Terms of Service

The following defined terms are used in these Terms of Service. Capitalized terms not defined here have the meanings given in our Privacy Policy or in the body of these Terms.

“Additional Storage Renewal” means the optional recurring annual subscription described in §5.3. For a paid-tier purchase made on or after October 1, 2026, it adds storage above that tier’s Included Storage for as long as it remains active (the Service may also call it “additional storage” or the “storage add-on”); for a Grandfathered Purchase, it keeps that purchase’s storage allocation active on the terms described in §5.3.

“Grandfathered Purchase” means a purchase of paid-tier access made before October 1, 2026, as described in §5.3.

“Included Storage” means the storage allocation for the Document Vault, the Legacy Center, and the Media Library that comes with a paid tier as part of its subscription, as described in §5.3.

“Co-Author” means a Collaborator with broad editorial authority over a Plan during the Owner’s life, including the ability to edit Plan content, as shown in the Service (§24.1).

“Collaborator” means an individual the Owner has invited to view or help manage the Owner’s Plan, with the access described in §24.1.

“Cover Photo” means the primary photograph displayed on an Obituary/Memorial Page.

“Death Access Designation” means the online-tool designation described in §22.3(a), by which a Plan author names a Passings Successor and directs disclosure of digital assets associated with a Plan upon verification of the author’s death.

“Legacy Contact” means a recipient of Legacy Content designated by the Owner. A Legacy Contact is only a recipient of delivered content and is not authorized to operate a Plan, act as a fiduciary, or take any other action on the Owner’s behalf. (For the post-death fiduciary role with operational authority over the Plan, see “Passings Successor” and §22.)

“Legacy Content” means messages, letters, recordings, photographs, videos, or other content the Owner schedules for future delivery to specified recipients, as described in §11.

“Life Profile” means the structured record of the Plan Principal maintained within a Plan.

“Obituary/Memorial Page” means a single web page created within the Service that displays an obituary or memorial for a Plan Principal; the obituary page and the memorial page are technically distinct versions of this surface, and these Terms govern both the same way except where they say otherwise (such as advertising, §5.9). See §24.5 to §24.9.

“Owner” means the account holder who creates and controls a Plan in the Service.

“Passings Successor” means the single fiduciary seat filled under §22 following verified death of the account holder (Owner), or of the Plan Principal where the Plan Principal is a different person, as the role authorized to take actions that require a single legal signer on the Plan’s behalf. The seat is filled as provided in §22.3. A Passings Successor is distinct from a Legacy Contact, and from an executor or personal representative appointed under state law.

“Plan” means the end-of-life plan a user creates and maintains on the Service for one Plan Principal: the guided checklist and its responses, the Life Profile, Document Vault contents, media library contents, Legacy Content, and any Obituary/Memorial Page associated with that Plan Principal. A Plan is the body of planning content itself and is distinct from the free and paid tiers described in §5, which govern feature access.

“Plan Principal” means the person whose end-of-life plan is being prepared. The Owner is the Plan Principal by default; Owners may also prepare plans on behalf of another person (such as a parent or spouse) where authorized.

“Privacy Policy” means the Passings Privacy Policy, currently published at passings.io/privacy, which is incorporated into these Terms.

“Acceptable Use Policy” or “AUP” means the Passings Acceptable Use Policy, currently published at passings.io/legal/aup, which is incorporated into these Terms.

“Provider” means a third-party end-of-life service provider listed in the Passings provider marketplace, including (without limitation) funeral homes, cemeteries, body-transport providers, hospice organizations, and other categories.

“Service” means, collectively, the Passings website at passings.io, the web application at app.passings.io, the Passings iOS and Android mobile applications (when and as made available), and all related features and functionality.

“User Content” means the content, information, files, and documents you upload, create, enter, or otherwise submit through the Service, as described in §7.

“Document Vault” (also referred to in these Terms and elsewhere in the Passings legal documents as the “Vault”) means the encrypted document-storage feature of the Service used for storing important documents, with an optional zero-knowledge encryption setting available on all tiers.

“Affiliate Terms” means the Passings Affiliate Program Terms, currently published at passings.io/legal/affiliate-terms, which is incorporated into these Terms.

“Trust & Safety Policy” means the Passings Trust & Safety Policy, currently published at passings.io/trust-safety, which describes content-moderation standards and procedures for Obituary/Memorial Pages and other user-facing surfaces of the Service.

These Terms of Service (“Terms”) govern your access to and use of Passings, a digital platform for end-of-life planning operated by Passings LLC (“Passings,” “we,” “our,” or “us”), including our website at passings.io, our web application at app.passings.io, our iOS and Android mobile applications (when and as made available), and all related services (collectively, the “Service”). “You” and “your” refer to the individual or entity that accesses or uses the Service and agrees to these Terms. Where these Terms address what happens after your death, “you” and “your” continue to refer to the deceased account holder, not to the Passings Successor, a Collaborator, or any other person acting on the account; those persons are named as such and are bound by these Terms through their own acceptance (see §22).

Your contract is with Passings LLC. References to “Passings,” “we,” “us,” or “our” throughout these Terms mean Passings LLC. Passings Holding LLC is not a party to these Terms and assumes no contractual obligations to you under them. Passings Holding LLC is named in §6, §13 and §14 to confirm the IP licensing relationship and to extend those liability protections to the IP owner (see §18.5).

Please read these Terms carefully before using the Service. By creating an account, downloading our mobile applications, or otherwise accessing or using any part of the Service, you acknowledge that you have read and understood these Terms, and you agree to be legally bound by them, by our Acceptable Use Policy, and by our Privacy Policy. Section 17.3 contains a binding arbitration agreement and a class-action waiver that materially affect your legal rights, including your right to bring a claim in court and to participate in a class action. Please read §17.3 carefully. Your acceptance of these Terms constitutes your separately-acknowledged consent to the arbitration agreement and class-action waiver in §17.3, recorded in our acceptance-record system together with your primary acceptance of these Terms.

If you are accessing the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, in which case references to “you” apply to that organization.

Passings provides a platform for end-of-life planning, which may include features such as the following, available in whole or in part depending on your subscription tier:

End-of-life planning checklists organized by phase.

An encrypted Document Vault, with optional zero-knowledge encryption for users who opt in.

A media library for preserving photos, videos, audio recordings, and written messages.

Legacy Content delivery features, allowing you to schedule messages, letters, recordings, or other content for future delivery to specified recipients.

A Provider marketplace where you can find and contact end-of-life product and service Providers.

Obituary/Memorial Pages and shared-access features for Collaborators you invite.

AI-assisted features described below.

We work to provide Services that are compatible with commonly used assistive browsers, tools, and technologies. We strive to provide accessibility and usability for users, but accessibility is an ongoing effort, and it may not be possible in all areas of our Services with current technology and other restrictions.

If you have questions, concerns or feedback related to the functionality or accessibility of the Services, please email us. When you contact us, please be sure to tell us:

• the nature of the accessibility issue;
• your preferred format to receive a response;
• the relevant address for the webpage you are trying to access; and
• how to contact you.

3.1 AI Features. The Service includes several AI-assisted features that use third-party large-language-model services to generate, summarize, or refine content. Where AI assistance is used, the feature is identified in the platform interface. The specific AI features available, and the third-party processors that power them, may change over time. AI output is generated for and shown to the requesting user, and the Service does not publish AI output or send it to any recipient except as you direct through features you choose to use. Where AI assistance has been used to help create content that is displayed to others (such as a published Obituary/Memorial Page), the Service may display an AI-assistance notice, which you may not remove or obscure, and you remain responsible for any disclosure to recipients required by applicable law.

Passings does not use AI to make eligibility decisions, to deny or grant access to platform features, to determine pricing for any user, or to rank or filter Providers in marketplace search results. Where AI output is shown to you, you may edit, accept, or reject the output at your discretion. Our AI subprocessors process prompts and outputs under commercial agreements that restrict their use of your content. Passings does not train any AI model on your content and does not authorize any AI subprocessor to train on identifiable Passings user content. Inputs you provide to AI features are processed in accordance with our Privacy Policy.

The feature descriptions in this Section are illustrative only and do not obligate Passings to offer, maintain, or continue any particular feature, tier, or third-party integration. Passings may add, modify, suspend, or discontinue features of the Service, or the availability of subscription tiers, in whole or in part, at any time. We will notify you of material changes in accordance with §21 (Changes to These Terms).

3.2 Obituary/Memorial Page Event Details. An Obituary/Memorial Page may include service and event details that you enter, such as the date, time, and location of a funeral, memorial service, visitation, or reception, together with dress guidance, parking and reception notes, and a livestream link. Where you publish event details, you acknowledge and agree that:

You are responsible for the accuracy of the event details you publish. Passings does not verify, confirm, or guarantee event details and is not responsible for any consequence of inaccurate, changed, or canceled event information.

You are responsible for deciding what event information to make public. An address or venue you publish on a public Obituary/Memorial Page can be seen by anyone who reaches the page; the page and the address field each carry their own visibility setting.

