These Terms of Service (“Terms”) form a binding agreement between Afterword LLC, an Ohio limited liability company (“Afterword,” “we,” “us,” or “our”) and you (“you” or “User”). Our principal address is 6545 Market Ave North, Suite 100, Canton, OH 44721. For legal notices, contact legal@myafterword.co.
These Terms govern your access to and use of Afterword’s websites, mobile or desktop applications, related physical products, QR-code experiences, and any other services we make available (collectively, the “Service”).
By creating an account, accessing the Service, scanning an Afterword QR code, or otherwise using the Service, you agree to these Terms, our Privacy Policy, and our Acceptable Use Policy. If you do not agree, do not use the Service.
We may update these Terms from time to time. For material changes, we will notify you by email and/or by posting notice in the Service at least 30 days before the change takes effect. Your continued use after the effective date constitutes acceptance. If you do not agree, your remedy is to stop using the Service and close your account.
You must be at least 18 years old to create an account. The Service is intended for adults preserving content for themselves and their loved ones. We do not knowingly collect personal information from anyone under 13.
The Service is offered only to residents of the United States. We do not direct the Service to, or knowingly accept accounts from, residents of the European Economic Area, the United Kingdom, or Switzerland.
You represent that you are not barred from using the Service under applicable law and are not located in, or a resident of, a country subject to U.S. embargo.
We may use geolocation measures to detect and block access from outside the United States.
You retain ownership of the text, audio, video, images, stories, advice, and other material you submit to the Service (“User Content”).
You grant Afterword a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to host, store, cache, reproduce, modify (for formatting and technical purposes), create derivative works from, publish, publicly perform, publicly display, and distribute your User Content, in any media now known or later developed, solely for the purposes of operating, providing, securing, promoting, and improving the Service.
We may use excerpts of your User Content in de-identified or aggregated form to illustrate the Service, promote Afterword, or share human stories in marketing materials, blog posts, and other publications. You may opt an item of content out of external use by marking it “Private from Afterword publications” in your account settings; opt-outs apply prospectively.
“De-identified” means that we have removed or obscured information that could reasonably be used to identify you or the subject of the content, including names, dates, locations, and other identifying details, so that the information cannot reasonably be linked back to any individual.
Unless you separately and expressly opt in, Afterword will not use your User Content to train, fine-tune, or otherwise develop artificial-intelligence or machine-learning models, and we will contractually prohibit our service providers from doing so on our behalf.
You represent and warrant that: (a) you own or have all necessary rights to your User Content; (b) your User Content does not infringe, misappropriate, or violate the rights of any third party; (c) you have obtained any consents necessary from living third parties you depict or describe; and (d) your User Content complies with our Acceptable Use Policy.
The license in Section 6.2 survives termination with respect to (a) User Content you published publicly before termination and (b) de-identified excerpts already incorporated into published works.
Nothing in this section obligates Afterword to use, publish, retain, or preserve any User Content.
Our Acceptable Use Policy is incorporated into these Terms by reference. You agree to comply with it. Violations may result in content removal, account suspension, or account termination.
We have the right (but not the obligation) to review, monitor, refuse, edit, remove, restrict, or disable access to any User Content at any time. Where practicable and consistent with our obligations, we will provide you with reasonable notice of any content removal or account action, the reason for it, and an opportunity to appeal through our standard support process. We do not pre-screen all User Content. We may cooperate with law enforcement and respond to lawful requests.
We respect intellectual-property rights and respond to valid notices under the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe material on the Service infringes your copyright, send a written notice to our Designated Agent containing:
DMCA Designated Agent: Afterword LLC, 6545 Market Ave North, Suite 100, Canton, OH 44721, email dmca@myafterword.co.
We process audio recordings solely to store, stream, and display the content you choose to save through the Service. We do not create or use voiceprints or other biometric identifiers for authentication, identification, or marketing.
By recording audio through the Service, you consent to our collection, storage, transmission, and processing of the audio and any voice data embedded in it.
Before your first recording session, the Service will display a written disclosure explaining how your audio is collected, stored, and used. You must affirmatively acknowledge this disclosure before proceeding. If you record another person, you are responsible for obtaining that person’s informed consent prior to recording.
We retain audio recordings for as long as your account is active and for the retention period described in our Privacy Policy. You may delete recordings at any time through your account.
If you are a resident of Illinois (BIPA), Texas (CUBI), Washington (RCW 19.375), or another state with biometric-information laws, you retain all rights those laws provide.
Afterword does not use your User Content to train AI models. We contractually prohibit our infrastructure and service providers from using your User Content to train their models.
We may, from time to time, offer features that use AI or invite you to contribute content to AI training. Any such use requires your separate, informed, and revocable opt-in. You may withdraw your opt-in at any time; withdrawal will apply to future use but will not require deletion of model weights already trained on your content prior to withdrawal.
If we offer features that generate synthetic media from your content, we will describe those features clearly at the point of use and obtain any additional consents required by law.
Some content you publish is intentionally made publicly accessible through QR codes or shareable links. You acknowledge that:
The Legacy Contact feature is an “online tool” within the meaning of the Revised Uniform Fiduciary Access to Digital Assets Act (“RUFADAA”) and comparable state laws.
