Foveo Terms of Service

Last updated: April 1, 2026

These Terms of Service (the “Terms”) govern access to and use of the websites, web applications, mobile applications, broadcast pages, live streaming tools, recording access tools, family and guest experience tools, support resources, and related services provided by Foveo Memorial Services Inc. (“Foveo,” “we,” “us,” or “our”).

Foveo provides technology services that help funeral homes, cemeteries, crematories, families, and guests arrange, deliver, view, manage, and support funeral live streams, recordings, virtual identification sessions, and related online funeral experiences.

By accessing or using the Services, creating an account, registering for a broadcast, scheduling a live stream, using the DirectorView™ mobile application, viewing a broadcast, accessing a recording, or otherwise interacting with a Foveo website or application, you agree to these Terms and to our Privacy Policy. If you do not agree, you may not access or use the Services.

These Terms apply except where a separate written agreement between Foveo and a funeral home, cemetery, crematory, corporate customer, or other organization expressly governs the use of the Services. If there is a conflict between these Terms and a signed written agreement, the signed written agreement will control for that customer.

1. Definitions

For the purposes of these Terms:

“Funeral Home,” “Branch,” or “Customer” means a funeral home, cemetery, crematory, transfer service, or other organization or funeral services business that uses Foveo to schedule, manage, stream, record, or support funeral-related events.

“Family Account Holder” means the individual designated by a Funeral Home or family representative to receive secure, account-based access to a funeral service recording for private viewing, download where enabled, and personal family use.

“Foveo Platform” or “FXP” means Foveo’s Funeral Experience Platform, including foveo.app, foveo.stream, forever.link, Foveo websites, mobile applications, broadcast pages, guest registration pages, support tools, and related systems.

“Partner Offerings” means third-party or affiliated products, services, resources, links, tools, integrations, catalog experiences, registry experiences, ecommerce offerings, memorial gifts, bereavement products or services, grief resources, funeral pre-planning resources, insurance-related resources, estate planning resources, or similar offerings that may be made available through, linked from, embedded in, or integrated with the Services, a Funeral Home website, a broadcast page, a memorial page, guest communications, or related online funeral experiences.

“Registered Guest” means an individual who registers for, is invited to, or is granted controlled access to a live stream, recording, or related online funeral experience through Foveo.

“Services” means Foveo’s live streaming, recording, broadcast management, DirectorView™ mobile application, guest registration, automated communications, family access, support, virtual identification, integrated memorial resources, partner integrations, ecommerce integrations, registry experiences, and related guest experience tools, training, and related technology services.

“User,” “you,” or “your” means any person or organization that accesses or uses the Services, including Funeral Home staff, families, Family Account Holders, Registered Guests, online viewers, account users, and website visitors.

“User Content” means content, materials, media, data, information, audio, video, images, text, names, service details, obituary information, guest information, comments, instructions, or other materials submitted, uploaded, transmitted, displayed, or otherwise provided through the Services by or on behalf of a User, Funeral Home, family, or guest.

2. Services We Provide

Foveo provides an integrated platform and related services that may include:

secure live streaming of funeral ceremonies and related events;
remote broadcast management tools for Funeral Home staff;
the DirectorView™ mobile application for mobile live streaming, broadcast control, and offline recording where supported;
recording of live-streamed services and upload of offline recordings;
controlled access to funeral recordings for families, Funeral Homes, and Registered Guests where enabled;
technical support for scheduled live stream events;
training resources through Foveo’s Learning Centre;
virtual identification or other secure online family-session tools where available;
optional connectivity, equipment, integration, or professional videography coordination services where offered;
related websites, support resources, and customer tools;
guest registration and automated service-related communications, including confirmations, reminders, access information, recording information, thank-you messages, and post-service communications about family-selected memorial resources or registry information where enabled;
integrated access to memorial resources, bereavement resources, family-selected registry experiences, ecommerce tools, or Partner Offerings where enabled; and
links, embeds, buttons, catalog experiences, product or service recommendations, or related guest experience tools made available through the Foveo Platform, Funeral Home websites, broadcast pages, memorial pages, or guest communications.

