Logo

Terms of Service

Effective Date: 12/01/2025

These Terms of Service ("Terms") govern your access to and use of the Messenger Memorial Maker software and related services (collectively, the "Service"), operated by Messenger Memorial Maker ("Company," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.

IMPORTANT: Please read these Terms carefully. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. By using the Service, you represent and warrant that you meet this requirement.

2. Description of the Service

Messenger Memorial Maker provides software tools to create, manage, and share digital memorials and related content. Features may include messaging, notifications, media uploads, customization options, and administrative tools.

We may modify, suspend, or discontinue any part of the Service at any time without liability.

3. Account Registration

To access certain features, you may be required to create an account. You agree to:

  • Provide accurate and complete information
  • Keep your login credentials secure
  • Notify us immediately of any unauthorized use of your account

You are responsible for all activities that occur under your account.

4. User Content

You retain ownership of all content you upload, submit, or create using the Service ("User Content"). By submitting User Content, you grant the Company a non-exclusive, royalty-free, worldwide license to use, host, store, display, reproduce, and distribute such content solely for the purpose of operating and improving the Service.

You represent and warrant that:

  • You have all necessary rights to the User Content
  • The User Content does not violate any law or third-party rights

We reserve the right to remove any content that violates these Terms.

5. Acceptable Use

You agree not to:

  • Use the Service for unlawful, harmful, or fraudulent purposes
  • Upload content that is offensive, defamatory, or infringes intellectual property rights
  • Attempt to gain unauthorized access to the Service or its systems
  • Interfere with or disrupt the operation of the Service

6. SMS Messaging Program (Opt-In)

6.1 Consent to Receive SMS Messages

As part of the memorial process, Messenger Memorial Maker may send SMS/text messages to family members with links to upload photos for memorial products. Before sending any SMS message, the funeral home director or authorized user must obtain verbal consent from the recipient and confirm this consent through our platform.

The consent confirmation includes the following acknowledgment:

"As part of the memorial process, we can send you a text message from Messenger Memorial Maker with a link to upload photos for your loved one's memorial product. Message and data rates may apply. You can reply STOP at any time to opt out of future messages. Do you agree to receive this text message?"

By checking the consent checkbox, the funeral home director confirms that verbal consent has been obtained from the recipient.

SMS Consent Flow Screenshot:

SMS consent checkbox screenshot showing the opt-in confirmation process

SMS messages may include:

  • Photo upload links for memorial products
  • Memorial-related reminders
  • Service updates

Consent is not a condition of purchase.

6.2 Message Frequency

Message frequency may vary depending on your interaction with the Service. Typically, recipients will receive one SMS message per photo upload invitation.

6.3 Costs

Message and data rates may apply. Check with your mobile carrier for details.

6.4 Supported Carriers

SMS delivery is subject to mobile carrier availability. We are not responsible for delayed or undelivered messages.

6.5 Opt-Out Instructions

You may opt out of SMS messages at any time by:

  • Replying STOP to any message
  • Clicking the opt-out link included in each SMS message

After opting out, you will no longer receive SMS messages from Messenger Memorial Maker unless you re-enroll.

7. Intellectual Property

The Service, including all software, text, graphics, logos, and trademarks, is owned by or licensed to the Company and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our prior written consent.

8. Termination

We may suspend or terminate your access to the Service at our discretion, with or without notice, if you violate these Terms. You may stop using the Service at any time.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

11. Indemnification

You agree to indemnify and hold harmless the Company and its affiliates from any claims, damages, liabilities, and expenses arising from your use of the Service or violation of these Terms.

12. Contact Information

If you have questions about these Terms or the SMS program, contact us at:

Messenger Memorial Maker
Email: help@messengerllc.com
Phone: 1-800-827-5151

13. Changes to These Terms

We may update these Terms from time to time. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the federal laws of the United States of America, without regard to conflict of law principles.

By using Messenger Memorial Maker, you acknowledge that you have read, understood, and agree to these Terms of Service.