3.3 Plans Prepared for Another Person. You may prepare a Plan for someone other than yourself (a parent or spouse, for example) by naming that person as the Plan Principal. Where you do, you represent and warrant that you are authorized to do so, either by that person's consent or by legal authority to act for them such as a power of attorney, guardianship, or conservatorship. That representation is not qualified by your knowledge or belief, and it applies to the Life Profile and to every other part of the Plan in which you record information about that person.

Authorization must subsist for as long as the Plan does. If your authority ends or is withdrawn, you must stop adding information about that person and must delete the Plan promptly on request. Before deleting it, you may export the Plan's contents using the data export described in §5.5 and give them to that person. A Plan cannot be moved from your account into another person's account, and the Service does not offer a transfer function; a Plan Principal who wishes to keep a Plan of their own may create their own account. Nothing in this paragraph limits what Passings may be required to do by law or legal process. A Plan Principal who did not authorize a Plan about them may contact privacy@passings.io, and Passings will review the request and may take any action it considers appropriate. Passings does not verify a Plan Principal's authorization at the time a Plan is created; you are solely responsible for having it.

4.1 Eligibility and Age Requirement. The Service is offered only to residents of the United States and is operated under U.S. law. You must be at least 18 years of age to create a Passings account. Any collaborator you invite must also be 18 or older. Passings may deliver Legacy Content to minor recipients via email per §11; receiving Legacy Content does not create an account.

4.2 Registration. To use most features of the Service, you must create an account by providing an email address and a password. You agree to provide accurate, current, and complete information during registration.

4.3 Account Security. You are solely responsible for maintaining the confidentiality of your account credentials. Use a strong, unique password; never share credentials; log out on shared devices; and contact support@passings.io immediately if you suspect unauthorized access.

4.4 One Account Per Person. Each individual may maintain only one personal Passings account. Accounts are non-transferable without our prior written consent.

4.5 Mobile Applications. Passings plans to distribute mobile applications for iOS through the Apple App Store and for Android through the Google Play Store; the mobile applications may not be available at launch, and this §4.5 applies when and as they are made available. Your download, installation, and use of the mobile application is subject to the terms of the applicable app store in addition to these Terms. Apple’s standard Licensed Application End User License Agreement governs your use of the iOS application, and the Google Play terms govern your use of the Android application, each incorporated into these Terms by reference. Where any provision of these Terms conflicts with the applicable app-store terms as they apply to the mobile application, the app-store terms control for that mobile application to the extent required by the applicable app store.

5.1 Tiers. Passings offers a free tier and one or more paid tiers. Current tier features and pricing are described on our Pricing page and are subject to change. Pricing and feature details in effect at the time you purchase are the terms that apply to your purchase; for this purpose, the storage allocation described on the Pricing page when you purchase is a feature detail of your purchase, subject to §5.3. Specific dollar amounts and storage amounts for tier purchases and Additional Storage Renewal are not embedded in these Terms; they are displayed on the Pricing page and on the checkout screen.

5.2 Paid Tiers Are Subscriptions. Paid tiers are sold as subscriptions that renew automatically, monthly or yearly as you choose at checkout, until you cancel. Before you pay, the checkout screen shows the tier, the price, how often you will be charged, when the first renewal will happen, and how to cancel, next to the button you press to pay. You agree to automatic renewal by checking a box that is not checked in advance. We keep a record of that agreement, including the text you agreed to and when, for at least three (3) years.

5.2A Cancelling a subscription. You can cancel any subscription in your account settings, in a single step, online, the same way you signed up. We may show you one optional offer when you cancel, which you can skip. Cancellation takes effect at the end of the period you have already paid for: you keep your tier until then, and you are not charged again. The renewal date is the last day to cancel before a renewal; a yearly subscription cancelled on its renewal date is refunded as §5.6(a) describes. Emailing support@passings.io also cancels. When the paid period ends, your account moves to the free tier under §5.4. Ending a subscription does not by itself delete your content (§5.4).

5.2B Renewal reminders and receipts. For a yearly subscription, we email you thirty (30) days before each renewal date, stating that the subscription renews unless you cancel, the renewal date (which is the last day to cancel), the amount, and a link to cancel. For a monthly subscription, we email you once a year, thirty (30) days before each twelve-month anniversary of the subscription, stating the monthly amount and how to cancel. After every renewal charge, monthly or yearly, we email you a receipt stating the amount charged and how to cancel.

5.2C When an account holder dies. Once we confirm an account holder's death under §22.2, we pause that account holder's renewals, and we will not knowingly charge the deceased person's payment method again. §22 governs what the Passings Successor may then do.

5.3 Included Storage and Additional Storage Renewal. Each paid tier comes with Included Storage for the Document Vault, the Legacy Center, and the Media Library, in the amounts described on the Pricing page. For a paid-tier purchase made on or after October 1, 2026, Included Storage is part of your paid tier described in §5.2: it does not require any separate renewal or subscription to remain available to you while your tier is active, and it is not reduced because you do not purchase additional storage. If you want more space than your tier includes, you may add extra storage as a yearly subscription (the Additional Storage Renewal), in the amount and at the price shown when you buy it. Extra storage is never pre-selected and is never a condition of buying a tier. §5.2 to §5.2C (renewal, cancellation, reminders) apply to it as they do to a tier.

Grandfathered Purchases. If you purchased paid-tier access before October 1, 2026, that purchase is a Grandfathered Purchase. Under §5.1, the storage allocation and the Additional Storage Renewal terms in effect when you made a Grandfathered Purchase continue to apply to it, with one change made in your favor: if the Additional Storage Renewal for a Grandfathered Purchase lapses, is canceled, or is not paid, your active storage allocation reverts to the Included Storage offered for your tier on and after October 1, 2026, rather than to the free-tier allocation, and only content in excess of that Included Storage enters the read-only state described in §5.4. A later purchase of a different paid tier is a new purchase governed by the terms in effect when you make it.

Existing extra storage. If you added an Additional Storage Renewal before the effective date of this version of these Terms, it keeps the storage amount, price and renewal terms it had when you added it until you cancel it.

5.4 Canceling Additional Storage Renewal. You may cancel at any time through your account settings or by emailing support@passings.io. Cancellation takes effect at the end of the current paid renewal period. If you do not renew, content in excess of the allocation that then applies to you under §5.3 (your tier’s Included Storage) enters a read-only state: new uploads that would exceed that allocation are paused, and you may continue to log in, view, download, and export all of your content. Passings does not delete your content as a consequence of non-renewal. Any Legacy Content you have already sealed remains set to be delivered on its “When to open” trigger; a lapse pauses your ability to add new content but does not cancel deliveries you have already sealed. Your content remains under your control until you explicitly request deletion under §5.5, or until Passings deletes an inactive account under the account-dormancy schedule described in the Privacy Policy. Canceling Additional Storage Renewal does not cancel your account or your tier subscription. Where the account holder has died and the death has been verified per §22.2, the dormancy clock is paused as described in §22.6, regardless of whether an Additional Storage Renewal subscription remains active during that pause.

5.5 Account Cancellation, Data Deletion, and Pending Legacy Content. You may request deletion of your Passings account at any time through your account settings. Upon requesting deletion, your account enters a thirty (30) day cooling-off period. During this period, your session remains active; you may log in, export your data, and continue to use the Service. A pending deletion is canceled only by your affirmative choice: selecting Keep My Account when you sign in during the cooling-off period, or choosing Cancel Deletion in your account settings. Signing in or otherwise using your account does not by itself cancel a pending deletion, and downloading or exporting your data does not affect it. After the thirty (30) day cooling-off period, your account and personal data are permanently deleted from our primary systems. Certain records are retained for legal and operational reasons as described in the Data Retention section of our Privacy Policy. Deletion terminates the license granted to you, revokes access to all paid features, and ends any active subscription, including any Additional Storage Renewal. If other people still use a Plan you own, §24.10 also applies.

Pending Legacy Content. Legacy Content is delivered only after Passings confirms your death and releases it, as §11 describes, and the “When to open” timing you chose is the earliest a delivery goes out. Deleting your account removes the account against which a death could ever be verified, so a death-triggered delivery cannot survive your deletion. Passings will therefore not hold Legacy Content after your account is deleted in the expectation of a future death report, and does not retain identifying information about a deleted account holder in order to match one.

Accordingly, if you have sealed Legacy Content at the time you request account deletion, Passings will, during the thirty (30) day cooling-off period and regardless of your subscription tier, present each item and let you choose for each: (i) deliver it now, before deletion completes; or (ii) cancel the delivery and permanently delete the content with the rest of your account data. Deferred delivery is not offered, because there would be no trigger left to fire.

Before you choose, you may download all of your sealed Legacy Content, together with the recipient details and the “When to open” value you set for each item, as a single archive. Downloading is available for every item regardless of the election you make, and is offered in addition to the general data export described above. Downloading does not itself deliver anything to a recipient, does not change or record an election, and does not pause the cooling-off period or the default in the following paragraph.

If you do not respond before the cooling-off period expires, Passings will default to option (ii) (cancellation and permanent deletion) and will try to send a final notice to your account email before that default takes effect.

This election applies only where you delete your account. It does not apply on your death: Legacy Content you have sealed is delivered on its “When to open” trigger under §11, and §22 governs what happens to your account and Plan.

