.1 Perpetual Care Commitment
A portion of all fees from certain one-time memorial purchases (e.g., Legacy Plots, Companion Crypts, Family Mausoleums) is allocated to a restricted Perpetual Care Trust. This trust is designed to ensure the long-term hosting, maintenance, and format migration of your memorial data.
7.2 Preservation Guarantee
We commit to preserving your memorial data for the duration of your paid subscription and, for one-time purchases, for a minimum of 50 years from the date of your purchase through our Perpetual Care Trust, subject to the terms of the trust.
7.3 Data Portability
You may request an export of your memorial data at any time. We will provide your data in a standard, machine-readable format within a reasonable time after your request.
7.4 Succession Plan
In the event that Burial Cloud ceases operations, we have established a succession plan to transfer memorial data to a designated non-profit or archival institution to ensure continued access.
7.5 No Guarantee of Perpetual Access
While we make every effort to ensure the long-term preservation of memorial data, we cannot guarantee that technological changes or unforeseen events will not affect access. We will use commercially reasonable efforts to migrate data to new formats as technology evolves.
THIRD-PARTY SERVICES
Our Service may integrate with or link to third-party websites, applications, or services (e.g., payment processors, ElevenLabs for text-to-speech, Google Gemini API for AI responses). We are not responsible for the content, privacy policies, or practices of any third-party services. Your use of third-party services is at your own risk and subject to their respective terms and policies.
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY CONTENT, INCLUDING MEMORIAL DATA, WILL BE PRESERVED INDEFINITELY OR THAT YOU WILL BE ABLE TO ACCESS IT AT ALL TIMES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BURIAL CLOUD LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Burial Cloud LLC and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Service; (b) any User Content you submit; (c) your violation of these Terms; or (d) your violation of any rights of another person or entity.
TERMINATION
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will cease immediately. If you have a paid subscription, we will refund any unused portion of your subscription on a pro-rata basis.
You may terminate your account at any time by contacting us at legal@burialcloud.net. Upon termination, we will delete your account and associated User Content, except as necessary to comply with our perpetual care obligations or applicable law.
Sections that by their nature should survive termination shall survive termination, including but not limited to: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
GOVERNING LAW AND DISPUTE RESOLUTION
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. The Florida Revised Limited Liability Company Act (Chapter 605, Florida Statutes) shall apply to the governance of Burial Cloud LLC.
13.2 Dispute Resolution – Mandatory Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration shall take place in Duval County, Florida, and shall be conducted in English. You agree to waive any right to a trial by jury.
13.3 Class Action Waiver
You agree that any arbitration or proceeding shall be conducted only on an individual basis and not as a class, consolidated, or representative action. You expressly waive any right to participate in a class action lawsuit or class-wide arbitration.
13.4 Injunctive Relief
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm.
13.5 Small Claims Court
Either party may bring an individual action in small claims court in lieu of arbitration, provided that the dispute falls within the jurisdiction of the small claims court.
PRIVACY
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, and share your personal information.
14.5 Data Security – How We Protect Your Memories
We take the security of your personal data and memorial content seriously. Below are the primary measures we have implemented to safeguard your information.
Encryption at Rest and in Transit
All data stored on our servers is encrypted using industry‑standard AES‑256 encryption.
All data transmitted between your browser and our servers is protected by TLS 1.3 (the same level of encryption used by banks), which you can verify by the padlock icon and https:// in your browser’s address bar.
Access Controls
Access to user data is strictly limited to authorized personnel who need it to operate, maintain, or improve the Service.
We implement role‑based access controls and log all access to sensitive systems.
Secure Storage Architecture
Critical user data (including account credentials and memorial content) is stored on servers that are physically or logically separated from public‑facing systems.
We maintain redundant, geographically distributed backups to protect against data loss.
Regular Security Audits
We conduct periodic internal security assessments and vulnerability scans.
We use automated tools to monitor for potential security threats and unusual activity.
Data Minimization
We collect only the information necessary to provide the Service. We do not sell your personal data to third parties.
Incident Response
In the unlikely event of a data breach, we will notify affected users as required by applicable law and provide guidance on protective steps.
Third‑Party Security
Any third‑party service providers (such as payment processors, AI providers, and hosting services) are contractually obligated to maintain security standards consistent with this policy.
Your Responsibility
You play an important role in security by keeping your account password confidential and logging out after each session, especially on shared devices.
GENERAL PROVISIONS
15.1 Entire Agreement
These Terms, together with our Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and Burial Cloud LLC regarding your use of the Service and supersede all prior agreements and understandings.
15.2 Severability
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
15.3 Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
15.4 Assignment
You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign these Terms freely in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.
15.5 Force Majeure
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
15.6 Notices
We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Service. Notices shall be deemed effective on the date sent or posted.
CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
Burial Cloud LLC
2847 Tanglewood Blvd.
Orange Park, Fl. 32065
Email: es3aviking@burialcloud.net
SPECIAL PROVISIONS FOR SPECIFIC FEATURES
17.1 Comfort Visit Feature
The optional “Comfort Visit” feature, which provides AI-assisted or pre-recorded greetings from the deceased, is available only under the following conditions:
You must wait at least twelve (12) months after the date of death before activating this feature
You must provide documented consent from all immediate adult family members
You must consult with a licensed grief counselor (documentation of consultation required)
You acknowledge that the greeting is a digital memorial created from provided materials and is not actual communication from the deceased
You agree that this feature is provided “as is” and we make no warranties regarding its therapeutic efficacy
17.2 Heart Letters
The Heart Letters feature allows you to write, keep, burn, or place digital messages. You acknowledge that burning a letter permanently deletes the content and cannot be undone. We are not responsible for any emotional distress resulting from your use of this feature.
17.3 War Memorial Wall
When submitting a veteran’s name to the Valor Memorial Park, you represent and warrant that the information you provide is accurate and that you have the legal right to submit it. We reserve the right to verify submissions and remove any that we believe to be inaccurate or fraudulent.
ACKNOWLEDGMENT
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.