Terms of Service

Welcome to Viaterna. 

Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”), they govern your use of our website, app or any other service brought to you by Martin Ahl & Partners AB. The Site, App and our services are collectively called the “Services” in this document.

By downloading, viewing, using, accessing, browsing, or submitting any content or material on or to the Services, you agree to these Terms of Use as a binding legal agreement between you and Martin Ahl & Partners AB, without limitation or qualification. The term “you” or “You” shall refer to any person or entity who downloads, views, uses, accesses, browses or submits any content or material to the Services.

If you do not agree with any of these Terms, you are prohibited from using or accessing the Services. The materials contained in the Services are protected by applicable copyright and trademark law.

We may update the Terms at any time, in our sole discretion The update will be posted on the Viaterna.com website. It’s critical that you review any updates to the terms. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you are not agreeing to the new terms, you are not allowed to use the service. Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

User License

We hereby grant all you the temporary right to download any content on the Platform for personal, non-commercial transitory viewing only, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted.

User Conduct

You agree that your use of the Services is subject to all applicable local, state, national and international laws and regulations. You also agree:

•        to comply with Swedish law and local laws or rules regarding online conduct and acceptable Material, and regarding the transmission of technical data exported through the Services from Sweden or the country in which you reside;

•        not to host, submit content to or use the Services without the consent of a parent, guardian or educational supervisor if you are under the age of 13 (a “Minor”)

•        not to use the Services for illegal purposes;

•        not to commit any acts of infringement on the Services or with respect to Services content;

•        not to use the Services to engage in commercial activities without prior consent from Martin Ahl & Partners AB.;

•        not to create or maintain an Online Memorial for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Services, including but not limited to acquiring, designating, or choosing a website name or title, or website address or URL for resale or rental, depriving any family member or friend of a deceased person from establishing or using a service in that person’s name, and linking to any commercial or other website from an Online Memorial;

•        not to interfere with another person’s use and enjoyment of the Services or another entity’s use and enjoyment of the Services;

•        not to use the Services for chain letters, junk mail, spamming, or use of distribution lists;

•        not to upload or transmit viruses or other harmful, disruptive or destructive files;

•        not to disrupt, interfere with, or otherwise harm or violate the security of the Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Services or affiliated or linked sites.

Your license shall be automatically terminated if you violate any restrictions in the user license or the user conduct. In the case of a paid subscription, no refund will be given. Upon termination of your license, you must destroy any downloaded or printed material under the license.

Material shared by you

Some of the Services allow you and others to post, upload, transmit, display, publish, distribute, or otherwise submit material (collectively, “Submit”), including, but not limited to, images, information, articles, illustrations, lyrics, photos, audio files, poems, videos, or text (collectively, “Material”) to any portion of the Memorial Website, or other purposes. You agree not to Submit any Material that:

•        contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;

•        is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;

•        unfairly interferes with any third party’s uninterrupted use and enjoyment of the Services;

•        advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;

•        is intended primarily to promote a cause or movement, whether political, religious or other;

•        contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the content’s copyright owner.

•        constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability.

•        disclose any personal identifying information relating to or images of a Minor without consent of a parent, guardian or educational supervisor;

•        infringes any copyright, trademark, patent, trade secret, or other intellectual property right;

•        contains viruses or other harmful, disruptive or destructive files;

•        harms or is inappropriate for minors to view;

•        links to any commercial website;

•        is not otherwise in compliance with these Terms of Use.

User License Grant

By making any User Content available through the Services you hereby grant to Martin Ahl & Partners AB a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify (for formatting purposes only), distribute copies of, publicly display, and publicly perform your User Content in connection with operating and providing the Services to you and to other Account holders.

Responsibility for content

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Martin Ahl & Partners AB on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Removal of User Content.

You can remove your User Content by using the functionality of the Services. However, in certain instances, some of your User Content) may not be completely removed and copies of your User Content may continue to exist on the Services. If you post User Content to the Services on a webpage created by someone else (such as a post you make on a memorial page created by another user), that User Content may be deleted if that other user chooses to delete the webpage they have created. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Termination. 

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at support@viaterna.com. Upon any termination, discontinuation or cancellation of the Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Disclaimer

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY US “AS IS”. WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS IN RELATION TO THE SERVICES. WE DO NOT DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY OF THE SERVICES AT ALL TIMES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK.