Foveo may modify, enhance, update, suspend, or discontinue features from time to time. We will use commercially reasonable efforts to avoid materially reducing core functionality for active paying customers, but we may make changes where reasonably required for security, reliability, legal compliance, product improvement, third-party dependency changes, or operational reasons.

3. Who May Use the Services

You may use the Services only if you are legally able to enter into these Terms and you comply with these Terms and all applicable laws.

You may not use the Services if:

you have been suspended or removed from the Services by Foveo;
your use would violate applicable law;
you are using the Services on behalf of an organization without authority to do so; or
you are attempting to access a live stream, recording, account, or other private content without authorization.

If you use the Services on behalf of a Funeral Home, company, organization, family, or other person, you represent that you have authority to do so and that your use of the Services will comply with these Terms and any applicable agreement with Foveo.

If a minor accesses a live stream, recording, account, or other part of the Services, they may do so only with appropriate parental, guardian, family, Funeral Home, or other authorized involvement, and the person or organization authorizing that access is responsible for ensuring appropriate permission.

4. Account Registration and Security

Some Services require registration, authentication, or account access. You agree to provide accurate, current, and complete information and to keep your account information up to date.

You are responsible for safeguarding your account credentials, login links, passwords, access links, and any other authentication methods used to access the Services. You are responsible for activity that occurs through your account or access credentials unless caused by Foveo’s failure to maintain commercially reasonable security controls.

You must notify Foveo promptly if you become aware of unauthorized access, loss of credentials, improper sharing of a recording link or account, or any other suspected security issue.

Access credentials, family recording accounts, guest links, and private viewing access are intended only for the authorized recipient and must not be shared, posted publicly, resold, distributed, or used to provide unauthorized access to others.

5. License to Use the Services

Subject to your compliance with these Terms, Foveo grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose.

This license does not give you ownership of the Services, the Foveo Platform, Foveo software, Foveo trademarks, Foveo documentation, broadcast tools, workflow designs, interfaces, technology, or any related intellectual property.

You may not sublicense, resell, reproduce, copy, modify, reverse engineer, decompile, scrape, interfere with, or create derivative works from the Services except as expressly permitted by Foveo in writing.

6. Funeral Home and Customer Responsibilities

Funeral Homes and other Customers using the Services are responsible for:

ensuring staff are trained to use the Services and any related streaming equipment;
maintaining cameras, encoders, mobile devices, audio systems, internet connections, and related equipment in a stream-ready condition;
providing accurate scheduling, service, and contact information;
conducting reasonable pre-event checks;
obtaining all necessary permissions, consents, authorizations, releases, and waivers related to live streaming, recording, virtual identification sessions, and online guest access;
determining who should receive private family access, download access, guest access, or recording access;
selecting appropriate access settings and communicating access limitations to families and guests;
using the Services in compliance with applicable laws, including privacy, copyright, anti-spam, consumer protection, and funeral-service-related laws;
promptly reporting service issues to Foveo; and
ensuring that any content, instructions, data, or materials they provide to Foveo are accurate, lawful, and authorized.

Foveo is not responsible for failures, delays, degraded quality, missing content, audio or video issues, or recording issues caused by local equipment, venue conditions, local networks, internet connectivity, user error, third-party systems, or other factors outside Foveo’s reasonable control.

7. Family, Guest, and Viewer Responsibilities

Families, Family Account Holders, Registered Guests, and online viewers agree to use the Services respectfully, lawfully, and only for their intended purpose.

You must not:

access a live stream, recording, account, or private page unless you have been authorized to do so;
share private login credentials, family account access, guest links, or recording access with unauthorized individuals;
post private recording access links publicly;
copy, download, distribute, publish, livestream, rebroadcast, sell, commercially exploit, or publicly display any funeral recording or stream except where expressly authorized;
interfere with the Service or another person’s use of the Service;
submit false, misleading, unlawful, harmful, infringing, defamatory, abusive, obscene, or otherwise inappropriate content;
upload malware, harmful code, or content designed to disrupt the Services;
attempt to bypass access controls, security features, registration requirements, expiry controls, or usage limits; or
use the Services for harassment, spam, fraud, unauthorized marketing, or any unlawful purpose.

