They Live On

1. Definitions

In these Terms, the following words have the meanings set out below:

• "We," "us," "our," "They Live On" refers to the They Live On / Evergreen Films business and its owner/operator.
• "You," "the Client" refers to the person who submits an onboarding form, requests, or pays for an Evergreen Film or related product.
• "Evergreen Film" refers to the personalised video product created by us using photos, video clips, and music supplied or selected by the Client.
• "Materials" refers to any photos, videos, audio, text, or other content submitted by the Client for use in an Evergreen Film.
• "the Delivery" refers to the private web page created for the Client to view and share their finished Evergreen Film.
• "Services" refers to all products and services offered by They Live On, including but not limited to Evergreen Films, Memorial Slideshows, and related add-ons.

2. Acceptance of these Terms

By submitting an onboarding form, sending payment, or otherwise engaging They Live On to provide a Service, you confirm that you have read, understood, and agree to be bound by these Terms & Conditions and our Privacy Policy. If you do not agree to these Terms, please do not proceed with an order.

3. Description of Services

They Live On provides personalised video editing services, including Remembrance/Tribute, Wedding, Anniversary, Pet Tribute, Baby's First Year, Celebration, and Bespoke Evergreen Films, along with Evergreen Slideshows and related upgrades as described on our Create Yours onboarding form at the time of order. Exact features included in each package are as set out in the Create Yours onboarding form you completed to place an order.

4. Eligibility

Our Services are intended for use by individuals aged 18 or over, or who otherwise have the legal capacity to enter into a binding agreement in their jurisdiction. By placing an order, you confirm that you meet this requirement.

5. The Onboarding Process

Before work begins, the Client is asked to complete an onboarding form providing details of the recipient, the subject of the Evergreen Film, relevant background information, song choice, and any specific requirements. They Live On relies on the accuracy and completeness of the information provided. We are not responsible for errors, omissions, or dissatisfaction arising from incomplete or inaccurate information supplied by the Client during onboarding.

6. Your Submitted Materials

The Client remains the owner of all Materials they submit. By submitting Materials, the Client grants They Live On a limited, temporary licence to use those Materials solely for the purpose of producing the requested Evergreen Film or related product.

The Client is responsible for ensuring that all Materials submitted are their own property, or that they have obtained the necessary rights or permission to use and share them for this purpose. They Live On does not verify, and holds no responsibility for verifying, that the Client holds such ownership or rights.

The quality of an Evergreen Film is directly dependent on the quality of the Materials provided. Where submitted photos or videos are low resolution, poorly lit, blurred, or otherwise limited in quality, the finished Evergreen Film will reflect those limitations. While They Live On will use reasonable efforts to improve such Materials where possible (for example, using photo restoration tools), we cannot guarantee that the finished Evergreen Film will be free from quality limitations present in the original Materials.

Submitting Materials does not guarantee that all submitted photos, videos, or audio will be included in the finished Evergreen Film. The final selection and use of Materials remains at They Live On's creative discretion, in keeping with the pacing, length, and style of the package purchased.

7. Consent and Permission to Use Content

The Client is solely responsible for obtaining any necessary consent from individuals who appear in photos or videos submitted for use in an Evergreen Film, including but not limited to family members, friends, and other third parties.

Where Materials feature children (for example, in a Baby's First Year Evergreen Film), the Client submitting those Materials confirms they are a parent, legal guardian, or otherwise have the appropriate authority to share such Materials with They Live On for this purpose.

They Live On does not verify, and holds no responsibility for verifying, that such consent has been obtained. The Client agrees to indemnify They Live On against any claim arising from a failure to obtain such consent (see Section 19, Indemnity).

8. Music and Copyright

Evergreen Films are created using song(s) requested or selected by the Client. They Live On and anyone involved in production hold no copyright ownership or licensing permissions for any requested music, and make no representation that the Client holds such rights.

They Live On accepts no responsibility for any loss, damages, loss of earnings, content removal, muting, blocking, or copyright claim arising from a platform's copyright detection system (including but not limited to YouTube, social media platforms, or any video hosting service) in relation to music used in an Evergreen Film. Responsibility for music rights, and any consequences arising from their use, rests solely with the Client.

Evergreen Films are intended for personal, private use by the Client and their family and friends. They are not intended, and are not recommended, for public sharing, publication, or use on social media, where copyright enforcement is more likely to apply.

9. Format and Intended Use

Evergreen Films are edited in a standard 16:9 widescreen format, designed for comfortable viewing on a computer, phone, tablet, or television screen via the Delivery. They are not formatted, cropped, or optimised for social media platforms such as TikTok or Instagram Reels, which typically use different aspect ratios (for example, 9:16 vertical or 1:1 square) and different maximum lengths.