WE DO NOT WARRANT THAT THE SERVICES OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitations

WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

WE TAKE REASONABLE STEPS TO PROTECT ALL DATA STORED ON OUR WEBSITES AND ARE NOT LIABLE FOR ANY LOSS OF DATA OR DATA BREACH.

5. INDEMNITY

You agree to indemnify and hold Martin Ahl & Partners AB and its Affiliates harmless from and against any and all damages, costs, losses and expenses (including legal fees) arising out of or in connection with any claim, action or suit brought or threatened in writing by a third party claiming that the use of such Party’s Intellectual Property Rights infringes the Intellectual Property Rights of such third party.

Governing Law

The Agreement shall be governed by the substantive laws of Sweden without giving regard to its choice of law principles. Neither the Swedish Purchase of Goods Act (Sw. köplag (1990:931)) or the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall apply to this Agreement.

General Terms

Entire agreement

These Terms constitute the entire and exclusive understanding and agreement between Martin Ahl & Partners AB and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Martin Ahl & Partners AB and you regarding the Services and Content.

No waiver

Martin Ahl & Partners AB´s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

Assignment

You may not, wholly or partly, assign, pledge or otherwise dispose of its rights and/or obligations under the Agreement without the other Party’s prior written consent.

All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Compliance with law and ethics

Nothing in these Terms shall prevent us from complying with the law.

You will comply with all applicable laws when using or accessing our Platform or Services.

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Privacy Policy

Viaterna Privacy Policy

This policy describes how we collect, use, communicate, and disclose personal information when you utilize the Viaterna tool and features (collectively called the “Services”). It also outlines your rights and choices regarding your personal information.

The term “you” refers to any person or entity who downloads, views, uses, accesses, browses, or submits any content or material to the Platform.

Personal information you provide to us

1. Account creation When you create a user account, we collect certain personal information from you, including your name, email address, and password. Additional optional information, such as age and gender, may be included as part of your public profile.
2. Information you share in your memorial site When you share a memorial, send tributes, upload photo and video memories, build biographies and timelines, invite or join a memorial, or post comments or messages on a memorial, we receive any personal information made available through these uses of the Services.
3. Communicating with us We collect personal information from you, such as your email address, phone number, or mailing address when you request information about our Services.
4. Automatic Data Collection We may collect certain information automatically when you use the Services. This may include your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, details about your browser, operating system or device, location information (derived from IP address), internet service provider, pages that you visit before, during, and after using the Services, information about the links you click, and other details about how you use the Services. This information may be associated with accounts and other devices.
5. Public postings in the services Your use of the Services may disclose information to the public. Any public posting on the Platform is not considered “personal information” and is not protected by this Privacy Policy. We cannot control how other Users interact with, download, or share your information. Even after public postings have been removed from the Platform, copies of content posted publicly may be preserved in cached or archived pages and may have been captured and stored by other Users.

How we use the information we receive

We do not share your personal information, except in the following specific instances:

1. Communications We use the personal information you provide to communicate with you regarding customer service inquiries, support, transaction history, and information related to orders. We may also use your personal information to send newsletters or other periodic emails about the Services and Platform.
2. Internal operations Personal information is used for internal operations, including troubleshooting, data analysis, testing, research, and service improvement. We also use personal information to process transactions.
3. Automatic Data Collection We use collected information to screen for potential risks and fraud, improve website accessibility, understand the effectiveness of advertisements, and deliver relevant ads.

How we share personal information

1. Anonymized and aggregated We may publish or transfer fully anonymized and aggregated statistics based on your personal information to enhance the user experience, improve the Platform, and share with partner or affiliate companies.
2. As required by law There may be circumstances where we are legally obligated to share or disclose your personal information to law enforcement agencies or public authorities.
3. With your specific permission In certain circumstances, we may ask for your permission to share personal information. We will not share any of your personal information without your express consent.

How we protect personal information

We store data as long as needed to provide the Services. When you delete an account, all uploaded videos are deleted. Other information may be retained on our servers in an anonymized and aggregated fashion for our internal use. It typically takes between one month and 90 days to delete an account. For certain data categories, we may specify data retention practices.

We take reasonable steps to ensure the secure treatment of your information, following accepted standards to protect personal information. However, we cannot guarantee 100% security on the internet and are not liable for unintentional disclosure of personal information.

By providing personal information to us, you consent to our electronic communication regarding security, privacy, and administrative issues relating to your use of our website. We will notify you as required by law in case of a security breach.

Blockchain Storage of Personal Data

Archiving to the Blockchain

When a user decides to archive themselves or their personal data to the blockchain network, the data will be stored in an encrypted format to ensure security and privacy. This process enhances data integrity and provides a tamper-proof record.