Funeral live streams and recordings may include private, sensitive, or emotionally significant content. You agree to treat all such content with care and respect.

8. Live Streaming and Recording Services

Foveo uses commercially reasonable efforts to provide reliable live streaming and recording services. However, live streaming is dependent on many factors outside Foveo’s control, including internet connectivity, mobile network availability, venue conditions, local equipment, audio systems, camera positioning, third-party platforms, cloud infrastructure, telecommunications providers, power availability, and end-user devices.

Foveo does not guarantee that a live stream or recording will be uninterrupted, error-free, continuously available, or free from audio, video, connectivity, quality, timing, synchronization, access, or playback issues.

Where Foveo provides live technical support, support is intended to help identify and resolve issues where reasonably possible. Support does not eliminate the inherent risks of live event streaming or guarantee a perfect broadcast or recording.

9. Recording Access, Retention, and Private Family Delivery

Foveo’s recording tools are intended to support temporary, controlled, private access to funeral service recordings. Recordings are not provided as a permanent public hosting service, public on-demand streaming service, or archival storage service.

Where recording access is enabled, recordings may be made available to a designated Family Account Holder through secure, account-based access for private viewing, download where enabled, and personal family use. Funeral Homes may also enable limited view-only access for Registered Guests, subject to the access settings selected for the service.

Unless otherwise agreed in writing or configured differently by the applicable Funeral Home:

Registered Guest view-only access, where enabled, may be limited to a temporary period following the broadcast;
Family Account Holder download access, where enabled, may be limited to a temporary period following the broadcast;
access may expire automatically at the end of the applicable access period;
recordings may be deleted from Foveo’s systems after the applicable access period or in accordance with Foveo’s standard retention practices; and
Funeral Home administrative access or download access, where enabled, may be made available for a separate temporary period following the broadcast, subject to the applicable service settings, written agreement, or Foveo’s standard retention practices.

Foveo does not guarantee long-term availability, restoration, recovery, or continued access to recordings after access expires or after recordings are deleted. Families are encouraged to download and retain a personal copy during the access period where download access is enabled.

Downloaded recordings are provided for private family use only. They must not be publicly posted, publicly distributed, commercially exploited, or uploaded to public platforms unless the person doing so has obtained all necessary rights, permissions, and consents.

Foveo may suspend, restrict, remove, or delete access to a recording or other content where Foveo reasonably believes doing so is necessary to address a security incident, prevent unauthorized access, comply with law, respond to an infringement claim, mitigate legal risk, enforce these Terms, or protect the Services.

Foveo does not control third-party obituary pages, third-party websites, social media platforms, or external systems where links, embeds, videos, or recordings may be displayed outside the Foveo Platform. Foveo is not responsible for access controls, public display, copying, downloads, sharing, or distribution that occurs outside the Foveo Platform.

10. Music, Copyright, and Content Rights

Funeral services may include music, readings, images, tributes, videos, photographs, slideshows, and other copyrighted or protected materials. Foveo provides technology that facilitates live streaming, recording, transmission, and private delivery of content, but Foveo does not select, review, monitor, approve, or control the content of funeral services.

The Funeral Home, family, event organizer, or person providing the content is responsible for determining whether they have the necessary rights, permissions, licenses, consents, and authorizations to perform, transmit, record, reproduce, upload, display, make available, or otherwise use any content through the Services.

Foveo does not provide legal advice and does not represent or warrant that use of the Services will satisfy copyright, music licensing, privacy, consent, or other legal requirements.

You agree not to use the Services to create, host, transmit, record, distribute, or make available content in a manner that infringes copyright, violates privacy rights, violates publicity rights, breaches confidentiality obligations, or otherwise violates applicable law.

Foveo does not grant, convey, sublicense, or obtain for you any rights in music, readings, photographs, tribute videos, recordings, or other third-party content. All such rights must be obtained independently by the person or organization responsible for using that content.