Evergreen Films are created for private, personal viewing and are not intended for publication on social media. While the Client is free to share their Delivery link with others, including via social media, They Live On makes no representation that an Evergreen Film will display correctly, retain its full picture, retain its audio, or play in full length if uploaded directly as a video file to a social media platform. Reformatting an Evergreen Film for a different aspect ratio or platform is not included as part of our standard Service and is the Client's own responsibility.

Clients choosing the Evergreen Film Only package receive their Evergreen Film as a plain video file, without the private Delivery web page included in higher packages. This means the file is more likely to be shared directly (for example, via messaging apps or uploaded natively to social media), which carries a materially higher risk of the audio being muted or the video being blocked due to third-party copyright detection, as described in Section 8. This risk is significantly reduced, though never fully eliminated, for the Evergreen Film with Web Page / App and Evergreen Film Full Experience packages.

10. Pricing and Payment

Current pricing for all Services is provided to the Client at the time of enquiry or booking. Prices are subject to change at any time; however, once an order is confirmed and payment terms agreed, the price for that specific order will not change.

Any total or price shown on our Create Yours onboarding form's summary screen is provided for the Client's convenience and is not a confirmed price, quote, or binding agreement, due to the possibility of technical inaccuracies. Upon receiving a Client's submission, the price is independently verified by They Live On and confirmed to the Client by email. It is this emailed confirmation, not the summary screen, that represents the agreed price for the order.

The Client is responsible for providing accurate and reachable contact details, including a valid email address and phone number, at the time of submission. Where They Live On is unable to reach a Client to verify, confirm, or fulfil an order due to inaccurate or unreachable contact details provided by the Client, They Live On is not liable for any resulting delay or non-delivery. As no order is confirmed until verified in accordance with the paragraph above, no payment will have been taken and no refund obligation arises in these circumstances. They Live On shall not be liable for any loss, damage, or compensation of any kind arising in these circumstances.

Full payment is required before work commences, unless otherwise agreed in writing. Accepted payment methods are as communicated to the Client at the time of booking (currently Revolut).

By proceeding with payment, you confirm your agreement to these Terms & Conditions and our Privacy Policy.

11. Turnaround and Delivery

Standard turnaround is 3–5 business days. Faster turnaround options may be available at an additional cost, as set out in our current pricing.

Turnaround time begins once They Live On has received both full payment and all Materials required to complete the Evergreen Film, whichever of these occurs later. Delays in providing Materials will result in a corresponding delay to the estimated delivery date, and They Live On is not responsible for missed dates (such as a funeral, wake, or event date) where this is caused by late or incomplete submission of Materials by the Client.

Where the final Materials required to begin work are submitted after 3:00pm (Irish time) on a given business day, the turnaround period will be treated as beginning on the next business day, rather than the day of submission.

For example: if a Client selects Standard delivery and submits their final photos at 4:30pm on a Monday, the 3–5 business day turnaround period begins on Tuesday, not Monday — meaning the Evergreen Film would be delivered no earlier than Thursday at 11:59pm, and no later than the following Monday at 11:59pm.

Where a Client has a fixed date by which the Evergreen Film is required (such as a funeral or wake), it is the Client's responsibility to communicate this clearly at the time of booking and to provide all Materials promptly.

Where a Client's selected delivery speed does not align with a stated deadline, They Live On may require the Client to upgrade to a faster delivery option, at the applicable additional cost, in order to meet that deadline, or may decline the order in accordance with Section 22 where this is not possible. Any price previously shown, reconfirmed, or auto-populated does not reflect the correct price in these circumstances.

12. Revisions

The number of included revision rounds depends on the package purchased, as set out in our current pricing materials (currently: 1 round for Evergreen Film Only, 2 rounds for Evergreen Film with Web Page / App, 3 rounds for Evergreen Film Full Experience). Requests to correct factual errors (such as an incorrect name, date, or missing item specifically requested during onboarding) will be corrected at no cost and do not count toward the included revision rounds for any package.

Requests relating to creative or stylistic preference (such as pacing, music timing, transitions, or overall editing style) count toward the included revision rounds for the Client's package. Additional revision rounds beyond those included may be requested at an additional cost; current pricing for additional revisions will be provided on request.

13. Cancellation

The Client may request to cancel an order at any time. Where They Live On has not yet received both full payment and the Client's Materials, a full refund will be provided. Once both have been received, the order is treated as fully underway, and refunds from that point are governed by Section 14.

14. Refund Policy

Each Evergreen Film is bespoke and personalised to the Client's specific request, incorporating Materials, music, and content selected specifically for that Client, and has no resale or alternative use to They Live On if cancelled.

