Terms & Conditions

1. Overview

XYDAQ provides a white-label digital memorial platform for partner organisations (“Partners”). These Terms & Conditions govern the use of the platform by Partners and all individuals who create or interact with memorials (“Custodians”).

By registering for an account or using the service, you agree to these Terms.

2. Definitions

• XYDAQ: The platform provider
• Partner: A business using XYDAQ to offer memorials
• Custodian: The individual who creates and manages a memorial
• Memorial: A digital page created to commemorate a person
• Trial Memorial: A memorial that has not yet been activated by a Partner

3. Accounts, Access and Memorial Control

Partners must provide accurate and up-to-date information when registering and using the platform and are responsible for maintaining the security of their account, including access to their dashboard and billing features.

Custodians do not create accounts. Access to memorials is provided through secure, unique links issued at the time of creation. These links contain encrypted edit and moderation tokens that allow the Custodian to manage and control the memorial.

These tokens function as access credentials. Any individual in possession of such links may be able to access or modify the memorial, and it is the responsibility of the Custodian to keep them secure.

All memorial content, including text, images, and other media, remains the property of the Custodian. XYDAQ does not claim ownership of this content.

By uploading content, the Custodian confirms that they have the necessary rights and permissions to use and share it. The Custodian grants XYDAQ and the relevant Partner a worldwide, non-exclusive licence to host, store, display, and deliver such content as part of the memorial service.

4. Service Structure

XYDAQ operates as a white-label platform that enables Partners to provide digital memorial services under their own branding.

Memorials are accessed through Partner-branded pages, and Custodians interact with the service as part of the Partner’s offering. Partners are responsible for how the service is presented to their customers and for any decisions relating to activation, access, or monetisation of memorials.

XYDAQ provides the underlying technology and infrastructure but does not participate in the relationship between Partners and Custodians.

5. Plans and Billing

5.1 General Billing Terms

XYDAQ bills Partners directly. Custodians are not billed by XYDAQ.

Billing consists of:

• A monthly platform fee
• A monthly per-memorial fee, depending on the selected plan

All billing is conducted in the currency selected by the Partner at the time of registration (GBP, EUR, or USD), and this currency remains fixed.

A single invoice is generated per Partner for each calendar month.

5.2 Billing Start and Calculation

Billing begins when a Partner account is active and at least one memorial exists.

A memorial is considered billable for any calendar month in which it exists at any point. This includes memorials created or deleted partway through a month. No partial-month adjustments or proration apply.

All invoices are calculated based on a snapshot of memorials and pricing at the time of billing and are not subject to retrospective changes.

5.3 Payments

All invoices are made available within the Partner dashboard.

Partners are responsible for reviewing and paying invoices using the payment methods provided through the platform. Payments are processed via integrated third-party providers.

Failure to settle invoices may result in account restriction or suspension at XYDAQ’s discretion. XYDAQ does not automatically suspend accounts but reserves the right to take action in cases of unresolved billing issues.

5.4 Plan Types

Open Plan

• Includes a defined allowance of memorials
• No per-memorial fees apply within the allowance
• Additional memorials are charged at a fixed monthly rate
• Memorials that are deleted will not incur any future charges beyond the month in which they existed

Gated Plan

• Lower monthly platform fee
• Per-memorial fees apply from the first memorial
• Memorials are created in a trial state and require Partner activation before public sharing
• Memorials that are deleted will not incur any future charges beyond the month in which they existed

Partners using the Gated Plan may charge Custodians independently. XYDAQ is not involved in or responsible for such transactions.

6. Memorial Lifecycle

All memorials operate on a fixed one-year duration from the date of creation.

At the end of the one-year period, renewal is required to maintain access.

If a memorial is not renewed:

• It reverts to a trial state after 14 days
• It is permanently deleted after a further 14 days

For Gated Plan accounts:

• Trial memorials remain in a trial state until activated
• Unactivated memorials are automatically deleted after 14 days

7. User-Generated Content and Liability

All content uploaded to memorials is provided by Custodians or other users.

XYDAQ does not create, review, or verify such content and accepts no responsibility for its accuracy, legality, or appropriateness.

The Custodian is solely responsible for ensuring that all content:

• Is lawful and appropriate
• Does not infringe copyright, privacy, or other rights
• Complies with these Terms

Partners are responsible for overseeing how the platform is used within their organisation and may review or moderate content where appropriate.

XYDAQ shall not be liable for:

• Any user-generated content displayed on memorials
• Any loss, damage, or claims arising from such content
• Any disputes between Custodians, Partners, or third parties

XYDAQ acts solely as a hosting and technology provider and does not assume editorial control over memorial content.

XYDAQ reserves the right, but not the obligation, to remove or restrict access to any content that breaches these Terms or is considered inappropriate, unlawful, or harmful.

8. Acceptable Use

The platform must not be used to publish or distribute content that is:

• Abusive, threatening, or hateful
• Pornographic or sexually explicit
• Exploitative or harmful
• Political campaigning or propaganda
• Defamatory, misleading, or unlawful
• In violation of intellectual property or privacy rights

XYDAQ may take action where such content is identified.

9. Data and Privacy

XYDAQ processes data only as necessary to provide the service.

Custodians retain control over their memorial content. Partners may access data necessary to manage their accounts and services.

XYDAQ does not sell personal data.

10. Service Availability

XYDAQ aims to provide a reliable and continuous service but does not guarantee uninterrupted availability.

Access may be affected by maintenance, updates, or factors outside XYDAQ’s control.

11. Suspension and Termination

XYDAQ may suspend or terminate a Partner account where:

• These Terms are breached
• Payments remain outstanding
• The platform is misused

Only XYDAQ may suspend Partner accounts.

12. Ending the Service

Partners may choose to stop using the service through their dashboard.

If a Partner ceases use:

• New memorial creation will no longer be available
• Existing memorials will continue through their normal lifecycle
• XYDAQ will continue to manage existing memorials

13. Changes to the Service

XYDAQ may update pricing, features, or these Terms from time to time.

Changes will apply going forward and will not affect previously issued invoices.

14. Governing Law

These Terms are governed by the laws of the United Kingdom.