If you believe content made available through the Services infringes your rights, contact Foveo using the information in Section 29.

11. User Content and License to Foveo

You retain any rights you have in User Content you provide through the Services.

By submitting, uploading, transmitting, scheduling, displaying, or otherwise providing User Content through the Services, you grant Foveo a limited, non-exclusive, worldwide, royalty-free license to host, process, transmit, display, reproduce, store, copy, modify for technical formatting, and otherwise use that User Content solely as reasonably necessary to provide, operate, secure, support, improve, and maintain the Services and to comply with applicable law.

This license includes the right to make User Content available to the Funeral Home, family, Family Account Holder, Registered Guests, service viewers, support personnel, subprocessors, and third-party service providers as reasonably necessary to provide the Services and as configured for the applicable service.

Foveo does not claim ownership of funeral recordings, service content, family content, guest-submitted content, or Funeral Home customer relationships. As between you and Foveo, Foveo retains ownership of the Foveo Platform, Services, software, systems, workflows, designs, documentation, technology, trademarks, and all related intellectual property.

Foveo may use anonymized, aggregated, or non-identifiable data generated through use of the Services to operate, analyze, improve, and develop the Services, provided such data does not identify a specific individual, family, Funeral Home client, or guest.

12. Privacy and Data Protection

Foveo collects and uses personal information in accordance with our Privacy Policy and applicable privacy laws.

Depending on the Services used, Foveo may collect information such as names, email addresses, telephone numbers, attendance information, registration details, location information where available, service details, account information, communications, support requests, and technical usage information.

Foveo does not sell personal information. Where Partner Offerings are made available through the Services, personal information may be disclosed to the applicable provider only as described in the Privacy Policy, as directed by the User or Customer, as necessary to provide or facilitate the selected offering, or as otherwise permitted by law.

Foveo may use personal information to:

provide access to live streams, recordings, accounts, and related Services;
send service-related communications, confirmations, reminders, updates, thank-you messages, recording access information, and post-service communications about family-selected memorial resources, registry experiences, or related funeral-service resources where enabled;
support families, Funeral Homes, Family Account Holders, and Registered Guests;
operate, secure, troubleshoot, and improve the Services;
make guest or service-related information available to the applicable Funeral Home and family, where appropriate;
provide, display, personalize, support, or facilitate access to integrated resources, registry experiences, ecommerce tools, memorial products, grief resources, bereavement products or services, funeral pre-planning resources, insurance-related resources, estate planning resources, or other Partner Offerings where enabled and permitted by law;
send marketing communications where permitted by law and with any required consent; and
comply with legal obligations.

Foveo uses commercially reasonable administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, acquisition, loss, destruction, alteration, disclosure, or misuse.

No system is completely secure. Foveo cannot guarantee that unauthorized third parties will never defeat security measures, intercept communications, misuse access credentials, or improperly access information.

Where Foveo processes personal information on behalf of a Funeral Home or corporate customer, that customer may retain responsibility for determining the purposes and lawful basis for processing and for obtaining required consents.

13. Data Residency, Hosting, and Cross-Border Access

Foveo may host, process, store, transmit, support, and back up User Content, personal information, recordings, support information, system logs, communications, and related service data using third-party cloud infrastructure, communication systems, streaming infrastructure, support tools, payment processors, analytics providers, and other authorized service providers or subprocessors.

Unless expressly stated in a separate written agreement, order form, master services agreement, data processing agreement, or other written arrangement between Foveo and a Customer, Foveo does not guarantee that all User Content, personal information, recordings, support information, system logs, communications, or related service data will be stored, processed, accessed, transmitted, or backed up exclusively within Canada.

Where Foveo has expressly agreed in writing to provide Canadian data residency for a particular Customer, Foveo will use commercially reasonable measures designed to store applicable User Content and personal information in Canada, subject to the scope, exclusions, subprocessors, support access, legal requirements, emergency access, and operational limitations described in the applicable written agreement.