Once They Live On has received both full payment and the Client's Materials, refunds are not available, except: (a) where required by applicable consumer protection law (for example, where the law gives you a right to a refund that cannot be excluded by these Terms, such as where the Evergreen Film was never delivered at all), or (b) where They Live On fails to deliver an Evergreen Film consistent with the order as agreed, due to a genuine technical fault.

A "technical fault" means a material defect in the delivered file itself, such as a corrupted, incomplete, or non-functional file. It does not include matters of personal or creative preference (such as pacing, style, or song timing), which are instead addressed through the revisions process described in Section 12.

Any claim of a technical fault must be raised within 7 days of delivery. After this period, the Evergreen Film is deemed accepted, and no further claim may be made under this clause. This does not affect any right you may separately have under applicable consumer protection law.

Reporting a technical fault does not mean a refund will be automatically applied. They Live On is entitled to review the reported fault and attempt a fix, and may take up to 30 days from the date the fault was reported to do so, before any refund obligation arises under this clause.

Where a genuine technical fault exists, please contact us directly — see Section 24, Complaints and Disputes.

15. Ownership and Intellectual Property

Upon full payment and delivery, ownership of the finished Evergreen Film video file is transferred to the Client for their personal use.

They Live On retains the right to use anonymised or approved excerpts of finished work for portfolio, marketing, or promotional purposes, but will not do so without first requesting the Client's permission.

Any templates, branding, software, editing techniques, or proprietary processes used by They Live On in the creation of an Evergreen Film remain the property of They Live On and are not transferred to the Client.

They Live On will send a request to transfer ownership of the finished Evergreen Film file, and may send a single follow-up reminder, but is under no obligation to continue chasing the Client to accept this transfer. Where a Client does not accept the ownership transfer within a reasonable period, set at 30 days, They Live On accepts no responsibility for any resulting loss of access, and the file's continued availability cannot be guaranteed.

16. "Evergreen Film" — Naming Disclaimer

"Evergreen Film" is a product name and brand term. It does not constitute a guarantee of perpetual hosting, storage, or accessibility by They Live On. Once delivered, it is the Client's responsibility to store and back up their Evergreen Film file. They Live On is not liable for any loss of access to an Evergreen Film resulting from third-party platform changes, file deletion by the Client, discontinuation of any service used in delivery (including but not limited to Google Drive, YouTube, Bunny Stream, or Netlify), or any other circumstance outside our reasonable control.

Once ownership of the finished Evergreen Film file has been transferred to the Client, responsibility for retaining, storing, and backing up that file rests entirely with the Client. If the Client deletes the file following transfer, They Live On holds no copy and cannot recover or restore it. Where an Evergreen Film remains available to view via the Delivery (through YouTube, Bunny Stream, or similar), this streamed version may continue to be viewable independently of the downloaded file, but is itself subject to the same platform availability limitations described in Section 17.

17. Delivery App and Platform Availability

Where a Client opts to have their Delivery password protected, the Client chooses the password during onboarding, which They Live On then sets on their page. This password is a reasonable deterrent against unintended access and is not a guarantee of security against a determined third party; it should not be relied upon to protect highly sensitive information. They Live On is not responsible or liable for lost passwords — we do not keep a record of passwords chosen, and if a Client loses theirs, we are unable to recover it either. They Live On is not responsible or liable for any instance of a password being guessed, copied, stolen, or otherwise obtained by a third party, nor for how a Client or those they share the password with choose to further share or disclose it. The Client is responsible for keeping their chosen password reasonably confidential. Should a Client wish to change their password after delivery, this can be requested by contacting us directly.

Purchasing a package that includes the Web Page / App delivery method does not mean your Evergreen Film will be stored forever. As with any third-party hosted service, availability depends on the platforms described below, and is not guaranteed indefinitely.

The private web page used to view your Evergreen Film (sometimes referred to as "the app," "the icon," or "the Delivery") is a means of accessing and viewing your Evergreen Film — it is a delivery mechanism, not the product itself. It relies on third-party hosting and video platforms (currently including, but not limited to, Netlify, YouTube, and/or Bunny Stream), which may change their pricing, features, or terms of service at any time, in ways outside They Live On's control.

They Live On does not guarantee that the Delivery, or any specific method of accessing an Evergreen Film, will remain available indefinitely, free of charge, or free of temporary interruption. Third-party platforms may experience outages, maintenance, or downtime entirely outside They Live On's control (for example, at any time including public holidays), and They Live On is not responsible for any temporary inability to access an Evergreen Film as a result. Should a third-party platform change its terms in a way that makes continued access no longer feasible on the current basis, They Live On reserves the right to change how the Evergreen Film is delivered or maintained — which may include continuing through the same platform under different terms, moving to a different method altogether, where this becomes necessary to maintain access, or ceasing Web Page / App access entirely and instead relying on a downloadable file sent via WeTransfer or Google Drive.

