Terms of Service

Terms of Service Top

Terms of Service

Last Updated: March 19, 2026

Welcome to DiaryOftheDead. By accessing or using our platform, you agree to be bound by these Terms of Service.

1. Acceptance of Terms

By creating an account or using DiaryOftheDead, you agree to these terms and our Privacy Policy. If you do not agree, please do not use our services.

2. Description of Service

DiaryOftheDead provides a platform for creating and maintaining digital memorial pages, allowing users to:

  • Create memorial diaries for deceased loved ones
  • Share photos, videos, and stories
  • Leave tributes and condolences
  • Participate in live memorial events
  • Purchase memorial products through our marketplace

3. User Accounts

  • You must be at least 13 years old to use our service
  • You are responsible for maintaining the confidentiality of your account
  • You agree to provide accurate and complete information
  • You may not use another person's account without permission

4. User Content & Zero Tolerance Policy

DiaryOftheDead has a zero-tolerance policy for objectionable content and abusive behavior. You retain ownership of content you post. By posting content, you grant us a non-exclusive license to display, distribute, and promote your content on our platform.

You agree not to post content that:

  • Is illegal, harmful, threatening, abusive, harassing, defamatory, or offensive
  • Contains hate speech, discrimination, or promotes violence
  • Contains sexually explicit, pornographic, or obscene material
  • Infringes on intellectual property rights
  • Contains false or misleading information
  • Violates the privacy of others
  • Promotes self-harm or suicide
  • Exploits or endangers minors in any way
  • Contains spam, malware, or phishing attempts

See our full Child Safety Standards for the zero-tolerance CSAE policy, reporting channels, and how we enforce these rules.

5. Content Moderation & Filtering

DiaryOftheDead employs both automated content filtering systems and human moderation to maintain a safe and respectful environment:

  • Automated filtering: Content is screened using AI-powered systems that detect nudity, violence, weapons, drugs, hate speech, and other objectionable material before publication.
  • User reporting: All users can flag objectionable content or abusive behavior using the in-app reporting mechanism.
  • 24-hour response commitment: Our moderation team reviews and acts on all content reports within 24 hours of submission. Objectionable content will be removed promptly upon verification.
  • User blocking: Users can block other users to immediately remove their content from their feed and prevent further interaction.
  • Transparency: When content is removed or accounts are actioned, the affected user will be notified of the reason.

6. User Conduct & Enforcement

Violation of these terms will result in enforcement action, which may include:

  • Warning: First-time minor violations may result in a warning.
  • Content removal: Objectionable content will be removed immediately upon verification.
  • Account suspension: Repeated violations or serious offenses will result in temporary or permanent account suspension.
  • Account termination: Users who provide objectionable content or engage in abusive behavior will be ejected from the platform. Terminated accounts cannot be reactivated.
  • Reporting to authorities: Illegal content, including child exploitation material, will be reported to the appropriate law enforcement agencies.

We reserve the right to take any enforcement action at our sole discretion to maintain the safety and integrity of the platform.

7. Memorial Pages

  • Memorial pages should only be created for deceased individuals
  • The creator is responsible for the accuracy of information
  • We reserve the right to remove inappropriate content
  • Family members may request to manage or remove a memorial

8. Payments and Refunds

  • All payments are processed securely through third-party providers
  • In-app purchases are processed through the platform's app store (Apple App Store or Google Play)
  • Wallet top-ups are non-refundable except in cases of fraud
  • Donations to memorial funds are generally non-refundable
  • Marketplace purchases are subject to individual seller policies

9. Prohibited Activities

You may not:

  • Use the service for any illegal purpose
  • Harass, abuse, or harm other users
  • Post objectionable, offensive, or abusive content
  • Attempt to gain unauthorized access to our systems
  • Use automated systems to access the service
  • Impersonate another person or entity
  • Circumvent content moderation or filtering systems
  • Create multiple accounts to evade enforcement actions

10. Termination

We may terminate or suspend your account at any time for violations of these terms. Users who provide objectionable content or exhibit abusive behavior will be ejected from the platform. You may delete your account at any time through the settings.

11. Disclaimer of Warranties

The service is provided "as is" without warranties of any kind. We do not guarantee uninterrupted or error-free service.

12. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, or consequential damages arising from your use of the service.

13. Changes to Terms

We may update these terms from time to time. Continued use of the service after changes constitutes acceptance of the new terms.

14. Contact Us

For questions about these Terms, contact us at:

Account Deletion

When you delete your account, we initiate a 30-day cooling-off period during which you may reactivate by logging in. After this period, your personal data is permanently and irreversibly deleted, including all memorial diaries you created that have no community contributions. Memorial diaries that contain tributes from other users will be transferred to our Unclaimed Memorials archive to preserve the memories others have shared. We may retain anonymized, aggregated data that cannot identify you for analytical purposes.

