1. Introduction & Acceptance of Terms
These Terms of Service (“Terms”) govern your access to and use of the Remembering service (“Service”), available at remembering.whopassedon.com. The Service is operated by Who Passed On LLC (“we,” “us,” or “our”), a Florida limited liability company with its principal place of business at 2800 North 6th St. #5199, St. Augustine, FL 32084.
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you are at least 13 years old. If you are under 18, you represent that you have your parent or guardian's permission to use the Service.
2. Description of the Service
Remembering is an online memorial platform that allows users to create memorial pages celebrating the life of a deceased person. The Service provides features including, but not limited to:
- Photo timelines with captions and dates
- Obituary and life story content
- Funeral and memorial service event details with location maps
- Community memories and condolences submitted by visitors
- Shareable memorial links
- QR codes linking to memorial pages
- Printable PDF keepsakes
- Family information and program details
The Service is available to individual users through tiered plans (Tribute, Legacy, and Eternal) and to funeral homes through a partner subscription program.
3. Account Registration
To create or manage a memorial, you must create an account with the Service. When creating an account, you agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information to keep it accurate
- Maintain the security of your account and not allow others to access your account
- Accept responsibility for all activity that occurs under your account
- Notify us immediately if you become aware of any unauthorized use of your account
You must be at least 13 years old to register for an account. Each person may maintain only one account. Accounts are non-transferable, except that memorial ownership may be transferred as described in Section 4.
We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.
4. Memorial Creation and Ownership
The person who creates a memorial is designated as its initial “owner.” The memorial owner has full control over the memorial, including the ability to:
- Edit all memorial content (obituary, life details, family information, event details)
- Upload and manage photos on the memorial timeline
- Approve or reject community-submitted memories and photos
- Choose the memorial's theme and visual settings
- Transfer ownership to another person
Memorial ownership may be transferred — for example, from a funeral home to a family member. Once ownership is transferred, the new owner assumes full control of the memorial, and the previous owner's access is limited to that of a standard visitor.
The memorial owner is responsible for the accuracy of the information displayed on the memorial. You represent that you have the appropriate authority to create a memorial for the named individual.
We reserve the right to remove memorials that violate these Terms, contain fraudulent information, or are created without appropriate authority.
5. Pricing, Payments, and Refunds
Memorial plans are available as one-time purchases at the following prices:
- Tribute: $4.99
- Legacy: $49.99
- Eternal: $94.99
Users may upgrade a memorial to a higher tier at any time. The upgrade price is the difference between the price of the current tier and the target tier. Downgrades are not available. All tier purchases and upgrades are final, and no refunds will be issued.
For memorials originally created by a funeral home partner and transferred to a family member, branding removal (which removes the funeral home's logo and link from the memorial) is available as a one-time purchase of $49.99.
All payments are processed securely by Stripe, Inc. By making a purchase through the Service, you also agree to Stripe's Terms of Service. We do not store your credit card information directly.
All prices are in US Dollars and may be subject to applicable taxes based on your location.
We reserve the right to change pricing at any time with reasonable notice. Price changes will not affect existing purchases or active subscriptions at the time of the change.
6. Funeral Home Partner Terms
Funeral homes that are registered partners on WhoPassedOn.com may subscribe to the Remembering partner program, which allows them to create memorial pages on behalf of the families they serve. Partner subscriptions are billed monthly via Stripe:
- Partner Standard: $99/month — includes 5 memorial pages per month; additional memorials at $9.99 each
- Partner Professional: $199/month — includes 20 memorial pages per month; additional memorials at $9.99 each
Memorials created through the partner program are full-featured, equivalent to the Eternal tier. Partners may create memorials on behalf of families and optionally transfer ownership to a family member at any time.
Partner branding (including the funeral home's logo and a link to their profile) appears on memorials they create, unless the memorial owner purchases branding removal as described in Section 5.
Partners are responsible for having appropriate authorization from families before creating memorials on their behalf. Partners must comply with all applicable laws and regulations regarding the handling of personal information of the deceased and their families.
We may modify the terms of the partner program, including pricing, at any time with 30 days' notice. We may terminate a partner's access for violation of these Terms or for any conduct that we determine, in our sole discretion, to be harmful to the Service or its users.
7. User-Generated Content
You retain full ownership of all content you upload to the Service, including photos, stories, memories, obituary text, family information, and any other materials (“Your Content”).
By uploading Your Content to the Service, you grant Who Passed On LLC a non-exclusive, worldwide, royalty-free license to host, store, display, reproduce, and distribute Your Content solely for the purpose of operating and providing the Remembering service. This license includes the right to display Your Content on memorial pages, in search results, and in any format necessary to deliver the Service (such as generating thumbnails or printable keepsakes).
This license continues for as long as Your Content remains on the platform. If you delete Your Content or request its removal, the license terminates, except that copies may persist in our backups for a reasonable period before being purged in the normal course of operations.