5.6 Cancellation and Refunds. Monthly charges are not refunded. Yearly charges are not refunded, except that: (a) if you cancel a yearly subscription on its renewal date (the calendar day, in Coordinated Universal Time, on which the renewal is charged), we refund that renewal charge in full; (b) if we did not send you the reminder §5.2B describes before a yearly renewal, we refund that renewal charge if you ask; (c) you keep the price-increase rights in §20.3; (d) we correct billing errors; and (e) we give any refund the law of your state requires. If you accepted version 1.32 of these Terms, a yearly charge made while version 1.32 governed your subscription stays refundable as that version provided: in full if you cancel within fourteen (14) days after the charge, once in any twelve (12) months. When we refund a charge under (a), (b) or that version 1.32 provision, the subscription ends at once.

Subscription cancellation. A canceled subscription (a paid tier or an Additional Storage Renewal) ends as §5.2A describes. You may cancel as described in §5.2A and §5.4; notifying your card-issuing bank or credit card company that you no longer wish to subscribe, or initiating a chargeback, does not constitute cancellation and will not serve as a valid means of cancellation. Disputes about a particular charge are routed through our internal support workflow (support@passings.io); chargebacks initiated through your card-issuing bank may, in our discretion, trigger temporary suspension of account features pending resolution.

Price changes. We may adjust prices. We will email you thirty (30) days before a price change takes effect, stating the new price, the date it takes effect, and how to cancel; we may also send you a reminder before that date. The new price applies only to renewal terms that begin after that notice. You may cancel the renewal at any time before the new price takes effect, from your account settings. If you take no action, your subscription continues at the new price on its next renewal.

Billing errors. If you believe a charge was made in error, contact support@passings.io within thirty (30) days.

5.7 Card Capture and Saved Payment Methods. When you provide a payment method to Passings, we use Stripe to capture and store the card token. The card details themselves are stored by Stripe, not by Passings. You authorize Passings to charge the captured method for your tier subscription charges, any active Additional Storage Renewal charges, any one-time purchase you make, and any other charges you affirmatively initiate. By providing a payment method, you certify that you are at least 18 years of age and that you are the cardholder of the payment method provided or are expressly authorized by the cardholder to use it, and you agree that you remain responsible for charges made using your payment method by anyone in your household or organization whom you have authorized. Your obligation to pay a charge you have authorized does not depend on your use of the Service; a purchase or renewal is effective, and payment is due, on the date of the purchase or renewal, not the date of your first use of the Service. You may update or remove the saved payment method at any time through your account settings; removing the saved method on file before a renewal date will cause the renewal to fail; if the renewal is not completed, the subscription ends and the read-only consequences described in §5.4 apply.

5.8 Free Trials and Complimentary Offers. Passings may periodically offer free trials or other complimentary offers allowing you to evaluate paid-tier features as a “Trial Member.” A free trial or complimentary offer begins on the date of enrollment, not the date the features are first used after enrollment. These Terms, other than payment obligations, apply to Trial Members during any trial or complimentary period. Where a trial or offer converts to a paid purchase or subscription, the terms, disclosures, and cancellation rights described in §5.2, §5.3, §5.6, and Section 20 apply, and any disclosures required by applicable automatic-renewal law will be presented before you incur a charge.

5.9 Obituaries and Memorial Pages.

(a) Obituaries. You may create and share an obituary (Chapters I and II of the obituary and memorial editor) on any tier, free. A published obituary may display advertising. AI writing help for obituaries is included in paid tiers. Monthly AI message limits reset at the start of each calendar month.

(b) Full Memorial Page. A full Memorial Page is included with a paid tier while the subscription is active, or you may buy one as a one-time purchase under §5.9(c). A full Memorial Page never displays advertising. If a paid-tier subscription ends, a Memorial Page published while it was active stays published: we do not take it down because the subscription ended. §5.9(d) says how long it stays online.

(c) One-time Memorial Page purchase. You may buy a single full Memorial Page for one Plan Principal as a one-time purchase, without a subscription. It is charged once and never renews. It includes the full memorial page features and up to fifty (50) photos on the page. Video and larger galleries are available with a paid tier.

(d) How long a full Memorial Page stays online. We will keep a full Memorial Page online for at least ten (10) years from the date it is first published. This applies the same way to a page bought under §5.9(c) and to a page published while a paid-tier subscription was active, whether or not the subscription is still active. After those ten years, whether it stays online is at Passings' discretion, and before we take it offline we will always first offer you, and the people with edit access to the page under §24.5, a complete copy to download, as a PDF and as a self-contained web version. This does not apply to a page we remove under §7.3 or §15.2, a page the law or a court order requires us to remove, where §23 prevents it, a purchase that ends under §5.9(g), or if Passings stops operating the Service as §5.9(f) describes. You may unpublish, make private, edit or delete it at any time, and a Passings Successor's rights under §22 and §24 apply to it.

(e) Your copy. You may download a complete copy of a purchased Memorial Page at any time, as a PDF and as a self-contained web version.

(f) If Passings closes. If we ever stop operating the Service, we will give you at least ninety (90) days' notice by email before any full Memorial Page goes offline, so that you can download it, and we will make a good-faith effort to move public Memorial Pages to a public archive.

(g) Refund. Once the page has been published, a one-time Memorial Page purchase is not refunded. If you have never published the page, we refund it in full if you ask within fourteen (14) days after you buy it. We also correct billing errors and give any refund the law of your state requires, as §5.6 provides. If a purchase is refunded in full, or the payment is reversed through a dispute with your card issuer that is decided against you, the purchase ends: the full Memorial Page features are no longer shown and the page continues as an obituary under §5.9(a). We do not delete anything you added to the page because a purchase ends. A partial refund does not end the purchase.

6.1 Passings’ Intellectual Property. The Passings name, logo, trademarks, service marks, the platform technology, and all original content of the Service (other than User Content) are owned by Passings Holding LLC and licensed exclusively to Passings LLC for operation of the Service. All rights are reserved.

6.2 Your License. Subject to your compliance with these Terms, Passings grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial end-of-life planning purposes.

6.3 No Reverse Engineering. You may not copy, modify, distribute, sell, lease, reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Service, except to the extent applicable law expressly prohibits such restrictions.

7.1 Ownership. You retain ownership of all User Content you submit to the Service. By submitting User Content, you grant Passings a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display your User Content as necessary to provide the Service to you and to your authorized Collaborators. For User Content you elect to publish or share (such as a public Obituary/Memorial Page, an obituary, or shared Legacy Content), you additionally grant Passings a worldwide, non-exclusive, royalty-free license to reproduce, adapt, format, publicly display, distribute, and transmit that content, and to sublicense these rights to our subprocessors and to third-party search and caching services, as necessary to operate the publishing, memorial-directory, media, and AI-assisted features you choose to use. Each license is limited to operating the Service and ends when you delete the content or your account, except for copies already distributed to third parties before deletion or retained as required by law.

7.2 Responsibility. You are solely responsible for your User Content, including its legality, accuracy, and appropriateness. You represent and warrant that you have all rights necessary to grant the license in §7.1 and that your User Content does not violate any third party's rights, any applicable law, or our Acceptable Use Policy.

7.3 Removal. Passings may remove or refuse to display User Content that violates these Terms, our Acceptable Use Policy, or applicable law.

7.4 Publishing as Public; directory listing acknowledgment. Publishing an Obituary/Memorial Page as public makes it accessible to anyone on the public internet, discoverable by search engines, and listed in the public memorial directory at https://passings.io/in-memory/. You acknowledge and agree that the only reliable means of preventing directory listing and search-engine discoverability is to publish the Obituary/Memorial Page as private (token-only URL) or to leave it unpublished, and that once a page has been published as public, third-party caches may persist its content after subsequent unpublication. The consequences of public publication include the fields shown on the page, the description supplied to search engines, social-share previews, and third-party caches that may keep the page's content after it is unpublished.

7.5 Reversing publication. A published Obituary/Memorial Page may be unpublished or changed from public to private at any time by a person authorized under §24.5. Reversal removes the page from the public memorial directory and asks search engines not to index it; third-party caches are outside Passings’ control and may persist for a period thereafter.

7.6 Cover Photo and other uploaded imagery. When you upload a photograph or other image to be displayed on an Obituary/Memorial Page (including the Cover Photo and any photograph appearing within the obituary text via Markdown), you represent and warrant that:

(a) You hold or have obtained the rights necessary to upload, display publicly, and distribute the image on the Service. This includes any copyright, publicity, or contractual rights held by the original photographer, the subjects depicted in the photograph, or any rightsholder under applicable law.

(b) You have obtained any consents required from individuals depicted in the image other than the deceased, to the extent such consents are required by applicable jurisdiction (jurisdictions vary on the necessity of consent for use of identifiable photographs of living persons).

(c) You will not upload imagery that infringes a third party’s copyright, trademark, right of publicity, or right of privacy, and you will not upload imagery whose distribution is restricted by court order, settlement, or contract.

