Terms of service

MemorialBooked ("we" or "us" from here on) and you are both held to what this page says. Anyone who visits our site or signs up with us takes on what's written here. Not comfortable with it? Then please leave the site and don't start a plan.

Who these terms cover

Funeral homes on our plan. Once your home signs up, the agreement binds the business itself and each staff member or helper who logs in or works with our team for it. Signing up on the home's behalf is a statement that you're entitled to commit the home to this agreement. Wherever this page says "you", it usually means the home.

Visitors. Someone who only reads our site is bound by the parts on site use, plus our privacy policy.

Our SMS terms also cover texting, both ours and what funeral homes send through our software.

What the plan includes

Our single plan is built for independent funeral homes in the US and billed monthly. Here's what's in it.

Your website. Built, hosted and kept current by our team, with memorial pages, service times, your price list, a pre-planning form and every past obituary carried over.

Marketing and done-for-you work. Google and Facebook campaigns our team launches and manages inside your home's ad accounts, using ad creative from our designers or from you. Our people also handle local search, your home's Google Business Profile, social posts, review requests and the replies to reviews, pre-need marketing, and tribute videos made from a family's photos.

Funeral home software. Tribute walls on every memorial page; arrangement packages, e-signatures and card payments; pre-planning forms with automatic follow-up; case files and a family portal; one staff calendar with checklists; a full year of aftercare texts and emails; two-way texting, plus automatic replies to missed calls. AI tools come with it too: an obituary writer, photo touch-up and a night assistant for after-hours calls and texts.

Tracking and reporting. Call tracking numbers that tie each ringing phone to the ad or listing behind it, business reports, and a monthly summary in plain English that we write.

Your account manager. A named person on our team, familiar with how your home works, who handles anything you need help with.

Over time we may add features, change them or retire them. If a change removes a part of your plan that matters, we'll tell you before it happens.

Getting started

We work toward having your site live and your tools working two weeks from the day we first speak. That timeline needs your home's help: your logo, photos, past obituaries, details about your home and the account access we need, sent when we ask for them.

Billing and canceling

Month to month. The plan renews one month at a time, with no contract and no minimum length.

No setup fee. We agree on your monthly price with you during a free call; your invoice then carries that same amount. Getting started carries no extra charge.

Paying. Charges are due monthly, and you agree to keep them paid on time. Any tax that applies is charged in addition, except where we've said the price includes it. Should a payment fail and go unresolved, we may hold off on work until it's sorted out.

Price changes. We'll give you notice before any change to your price, and you can leave before it takes hold.

Canceling. To cancel, email sales@memorialbooked.com at any time, and billing stops from there. You keep everything through the last month you paid, with no refund for a partly used month.

Ad spend

Your ad budget never passes through us and isn't part of the plan. The ad accounts are your home's, and Google and Facebook bill it for every dollar spent in them. Budgets are set with your okay, and our team stays within them. Charges from an ad platform are for you and that platform to settle; we don't answer for them.

Your content and family records

Your content. Everything you hand us, from your logo and photos to obituaries and written copy, stays yours. We may use it in our work for you, such as on your site and in ads. By sending it, you confirm it's yours to share.

Your family records. Information on the families your home serves, along with case details, is your home's. Our role is to process it on your instructions, as your provider, following the law and our agreements with you. See our privacy policy for more.

What remains ours. We, or the companies we license from, own the software, the templates, the designs, our tools and our know-how. None of that passes to you because you use it.

Your responsibilities

Accurate details. Give us facts about your home that are correct and current, and let us know whenever something changes. It's up to you to check that your ads, listings and site are right.

Consent before messaging families. Whatever consent the law demands, your home must have it before reaching a family by text, call or email from our software. You're bound by carrier rules and by texting and calling law; Telephone Consumer Protection Act requirements are part of that. Anyone who asks to stop must stop hearing from you. Saying yes to marketing texts can't be required to buy from you or to receive your services.