Certain third-party services, integrations, communication providers, payment processors, analytics tools, support tools, or Partner Offerings may process, transmit, store, or access limited information outside Canada where necessary to provide, secure, support, troubleshoot, maintain, improve, or integrate the Services, or where required by law, unless otherwise restricted by a specific written agreement with the applicable Customer.

14. Electronic Communications, Email, and Text Messages

By providing your email address, phone number, or other contact information, you consent to receive service-related communications from Foveo, including registration confirmations, live stream reminders, recording access information, recording access reminders, thank-you messages, support communications, security notifications, account notices, post-service communications about family-selected memorial resources, registry experiences, or related funeral-service resources where enabled, and other communications reasonably necessary to provide, complete, support, or administer the Services.

Where permitted by law and with any required consent, Foveo may also send informational or marketing communications. You may opt out of marketing communications by using the unsubscribe instructions provided in the message or by contacting Foveo. Opting out of marketing communications does not prevent Foveo from sending necessary service-related or transactional communications.

A service-related communication may include links to or information about family-selected memorial resources, registry experiences, memorial gift options, or related funeral-service resources where they are connected to the applicable funeral service or online funeral experience. Where a service-related communication includes a commercial element, Foveo may include sender identification, unsubscribe instructions, communication preferences, or other information as required or appropriate under applicable law.

If you receive text messages from Foveo, message and data rates may apply. You may opt out of text messages by replying “STOP” where supported. If you reply “STOP,” you may no longer receive important text updates related to a live stream, recording, or support request.

You are responsible for ensuring that any phone number or email address you provide belongs to you or that you have authority to provide it. You should take reasonable steps to protect your devices and messages, as others with access to your device may be able to view communications from Foveo.

15. Third-Party Services, Integrations, and Partner Offerings

The Services may rely on, integrate with, link to, embed, display, or otherwise make available third-party websites, platforms, tools, products, services, resources, or Partner Offerings, including cloud hosting providers, telecommunications networks, internet service providers, streaming infrastructure providers, email and SMS delivery providers, payment processors, obituary platforms, funeral home websites, memorial websites, ecommerce platforms, memorial product and service providers, grief resources, bereavement support providers, funeral pre-planning providers, insurance providers, estate planning providers, professional videographers, A/V technicians, and other third-party systems or service providers.

Foveo may make available, or enable Funeral Homes to make available, links, buttons, embedded tools, catalog experiences, registry experiences, product recommendations, memorial gift options, grief-support resources, bereavement products or services, funeral pre-planning resources, estate planning resources, insurance-related resources, or similar offerings through the Foveo Platform, Funeral Home websites, broadcast pages, memorial pages, guest communications, or related online funeral experiences.

Unless expressly stated otherwise, third-party services and Partner Offerings are provided by independent third parties and not by Foveo. Your use of those services or offerings may be subject to separate terms, privacy policies, notices, purchase terms, refund policies, shipping policies, subscription terms, eligibility requirements, legal disclosures, or other conditions of the applicable provider.

Foveo is not responsible for the availability, performance, security, privacy practices, terms, policies, content, products, services, advice, recommendations, representations, acts, omissions, failures, delays, defects, refunds, deliveries, losses, or disputes involving third-party services or Partner Offerings that are outside Foveo’s control.

Foveo does not provide legal, financial, insurance, tax, estate planning, medical, mental health, grief counselling, or professional advice. Any resources, information, products, services, or Partner Offerings made available through the Services are provided for convenience and informational purposes only unless expressly stated otherwise. You are responsible for evaluating whether any third-party product, service, resource, or provider is appropriate for your circumstances.

If you choose to interact with, purchase from, register with, request information from, or otherwise use a third-party service or Partner Offering, Foveo may transmit information to the applicable provider as necessary to complete your request, facilitate the integration, process a transaction, provide the requested resource, or support the applicable funeral-related experience, in accordance with our Privacy Policy.

Foveo may receive referral fees, commissions, platform fees, transaction fees, revenue share, sponsorship fees, or other compensation from third-party or Partner Offering providers where permitted by law.