You agree to indemnify and hold Passings harmless from any claim, demand, loss, liability, fee, or expense (including reasonable attorney’s fees) arising from a third party’s allegation that an image you uploaded violates the rights referenced in (a)–(c). The cap and procedural framework for this indemnification follow the general indemnification provisions in §14 (Indemnification).

You agree not to submit, upload, or share User Content that violates our Acceptable Use Policy, including (without limitation) content that is unlawful, infringing, harassing, or that contains sexually explicit, obscene, or gratuitously graphic imagery.

Passings does not pre-screen uploaded imagery for compliance with this Section. Passings will, however, evaluate takedown requests received from rightsholders or affected individuals through the procedures described in §7.9 (Copyright Infringement Notices) and in the Trust & Safety Policy (Obituary/Memorial Page content moderation).

7.7 Technical scope of uploaded imagery. Passings limits the source of Cover Photo images to imagery uploaded through the Service and served from the Service’s own storage. URLs pointing to externally hosted images are not displayed. This protects the integrity of the Obituary/Memorial Page (an external image source could disappear or be replaced after publication) but does not relieve the uploader of the representations in §7.6.

7.8 Feedback. We welcome feedback, comments, and suggestions for improvements to the Service (“Feedback”). Feedback is distinct from User Content, and the license in §7.1 does not apply to it. You agree that all Feedback is the sole and exclusive property of Passings, and you hereby irrevocably assign to Passings all right, title, and interest in and to all Feedback, without any right to compensation, attribution, or accounting. Passings may use, disclose, and exploit Feedback for any purpose, and may assign or license Feedback to Passings Holding LLC, without restriction.

7.9 Copyright Infringement Notices (DMCA). Passings respects the intellectual property of others and expects users of the Service to do the same. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. §512, and, in appropriate circumstances, to terminate the accounts of repeat infringers. If you believe that material available on or through the Service infringes your copyright, notify our designated agent: Jason Cahill, Passings LLC, 2501 Chatham Rd, Suite R, Springfield, IL 62704, USA; email: legal@passings.io. Your notice must include: (a) identification of the copyrighted work you claim has been infringed; (b) identification of the material you claim is infringing and information reasonably sufficient to locate it on the Service; (c) your name, address, telephone number, and email address; (d) a statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; (e) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. If we remove or disable access to material in response to a notice, we will make a good-faith attempt to notify the user who posted the material so that the user may submit a counter-notification under 17 U.S.C. §512(g). Because §512(g)(3) requires the signature and the sworn statement of the subscriber whose material was removed, a counter-notification concerning a deceased user's material may be submitted only by the Passings Successor designated under §22 or, where a Provider published the material and is the subscriber of record, by that Provider; where no such person exists, no counter-notification is available for that material. Knowing material misrepresentations in a notice or counter-notification may expose you to liability for damages under 17 U.S.C. §512(f). If you are not sure whether material available on the Service infringes your copyright, or whether material you posted is infringing, you should seek legal advice before submitting a notice.

Our collection, use, and protection of your personal information are described in our Privacy Policy at passings.io/privacy, which is incorporated into these Terms by reference.

You agree not to use the Service to: violate any applicable law or regulation; infringe any intellectual property, privacy, publicity, or other right of any person; upload or transmit malware, viruses, or harmful code; harass, threaten, or harm any other person; impersonate any person or entity; interfere with or disrupt the Service; attempt to gain unauthorized access to any part of the Service, any other user’s account, or any subprocessor’s systems; use any automated means (including robots, spiders, scrapers, or offline readers) to access the Service, or systematically download, index, or extract data or content from the Service, other than as expressly permitted by us; frame, mirror, or co-brand any part of the Service, or use the Service to build a competing product or service, without our prior written consent; sell, rent, lease, sublicense, or otherwise transfer or commercially exploit the Service; probe, scan, or test the vulnerability of the Service or breach or circumvent any security or authentication measure; forge any TCP/IP packet header or any part of the header information in any email or posting; or send unsolicited bulk email, spam, or other unsolicited communications through the Service. See the Acceptable Use Policy at passings.io/legal/aup for additional detail.

9.1 Investigations; Release. Passings may investigate suspected violations of these Terms, the Acceptable Use Policy, or applicable law, and may involve and cooperate with law enforcement authorities, including by complying with valid legal process requesting or directing Passings to disclose the identity of anyone believed to have engaged in unlawful conduct. Where reasonably necessary to resolve a security incident, Passings may disclose relevant details to system administrators at other sites. To the maximum extent permitted by applicable law, you release Passings from all liability for actions taken in good faith during or as a result of its investigations and for actions taken in good faith as a consequence of investigations by Passings or by law enforcement authorities. Nothing in this §9.1 limits the statutory damages preserved in §13.2.

The Service includes a marketplace through which you may discover and contact third-party Providers of end-of-life services. Providers are independent third parties, not employees or agents of Passings. The fee arrangement between you and any Provider is solely between you and the Provider; Passings is not a party to that arrangement. We do not guarantee the quality, accuracy, safety, or lawfulness of any Provider’s services. Passings does not recommend or refer you to any Provider and is not responsible for any Provider’s acts or omissions. Disputes between you and a Provider are between you and that Provider; Passings may, at its discretion, assist in resolving disputes but is not obligated to do so. Provider listings may show marks that state a fact about a Provider (such as a license we checked) as of the date we reviewed it, and labels that identify paid advertising (such as Featured Placement). A mark is not a guarantee that the fact is still true, and no mark or label is Passings’ endorsement or recommendation of any Provider.

Listings from public sources. Some listings are built by Passings from public sources, such as business directories and state licensing records, before the business has claimed them. Each one is labeled “Listed from public sources. Not yet verified by this provider.” Passings does not check these listings and they may be out of date. A business can claim its listing, or ask us to correct or remove it, at passings.io/listing-removal. Anyone can report a listing that is wrong or unsafe from the listing or on that page.

How results are ordered. Ordinary results are ordered by distance from the location you search or by name, or by an order you choose. No payment to Passings changes that order. Providers that pay for Featured Placement also appear in a separate band labeled as paid advertising.

Prices. A price shown on a listing is the Provider’s own estimate. It is not a quote or an offer, and Passings does not check it. Ask the Provider for its full price list, which for a funeral home includes the General Price List the FTC Funeral Rule requires.

Information from Providers. Listings and other content that Providers supply are the Providers’ own. Passings is not responsible for that content and does not adopt it.

10.1 Affiliate Links and Compensated Referrals. Some links in the Service direct you to a third-party merchant rather than to a Provider in the marketplace. Where you follow such a link and complete a purchase, Passings may receive a commission from that merchant. This does not change the price you pay. Passings selects those merchants itself; no merchant may purchase, bid for, or otherwise obtain an affiliate placement, a more prominent placement, or a more favorable position relative to any other option presented on the same surface, and no merchant’s payment determines whether it is selected or where its link appears. Where an affiliate link appears alongside a link to the provider marketplace, the marketplace option is presented no less prominently. Each affiliate link is disclosed as paid at the point of the link. Passings does not represent that it has tested, inspected, or independently evaluated any affiliate merchant’s products. Passings does not maintain an affiliate relationship with any provider of legal services, legal-document preparation, or legal-document software. The Affiliate Terms govern these arrangements in full.

10.2 Third-Party Links. The Service may contain links to websites, resources, or services operated by third parties other than marketplace Providers and the affiliate merchants described in §10.1. These links are provided for your convenience only. Passings has not necessarily reviewed, and does not endorse or assume responsibility for, the content, products, services, advertising, or privacy practices of any linked third-party site, and you access linked sites at your own risk. Your dealings with any third party reached through the Service are solely between you and that third party. We invite feedback about linked sites at support@passings.io.

10.3 Plans Provided by a Provider.

(a) What this is. A funeral home, cremation provider or cemetery that you have already engaged (a "Sponsoring Provider") may arrange for Passings to invite you to a Passings plan shown with its name (a "Sponsored Plan"). The Sponsoring Provider pays Passings for the software that lets it do this. Accepting one is your choice: you may decline an invitation, and a Sponsoring Provider may withdraw an invitation before you accept it.

(b) Passings provides the plan. Passings, not the Sponsoring Provider, provides your Sponsored Plan to you under these Terms and the Privacy Policy, as it does any Passings plan. The Sponsoring Provider does not write or review the planning content, cannot change, suspend or end your plan, and is not responsible for the Service. Each Sponsored Plan is shown as "Passings Pro, through [Provider name]", with the Sponsoring Provider's logo from its Passings profile, and says: "Planning content is written by Passings. [Provider name] does not write or review it, and Passings does not recommend any provider."

(c) Not a recommendation. Showing a Sponsoring Provider's name is not a recommendation by Passings, and nothing in a Sponsored Plan is legal advice. You are free to use any provider for any service. The marketplace continues to show you other providers in the usual order. No payment changes which providers you are shown, their order, or whether any is hidden.

(d) What the Sponsoring Provider sees. The Sponsoring Provider gave Passings your name and email so that we could invite you. It sees your name, your email, and whether the invitation was sent, accepted or expired. It never sees what is in your plan or anything worked out from it (for example, whether a document is complete or which choices you made), your Passings tier, or your purchases from Passings.