A designation made through this online tool takes precedence over any contrary instruction in a will, trust, power of attorney, or other instrument, to the fullest extent permitted by applicable law. We encourage you to ensure your estate planning documents are consistent with your designation here.
Your Legacy Contact must be at least 18, must have an Afterword account, and must complete an in-product acknowledgment of the role.
Unless you specify a narrower scope, your Legacy Contact will have authority to view your publicly published content, download an export package, post a memorial notice, and request deletion of your account. Your Legacy Contact does not automatically receive access to private messages, private drafts, or content marked “private until authorized.”
You may change or revoke your Legacy Contact at any time while your account is active. The most recent valid designation controls.
If we receive competing instructions or a credible dispute, we may suspend action, require a court order, or release content only to a duly appointed personal representative.
To activate Legacy Contact authority or respond to requests from an executor, administrator, or other personal representative, we may require a copy of the death certificate, proof of relationship or appointment, a government-issued ID of the requester, and any other documentation we reasonably require to verify authority.
Consistent with the Stored Communications Act (18 U.S.C. § 2701 et seq.), we may decline to disclose the contents of private communications absent lawful consent, a lawful subpoena or court order, or other legally sufficient authorization.
If you purchase a physical product (such as a QR plaque or keepsake card):
Some features or products require payment. By purchasing, you authorize us (directly or through our payment processor) to charge your payment method for all amounts due.
Subscriptions renew automatically at the then-current rate until cancelled. You may cancel through your account or by contacting billing@myafterword.co. Cancellation takes effect at the end of the current billing period; fees already charged are not refundable unless required by law.
The memorial legacy page and any accompanying physical plaque are offered as a one-time purchase and do not require an ongoing subscription for continued access to your published page.
The Service, the Afterword name and logo, and all related software, designs, graphics, and content (other than User Content) are the property of Afterword or its licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended personal purpose in accordance with these Terms.
THE SERVICE AND ANY PHYSICAL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. AFTERWORD EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
AFTERWORD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR PERMANENT; THAT CONTENT WILL BE PRESERVED; OR THAT ANY DEFECTS WILL BE CORRECTED.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AFTERWORD OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUES, DATA, CONTENT, GOODWILL, OR EMOTIONAL DISTRESS.
AFTERWORD’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO AFTERWORD IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE CLAIM AROSE AND (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the limitation or exclusion of certain damages, so parts of this section may not apply to you. These limitations do not apply to liability that cannot be limited by law, such as gross negligence, fraud, or willful misconduct.
You agree to defend, indemnify, and hold harmless Afterword and its officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your User Content; (b) your use of the Service; (c) your violation of these Terms; or (d) your violation of any applicable law or third-party right.
We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses. You may not settle any claim that imposes any obligation, restriction, or liability on Afterword without our prior written consent.
You may close your account at any time through your account settings or by emailing support@myafterword.co. We may suspend or terminate your account if we reasonably believe you have violated these Terms or created risk or legal exposure for Afterword.
On termination, we may delete your private User Content after 90 days. Publicly shared content and de-identified excerpts previously incorporated into published works may remain.
Before filing any claim, you agree to contact us at legal@myafterword.co and attempt in good faith to resolve the dispute for at least 30 days.
Except as set out below, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration, seated in Stark County, Ohio, and conducted in English.
You and Afterword agree to bring claims only in an individual capacity and not as a plaintiff or class member in any class, collective, consolidated, or representative action. The arbitrator has no authority to consolidate claims or certify a class.
You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to legal@myafterword.co with your name, account email, and a clear statement that you decline arbitration.
Either party may bring an individual action in small-claims court, and either party may seek injunctive relief in court to protect intellectual property or confidential information.
Except for claims not subject to arbitration, you and Afterword waive any right to a jury trial.
These Terms are governed by the laws of the State of Ohio without regard to conflict-of-laws rules. For any action not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Stark County, Ohio.
We are committed to making the Service accessible to people with disabilities. We aim to conform to WCAG 2.1 Level AA where feasible. See our Accessibility Statement for details and to report accessibility issues.
Incorporated into and forming part of the Terms of Service.
Afterword is a place to preserve stories, advice, and memories for the people who matter to you. This AUP sets the rules for content and conduct so the Service remains safe, respectful, and legal.
You may not upload, post, transmit, or otherwise make available through the Service any content that:
You may not:
Legacy content often involves other people — family members, friends, former colleagues. When your content depicts, describes, or quotes a living third party, you represent that you have all necessary rights and consents.
To report content or conduct that violates this AUP, email trust@myafterword.co or use the in-product “Report” control.
We may, at our discretion and without prior notice, remove or restrict access to content that violates this AUP, suspend or terminate accounts involved in violations, and refer matters to law enforcement where appropriate.
We may update this AUP from time to time. For material changes, we will provide at least 30 days’ advance notice by email or by posting notice in the Service before the change takes effect. Continued use of the Service after the effective date of any update constitutes acceptance of the revised AUP. If you do not agree to the updated AUP, you must stop using the Service.
Questions: trust@myafterword.co