Condiciones generales

Scope of Application

The legal provider of obituary.design is identified in the imprint.

The offer of obituary.design is intended for private, non-commercial use by individuals for informing relatives, friends, and other persons connected to the deceased. Any further or different use, including commercial, journalistic, archival, or automated use, requires the prior consent of the provider.

Except for ordinary indexing of public pages by general-purpose search engines in accordance with robots.txt and page-level indexing directives, automated retrieval, scraping, republication, or systematic extraction of obituaries, images, contact details, or other content from obituary.design by third parties is strictly prohibited without prior written permission from the provider.

Conclusion of Contract

The contract between the customer and the provider is concluded when the customer successfully places an obituary on the website and completes the associated payment.

The provider may refuse, suspend, or cancel an order if payment is not completed, if payment is reversed or disputed, or if there are reasonable grounds to believe that the obituary violates applicable law, third-party rights, these Terms and Conditions, or the legitimate interests of affected persons.

Provider's Services

Upon payment of the posting fee, the obituary remains accessible on obituary.design for the display period shown before checkout. Unless a different display period is stated at checkout, the obituary remains accessible for a period of 12 months. After this period, the obituary may be archived or removed from public view. Customers may request an extension of the display period for an additional fee.

Customers may request the deletion of their obituary at any time by emailing mail@obituary.design. Deletion may not immediately remove content from backups, caches, invoices, transaction records, or other records that the provider is legally or operationally required to retain.

obituary.design reserves the right to review, refuse, remove, suspend, archive, or make legal, technical, formatting, or safety-related modifications to obituaries without prior notice, particularly if they violate applicable laws, decency standards, third-party rights, these Terms and Conditions, or if there are reasonable doubts about the customer's authority to publish the obituary.

The provider may temporarily remove or restrict access to an obituary while reviewing complaints, rights claims, payment issues, or suspected misuse. The provider assumes no liability for improperly submitted obituaries or for consequences arising from their publication, correction, restriction, removal, or deletion, except where liability cannot be excluded under applicable law.

Complaints and Takedown Requests

Persons who believe that an obituary violates their rights, contains false information, was published without proper authority, or otherwise violates these Terms and Conditions may contact the provider by emailing mail@obituary.design.

Complaints should include the URL of the obituary, the complainant's name and contact details, a description of the issue, and, where relevant, evidence of the complainant's relationship to the deceased or authority to act. The provider will review complaints in good faith and will make reasonable efforts to respond within 72 hours on business days.

The provider may request additional information before taking action. Depending on the circumstances, the provider may correct, restrict, remove, or restore content, or may decline to take action if the complaint is not sufficiently substantiated.

Customer Obligations

The customer is responsible for ensuring that they are legally and factually authorized to create and publish the obituary and any related images, texts, names, dates, locations, family details, condolences, or other personal information submitted through obituary.design.

The customer must ensure that all information submitted is accurate and truthful to the best of their knowledge and that publication does not violate the rights, privacy, dignity, or legitimate interests of the deceased, relatives, named persons, image subjects, copyright holders, or other third parties.

The customer is responsible for ensuring that all image and text material submitted in the obituary does not infringe copyrights, trademark rights, image rights, privacy rights, publicity rights, personality rights, post-mortem personality rights, moral rights, or other rights of third parties.

The customer must obtain the required consent before publishing names, images, contact details, addresses, private family information, health information, sensitive information, or other personal data of living persons. Information about minors may only be submitted by a parent, guardian, or another person legally authorized to do so.

The provider may request evidence of authority, consent, relationship to the deceased, or rights ownership at any time. If the customer does not provide sufficient evidence, the provider may refuse, restrict, remove, or delete the obituary.

The following content is strictly prohibited:

  • Offensive, discriminatory, threatening, defamatory, or hate-related content
  • False, misleading, speculative, or intentionally incomplete information
  • Content that violates the privacy, dignity, reputation, or rights of others
  • Content published without proper authority from the family, estate, rights holder, or legally authorized person
  • Images, texts, music, symbols, logos, or other material used without the necessary rights
  • Private contact details, addresses, or sensitive personal information without proper consent
  • Any material that is illegal, promotes illegal activities, or interferes with the security or integrity of the service

The customer agrees to indemnify and hold the provider harmless from claims, losses, damages, costs, and reasonable legal expenses arising from content submitted by the customer, the customer's breach of these Terms and Conditions, or the customer's violation of third-party rights, except where such indemnification is not permitted by applicable law.

Payment Terms

The prices shown on obituary.design at the time of checkout apply. Any applicable taxes, fees, or currency conversion charges will be shown where required or will be determined by the customer's payment provider.

Payment is processed through third-party payment providers. The obituary will generally only be published or kept publicly accessible after successful payment confirmation. If a payment fails, is reversed, charged back, or flagged as suspicious, the provider may suspend or remove the obituary until the payment issue is resolved.