(e) Your tier, and when the sponsorship ends. While the Sponsoring Provider's license is active, your Sponsored Plan includes the features of the Pro tier. If you already pay for a Pro subscription when you accept a Sponsored Plan, we cancel that subscription and refund the unused part of the period you paid for. If you have Premium, nothing changes and you keep paying for Premium. A Sponsoring Provider may stop sponsoring plans at any time. If the license ends, we email you, and your Pro features continue for thirty (30) days after the license ends. Your plan then moves to the free tier. We never move you onto a paid subscription unless you choose one yourself. Your plan, and everything you have put in it, stays yours. If your plan then has more content than the free tier allows, the extra content becomes read-only under §5.4: you can view, download and export everything, and nothing is deleted. You may subscribe to Pro yourself at any time. The provider's name and logo stop showing on the plan. Any provider you yourself confirmed on your plan stays until you change it.

(f) Invitation emails. If you decline an invitation, or it is not accepted, Passings deletes your name and email within ninety (90) days and keeps only a count that identifies no one. Every invitation email includes an unsubscribe link and our postal address. Once you unsubscribe, Passings sends you no further provider invitations.

10.4 Sending a Request to a Provider.

(a) When you choose to send a request to a Provider, it goes only to the Provider you choose. You are asking us to give that Provider your information so that it can respond to you.

(b) Before the Provider accepts your request, it sees a preview: the first name and last initial of the name you enter, the first name and last initial of the person your plan is for, the first three digits of your ZIP code, the category and timing of your request, any service level you chose, and the first 100 characters of your message. If it accepts, it receives your name, email, ZIP code, your full message and your answers to the request questions. It receives your phone number only if you check the box agreeing that the Provider may call or text you. That consent is not a condition of any purchase.

(c) In some categories, such as hospice and palliative care, the Service does not send requests. Those listings show the Provider’s contact details, and any contact is directly between you and the Provider.

(d) When you open the request form from a plan, some details are filled in from that plan: the first name and last initial of the person the plan is for, the ZIP code on the plan, and, where a death is recorded on the plan, the timing. They appear in the form before you send it, and you can change the ZIP code and the timing. If you send the request from a task in your plan, the Provider also receives which task it came from. For an attorney, after it accepts, the Provider also learns whether your plan notes that the person owns a business or has significant assets. Nothing else from your plan is sent with a request. A Provider must use your information only to respond to your request, and the provider agreement requires it to protect your information.

(e) You may tell a Provider directly that you want it to stop contacting you.

(f) Sending a request is free for you. Depending on the category, a Provider may pay Passings a fee when it accepts a request, or may pay a subscription that covers requests.

Passings offers features that allow you to leave messages, letters, recordings, or other content for specified recipients, to be delivered after your death.

When to open. You set a “When to open” value on each individual piece of Legacy Content. Nothing is delivered when a death is first reported. Legacy Content is released only on confirmation of your death, which happens when Passings confirms your death from official documentation (such as a death certificate), or when the challenge period in §22.2 ends with no contest open, whichever comes first. This is the event §22.2 calls verification of your death. Every option counts from that confirmation, not from the date of death:

(a) upon death confirmation: delivered once your death is confirmed; (b) 24 hours after death confirmation; or (c) one month after death confirmation.

The option you choose is the earliest a delivery goes out. Delivery follows Passings’ confirmation of your death and its release of the Legacy Content, and may come later than the option you chose. Your Passings Successor may delay a delivery by up to fourteen (14) days, but cannot stop or cancel it (§22.4(e)).

Legacy Content may not be set for delivery on an arbitrary future calendar date, and delivery may not be deferred by a period of years. Passings retains undelivered Legacy Content for no longer than ninety (90) days following verification of your death, plus the time reasonably required to attempt delivery.

By using these features, you acknowledge and agree:

Passings acts solely as a neutral delivery service; we do not create, endorse, or control the substance of Legacy Content.

You are solely responsible for the content you schedule for delivery, including its appropriateness for the intended recipient. Content directed to a recipient you know or reasonably should know is a minor must be age-appropriate.

You are solely responsible for the accuracy of all recipient contact information you enter. Passings has no ability to verify recipient contact information and is not responsible for delivery to an incorrect, outdated, inactive, or unintended email address resulting from information you provided.

Passings may review Legacy Content reported as violating our Acceptable Use Policy or applicable law and may suspend or decline delivery accordingly.

Recipients may opt out of receiving future scheduled messages from Passings by using the link included in each delivery.

Passings may suspend scheduled delivery upon receipt of a verified court order, a legitimate guardian request regarding a minor recipient, or a report of AUP violation.

Passings is not a party to any family dispute concerning Legacy Content and reserves the right to require legal process before disclosing your identity or delivery metadata to any third party.

Every delivered Legacy Content email will disclose that the content was left by you and transmitted through Passings.

Recipient contact information is retained and deleted as described in the Data Retention section of the Privacy Policy.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will operate uninterrupted, error-free, or free from viruses or other harmful components. We do not warrant the accuracy, completeness, reliability, or timeliness of any content available through the Service. AI features provide general educational information; they do not provide legal, medical, financial, or other professional advice. Passings is not a law firm, a funeral provider, or a health care provider, and using the Service does not create an attorney-client or other professional relationship. Information provided by Providers in the marketplace is provided by the Providers themselves; Passings does not independently verify Provider-supplied information. Updates to the Service may not be consistent across all platforms and devices, and a version of the Service or its mobile applications that has not been refreshed or updated may not reflect the most recent features, functionality, or content. We back up our database daily and keep each backup for seven (7) days. Files you upload, such as documents, photos and recordings, are not included in those backups, so a file that is deleted, including by mistake, may not be recoverable. The Service is not a substitute for keeping your own copies of important original documents.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PASSINGS LLC, PASSINGS HOLDING LLC, THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, PARTNERS, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER. This limitation applies regardless of the theory of liability, whether in contract, tort (including negligence), strict liability, or otherwise, and even if Passings has been advised of the possibility of such damages. The excluded damages include, without limitation, loss of profits, revenue, data, goodwill, business opportunity, or any other intangible losses.

13.1 Cap. Except as expressly preserved in §13.2, Passings’ total cumulative liability to you for all Disputes (as defined in §17.3.1) arising out of or relating to these Terms, the Service, or your use of the Service is limited to the greater of (i) US$100 or (ii) the total amount of fees you paid to Passings in the three (3) months immediately preceding the event giving rise to the Dispute.

13.2 Statutory damages carve-out. The cap in §13.1 does not apply to damages or remedies that are expressly preserved to you as a consumer or resident by applicable statute, including without limitation: (a) statutory damages under the California Consumer Privacy Act / California Privacy Rights Act (Cal. Civ. Code §1798.150); (b) statutory damages under the Illinois Biometric Information Privacy Act (740 ILCS 14/) where applicable; (c) any other statutory damages a court determines may not, as a matter of public policy, be capped by contract. To the extent such statutory damages apply, they apply on an individual basis only (subject to §17.3.4) and are recoverable only in the amount provided by the applicable statute.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. To the extent such limitations are prohibited in your jurisdiction, they may not apply to you in full, and our liability will be limited to the maximum extent permitted by law.

13.4 Waiver of Unknown Claims. With respect to any release you give under these Terms (including the release in §9.1), you expressly waive, to the maximum extent permitted by applicable law, the benefits of California Civil Code Section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party,” together with the benefits of any similar statute or common-law principle of any other jurisdiction.

You agree to indemnify, defend, and hold harmless Passings LLC, Passings Holding LLC, and their respective managers, members, officers, employees, contractors, agents, and licensors from and against any and all claims, demands, liabilities, damages, judgments, fines, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: your access to or use of, or inability to use, the Service; your User Content (including Legacy Content); your violation of any provision of these Terms; your violation of any right of another person or entity; your violation of any applicable law, regulation, or court order; or any misrepresentation made by you, including any misrepresentation regarding your age or the age of any collaborator or Legacy Content recipient. We reserve the right to assume exclusive control and defense of any matter subject to indemnification by you.

15.1 Termination by You. You may delete your account at any time per §5.5.

15.2 Termination by Us. We may suspend or permanently terminate your account and access to the Service at any time, with or without notice, if we have reasonable grounds to believe that you have violated these Terms or engaged in fraudulent activity. We may give advance notice of termination where we consider it appropriate.

15.3 Effect of Termination. Upon termination, your license to use the Service ceases immediately, except that you retain access for the limited purpose of exporting your content as this Section provides. Where we terminate your account for cause under §15.2, you will have at least thirty (30) days from the notice of termination to export your content, unless the termination is for fraud or unlawful content, export would put others or the Service at risk, or the law prevents it. We may end access after that period, but we do not do so automatically, and we will not end your export access while an appeal under §15.4 is open or within seven (7) days of an appeal being denied. Except as stated in this Section, termination does not by itself delete your content; your content is retained and deleted as described in the Data Retention section of our Privacy Policy. Termination does not entitle you to a refund of subscription fees or one-time purchase fees already paid, except as provided in §5.6. Upon termination, any active subscription, including any Additional Storage Renewal, is canceled and you will not be charged for any renewal period beginning after the termination date. If your account is terminated by us and you have prepaid for a renewal period that has not yet begun, we will refund that prepaid amount. Any payment obligations that accrued before termination remain due.