You represent and warrant that you have all necessary rights to upload Your Content and that it does not infringe on any third party's intellectual property rights, privacy rights, or other legal rights.
Community-submitted photos and memories are subject to approval by the memorial owner before being displayed publicly on the memorial page. The memorial owner may approve or reject any community submission at their discretion.
8. Content Guidelines
You agree not to upload, post, or transmit any content that is:
- Illegal, defamatory, libelous, or fraudulent
- Harassing, threatening, intimidating, or abusive toward any person
- Obscene, pornographic, or sexually explicit
- Infringing on any third party's intellectual property rights (including copyrights, trademarks, and patents)
- Spam, unsolicited advertising, or commercial solicitation unrelated to the memorial
- Containing viruses, malware, or other harmful computer code
- Deliberately false or misleading information about the deceased person
- Violating any applicable law or regulation
We reserve the right to remove any content that violates these guidelines at any time and without prior notice. We are not obligated to monitor all content but may do so at our discretion.
Repeated or egregious violations of these content guidelines may result in the suspension or permanent termination of your account.
9. Intellectual Property
The Remembering platform — including its design, source code, visual elements, branding, logos, and all original content created by Who Passed On LLC — is the exclusive property of Who Passed On LLC and is protected by applicable intellectual property laws.
You may not copy, modify, distribute, sell, lease, reverse-engineer, or create derivative works based on any part of the platform without our prior written consent.
“WhoPassedOn,” “Remembering,” and associated logos are trademarks of Who Passed On LLC. You may not use these trademarks without our prior written permission, except as necessary to accurately refer to the Service.
User-generated content remains the property of the respective users, subject to the license granted in Section 7.
10. Data Retention & Memorial Persistence
Published memorials are intended to persist indefinitely for as long as the Remembering service remains in operation. We understand the importance of preserving these tributes and make reasonable efforts to maintain memorial content over the long term.
However, we cannot guarantee perpetual availability of any content. Circumstances beyond our control — including but not limited to technical failures, business changes, or force majeure events — may affect the availability of the Service.
If the Remembering service is ever discontinued, we will make reasonable efforts to provide users with at least 90 days' notice and an opportunity to export their memorial data.
Draft (unpaid) memorials may be automatically deleted after 90 days of inactivity. We recommend completing and publishing your memorial promptly to ensure it is preserved.
11. Account Termination
You may request deletion of your account at any time by contacting us at support@whopassedon.com.
We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or behave in a manner that we determine, in our sole discretion, to be harmful to the Service, other users, or Who Passed On LLC.
Upon account deletion:
- Your profile information will be removed
- Memorials you own will remain published unless you also request their removal
- Community contributions you made to other users' memorials (memories, photos) will remain on those memorials, attributed to your name
If you are a memorial owner and request deletion of your memorial, all associated content — including photos, memories, events, and family information — will be permanently deleted. This action cannot be undone.
12. Third-Party Services
The Service integrates with and relies upon third-party service providers, including but not limited to:
- Stripe for payment processing
- Google Maps for event location display and address lookup
- Supabase for data storage and authentication
- Resend for transactional email delivery
- Vercel for hosting
Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, or conduct of any third-party service.
The Service may contain links to WhoPassedOn.com, including flower ordering pages and funeral home profiles. These links are provided as a convenience, and your use of WhoPassedOn.com is governed by its own Terms of Service.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHO PASSED ON LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID TO WHO PASSED ON LLC IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
WHO PASSED ON LLC IS NOT RESPONSIBLE FOR CONTENT UPLOADED BY USERS, INCLUDING ITS ACCURACY, COMPLETENESS, OR LEGALITY. MEMORIAL OWNERS AND CONTENT CONTRIBUTORS ARE SOLELY RESPONSIBLE FOR THE CONTENT THEY SUBMIT.
14. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WHO PASSED ON LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
WHILE WE MAKE REASONABLE EFFORTS TO PRESERVE MEMORIAL CONTENT OVER THE LONG TERM, WE DO NOT GUARANTEE THAT ANY CONTENT WILL BE PRESERVED INDEFINITELY.
15. Indemnification
You agree to indemnify, defend, and hold harmless Who Passed On LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Service; (b) Your Content or any content you submit to the Service; (c) your violation of these Terms; or (d) your violation of any rights of any third party.
16. Governing Law & Dispute Resolution
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 provisions.
Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in St. Johns County, Florida.
Before filing any legal claim, you agree to attempt to resolve the dispute informally by contacting us at support@whopassedon.com. We will attempt to resolve the dispute informally within 30 days. If the dispute is not resolved within that period, either party may proceed with formal legal action.
17. Changes to Terms
We may update these Terms from time to time to reflect changes to the Service, changes in the law, or for other reasons we determine to be necessary or appropriate.
If we make material changes, we will notify you by email (sent to the email address associated with your account) or by posting a prominent notice on the Service at least 14 days before the changes take effect.
Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you should discontinue your use of the Service. The “Last Updated” date at the top of this page indicates the date of the most recent revision.