Where a Client experiences a temporary outage or access issue, we encourage them to contact us — where reasonably possible, we will assist in restoring access, for example by relinking the Delivery to an alternative hosting method. This is also why, in addition to the Delivery itself, Clients are given a separate Google Drive link to their Evergreen Film file, allowing it to be downloaded and kept without needing the Delivery at all.

They Live On does not typically retain a copy of the finished Evergreen Film file once ownership has been transferred to the Client (see Section 18), and is therefore generally unable to provide a further copy of the file in the event of a future platform change. This is why Clients are strongly encouraged to keep their own backup copy, as set out in Section 16.

They Live On is not responsible for the successful playback, delivery, or performance of an Evergreen Film at any event, including but not limited to a wedding, funeral, party or other occasion, proposal, or personal gathering, including issues arising from internet connectivity, venue equipment, third-party platform outages, or similar circumstances outside They Live On's control at the time of the event.

18. Data and File Retention

Photos and videos submitted by the Client, together with the folder(s) in which they are stored, are retained by They Live On for up to 30 days following delivery, to allow for any included revisions. After this period, They Live On will permanently delete this folder and its contents in full.

This does not affect the finished Evergreen Film file, which is handled separately through the ownership transfer process described in Section 15, nor the Delivery itself, which remains live independently of this process.

Full details of what personal data is collected, how it is used, and for how long, are set out in our Privacy Policy.

19. Third-Party Services

In the course of providing our Services, They Live On makes use of third-party platforms, which may include Google Drive, Dropbox, WeTransfer, Netlify, YouTube, Bunny Stream, VanceAI, and image-processing tools such as Birme.net. These services are subject to their own terms and privacy policies, over which They Live On has no control. They Live On is not responsible for outages, data loss, or policy changes made by these third-party providers.

20. Limitation of Liability

To the fullest extent permitted by law, They Live On's total liability to the Client for any claim arising from or in connection with our Services, whether in contract, tort, or otherwise, shall not exceed the total amount paid by the Client for the specific order giving rise to the claim.

They Live On shall not be liable for any indirect, incidental, or consequential loss, including but not limited to emotional distress, psychological distress, grief-related distress, death, bereavement, suicidal ideation, or suicide, loss of data, or loss of opportunity (this list is non-exhaustive), save where such liability cannot be excluded under applicable law.

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability which cannot be limited or excluded under Irish law.

21. Indemnity

The Client agrees to indemnify and hold harmless They Live On against any claims, damages, losses, or expenses (including reasonable legal costs) arising from: (a) the Client's breach of these Terms; (b) Materials submitted by the Client, including any failure to obtain necessary consent or rights in relation to those Materials; (c) the Client's use of the finished Evergreen Film in a manner inconsistent with these Terms; or (d) a specific commercial song requested by the Client for use in their Evergreen Film, where They Live On relied on that request in sourcing the music.

22. Right to Decline or Refuse Service

They Live On reserves the right to decline, pause, or discontinue any order at our discretion, including, but not limited to, where submitted Materials are unlawful, offensive, or otherwise inappropriate, or where a Client is abusive or threatening toward They Live On. Where an order is declined before work has commenced, a full refund will be provided.

They Live On also reserves the right to decline an order where Materials are not received within a reasonable time relative to They Live On's current capacity, or any fixed date communicated by the Client. We aim to avoid this situation through our waitlist system, which helps manage capacity in advance.

Where a Client's chosen song exceeds 5 minutes in length, or where a Client requests multiple songs be combined into one, this falls outside the standard scope of an Evergreen Film. They Live On may, at its discretion, accommodate such a request, which may incur an additional fee or be treated as a Bespoke request subject to separate discussion and pricing.

23. Force Majeure

They Live On shall not be liable for any delay or failure to perform our obligations resulting from circumstances beyond our reasonable control, including but not limited to illness (including that of a family member requiring the operator's care), acts of God, technical failure, internet or power outages, or failure of a third-party service relied upon to deliver the Service.

24. Complaints and Disputes

If you are unhappy with any aspect of our Service, please contact us directly in the first instance at theyliveonfilms@gmail.com so we can try to resolve the matter. We aim to respond to all queries within 5 business days.

25. Changes to these Terms

We may update these Terms from time to time. The version in force at the time an order is placed will apply to that order. The "Last updated" date at the top of this page reflects the most recent revision. They Live On retains a dated copy of each previous version of these Terms.

26. General Provisions

Governing Law

These Terms are governed by the laws of Ireland. Any disputes arising shall be subject to the exclusive jurisdiction of the courts of Ireland.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any specific written agreement between They Live On and the Client, constitute the entire agreement between the parties in relation to the Services.

27. Contact

Questions about these Terms can be sent to: theyliveonfilms@gmail.com

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