Terms of Service

These Terms of Service are a binding agreement between Hart Apps LLC (“Hart Apps,” “we,” “us”), a Virginia limited liability company, and the person or entity that creates an account, clicks to accept, pays a fee, or uses Monument Maker and the related websites, studio, billing screens, and services (the “Service”). If you accept for a company, funeral home, church, or other organization, you represent that you have authority to bind that organization, and “you” includes that organization.

By using the Service you agree to these Terms and to the Privacy Policy, which is part of this agreement. If you do not agree, do not create an account and do not use the Service.

Hart Apps provides software. Hart Apps is not a monument company, funeral home, cemetery, installer, or seller of granite or memorials. Hart Apps is not your employer, partner, joint venturer, or agent, and you are not an employee, partner, or agent of Hart Apps. Nothing in the Service authorizes you to bind Hart Apps or to present Hart Apps as the maker, seller, or installer of a memorial.

A picture in the studio is an illustration to help a conversation. It is not an engineering drawing, a cemetery approval, a survey, or a promise of how the finished stone will look under shop or cemetery conditions. Guide prices are not quotes and are not charges. A price becomes firm only when it is locked and accepted in the Service as the Service then provides.

You alone are responsible for the price you present, the design you save, the statements you make to a family or cemetery, cemetery rules, permits, manufacturing, delivery, and installation. Hart Apps does not control those acts and does not guarantee them.

You must be at least 18 years old and able to form a contract. You will give a true name, a true email address, and, where asked, a true company name. You will upload a photograph of your own unaltered driver’s license. You authorize Hart Apps to keep that photograph and to submit it to Stripe so Stripe can compare the name on the document with the name on the account. That check does not open a bank account, a payout account, or a payment account for you.

You are responsible for every act under your login, including acts of people you invite. You will not share a login beyond the seats on your plan. Hart Apps may refuse, suspend, or close an account for any reason, including a false name, a license that does not match, non-payment, fraud, abuse, or risk to Hart Apps or to any other person.

Paid plans renew monthly until canceled. You authorize Hart Apps and Stripe to charge the payment method on the account for the plan, taxes, and any other amount you incur in the Service. Promotion codes apply only if Stripe accepts them, and only to the monthly plan unless Hart Apps states otherwise in writing. Fees already paid are not refunded except where the law requires a refund. If a payment fails, Hart Apps may suspend the account.

Seat limits are part of the plan. You will not add people beyond that limit. If your personal plan ends because you join a company, it ends at the close of the period already paid and is not restarted. Unused days are not refunded.

Hart Apps is not a party to the sale of a memorial. The account holder who opens a bill is responsible for that bill, for the price locked on it, and for the acceptance recorded on it. Families, funeral homes, and monument companies deal with one another. Disputes about price, design, delay, stone, setting, or payment are between those parties. Hart Apps is not the seller and is not the guarantor of either side.

Card and bank payments that run through the Service are processed by Stripe under Stripe’s terms. Hart Apps does not store full card numbers. Where a monument company has connected its own Stripe account, that company is the merchant of those charges, and Hart Apps may retain the platform fee then in effect. That fee, including the one percent fee on a memorial, is not refunded. The account holder will not request a chargeback or other reversal of it, except where the law requires otherwise. Hart Apps is not responsible for money paid outside the Service, including checks, cash, or any other arrangement among a family, a salesperson, a funeral home, and a monument company. Hart Apps is not responsible for commissions between a company and a salesperson, whether those commissions are calculated in the Service or paid outside it.

You keep ownership of designs, names, dates, photographs, verses, and other material you or a family submit (“Your Content”). You grant Hart Apps a worldwide, non-exclusive license to host, copy, display, and process Your Content only to run, secure, and support the Service and as the Privacy Policy describes.

You represent that you have the right to submit Your Content, including a decedent’s name, likeness, and any photograph or verse, and that a family or other rights holder has allowed that use. You are responsible for notices and consents owed to families. Hart Apps may remove Your Content that violates these Terms or the law. You will keep your own copies. Hart Apps does not promise to store Your Content after an account closes.

