MEMORIAL AI PLATFORM
Terms of Service, Informed Consent & Liability Waiver
Effective Date: [DATE] | Version: 1.0
This Agreement governs your use of the Memorial AI Platform (the “Platform”), a service that uses artificial intelligence to generate simulated conversational representations of deceased individuals. This technology is experimental, emotionally sensitive, and may not be appropriate for everyone. Use of the Platform may evoke intense grief, distress, or other strong emotional responses. If you are currently experiencing a mental health crisis, do not use this Platform and instead contact a licensed mental health professional or a crisis line such as the 988 Suicide & Crisis Lifeline (call or text 988).
SECTION 1 — PARTIES AND DEFINITIONS
1.1 Company. “Company,” “we,” “us,” and “our” refer to [COMPANY LEGAL NAME], a [STATE] [entity type, e.g., limited liability company], with its principal place of business at [ADDRESS] (“Company”).
1.2 User. “User,” “you,” and “your” refer to the individual who accesses or uses the Platform, including any person who creates an account, uploads materials, or initiates a session.
1.3 Platform. The “Platform” refers to the website, application, software, AI model, and all related services operated by the Company that generate simulated representations of deceased persons.
1.4 Likeness. A “Likeness” means any AI-generated text, voice, image, video, or behavioral simulation intended to represent a deceased individual, created using data submitted by the User.
1.5 Grief Session. A “Grief Session” refers to any interactive conversation or engagement between a User and a Likeness through the Platform.
1.6 Mental Health Crisis. A “Mental Health Crisis” includes but is not limited to active suicidal ideation, self-harm intent or behavior, or a state of acute psychological distress that impairs judgment.
SECTION 2 — ELIGIBILITY AND CAPACITY
2.1 Age Requirement. You must be at least 18 years of age to use the Platform. By accepting this Agreement, you represent and warrant that you are 18 or older.
2.2 Mental Health Status. By accepting this Agreement, you represent and warrant that, to the best of your knowledge:
- You are not currently experiencing active suicidal ideation or a Mental Health Crisis;
- You have not been hospitalized for psychiatric care within the past 30 days, unless cleared by a licensed mental health professional;
- You understand that interacting with a Likeness of a deceased person may intensify grief, and you are voluntarily assuming that risk.
2.3 Professional Guidance Recommended. The Company strongly recommends that you consult with a licensed grief counselor, therapist, or mental health professional before using the Platform, and at regular intervals during use.
2.4 No Use During Crisis. You agree that you will not use the Platform during any period in which you are experiencing a Mental Health Crisis, suicidal ideation, or severe psychological distress. If you begin experiencing such a state during a session, you agree to end the session immediately and seek professional help.
SECTION 3 — NATURE OF THE SERVICE; LIMITATIONS AND DISCLAIMERS
3.1 AI-Generated Content is Not Real. You acknowledge and agree that:
- The Likeness is an artificial construct generated by software algorithms and does not represent the actual thoughts, words, beliefs, intentions, or personality of the deceased individual;
- The Platform does not facilitate communication with deceased persons;
- Any statements made by a Likeness are AI-generated and may be inaccurate, inconsistent, or misleading;
- The Company makes no representation that any Likeness accurately reflects the deceased individual in any way.
3.2 Not a Medical or Therapeutic Service. THE PLATFORM IS NOT A SUBSTITUTE FOR PROFESSIONAL MENTAL HEALTH CARE, GRIEF COUNSELING, THERAPY, PSYCHIATRY, OR ANY OTHER LICENSED HEALTH SERVICE. Nothing on the Platform constitutes medical advice, psychological treatment, or a therapeutic relationship. The Company is not a healthcare provider.
3.3 Emotional Risk Acknowledgment. You acknowledge that use of the Platform carries inherent emotional and psychological risks, including but not limited to:
- Intensification of grief, sadness, or depression;
- Confusion about the nature of death or the finality of loss;
- Emotional dependency on or fixation with the Likeness;
- Triggering of traumatic memories;
- Onset or worsening of suicidal ideation or self-harm behaviors.
You voluntarily and knowingly assume all such risks.
3.4 No Guarantee of Accuracy. The Company does not guarantee that the Likeness will accurately represent the deceased individual. The Likeness is produced from data you provide and is subject to algorithmic limitations.
SECTION 4 — INFORMED CONSENT FOR PSYCHOLOGICAL RISK
4.1 Voluntary Participation. You confirm that your use of the Platform is entirely voluntary and that you have not been coerced or pressured into accepting this Agreement or using the service.
4.2 Full Disclosure of Risk. You acknowledge that the Company has made reasonable efforts to disclose the emotional and psychological risks of using the Platform, including the risk of grief-related distress and self-harm ideation.
4.3 Capacity to Consent. You represent and warrant that you are of sound mind and sufficient mental capacity to understand and consent to the terms of this Agreement and the risks described herein.
4.4 Right to Discontinue. You understand and acknowledge that you may discontinue use of the Platform at any time, for any reason, without penalty.
4.5 Crisis Resources Acknowledgment. You acknowledge that the Company has provided, and you have reviewed, the crisis resources listed in Section 9 of this Agreement. You agree to contact appropriate resources if you experience a Mental Health Crisis at any time during or after use of the Platform.