Intellectual Property

All intellectual property rights to the obituary content composed or uploaded by customers on obituary.design remain with the customer or the respective rights holders.

By using the service, the customer grants the provider a worldwide, non-exclusive, royalty-free license to host, store, reproduce, technically adapt, display, publish, transmit, back up, archive, restore, and otherwise use the submitted content solely to provide, operate, maintain, secure, improve, and document the obituary.design service and related customer support.

The provider will not use customer-submitted obituary content for general advertising or promotional purposes outside the service without the customer's separate consent, unless the content is used in an anonymized, aggregated, or non-identifying form.

The intellectual property of all templates, texts, images, illustrations, layouts, designs, software, and other materials provided by obituary.design remains with the provider or its licensors. The provider grants the customer a non-exclusive, non-transferable right to use these contents solely for the purpose of creating, displaying, downloading, and sharing obituaries created through the platform.

The provider reserves the right to moderate, restrict, remove, or make legal, technical, formatting, or safety-related edits to any user-generated content that violates these Terms and Conditions, applicable laws, third-party rights, or the legitimate interests of affected persons.

Refund Policy

Given the immediate and digital nature of the service, refunds are generally not provided once an obituary has been published or the ordered digital service has been substantially delivered. Customers are therefore asked to carefully review all obituary content, images, dates, names, and design choices before finalizing the order and making payment.

If the obituary could not be published due to a technical issue caused by the provider, or if a duplicate payment was made in error, the customer may request a refund by emailing mail@obituary.design.

Refund requests should be submitted within 14 days of purchase and will be reviewed on a case-by-case basis. Any refund, if granted, may be partial or full depending on the circumstances. Mandatory consumer rights and other rights that cannot be waived under applicable law remain unaffected.

Technical Requirements

The customer is responsible for using a suitable device, browser, internet connection, email address, and payment method. The provider is not responsible for errors or limitations caused by outdated browsers, incorrect customer information, blocked emails, local device settings, network issues, or third-party payment systems.

Service Availability and Maintenance

While the provider strives to ensure continuous availability of the service, obituary.design does not guarantee uninterrupted access to the platform. The service may be occasionally unavailable due to maintenance, updates, security measures, technical failures, third-party service disruptions, or factors beyond the provider's control.

In the event of planned maintenance that may cause significant service interruption, the provider will make reasonable efforts to notify users in advance. Emergency maintenance or unforeseen technical issues may require immediate action without prior notice.

The provider shall not be liable for any loss, damage, or inconvenience caused by the unavailability of the service, whether due to scheduled maintenance, emergency maintenance, third-party failures, or unforeseen circumstances, except where liability cannot be excluded under applicable law.

Changes to the Service and Terms

The provider reserves the right to make changes to the service, including but not limited to features, functionality, design options, display periods, pricing, payment methods, and technical requirements.

The provider may also update these Terms and Conditions from time to time. For significant changes that may affect customer rights or obligations, the provider will make reasonable efforts to provide notice through the website or, where appropriate, by email. The version of the Terms and Conditions accepted at the time of purchase applies to the respective order unless mandatory law requires otherwise.

Limitation of Liability

To the maximum extent permitted by applicable law, the provider is not liable for indirect, incidental, consequential, special, punitive, or reputational damages, loss of data, loss of profits, emotional distress, or claims arising from customer-submitted content, third-party actions, payment provider issues, or service interruptions.

Where liability cannot be excluded, the provider's liability is limited to the amount paid by the customer for the affected obituary, except in cases of intentional misconduct, gross negligence, injury to life, body, or health, or other liability that cannot be limited under applicable law.

Term, Archiving, and Deletion

The contract for an obituary ends when the agreed display period expires, when the obituary is deleted at the customer's request, or when the provider removes the obituary in accordance with these Terms and Conditions.

After the display period expires, the obituary may be archived, restricted, or removed from public view. Removed or deleted content may not be recoverable. The provider may retain records required for billing, accounting, security, fraud prevention, dispute handling, legal compliance, and internal documentation.

Severability Clause

If any provision of these Terms and Conditions is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected. Instead of the invalid or unenforceable provision, a provision shall apply that comes closest to the meaning and purpose of the original provision in legal and economic terms.

Applicable Law and Jurisdiction

Subject to mandatory consumer protection laws and other mandatory legal provisions, these Terms and Conditions are governed by the law applicable at the provider's place of business as identified in the imprint.

The exclusive jurisdiction for all disputes arising from or in connection with these Terms and Conditions is the competent court at the provider's place of business as identified in the imprint, unless mandatory law provides for another place of jurisdiction.

Before resorting to formal legal proceedings, users are encouraged to contact the provider about any disputes or concerns. The provider will work in good faith to resolve such issues informally where appropriate.

Privacy

See Privacy Policy.

Last Updated: May 6, 2026