15.4 Appeal of Suspension or Termination. If we suspend or terminate your account under §15.2 and you believe we made a mistake, you may appeal within thirty (30) days of our notice by contacting support@passings.io with “Account Appeal” in the subject line and any information you would like us to consider. The Passings team will review the appeal afresh, taking account of any information you provide, and we will try to tell you the outcome within thirty (30) days of receiving it. If the appeal is granted, your access is restored and any unpublished content is republished. If you appeal, the §15.3 export window is tolled from the date we receive your appeal until we notify you of the outcome, and we will preserve your content until the appeal is decided; if the appeal is denied, you will have no fewer than seven (7) days from that notice to complete your export. This appeal path is voluntary: using it does not waive, and is not a precondition to, any right you have under §17.

These Terms and any dispute arising from or relating to them or your use of the Service are governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions, except that the Federal Arbitration Act (9 U.S.C. §1 et seq.) governs the interpretation and enforcement of §17.3 (Binding Arbitration; Class Action Waiver).

17.1 Informal Resolution. If you have a dispute with Passings, we encourage you to contact us first at legal@passings.io so that we can try to resolve it informally. Many concerns can be addressed quickly and without legal process.

17.2 Equitable Relief. Notwithstanding the foregoing, either you or we may seek injunctive, declaratory, or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.

17.3 Binding Arbitration; Class Action Waiver

Please read this Section carefully. It affects your legal rights, including by requiring most disputes between you and Passings to be resolved through individual binding arbitration rather than in court, and by waiving your right to participate in class actions, except as expressly preserved below.

17.3.1 Agreement to arbitrate. You and Passings agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your use of the Service (each, a “Dispute”) will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Consumer Rules”), as modified by this Section. The arbitration will be conducted by a single neutral arbitrator. The seat of the arbitration will be Cook County, Illinois; you may request that any in-person hearing be conducted in the county of your residence. The arbitrator will issue a reasoned written award.

17.3.2 Small-claims carve-out. Notwithstanding §17.3.1, either you or Passings may bring an individual claim in a small-claims court of competent jurisdiction in lieu of arbitration, provided the claim qualifies for small-claims jurisdiction under the applicable rules of that court (typically claims of US$10,000 or less). A small-claims action is the only alternative to arbitration permitted by this Section.

17.3.3 Public injunctive relief carve-out (McGill v. Citibank). Notwithstanding any other provision of this Section, you retain the right to seek public injunctive relief (injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public) in a court of competent jurisdiction, where such relief is preserved by applicable law (including, without limitation, the rule established by the California Supreme Court in McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017)). Claims for public injunctive relief brought under this §17.3.3 will be stayed pending resolution of any individual damages claim in arbitration under §17.3.1.

17.3.4 Class-action and representative-action waiver (severable). You and Passings each agree to bring any Dispute against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, mass, or representative proceeding. Without limiting the foregoing: (a) the arbitrator may not consolidate more than one person’s claims with your claims; (b) the arbitrator may not preside over any form of class, representative, or collective proceeding; and (c) the arbitrator may not award relief to or against anyone other than the individual parties to the arbitration. This §17.3.4 is a material term of these Terms. If a court of competent jurisdiction determines that this §17.3.4 is unenforceable as to any Dispute or category of Disputes, that determination does not invalidate §17.3.1: the arbitration agreement in §17.3.1 survives in full force as to all other Disputes and categories of Disputes, and the unenforceable portion of §17.3.4 is severed and litigated in court on a non-class basis to the maximum extent permitted by law.

17.3.5 Coordinated mass-arbitration procedures. If twenty-five (25) or more individual demands for arbitration with substantially similar claims are filed against Passings by, or with the coordination of, the same counsel or coordinated group of counsel within a thirty (30) day period, the following procedures apply, notwithstanding the AAA Consumer Rules to the contrary: (a) Bellwether selection. The first ten (10) demands selected by Passings and the first ten (10) demands selected by claimants’ counsel will proceed to arbitration as bellwether cases. The remaining demands will be stayed pending the bellwether outcomes. The arbitrator awards in the bellwether cases are non-binding precedent for the stayed demands. (b) Mediation window. After the bellwether awards issue, all parties will participate in a single mediation session before a mutually acceptable mediator within ninety (90) days, the cost of which is borne by Passings. (c) Sequential resolution. If the mediation does not resolve the stayed demands, they will proceed sequentially in batches of twenty-five (25), in the order filed, with no batch beginning until the prior batch has resolved. (d) Fee allocation. AAA filing fees for the bellwether cases are allocated under the AAA Consumer Rules (Passings pays Passings’ share). For demands that proceed after bellwether and mediation, you and Passings each pay your or its own AAA filing fees, with no fee-shifting except as the arbitrator awards. This §17.3.5 is a procedural modification of the AAA Consumer Rules under AAA Rule R-1(a) and does not waive any party’s substantive rights.

17.3.6 Severability. If any provision of this §17.3 (other than §17.3.4, which carries its own severability rule) is found unenforceable, the remainder of this §17.3 will be enforced to the maximum extent permitted by law, with the unenforceable provision severed.

17.3.7 Jury trial waiver. To the extent any Dispute is heard in court (e.g., under §17.3.2 or §17.3.3), you and Passings each waive the right to a trial by jury.

17.3.8 Claims by or on behalf of a deceased user. Where a Dispute is asserted on behalf of a deceased Passings user, the deceased user’s account, or the deceased user’s estate (whether by the Passings Successor designated under §22, by a Co-Author or Collaborator acting in a representative capacity, or by a court-appointed executor or administrator), the Dispute is subject to the deceased user’s arbitration agreement in effect at the time of death. A Co-Author, Collaborator, or other survivor asserting a Dispute in that person’s own individual capacity (for example, a Dispute concerning the person’s own Passings account, the person’s own data, or harm to that person personally) is governed by that person’s own acceptance of these Terms and that person’s own arbitration agreement. For the avoidance of doubt, a Legacy Contact is not a party to any Dispute concerning the Plan or the deceased user’s account by virtue of receiving Legacy Content.

18.1 Entire Agreement. These Terms, together with our Privacy Policy, Acceptable Use Policy, and any other legal notices published by us on the Service, constitute the entire agreement between you and Passings with respect to the Service and supersede all prior and contemporaneous agreements, representations, and understandings.

18.2 Severability. If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect. Severability rules specific to §17.3 apply per §17.3.4 and §17.3.6.

18.3 Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision unless acknowledged and agreed to by us in writing.

18.4 Assignment. You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

18.5 Third-Party Beneficiary. Passings Holding LLC, a Wyoming limited liability company that owns the intellectual property underlying the Service, is an intended third-party beneficiary of §6 (Intellectual Property), §13 (Limitation of Liability), and §14 (Indemnification), with standing to enforce those provisions directly. Except as expressly provided in this §18.5, these Terms do not create any third-party beneficiary rights.

18.6 If You Are Also a Provider. If you also use the Service as a listed Provider in the Passings provider marketplace, you are additionally subject to a separate provider agreement, which you accept during provider onboarding. These Terms continue to govern your use of the consumer planning Service, including any Plan you create for yourself or for another person. That agreement governs your activities as a Provider in the marketplace. To the extent a dispute arises out of your activities as a Provider, the agreement (including its arbitration provision) controls over any conflicting provision of these Terms; for all other matters, these Terms continue to apply to you. Where a single dispute arises out of both your activities as a Provider and your use of the consumer planning Service and cannot reasonably be divided, the dispute is administered under the AAA Consumer Rules pursuant to §17.3, unless the dispute predominantly concerns your marketplace activities as a Provider, in which case that agreement and the AAA Commercial Rules control. Predominance is determined by the arbitrator, or by the AAA before an arbitrator is appointed. If you have opted out of arbitration under the agreement that would otherwise administer the mixed dispute, the mixed dispute proceeds in court on the terms of that agreement.

18.7 Survival. Section 6 (Intellectual Property), Section 7 (Your Content, as to licenses in content already published or distributed before termination), §7.8 (Feedback), §9.1 (Investigations; Release, as to the release), Section 11 (Legacy Content Delivery, final paragraph), Section 12 (Disclaimers), Section 13 (Limitation of Liability), Section 14 (Indemnification), §15.3 and §15.4 (post-termination export and appeal, until export access is ended in accordance with §15.3), Section 16 (Governing Law), Section 17 (Disputes, including §17.3 Binding Arbitration and Class-Action Waiver), Section 18 (General Provisions), and §24.2 (as to Plan information a former Collaborator kept), together with any payment obligations that accrued before termination, survive any termination or expiration of these Terms and any deletion of your account.

