Terms of Use

1. About these terms

These Terms of Use (the “Terms”) are an agreement between you and Their Farewell, [registered address] (“Their Farewell”, “we”, “us”). They apply when you use theirfarewell.com and when you order a film from us.

Our Privacy Policy explains how we handle personal information, and our Film License explains how you may use the films we make for you. Both form part of these Terms.

By ordering a film, you accept these Terms. If you don’t agree with them, please don’t use the service.

2. What we do

Their Farewell makes short memorial films from the photos, words and (for some plans) voice recordings a family sends us. A film opens with their photos and captions. Depending on the plan, it ends with their portrait gently brought to life by artificial intelligence (AI), silently or speaking words you approve, in a voice recreated from their real recordings.

We make one finished film per order. We do not offer an ongoing conversation with an imitation of the person, and we will never contact you or anyone else in their voice.

3. Who can order

To order, you must be at least 18 and be either:

• a close family member of the person in the film (a spouse or partner, child, parent, sibling or grandchild), or
• someone acting with the permission of the close family, such as a friend or a funeral director arranging the film for them.

Please don’t order if you know that a close relative would object. Talk to them first. If a close relative of the person later asks us not to make or keep a film, we may stop work or remove the film. If we do this before delivery, we refund you in full.

4. AI, consent and honesty

Recreating someone’s face and voice is a serious thing. These rules protect the person, their family and everyone who watches the film:

• A film with AI-made images or speech must not be presented as a real recording of the person.
• We do not recreate anyone who asked, while alive, not to be recreated, and we do not recreate the voice of anyone who was under 18.
• A farewell message will not ask for money, give testimony or evidence, confess or apologise for things they never did, make promises on their behalf, promote any product, cause or political view, or say anything hurtful about a living person.
• We decline orders meant to deceive, harass or harm anyone, to make it seem the person is still alive, or to be used in any legal, financial or official matter.
• For a spoken farewell, the words are yours. When we help write them, nothing is made until you approve the text.

We may decline or stop any order that we believe breaks these rules. If we do, we refund what you paid for that order, unless the order was clearly made to cause harm.

5. Your photos, recordings and words

You keep all rights in what you send us (“your materials”). You confirm that you are entitled to send them and to let us use them as described here. Some photos — for example, by a professional photographer — may belong to someone else.

You give us permission to use your materials only to make, improve and deliver your film, to talk to you about it, and to keep them on the person’s page in Memories for later films, until you delete them. This permission is non-exclusive, free of charge, and ends when your materials are deleted.

We never use your materials, or the voice and likeness of the person in the film, to train AI models, and we never use your film in advertising or show it publicly without the family’s separate written permission.

That permission is a separate choice on the film’s page, made after the film is finished: whether we may show the film among our examples on our site (and, only if you tick it, a short clip on our social media pages), how to name the person, and whether we may show words you write about it. You may say no, and you may withdraw at any time on the same page; we then take it off the site at once. Saying no changes nothing about your order.

6. Orders, prices and payment

Prices are shown on the site, in your currency, before you pay, together with any option you add (such as faster delivery). Prices include any taxes we are required to charge, unless the checkout page says otherwise.

Payments are handled by our payment provider, Stripe. We never see or store your full card details. Your order is accepted, and our contract begins, when the payment is confirmed. Some payment methods (for example, a bank transfer) take a few days to confirm; we start work when the money arrives.

7. Making and delivering the film

We start work as soon as your payment is confirmed and everything we need has arrived. The time shown when you order — usually about 3 hours — is our honest estimate. If something might delay your film, we’ll tell you straight away, so you can plan around the service.

We deliver the film by email and on its page on our site. Anyone with the link to that page can watch the film, so please share it only with people you trust. You can ask us to remove the film at any time.

AI results can vary. We check every film by hand before it is sent, but a recreated face or voice is an interpretation and will never be exactly the same as the real person. Please judge the film with that in mind — and tell us if something doesn’t feel like them.

8. Changes and refunds

After you watch the film, two rounds of changes are included. Tell us what to change — a photo, a caption, the words, the music, the pace — and we make a new version. Extra rounds, or changes that would mean a different film (for example, a new plan), may cost extra; we always tell you the price first.

Our promise: if after two rounds of changes the film still doesn’t feel like them, we refund you in full. Write to [email protected] within 14 days of receiving the latest version.

Your right to cancel. If you live in the UK or the EU, the law usually gives you 14 days to cancel an online order. A film is personalised digital content made especially for you. When you order, you ask us to start straight away, and you agree that once we have started you lose the legal right to cancel. This doesn’t affect our promise above, or your rights if the film is faulty or not as described.

Refunds go back to the card or account you paid with, normally within 14 days of our decision.

9. Your account

You can order as a guest or with an account. You can sign in with a link we email you, or with a password. Please keep access to your email and password safe; you are responsible for what is done through your account.

If you invite family members to the person’s page, they can see the films and materials kept there. You can remove an invitation at any time.

10. Our site and our work

The site, its design and text, our film styles and templates, our music and our software belong to us or to the people who license them to us. Except for the rights described in the Film License, these Terms don’t give you any rights in them.

Please don’t copy or misuse the site: for example, don’t try to access other people’s films or data, interfere with how the site works, or use automated tools to collect its content.

11. Our responsibility to you

We make every film with care, and we are responsible for loss you suffer that is a foreseeable result of our breaking these Terms or of our failing to use reasonable care and skill.

We are not responsible for loss that was not foreseeable, for loss caused by events outside our reasonable control, or for business losses (the service is for personal and family use). Apart from the cases below, our total responsibility for an order is limited to the price you paid for it.

Nothing in these Terms limits our responsibility where the law does not allow it to be limited — for example, for death or personal injury caused by our negligence, for fraud, or for your statutory rights as a consumer.

12. Suspending or ending the service

We may suspend or close an account, or decline an order, if it is used in a way that breaks these Terms or the law. You can stop using the service and close your account at any time — write to [email protected] or delete the person’s materials from Memories.

13. Changes to these terms

We may update these Terms from time to time — for example, when we add a feature or the law changes. The version that applies to an order is the one in force when you placed it. If we make an important change that affects you, we’ll tell you by email.

14. Complaints and the law that applies

If something goes wrong, please write to us first at [email protected]. We reply within 2 working days and will do our best to put it right.

These Terms are governed by the law of England and Wales, and its courts can decide any dispute. If you are a consumer living elsewhere, you also keep the protection of the mandatory laws of your own country, and you may bring a claim in your local courts.

15. Contact us

Their Farewell, [registered address]. Email: [email protected].