You will not, and you will not let anyone using your account:

• Break the law or anyone else’s rights.
• Misstate a price, a company’s identity, or your authority.
• Upload a license or identity document that is not yours, or use another person’s account.
• Send deceptive email or payment requests.
• Circumvent seat limits, sign-in controls, or payment rules.
• Copy the Service to build a competing product, or scrape it except where the law expressly allows.
• Interfere with the Service or with any other user’s account.

Hart Apps and its licensors own the Service, the software, the stock design layouts, the branding, and the documentation. You receive only a limited right to use the Service while your plan is in effect and these Terms are followed. You may not use Hart Apps names or marks without prior written consent. If you send suggestions, Hart Apps may use them without payment or restriction.

Stock layouts supplied by Hart Apps may be used to design a memorial in the Service. You may not copy them out of the Service to sell as a separate catalog. Art a family or company supplies must be owned or permitted by the person who supplies it. If you believe material on the Service infringes a copyright you own, write to hello@hartapps.com with the work, the location of the material, your contact information, a statement of good-faith belief that the use is not authorized, a statement under penalty of perjury that your notice is accurate and that you are authorized to act, and your signature. Hart Apps may remove the material and may close accounts of repeat infringers.

Stripe and other providers you or Hart Apps use have their own terms. Hart Apps is not responsible for those providers, their outages, or their data practices. Cemetery authorities, shops, and installers are not Hart Apps subcontractors.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” HART APPS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HART APPS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ACCURATE, SECURE, OR THAT A DESIGN, PRICE, OR PAYMENT WILL BE ACCEPTED BY A FAMILY, A SHOP, A CEMETERY, OR A BANK. HART APPS PROVIDES NO UPTIME COMMITMENT AND NO SERVICE-LEVEL AGREEMENT UNLESS A SEPARATE WRITTEN AGREEMENT SIGNED BY HART APPS SAYS OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HART APPS AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY. THIS INCLUDES CLAIMS ABOUT A MEMORIAL, A PRICE, A DELAY, AN INSTALLATION, A CEMETERY REJECTION, A FAMILY DISPUTE, OR A PAYMENT THAT DID NOT ARRIVE.

HART APPS’ TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID HART APPS FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (US $100). THESE LIMITS APPLY TO ALL THEORIES, INCLUDING CONTRACT, TORT, AND STRICT LIABILITY. WHERE A LIMIT IS NOT ALLOWED, LIABILITY IS LIMITED TO THE FULLEST EXTENT THE LAW ALLOWS.

You will defend, indemnify, and hold harmless Hart Apps and its members, managers, employees, and agents from claims, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of Your Content, your account, a memorial you design or sell, a price or statement you make, a payment you collect or direct, a person you invite, your breach of these Terms, or your violation of law or of someone else’s rights. Hart Apps may take over the defense of any such claim, and you will cooperate.

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Except for a request for injunctive relief, a claim to protect intellectual property, or collection of amounts owed, any dispute arising out of these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator in Virginia, or by video if the arbitrator allows. Judgment on the award may be entered in any court with jurisdiction. Either party may bring an individual claim in small claims court if the claim qualifies.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND HART APPS WAIVE A JURY TRIAL AND WAIVE ANY RIGHT TO BRING OR JOIN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. A claim must be filed within one year after it arose, or it is barred.

Hart Apps may suspend or end access immediately for breach, non-payment, legal process, or risk to the Service. You may stop using the Service and cancel renewal as the account screens allow. Sections that should survive by their nature, including payment duties, disclaimers, limits of liability, indemnity, and dispute terms, survive.

Hart Apps may change these Terms by posting a new version on this page with a new date. If you keep using the Service after that date, you accept the new version. If you do not accept it, stop using the Service and cancel before that date. Hart Apps may also require a new acceptance at sign-in or at the next subscription renewal.

These Terms, the Privacy Policy, and the plan you select are the entire agreement about the Service and replace earlier discussions about that subject. Hart Apps may assign these Terms. You may not assign them without Hart Apps’ written consent. If one provision is unenforceable, the rest remains. A failure to enforce is not a waiver. Hart Apps is not liable for delay caused by events outside its reasonable control. You will not use the Service in violation of U.S. export or sanctions laws.

You agree to receive notices electronically, including by email to the address on the account or by posting in the Service. Notices to Hart Apps go to hello@hartapps.com. Hart Apps LLC, Commonwealth of Virginia, United States.