18.8 Electronic Communications. You consent to receive communications, agreements, disclosures, and notices from us electronically (by email to the address on your account and by notices posted within the Service), and you agree that electronic records and signatures have the same legal effect as paper records and handwritten signatures under the federal E-SIGN Act and applicable state law (including the Illinois Uniform Electronic Transactions Act, 815 ILCS 333/). You may withdraw this consent by closing your account; withdrawal does not affect the validity of communications provided beforehand. In addition, if you provide a telephone number or email address to Passings, you give Passings your express written consent to contact you at that number or address regarding your account, your Plan, your purchases, and Service-related matters; consent to receive marketing messages is not a condition of any purchase, and you may opt out of marketing messages at any time using the mechanism provided in the message or through your account settings. Keeping the email address on your account current is your responsibility.

18.9 Order of Precedence. Where a conflict cannot be resolved by a more specific provision, the following order of precedence applies to your use of the consumer planning Service: (1) these Terms; (2) the Privacy Policy (which controls for matters of data handling and privacy rights); (3) the Acceptable Use Policy; (4) the Affiliate Terms, as to affiliate links and compensated referrals; and (5) any other legal notice we publish. Your activities as a Provider are governed by the separate provider agreement described in §18.6, and the applicable app store's terms apply as described in §4.5.

Email: legal@passings.io. Support: support@passings.io. Postal address: Passings LLC, 2501 Chatham Rd, Suite R, Springfield, IL 62704, USA.

Some U.S. states impose specific disclosure or consumer-protection requirements that supplement the general terms above. The disclosures in this Section 20 apply in addition to (and do not replace) the general terms; if any state-specific provision conflicts with a general term, the state-specific provision controls for residents of that state.

20.1 California Automatic Renewal Disclosure

This Section applies if you are a California resident. Subscriptions on the Service, including paid-tier subscriptions under §5.2 and the Additional Storage Renewal described in §5.3, are automatic-renewal subscriptions under California Business and Professions Code §17600 et seq. The Additional Storage Renewal is offered separately from the purchase of a paid tier and is never pre-selected; the disclosures and acknowledgment below are presented each time you choose to add it, including when it is offered because your account has reached a storage limit. Before you purchase or activate any such subscription:

the renewal frequency, renewal term length, renewal price, and the means of cancellation are presented to you at the point of purchase in clear and conspicuous typeface adjacent to the purchase button;

you must affirmatively check a separate acknowledgment box adjacent to the purchase button confirming you understand the subscription will renew automatically until canceled and that you authorize Passings (and Passings’ payment processor) to charge your payment method at the renewal price on the renewal date; and

after activation, Passings sends an email to the address on file confirming the renewal terms, the cancellation method, and your acknowledgment timestamp.

You may cancel any auto-renewal subscription at any time at no cost through your account settings or by contacting Passings Support at the address in §19. Cancellation takes effect at the end of the then-current billing period. The subscription will not renew on or after the next renewal date once canceled.

California consumer notice (Cal. Civ. Code §1789.3). Under California Civil Code Section 1789.3, California residents may reach Passings at the contact information in §19, and may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

20.2 Illinois Residents

Automatic-renewal disclosure (815 ILCS 601/): Paid-tier subscriptions under §5.2 and the Additional Storage Renewal in §5.3 are automatic-renewal subscriptions. The Additional Storage Renewal is optional, is offered separately from the purchase of a paid tier, and is never pre-selected. We will provide the disclosures and notices required by 815 ILCS 601/ on the checkout page at the time of purchase (including when the subscription is offered because your account has reached a storage limit) and, for a subscription with a term of twelve (12) months or more, by email thirty (30) days before each renewal date, which is also the last day to cancel (§5.2B and §5.6). Passings does not collect, store, or process biometric identifiers or biometric information as those terms are defined in 740 ILCS 14/.

20.3 New York Residents

If you are a New York resident, the limitations of liability and warranty disclaimers in §13 apply only to the extent permitted by New York law. Nothing in these Terms is intended to limit any right that cannot be limited under New York General Business Law §349 or §350. Automatic-renewal price increases (New York General Business Law §527-a): if the price of an automatic-renewal subscription (including a paid-tier subscription under §5.2 or the Additional Storage Renewal in §5.3) increases, you will receive advance notice of the increase, and you may cancel within fourteen (14) days after the increased charge and receive a pro-rata refund for the unused portion of that renewal term.

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You and Passings agree that we may update and amend these Terms as set out in this section.

How we handle a change depends on whether it is material.

Material changes. A material change is one that reduces your rights or increases your obligations. (Changes to the price of a renewing charge are handled separately under §5.6 and are not subject to this acceptance gate.) Thirty (30) days before a material change takes effect, we will give you notice of it both by email, at the address associated with your account, and by posting the updated Terms on the Service, in each case describing the change and the date it takes effect. Where the change affects the terms of a subscription, that email also tells you how to cancel. Before a material change applies to you, we will present the updated Terms and ask you to accept them with a single click ("I Agree") the next time you use the Service on or after that date.

Minor changes. A minor change is a clarification or correction that reduces none of your rights. We will post the updated Terms with a new effective date; no separate acceptance is required, and your continued use of the Service after that date applies the updated Terms.

If you do not accept a material change. You may decline. If you decline, you will be signed out. Declining does not delete your content or close your account, and you can review and accept the updated Terms the next time you sign in. Declining does not cancel a subscription: it continues, and renews, on the terms you accepted until you cancel it. You can cancel it through Manage subscription without accepting. Until you accept, you cannot use the rest of the Service.

Record of your acceptance. When you accept, we keep a record of that acceptance (your account, the date and time, the versions of the Terms and Privacy Policy you accepted, and technical details such as IP address and browser), retained as described in the Privacy Policy. You may request a copy from us at legal@passings.io.

22.1 Operator-set model. This Section explains what happens to your Plan after you die and who may act on it. A Plan you create may be operated, during your life, by you (the Owner) plus any Collaborators you designate. After your death, the Plan transitions to a post-death operational model in which a single fiduciary seat, the Passings Successor, is filled as provided in §22.3: by the person named in a valid Death Access Designation where one is on file, and otherwise by Passings’ designation. Once your death is verified under §22.2, only the Passings Successor operates the Plan, including actions that require a single legal signer (such as canceling a subscription or executing a binding payment authorization), and Co-Authors no longer operate it. A “Legacy Contact” has no operating authority over a Plan (see the definition in Defined Terms).

22.2 Reporting a death. The Owner of a Plan, a Co-Author of the Plan, or the person named in a Death Access Designation for the Plan may report the death of the Owner or Plan Principal through the Service. The person reporting states the date of death and their relationship to the deceased, and confirms that what they report is true. Passings does not require a death certificate or other documents before it acts on a report. Passings may, at any time and in its discretion, ask the person reporting, or anyone seeking to act on the account, for documents or other information (such as a death certificate, identification, or court documents), and may pause or decline to act on a report until it receives them. When a death is reported, Passings notifies the account holder at the account email, the Plan’s Collaborators, and the person named in any Death Access Designation. Anyone who believes a report is wrong, including the account holder, may contest it through the Service. The challenge period is seven (7) days and starts when Passings sends the notice to the account holder. In these Terms, a death is verified under this §22.2 when the challenge period ends with no contest open, or earlier if Passings, in its discretion, confirms the death from documents it has received. Until the death is verified, Passings decides, in its discretion, which of the actions in §22.4 a Passings Successor may take, and actions that cannot be undone wait as §22.5(e) describes. If Passings upholds a contest, or later determines that a report was made in error, it may revert the report as §22.7 describes.

22.3 Designation of Passings Successor.

(a) Your Death Access Designation (online tool). While living, a Plan author may complete a Death Access Designation (an agreement between you and Passings, separate from these Terms, presented and accepted in your Plan settings) naming a person as your Passings Successor and directing Passings to disclose to that person the digital assets associated with your Plan upon verification of your death under §22.2, to the extent you specify in the designation (including, if you so elect, the content of your electronic communications and stored files). This designation is intended to operate as an “online tool” direction under the Revised Uniform Fiduciary Access to Digital Assets Act as adopted in your state (in Illinois, 755 ILCS 70/4(a)); you may modify or revoke it at any time, with immediate effect; and, to the extent permitted by applicable law, it overrides a contrary direction in a will, trust, power of attorney, or other record. A valid, unrevoked Death Access Designation controls the Passings Successor designation for that Plan. The person you name need not hold a Passings account when named, but must create or hold a Passings account to assume the role. A Death Access Designation does not alter the encryption limits described in §22.9, and Passings retains the record of each election and revocation.

(b) Where no designation exists. Upon verification of death per §22.2, and absent a valid Death Access Designation under §22.3(a), Passings will designate as the Passings Successor one of the surviving Co-Authors, prioritizing in order: (i) a Co-Author holding a court appointment as executor or personal representative; or (ii) a Co-Author elected by unanimous agreement of all surviving Co-Authors and confirmed to Passings in writing. Passings reserves the right to decline to designate a Passings Successor where the surviving Co-Authors are in unresolved dispute about the designation, in which case no one operates the Plan and fiduciary actions are deferred until a court-appointed executor or administrator presents the court documents appointing them. If a designated Passings Successor later dies, resigns, or becomes unable or unwilling to serve, Passings may designate a replacement Passings Successor from among the surviving Co-Authors under the priority in this §22.3(b) or, where no surviving Co-Author is available, may treat the Plan under §22.7. Designation and re-designation under this subsection requires administrative action by Passings; users do not initiate it through self-service tools.