Advertising rules. Your ads, site and messages have to follow advertising rules, and making sure they do is on you. That means FTC rules against deceptive ads, your state funeral board's rules, and Google's and Facebook's own ad policies. Only say what you can prove, and before featuring a family's story, review, photo or name, obtain whatever permission is legally needed.

Your privacy duties. Meeting your home's privacy-law duties, and keeping a privacy notice of your own, falls to you. Make sure that notice mentions what you run through us, including texting, call tracking and the tracking on your site.

Your professional decisions. How each family is served is your call. Software, AI tools and reports make the work easier, yet your own professional judgment still decides. Look over each AI draft before it's used, keep an eye on how the night assistant handles calls and texts, and, wherever the law says so, tell callers that AI is answering or the call is being recorded.

Your logins. Passwords stay private, and only staff with a real need get access. If an account may have been entered by someone who shouldn't have, email us immediately. Whatever is done under your logins is on you.

No guaranteed results

We'll give your home our best effort, yet no particular result is promised, whether that's a number of calls, arrangements, pre-need contracts, reviews or a search ranking. Much of it rests on factors we can't steer: your local market, how quickly your staff follows up, the size of your ad budget, and choices made by Google, Facebook and other platforms. Results aren't guaranteed.

Fair use

Spam, texts or emails sent to people who never opted in, anything illegal or misleading, and posting hateful or harmful material or material you have no rights to are all off limits on our site and software.

Breaking into systems or accounts that aren't yours, copying our work, reselling access or disrupting things for other users is off limits too.

Do any of that and we can suspend your plan or end it. In most cases you'll get a warning first, though not when it's serious or calls for fast action.

Platforms we don't run

Much of what we do runs through outside platforms, Google, Facebook, QuickBooks and the phone and text carriers among them, and some of our software is built on another company's technology. Each one's terms and policies also cover how you use it.

We have no say over those companies. If one changes a feature, rejects or removes an ad, cuts reach, suspends an account or goes offline, that's outside our responsibility, though we'll pitch in to help your home when it happens.

Limitation of liability

So far as the law lets us, our website and everything else we provide are offered "as is" and "as available". We give no warranties beyond what this page states, including implied ones that they're merchantable, fit for your intended use, or free of infringement. Our site and software may have errors or downtime, and we don't promise otherwise.

So far as the law lets us, we're not responsible for damages of an indirect, special, punitive, incidental or consequential kind, nor for lost income, profits, business, goodwill or data, even where we saw them coming. All claims together, whatever their basis in these terms or our work, can't cost us more than your fees for the three billing months that came before the claim.

Claims caused by your use. If we face a claim from someone because of messages you sent, ads you ran, content you supplied, or a breach of the law or these terms on your part, you'll pay the reasonable costs we incur, legal fees among them.

If your state's law rules out any of these limits, those particular limits fall away for you.

Ending the plan

Your side of ending the plan is explained in "Billing and canceling" above. Ours: we may end it with notice, or with none if you stop paying, breach these terms, or if your use of our software endangers us, families or anyone else.

Access to the software and our team stops on the day the plan ends. Ask before your plan's final day and we'll help you export a copy of your family records, obituaries, photos and other content. Whatever family information remains with us is dealt with as the law and our agreement with you direct.

Terms that by their nature outlive the plan, like money owed, ownership and liability limits, stay in force.

Changes to these terms

These terms will change every so often. When they do, the "Last updated" line above gets a new date, and we email homes on our plan about any big change. Keep using our software and team after a change starts, and you've accepted it. Otherwise, you're free to cancel.

If something's wrong, tell us before going anywhere else, so we have a fair chance to put it right.

Other legal points

Everything we've agreed is in these terms, the privacy policy, the SMS terms and whatever we've confirmed in writing for your plan. A separately signed agreement, for example one on handling family information, takes priority where it conflicts with this page.

Should a court find any part unenforceable, the remainder holds. Waiting to enforce a part doesn't mean we've given it up. Passing these terms to another party requires our written okay, while we can pass them on if MemorialBooked is sold or merged.

Contact us

Have a question about these terms? Write to us.

Email: sales@memorialbooked.com