SECTION 5 — RELEASE, WAIVER, AND ASSUMPTION OF RISK
5.1 General Release. To the maximum extent permitted by applicable law, you hereby release, waive, discharge, and covenant not to sue the Company, its officers, directors, employees, agents, affiliates, licensors, and successors (collectively, the “Released Parties”) from any and all claims, demands, losses, damages, injuries (including psychological injury), costs, or liabilities of any kind, whether known or unknown, arising out of or in any way related to your use of the Platform.
5.2 Assumption of Risk. You expressly assume full and sole responsibility for all risks associated with your use of the Platform, including but not limited to:
- Psychological distress, grief intensification, or emotional harm;
- Self-harm ideation or behavior arising during or after use of the Platform;
- Reliance on Likeness-generated content as authentic or factual;
- Any adverse mental health outcomes.
5.3 Waiver of Unknown Claims. To the extent permitted by law, you waive any rights under statutes that limit the effect of a general release with respect to claims not known or suspected to exist at the time of signing.
5.4 Limitation on Liability. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, LOSS OF GOODWILL, PERSONAL INJURY, OR DEATH, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE PLATFORM, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE OF ACTION SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO THE COMPANY IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100.00).
5.5 Indemnification. You agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Platform; (b) your breach of this Agreement; (c) your violation of any applicable law; or (d) any claim by a third party related to the Likeness or data you submitted.
SECTION 6 — SAFETY PROTOCOLS AND COMPANY OBLIGATIONS
6.1 Crisis Detection. The Company endeavors to implement reasonable technological measures to detect language indicative of suicidal ideation or self-harm in Grief Sessions, including but not limited to AI-based content moderation tools.
6.2 Automatic Interruption. If the Platform detects language consistent with a Mental Health Crisis, the session may be automatically paused and crisis resources displayed. You acknowledge that this technology is imperfect and may fail to detect crisis language in some instances.
6.3 No Duty to Monitor. You acknowledge that the Company does not have a continuous duty to monitor your mental health status and that the safety measures described in this Section are provided on a best-efforts basis only.
6.4 Mandatory Session Limits. The Platform may impose per-session or per-day time limits on Grief Sessions as a safety measure. You agree to comply with such limits and acknowledge they are for your wellbeing.
6.5 Waiting Periods. The Company reserves the right to implement a waiting period between account creation and first use of the Platform to allow time for the User to seek professional guidance.
SECTION 7 — DATA, PRIVACY, AND INTELLECTUAL PROPERTY
7.1 User Data. By submitting photographs, audio recordings, text, or other materials to the Platform, you represent and warrant that you have all necessary rights, consents, and permissions to submit such materials and to authorize the Company to use them to generate a Likeness.
7.2 Deceased Person’s Estate. You represent and warrant that your use of the Platform does not violate any right of publicity, right of privacy, or other legal right of the deceased individual’s estate or surviving family members.
7.3 License Grant. You grant the Company a limited, non-exclusive, royalty-free license to use submitted materials solely for the purpose of generating and delivering the Likeness to you within the Platform.
7.4 Data Retention. The Company’s data retention and deletion practices are set forth in the Company’s Privacy Policy, which is incorporated herein by reference.
7.5 No Sale of Personal Data. The Company will not sell your personal data or Grief Session data to third parties. Aggregated, de-identified data may be used for product improvement purposes.
SECTION 8 — TERMINATION
8.2 Termination by Company. The Company reserves the right to suspend or terminate your access to the Platform at any time, with or without cause, including if the Company reasonably believes your use poses a safety risk.
8.3 Effect of Termination. Upon termination, your right to use the Platform ceases immediately. Sections 3, 4, 5, 7, and 10 survive termination of this Agreement.
8.1 Termination by User. You may terminate this Agreement and close your account at any time by contacting the Company at [SUPPORT EMAIL].
SECTION 9 — CRISIS RESOURCES (PLEASE SAVE THIS INFORMATION)
- 988 Suicide & Crisis Lifeline: Call or text 988 (US)
- Crisis Text Line: Text HOME to 741741 (US)
- International Association for Suicide Prevention: https://www.iasp.info/resources/Crisis_Centres/
- Emergency Services: 911 (US) or your local emergency number
- Your personal mental health provider or therapist
You acknowledge receipt of the above crisis resources and agree to use them if you experience a Mental Health Crisis.
SECTION 10 — GENERAL PROVISIONS
10.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of [STATE], without regard to its conflict of law provisions.
10.2 Dispute Resolution. Any dispute arising under this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall take place in [CITY, STATE]. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION LITIGATION.
10.3 Severability. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
10.4 Entire Agreement. This Agreement, together with the Privacy Policy and any additional terms incorporated by reference, constitutes the entire agreement between the parties with respect to the Platform and supersedes all prior agreements and understandings.
10.5 Amendment. The Company reserves the right to amend this Agreement at any time. Continued use of the Platform following notice of amendment constitutes acceptance of the revised terms.
10.6 No Waiver. Failure by the Company to enforce any provision of this Agreement shall not constitute a waiver of the right to enforce such provision in the future.
10.7 Force Majeure. The Company shall not be liable for any failure to perform its obligations hereunder due to causes beyond its reasonable control.
10.8 Contact. For questions regarding this Agreement, contact: [COMPANY LEGAL NAME], [ADDRESS], [EMAIL], [PHONE].
ACKNOWLEDGMENT AND SIGNATURE
By signing below (or clicking “I Agree” in the electronic interface), you confirm that you have read this Agreement in its entirety, understand its contents, and agree to be legally bound by its terms.
