Terms of Service and Use

Please read these Terms of Service and Use carefully. By creating or registering for an Ownleaf account, or accessing, browsing, or using the website or services, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions, including our Privacy Policy (collectively, the "Terms").

1. Definitions

In these Terms, the following definitions apply:

  • "Agreement" means these Terms of Service and Use, together with any Order Form and the Privacy Policy.
  • "Business Customer" means any customer using our Services for business purposes.
  • "Consumer" means an individual using our Services for personal, non-commercial purposes.
  • "Content" means any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials.
  • "Data Protection Laws" means the UK GDPR, the Data Protection Act 2018, and any other applicable data protection or privacy laws.
  • "Order Form" means the document specifying the Services to be provided to Business Customers, including any applicable fees and terms.
  • "Ownleaf", "we", "us", or "our" means Ownleaf 2 Ltd, registered in England and Wales (Company Registration Number 15845475).
  • "Services" means:
    • Ownleaf Support Circle mobile application (iOS and Android)
    • Ownleaf for Business - Bereavement Support System
    • FuneralPay - Payment Processing Platform
    • Ownleaf website (https://ownleaf.com)
    • Any related services, features, content, or applications
  • "User", "you", or "your" means any person who accesses or uses the Services.

2. Introduction

Welcome to Ownleaf. We're here to support you through life's most challenging moments by providing caring, accessible services for grief support and funeral planning. Our mission is to make these difficult times a little easier for you and your loved ones.

While we aim to keep things simple and transparent, we do need to establish some ground rules. These Terms explain our obligations to you and yours to us, ensuring we can provide our services effectively and protect everyone in our community.

This document creates a legal agreement between you and Ownleaf 2 Ltd (Company Number 15845475) when you use our services. We've written it in clear language and organized it to be as easy to understand as possible.

If you have any questions about these Terms, please don't hesitate to contact us at legal@ownleaf.com. We're here to help.

3. Acceptance of Terms

By accessing or using the Services, you agree to these Terms. If you do not agree to these Terms, do not access or use the Services.

3.1 Capacity to Accept

By using the Services, you represent and warrant that:

  • You are at least 18 years old
  • You have the right, authority, and capacity to agree to these Terms
  • You will use the Services in accordance with these Terms
  • Your use of the Services does not violate any applicable laws or regulations

3.2 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on our website
  • Sending an email to the address associated with your account
  • Displaying a notice within the Services

Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.

4. Services Description

4.1 Service Overview

Ownleaf provides digital solutions for funeral planning and bereavement support, including:

  • Digital payment processing for funeral services
  • Bereavement support tools and resources
  • Support group facilitation
  • Business solutions for employers and funeral directors

4.2 Account Creation and Security

To access certain features of the Services, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information
  • Keep your account credentials secure
  • Notify us immediately of any unauthorized access
  • Be responsible for all activities under your account

5. User Obligations

5.1 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not:

  • Use the Services in any way that violates applicable laws or regulations
  • Harass, abuse, or harm others
  • Impersonate any person or entity
  • Interfere with or disrupt the Services
  • Attempt to gain unauthorized access to the Services
  • Collect or store personal data about other users without permission
  • Use the Services for competitive analysis or similar purposes

5.2 Content Guidelines

When using our Services, you agree not to post, upload, or share content that:

  • Is harmful, fraudulent, deceptive, or offensive
  • Infringes on intellectual property rights
  • Contains malware or malicious code
  • Violates the privacy or rights of others
  • Is inappropriate in the context of bereavement support

6. Fees and Payment

6.1 Payment Terms

  • Fees are as specified in your Order Form or subscription plan
  • All fees are in British Pounds Sterling (GBP) unless otherwise stated
  • Payment is required in advance for subscription services
  • A 7% annual innovation fee applies to all paid services
  • All prices include VAT at the current rate where applicable
  • For business customers, invoices will be provided in accordance with UK tax requirements

6.2 Billing and Renewal

  • Subscriptions automatically renew unless cancelled
  • Renewal fees will be at the then-current rates
  • You must cancel at least 30 days before renewal to avoid charges
  • We may change fees with 30 days notice

6.3 Refunds

  • No refunds for partial subscription periods
  • Refunds may be provided at our discretion for service issues
  • Free trial periods, if any, will be specified at signup

7. Data Privacy and Security

7.1 Data Processing

We process personal data in accordance with our Privacy Policy and applicable data protection laws, including UK GDPR. Our Privacy Policy explains:

  • What information we collect
  • How we use your information
  • Your rights regarding your data
  • Our security measures

7.2 Security Measures

We implement appropriate technical and organizational measures to protect your data, including:

  • Encryption in transit and at rest
  • Access controls and authentication
  • Regular security assessments
  • Staff training and policies

8. Intellectual Property Rights

8.1 Our Rights

All right, title, and interest in the Services, including:

  • Software and technology
  • Trademarks and logos
  • Content and materials
  • Features and functionality remain our exclusive property.

8.2 License to Use

We grant you a limited, non-exclusive, non-transferable license to use the Services for their intended purpose, subject to these Terms.

8.3 Feedback

If you provide suggestions or feedback, you grant us a perpetual, worldwide, royalty-free license to use such feedback for any purpose.

9. Warranties and Liability

9.1 Warranties

For Consumers, we provide our Services with reasonable care and skill. Nothing in these Terms affects your statutory rights as a consumer.

For Business Customers, we warrant that the Services will be provided with reasonable care and skill.

9.2 Liability Limitations

Nothing in these Terms excludes or limits our liability for:

  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982
  • Any other liability that cannot be excluded or limited under English law

Subject to the above, we will not be liable to you for:

  • Indirect or consequential losses
  • Loss of profits, sales, business, or revenue
  • Business interruption
  • Loss of anticipated savings
  • Loss of business opportunity, goodwill, or reputation
  • Any damages exceeding the amounts paid by you in the 12 months prior to the claim

10. Term and Termination

10.1 Term

These Terms remain in effect while you use the Services.

10.2 Termination

We may terminate or suspend your access to the Services:

  • For breach of these Terms
  • For non-payment
  • At our discretion with 30 days notice
  • Immediately for harmful or illegal activities

10.3 Effect of Termination

Upon termination:

  • You must cease using the Services
  • Paid subscriptions end immediately
  • We will handle your data as specified in our Privacy Policy
  • Certain provisions of these Terms survive termination

11. Dispute Resolution and Governing Law

11.1 Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of England and Wales.

11.2 Alternative Dispute Resolution

Before commencing legal proceedings, we encourage you to contact us first to seek a resolution. You may be eligible to submit your complaint to an approved alternative dispute resolution provider in the UK. We will inform you about:

  • The identity of the applicable ADR provider
  • Whether we intend to use ADR in your specific case
  • The process for submitting your complaint

12. Contact Information

For questions about these Terms:

  • Email: legal@ownleaf.com
  • Address: 6 Gedney Close, Shirley, B90 1LJ, Solihull, United Kingdom
  • Response Time: Within 48 hours

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and Use.

Last Updated: February 14, 2025