16. Fair Usage & Rate Limits

To maintain a high-quality experience for all users and prevent abuse, DiaryOftheDead enforces fair usage limits on certain activities:

Diary (Memorial Page) Creation: Users may create up to 5 memorial pages per month. This limit helps prevent spam and ensures each memorial receives proper attention and moderation.

Content Posting Limits:

  • Memories/Tributes: Up to 10 per hour and 25 per 24-hour period on other users' memorials
  • Comments: Up to 15 per hour and 50 per 24-hour period on other users' memorials
  • Stories: Up to 4 per hour and 10 per 24-hour period

Important Notes:

  • These limits apply to activity on other users' memorial pages. There are no posting limits on your own memorial pages.
  • Limits are subject to change. We will notify users of significant changes via updated Terms.
  • Users who consistently approach these limits may be subject to review under our content moderation policies.
  • If you believe you have a legitimate need that exceeds these limits, please contact us at [email protected].

11. Echo AI Companion — Disclaimer & Limitations

11.1 Beta Status. Echo AI ("Echo") is an experimental artificial intelligence feature currently in beta. Echo is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied.

11.2 Not Professional Advice. Echo is not a licensed counselor, therapist, medical professional, legal advisor, or financial advisor. Echo's responses are generated by artificial intelligence and should not be relied upon as professional advice of any kind. If you are experiencing a mental health crisis, please contact emergency services or a qualified professional immediately.

11.3 Accuracy Not Guaranteed. Echo may produce inaccurate, incomplete, outdated, or misleading information. Echo's responses are generated based on available context and AI language models, which can make mistakes, misinterpret context, or produce factual errors. Users should independently verify any factual claims made by Echo before relying on them.

11.4 No Liability for AI Content. DiaryOftheDead, its affiliates, officers, directors, employees, and agents shall not be held liable for any damages, losses, claims, or expenses arising from or related to:
(a) Any information, advice, or content provided by Echo;
(b) Any reliance placed on Echo's responses;
(c) Any decisions made based on Echo's output;
(d) Any emotional distress caused by Echo's responses;
(e) Any inaccuracies, errors, or omissions in Echo's content.

11.5 User Responsibility. By using Echo, you acknowledge and agree that:
(a) You use Echo at your own risk;
(b) You will not hold DiaryOftheDead responsible for any AI-generated content;
(c) You understand Echo is an AI and not a real person;
(d) You will exercise your own judgment regarding Echo's responses;
(e) You will report any inappropriate or harmful responses to our moderation team.

11.6 Data Usage. Echo may store conversation history to improve response quality. Your interactions with Echo may be used to:
(a) Improve Echo's response accuracy and relevance;
(b) Train and refine AI models;
(c) Generate anonymized analytics;
(d) Personalize your experience across sessions.
Your data is handled in accordance with our Privacy Policy.

11.7 Indemnification. You agree to indemnify and hold harmless DiaryOftheDead from any claims, damages, or expenses arising from your use of Echo or your reliance on any AI-generated content.

11.8 Modification & Termination. DiaryOftheDead reserves the right to modify, suspend, or discontinue Echo at any time without notice. We may also limit or restrict access to Echo at our sole discretion.

AI-Assisted Features

DiaryOftheDead uses AI to enhance uploaded photos (restoration via CodeFormer hosted by Replicate), draft obituaries, power chat assistance, and suggest tributes and milestones (text features via OpenAI). By uploading an image you consent to automated enhancement; the enhanced copy replaces the original. Declining AI features will sign you out.

Third-party processors: Replicate.com (photo enhancement, US), OpenAI (text features, US).

Marketplace Disputes, Refunds & Seller Compensation

When you pay for a marketplace item or service using Pay & Protect, your money is held by our licensed payment partner and is only released to the seller when you confirm delivery.

If a dispute or refund request is raised on a protected payment:

  • DiaryOftheDead will review the order and evidence provided by both the buyer and the seller.
  • Where the dispute is resolved in the buyer's favour, the held amount is returned to the buyer.
  • DiaryOftheDead reserves the right, at its sole discretion, to award the seller a portion of the deposited funds if, and only if, the seller has demonstrably made reasonable efforts to deliver the goods or has made verifiable arrangements to provide the service — for example proof of dispatch, documented delivery attempts, or documented preparation for an agreed service date.
  • Any portion awarded to the seller will reflect the seller's documented costs and efforts; the remainder is returned to the buyer.
  • Dispute decisions made by DiaryOftheDead following this review process are final.

Starting a Pay & Protect payment constitutes your acceptance of this dispute and refund policy.