Where Foveo coordinates optional third-party professional videography, A/V, memorial, ecommerce, bereavement, pre-planning, insurance-related, estate planning, or other services, such providers are independent contractors or third-party providers and are not Foveo employees unless expressly stated. Availability may vary by market, schedule, provider capacity, eligibility, and other factors outside Foveo’s control.

16. Connectivity Services and SIM Cards

Where offered and requested, Foveo may provide optional wireless connectivity services, SIM cards, mobile data plans, or related equipment to support live streaming.

Connectivity services depend on third-party telecommunications carriers, local coverage, network congestion, signal strength, device performance, venue conditions, and other factors outside Foveo’s control. Foveo does not guarantee network coverage, bandwidth, upload speed, uninterrupted connectivity, or successful transmission using any SIM card, carrier, or data plan.

You are responsible for proper use, handling, safeguarding, return, and authorized use of any SIM card, mobile device, or related equipment provided by Foveo. You may be responsible for loss, damage, misuse, unauthorized use, replacement, recovery fees, excessive usage, or additional charges associated with such connectivity services.

Foveo may suspend, restrict, or terminate connectivity services where usage is excessive, unauthorized, unlawful, non-compliant with policies, or may result in additional cost, operational risk, security risk, or legal risk to Foveo.

17. Fees, Payment, and Subscriptions

Fees, subscription plans, included usage, overage rates, billing cycles, payment methods, renewal terms, cancellation rights, and support inclusions may be set out in an order form, online checkout, invoice, pricing page, written agreement, or other service-specific terms.

Unless otherwise stated:

subscription fees are billed in advance;
usage-based fees and overage fees may be billed after the applicable usage occurs;
fees are exclusive of applicable taxes;
you authorize Foveo or its payment processor to charge your approved payment method for applicable fees;
you are responsible for maintaining accurate billing and payment information; and
late, failed, disputed, or unpaid amounts may result in suspension, restriction, or termination of access to the Services.

Foveo may change pricing, subscription plans, included usage, support offerings, or service features on a prospective basis. For active subscription customers, changes will take effect at renewal or after reasonable notice, unless otherwise agreed in writing or required due to material third-party cost increases, legal changes, taxes, regulatory requirements, or operating cost changes outside Foveo’s reasonable control.

18. Support Services

Foveo may provide live stream support, general customer support, technical support, guest support, and training resources as described in applicable service materials, support schedules, written agreements, or Foveo’s Learning Centre.

Support availability and response times may vary based on service type, customer plan, event timing, support volume, issue severity, staff availability, holidays, and circumstances outside Foveo’s control.

Any stated response or resolution times are targets only unless expressly agreed in a signed written agreement. Foveo does not guarantee that every issue can be resolved, that a live event can be corrected in real time, or that support will prevent all interruptions, quality issues, or recording failures.

19. Service Availability and Limitations

Foveo will use commercially reasonable efforts to maintain reliable access to the Services. However, the Services may be unavailable, delayed, degraded, interrupted, suspended, or limited due to:

scheduled or emergency maintenance;
internet, local network, or bandwidth issues;
mobile network or telecommunications failures;
hardware, camera, encoder, audio, power, or venue issues;
third-party provider failures;
cyberattacks, security incidents, or malicious activity;
user error or misconfiguration;
force majeure events;
legal, regulatory, copyright, privacy, or security concerns;
excessive usage or policy violations; or
circumstances outside Foveo’s reasonable control.

Foveo does not guarantee uninterrupted, error-free, continuous, or fully secure operation of the Services.