Data Removal on the Blockchain

If a user decides that their data should be removed from the blockchain, the encryption key will be deleted to render the data inaccessible. However, the data will remain on the blockchain in an encrypted format. This is due to the nature of blockchain technology, which prevents data erasure while ensuring data cannot be decrypted without the key.

Deceased Persons’ Data in Memorials on the Blockchain

Deceased persons memorial data will be stored on the blockchain in an unencrypted format and cannot be forgotten. This is essential to maintain the integrity of memorialized information and ensure data is preserved securely. Memorialized data remains accessible to uphold the user’s digital legacy and the memory of their life and contributions. We take the responsibility of preserving this information with the utmost care and respect. This practice aligns with our commitment to honoring and commemorating the individuals who have contributed to the Viaterna community.

This amendment ensures that the data of deceased individuals remains available in memorials on the blockchain in an unencrypted format, maintaining its integrity and reflecting the lasting impact of their digital presence. Please incorporate this update into your privacy policy as needed.

Your Choices and Rights for data stored on the blockchain

You have the following rights concerning your personal data:

1. Access to/Portability of Personal Data: You can access or request the transfer of your electronic Personal Data to another party where required by law.
2. Request Correction: If your personal information is inaccurate or incomplete, you may request deletion of your personal data.
3. Request Deletion: You may request its deletion from the blockchain. Please note that due to the nature of blockchain technology, data removal in the traditional sense is not possible, but it will be made inaccessible by deleting the encryption key.
4. Request Restriction of Processing or Object to Processing: You may request restrictions on or object to the processing of your personal information, including opting in or out of the sale of your Personal Data to third parties, if applicable and permitted by law.

Your Choices and Rights for data not stored on the blockchain

You have the following rights concerning your personal data:

5. Access to/Portability of Personal Data: You can access or request the transfer of your electronic Personal Data to another party where required by law.
6. Request Correction: If your personal information is inaccurate or incomplete, you may request correction.
7. Request Deletion: Subject to certain legal exceptions, you can request the deletion of your personal information.
8. Request Restriction of Processing or Object to Processing: You may request restrictions on or object to the processing of your personal information, including opting in or out of the sale of your Personal Data to third parties, if applicable and permitted by law.

You can make these requests by contacting us via email at support@viaterna.com. We will respond within a reasonable timeframe and reserve the right to retain information necessary to comply with legal obligations.

Cookies

We use cookies to enhance your browsing experience and provide improved website features. Our cookie usage is focused on analyzing user behavior and continuously enhancing our website to better serve you.

What Are Cookies?

Cookies are small text files that are stored on your computer or mobile device when you visit a website. They help the website recognize your device and remember information about your visit, such as your preferences and settings. Cookies serve various functions, including tracking your session, improving the website’s performance, and providing a more personalized user experience.

Why Do We Use Cookies?

We use cookies to:

1. Analyze User Behavior: Cookies allow us to collect information about how you interact with our website. This information helps us understand your preferences and tailor our content to match your interests.
2. Enhance Features: Cookies help us track which features of our website are most popular and useful to our visitors. This data enables us to prioritize improvements and updates that benefit you.
3. Remember Your Preferences: Cookies store your preferences and settings, ensuring a smoother and more customized browsing experience during your next visit.
4. Improve Website Performance: By tracking which pages are viewed, and which links are clicked, cookies help us identify and resolve issues to ensure optimal website performance.

Your Privacy Matters

Your privacy is of the utmost importance to us. The cookies we use do not collect personal information that can identify you. Instead, they aggregate data about user behavior to help us improve the website as a whole. We respect your right to privacy, and you can manage your cookie preferences through your web browser settings.

Manage Your Cookie Preferences

You have the choice to manage your cookie preferences through your web browser settings. You can opt to accept or decline cookies, and you can delete existing cookies. Keep in mind that disabling cookies may impact your experience on our website, and some features may not function correctly.

By using our website, you agree to the use of cookies in accordance with this Cookie Usage Privacy Statement. If you have any questions or concerns about our cookie usage, please feel free to contact us.

Do Not Track Mechanisms

Please note that we do not respond to “do not track” notices.

Changes to our Privacy Policy and Practices

We may revise this Privacy Policy in our sole discretion. If there are any material changes, we will notify you as required by applicable law. By continuing to use the Services after the new Privacy Policy takes effect, you agree to accept the updated policy.

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