Welcome to Write an Obituary ("App"). By accessing or using the App, you agree to comply with and be bound by these Terms of Service. If you do not agree with these terms, please discontinue use of the App.
1. App Usage
The App allows users to craft obituaries with the assistance of the ChatGPT API. The content generated by the ChatGPT API is provided for informational purposes only and should not be considered professional advice or a substitute for personalized assistance from a qualified professional.
You must be at least 13 years old to use the App. Users under 13 should discontinue use immediately.
You are responsible for ensuring that the information you submit does not include personal or identifiable information of any third parties without their consent. It is your responsibility to ensure the accuracy and appropriateness of the content you provide.
2. User-Generated Content
You retain ownership of any content you submit or share. By submitting content, you grant Write an Obituary a non-exclusive, royalty-free, worldwide, and perpetual license to use, reproduce, modify, distribute, and display such content in connection with the App and our business.
You acknowledge that the content you create may be sensitive and personal. You agree not to submit content that is offensive, defamatory, or violates the privacy of others. We reserve the right to remove any content that we deem inappropriate or harmful.
You represent and warrant that any content you submit does not infringe the intellectual property rights of any third party and that you have obtained any required permissions or consents.
3. Intellectual Property
Write an Obituary and its associated logos and trademarks are the intellectual property of Boolean LLC. You may not use these marks without prior written permission.
Any content generated by the ChatGPT API and provided through the App remains the intellectual property of its respective owners. You may use this content for personal and non-commercial purposes only.
4. Limitation of Liability
The App and its content are provided on an “as is” and “as available” basis. We do not guarantee the accuracy, reliability, or completeness of any content or information provided through the App.
You acknowledge that responses provided by the ChatGPT API may be generated based on a variety of sources and may not always be accurate, complete, up-to-date, or applicable to your specific situation. We are not responsible for any inaccuracies, misleading information, or outdated content provided by the ChatGPT API.
To the maximum extent permitted by law, Boolean LLC and its affiliates, officers, directors, employees, and agents are not liable for any indirect, incidental, special, punitive, or consequential damages arising out of or related to your use of the App or its content, whether based on warranty, contract, tort, or any other legal theory, even if informed of the possibility of such damage.
Aggregate liability: To the maximum extent permitted by law, our total liability for any claims relating to the App shall not exceed the greater of one hundred (US $100) or the amounts you paid (if any) for the App in the twelve (12) months preceding the event giving rise to the claim.
In the event of any dispute arising from or relating to these Terms of Service, you agree to first attempt to resolve the dispute through informal negotiation and mediation before pursuing legal action.
5. Modifications to the Terms
We reserve the right to modify or update these Terms of Service at any time. By continuing to use the App after such modifications, you agree to be bound by the revised Terms.
6. Governing Law
These Terms of Service are governed by and construed in accordance with the laws of the State of Tennessee and the city of Nashville, Tennessee, United States. Any disputes arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts in Nashville, Tennessee.
7. Acceptable Use
You agree not to misuse the App or assist others in doing so. Prohibited uses include, without limitation: posting content that is unlawful, defamatory, harassing, hateful, or infringes privacy; uploading malicious code; attempting to reverse engineer the App; or using the App to collect or process sensitive personal data without lawful basis or consent.
8. Generated Content and Ownership
You retain ownership of your submissions. Subject to applicable law, to the extent the App or its AI tools generate content for you, you may use such generated content for personal, non‑commercial purposes, and you grant us the rights necessary to operate, improve, and provide the App (including hosting, processing, and displaying your content). You are responsible for reviewing generated content for accuracy and appropriateness.
9. Third‑Party Services and Processors
The App integrates with third‑party services such as Firebase (hosting, authentication, database, analytics/crash reporting), Apple/Google in‑app purchases, and RevenueCat (subscription management). Your use of those services may be subject to their terms and privacy policies.
10. DMCA Notice and Takedown
If you believe content in the App infringes your copyright, please contact us at support@writeanobituary.app with: (a) identification of the copyrighted work and the allegedly infringing material; (b) your contact details; (c) a statement of good faith belief; and (d) a statement, under penalty of perjury, that you are the copyright owner or authorized to act on the owner’s behalf.
11. Indemnification
You agree to indemnify and hold harmless Boolean LLC and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your content or your misuse of the App.
12. Termination and Suspension
We may suspend or terminate access to the App immediately, without notice, for conduct that we reasonably believe violates these Terms, poses a risk, or is otherwise unlawful. Upon termination, provisions that by their nature should survive will survive.
13. Dispute Resolution and Arbitration
To the extent permitted by law, disputes will be resolved through binding arbitration on an individual basis. You waive any right to participate in class actions. If arbitration is not permitted, the courts located in Nashville, Tennessee shall have exclusive jurisdiction, and Tennessee law shall apply as set forth above.
14. Contact Us
If you have questions or concerns regarding these Terms of Service, please contact us at support@writeanobituary.app.