20. Acceptable Use

You agree not to:

use the Services for unlawful, harmful, deceptive, fraudulent, abusive, defamatory, obscene, invasive, harassing, infringing, or unauthorized purposes;
upload, transmit, distribute, or make available content that infringes intellectual property rights, violates privacy rights, or violates applicable law;
interfere with, disrupt, overload, damage, disable, or impair the Services;
attempt to gain unauthorized access to accounts, streams, recordings, systems, networks, or data;
bypass, disable, or interfere with access controls, security features, registration requirements, usage limits, recording expiry controls, or download restrictions;
scrape, crawl, index, extract, harvest, or collect data from the Services except as expressly authorized;
reverse engineer, decompile, modify, copy, resell, sublicense, or exploit the Services;
impersonate another person or organization;
misrepresent your identity, authority, affiliation, or permissions;
use the Services to send spam, unauthorized marketing, chain letters, or unlawful communications;
upload malware, viruses, harmful code, or disruptive technologies;
use the Services in a way that could expose Foveo, a Funeral Home, a family, or another user to legal risk; or
encourage or assist others in violating these Terms.

Foveo may investigate suspected violations and may suspend, restrict, or terminate access to the Services or remove content where Foveo reasonably believes these Terms have been violated.

21. Intellectual Property

Foveo retains all rights, title, and interest in and to the Services, Foveo Platform, software, mobile applications, websites, workflows, interfaces, documentation, training resources, designs, trademarks, service marks, logos, trade names, technology, and all improvements, modifications, and derivatives of them.

You may not use Foveo’s name, logos, trademarks, service marks, product names, screenshots, branding, or marketing materials without Foveo’s prior written permission except as permitted by law.

Nothing in these Terms grants you any ownership interest in Foveo’s intellectual property.

22. Feedback

If you provide ideas, suggestions, comments, requests, or feedback about the Services, you grant Foveo the right to use that feedback without restriction or compensation to you, provided Foveo does not disclose your confidential information or personal information except as permitted by these Terms and our Privacy Policy.

23. Confidentiality

If you receive non-public information from Foveo or another user through the Services, including private family information, service details, recording links, support information, technical information, pricing, security information, or business information, you must use it only for the purpose for which it was provided and must not disclose it except as authorized.

Funeral-related information may be private, sensitive, and emotionally significant. You agree to handle such information with reasonable care.

24. Disclaimer of Warranties

To the fullest extent permitted by law, the Services are provided on an “as is” and “as available” basis.

Foveo disclaims all warranties, express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, error-free operation, security, accuracy, availability, quality, compatibility, or suitability for any particular event, venue, network, device, or purpose.

Foveo does not warrant that:

a live stream or recording will be uninterrupted, error-free, complete, or available;
audio or video quality will meet any particular expectation;
a recording will be recoverable after deletion or expiry;
access controls cannot be bypassed or misused by end users;
third-party services will be available or perform correctly;
all content transmitted through the Services is lawful or properly licensed;
the Services will satisfy any legal, copyright, privacy, funeral home, family, or guest requirement; or
any third-party product, service, resource, Partner Offering, recommendation, grief resource, bereavement product or service, pre-planning resource, insurance-related resource, estate planning resource, ecommerce transaction, registry experience, or memorial product will meet your needs, be available, be accurate, be suitable, or be free from error, delay, defect, or dispute.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

25. Limitation of Liability

To the fullest extent permitted by law, Foveo and its officers, directors, employees, contractors, agents, licensors, service providers, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or similar damages, or for any loss of profits, revenue, goodwill, data, content, recordings, business opportunity, emotional distress, reputational harm, or other intangible loss arising out of or relating to the Services or these Terms, whether based in contract, tort, negligence, strict liability, statute, or any other legal theory, even if Foveo has been advised of the possibility of such damages.

Foveo will not be liable for disputes, losses, claims, damages, delays, defects, refunds, delivery issues, advice, recommendations, or outcomes arising from or relating to third-party services or Partner Offerings outside Foveo’s control.

To the fullest extent permitted by law, Foveo’s total aggregate liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of: (a) the amount paid to Foveo for the specific Service giving rise to the claim during the three months before the event giving rise to the claim; or (b) $100 CAD.

The limitations above do not limit liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, or other liability that applicable law does not permit to be excluded or limited.

26. Indemnification

You agree to indemnify, defend, and hold harmless Foveo and its officers, directors, employees, contractors, agents, licensors, service providers, and suppliers from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable legal fees, arising out of or relating to:

your use or misuse of the Services;
your breach of these Terms;
your User Content or instructions;
your violation of applicable law;
your violation of another person’s rights, including privacy, publicity, copyright, trademark, or other intellectual property rights;
content transmitted, performed, recorded, uploaded, displayed, distributed, or made available through the Services by you or on your behalf;
your failure to obtain required consents, permissions, licenses, waivers, or authorizations;
unauthorized sharing, posting, distribution, or public display of a recording, stream, link, login, or access credential;
your negligence, willful misconduct, or fraud;
your purchase, use, misuse, or reliance on any third-party service or Partner Offering; or
information, instructions, or content you provide to a third-party provider through or in connection with the Services.

Foveo may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with Foveo in the defense of such matter.

27. Suspension and Termination

Foveo may suspend, restrict, or terminate your access to all or part of the Services if:

you violate these Terms;
your account, access link, recording, or content creates a security, privacy, legal, copyright, operational, or reputational risk;
payment is overdue or cannot be processed;
your use is excessive, abusive, unauthorized, or unlawful;
Foveo is required to do so by law, court order, regulator, rights holder, or service provider;
a Funeral Home, family representative, or authorized customer requests that access be removed; or
continued access may harm Foveo, a Funeral Home, a family, a guest, another user, or the Services.

Upon termination or expiry of access, your right to use the Services will cease. Foveo may delete or disable accounts, links, recordings, User Content, or data in accordance with these Terms, applicable agreements, applicable law, and Foveo’s standard retention practices.

Sections that by their nature should survive termination will survive, including provisions relating to intellectual property, User Content licenses, privacy, recording restrictions, confidentiality, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution.

28. Force Majeure

Foveo will not be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, fire, flood, extreme weather, war, terrorism, civil unrest, labour disputes, epidemics, pandemics, power failures, internet disruptions, telecommunications failures, network outages, cyberattacks, third-party provider failures, government actions, changes in law, or other events beyond Foveo’s reasonable control.

29. Copyright Notices and Rights Complaints

If you believe content available through the Services infringes your copyright or other rights, please contact Foveo with sufficient information to identify the content and the nature of the concern.

Contact:

Foveo Memorial Services Inc.
Attention: Legal Department
2 Mission Inn Grove
Ottawa, Ontario K2R 1C6
Canada
Phone: 587-858-4949
Email: [email protected]

Foveo may remove or restrict access to content where it reasonably believes the content may infringe rights, violate law, violate these Terms, or expose Foveo or its customers to legal risk.

30. Governing Law and Dispute Resolution

These Terms and your use of the Services are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of law principles.

The courts located in Ontario, Canada will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Services, except that Foveo may seek urgent injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, security, systems, users, or rights.

Before commencing legal proceedings, the parties will use reasonable, good-faith efforts to resolve disputes informally, unless urgent relief is required.

31. Changes to These Terms

Foveo may update these Terms from time to time by posting revised Terms on its website or within the Services. The “Last updated” date will indicate when the Terms were last revised.

Changes will apply on a going-forward basis. Your continued use of the Services after revised Terms become effective means that you accept the revised Terms.

For material changes affecting active paying customers, Foveo will use commercially reasonable efforts to provide reasonable notice where practicable, unless changes are required sooner for security, legal, operational, or third-party dependency reasons.

32. General Terms

These Terms, together with the Privacy Policy and any applicable service-specific terms, order forms, pricing terms, or written agreements, constitute the entire agreement between you and Foveo regarding your use of the Services.

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions will remain in effect.

Foveo’s failure to enforce any provision of these Terms is not a waiver of its right to do so later.

You may not assign or transfer these Terms or your rights under them without Foveo’s prior written consent. Foveo may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or transfer of the Services.

Headings are for convenience only and do not affect interpretation.

33. Contact Information

If you have questions about these Terms, please contact:

Foveo Memorial Services Inc.
Attention: Legal Department
2 Mission Inn Grove
Ottawa, Ontario K2R 1C6
Canada
Phone: 587-858-4949
Email: [email protected]