22.4 Scope of Passings Successor authority. A designated Passings Successor may, subject to §22.2 and to the limitations in §22.5: (a) edit the deceased’s Obituary/Memorial Page, unpublish it, or set it to Private, as §24.5 describes; (b) download Vault contents where the deceased’s Death Access Designation (§22.3(a)) elected full-content release; where the election was catalog-only or no designation exists, receive the Vault catalog without item contents; (c) confirm cancellation of any active subscription, including any Additional Storage Renewal, or recurring charges associated with the deceased’s account. Cancellation of a subscription paid by the deceased takes effect at the end of the then-current billing period; Passings will not knowingly charge the deceased’s payment method again. Stored content and Plan data continue to be retained according to §5.4 and §22.6 (verified-death dormancy pause) regardless of subscription status; (d) request hard deletion of the account (subject to the 30-day cooling-off period in §5.5); (e) where the Service allows, see which Legacy Content is waiting to be delivered under §11, to whom and when (but not its contents), and delay a delivery by up to fourteen (14) days; a Passings Successor cannot stop or cancel a delivery; and (f) on verified death, receive an invitation from Passings to start a new Additional Storage Renewal subscription on the Passings Successor’s own payment method, if the deceased had an active Additional Storage Renewal. The Passings Successor is under no obligation to accept this invitation; declining or ignoring the invitation does not affect the dormancy protections in §22.6. An active post-death subscription restores the paid tier’s active storage allocation so that the Passings Successor may add new content, such as memorial media, beyond the content preserved under §22.6; no subscription is required to maintain, view, or export the preserved content itself. Passings will not transfer the deceased’s payment method or charge the Passings Successor without a separate, affirmative subscription action by the Passings Successor.

22.5 Limits on Passings Successor authority. A Passings Successor is not authorized to: (a) read or intercept sealed Legacy Content addressed to other recipients; (b) access Vault item contents beyond the scope elected in the deceased’s Death Access Designation; (c) take any action that contradicts written instructions left by the deceased and recorded in the account; (d) accept any new contractual obligations on the deceased’s behalf; or (e) before the death is verified under §22.2, take an action that cannot be undone, such as deleting Vault documents, deleting the Plan, requesting deletion of the account, removing other people from the Plan or revoking their access, or changing a Death Access Designation.

22.6 Dormancy clock pause on verified death. Upon Passings’ verification of death per §22.2, the account-dormancy schedule described in our Privacy Policy is paused for the deceased’s account. While the pause is in effect, the account and its Plan content (including the Obituary/Memorial Page and any released memorial content) are preserved, and the Obituary/Memorial Page remains published, unless: (a) a deletion election recorded by the deceased, or a deletion request made by the Passings Successor under §22.4(d), directs otherwise; (b) deletion or removal is required by law or legal process; or (c) an authorized representative acting under §22.4 or §22.7 directs otherwise. Passings may in the future introduce a documented schedule for resuming the paused dormancy clock; if it does, Passings will give advance notice before any resumption applies to an account, and the introduction of such a schedule would be a material change to these Terms governed by §21.

22.7 No Passings Successor designated; reversal. If the deceased had no surviving Co-Author at the time of verified death, Passings will accept a post-death access request from a court-appointed executor or administrator who provides the court documents appointing them. Where no personal representative has been or will be appointed, Passings will also consider a request supported, in the following order of preference, by: (i) a small-estate affidavit conforming to the statute of the state administering the estate; or, failing that, (ii) an affidavit of next of kin sworn under penalty of perjury. For a request under (i) or (ii), Passings may require a death certificate and government-issued identification of the requester. Passings may require further evidence, may decline any such request in its sole discretion, and may limit what is released; a request under this paragraph is granted by administrative action and confers no authority beyond what Passings expressly grants. Nothing in this paragraph makes Passings the judge of who is entitled to a decedent's estate, and a grant here does not determine any question of succession between family members; in the absence of such a request, and where no death has been verified under §22.2, the account proceeds through the standard dormancy provisions of the Privacy Policy; the dormancy pause in §22.6 applies only to accounts for which a death has been verified under §22.2. If Passings later determines that the death verification was made in error, or if other circumstances warrant, Passings may revert the post-death status of a Plan, restoring the principal’s account access and clearing the Passings Successor designation. Reversal requires administrative action by Passings; users do not initiate reversal through self-service tools.

22.8 Per-plan scope of Passings Successor authority. A Passings Successor is designated per Plan, not per account, and a Death Access Designation under §22.3(a) is likewise made per Plan. Where the deceased authored more than one Plan and death has been verified for each under §22.2, each Plan may have a different Passings Successor. The authorities described in §22.4 attach to the Plan for which the Passings Successor was designated and do not extend to other plans the deceased may have authored.

22.9 Limitations of zero-knowledge encryption. Vault items protected with zero-knowledge encryption (shown in the Service as Maximum Security) cannot be decrypted by Passings or by any court order. Each Plan has one vault password, set by the Owner, or by a Co-Author who manages the Plan, when Maximum Security is first used, and one recovery key (a backup code) generated at the same time. Maximum Security items can be opened only with (a) the vault password or (b) the recovery key. Passings does not hold the vault password or the recovery key, cannot recover either of them, and cannot read Maximum Security items. A Co-Author, Collaborator or Passings Successor who holds neither (a) nor (b) cannot open the items, and if neither has been preserved, the encrypted Vault content is permanently inaccessible. Planners may choose to share the vault password with collaborators to allow access to encrypted documents.

22.10 Death or incapacity of a Collaborator. Sections 22.1 through 22.9, and §22.11, govern the death of the Plan Principal or Owner. Where a Collaborator other than the Owner (a Co-Author, editor, or viewer) dies or becomes unable to serve, the Plan continues to be operated by the Owner and the remaining operators. Passings may suspend or remove a Collaborator's access to a Plan upon notice of the Collaborator's death or incapacity, at the direction of the Owner or a designated Passings Successor, or on Passings' own initiative where continued access presents a security or privacy risk. The Owner (and, after verified death of the Owner, the Passings Successor) is responsible for managing Collaborator access, including removing Collaborators who should no longer have access. A deceased Collaborator's own account and any plans that Collaborator authored are governed separately under this §22.

22.11 Requests by persons claiming authority; default posture. Where a person claiming authority over a deceased user’s account or Plan (a fiduciary, agent, family member, or other claimant) requests disclosure of digital assets or any other action, and the request does not satisfy the applicable requirements of §22.2 and §22.3 or of the Revised Uniform Fiduciary Access to Digital Assets Act as adopted in the applicable state, Passings will deny the request. Where a request is incomplete or does not conform, Passings will notify the requester of what is missing and what would cure it, and the sixty-day period described below runs only from receipt of a complete, conforming request. Where Passings denies a request, it will state the basis for the denial. Passings acts only on the documents the applicable statute specifies for the tier of authority asserted, such as a certified death certificate; letters testamentary, letters of administration, or an order of a court of competent jurisdiction; and, where the statute so requires, the additional identifying information or court findings the statute describes. Passings will respond to a complete, conforming request within sixty (60) days of receipt, and sooner where reasonably practicable. Where two or more persons assert competing claims of authority over the same account or Plan, Passings may suspend the affected disclosures and fiduciary actions until the claimants resolve the dispute in writing, a court of competent jurisdiction directs Passings, or Passings elects to seek judicial guidance (including through an interpleader or similar proceeding); this posture supplements, and does not limit, §22.3(b) and §22.7.

Passings shall not be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including without limitation natural disasters, war, terrorism, civil disturbance, acts of government, fire, flood, network or power outage, death or mental or physical incapacity of key personnel at Passings, labor dispute, supply-chain disruption, or pandemic.

24.1 Collaborators. If your tier allows it, you may invite other people to view or help with a Plan as Collaborators. Each Collaborator needs their own Passings account, agrees to these Terms, and must be 18 or older (§4.1). Access to the Plan’s content and access to its sensitive areas are set separately, and one does not include the other. Sensitive areas include the Document Vault, media, Legacy Content, the Life Profile, medical information and the Obituary/Memorial Page. The Service shows which levels of access are available and who may grant or change them, and both may change over time. Access can be changed or removed at any time without notice. A Collaborator may leave a Plan at any time.

24.2 If you are a Collaborator. Your access to a Plan exists to help the Owner and the Plan Principal. You agree to: (a) use information from the Plan only for that purpose; (b) keep it confidential, and not share it outside the Plan without the Owner’s permission (after the Owner’s death, the Passings Successor’s permission); (c) not use it for any commercial purpose; and (d) not change the Plan in a way you know is contrary to the Owner’s or Plan Principal’s recorded wishes. When your access ends, you must stop using any Plan information you kept and delete it if the Owner or the Passings Successor asks.

24.3 What Passings does and does not control. Passings provides the sharing tools. The Owner decides who receives access and what they can see. Passings is not responsible for what a Collaborator, or anyone else you share with, does with access you or another authorized person granted. This includes copies they made, downloaded or decrypted while they had access, which Passings cannot recall after access ends (see also §22.9). Passings is not a party to disagreements between Owners, Collaborators and family members about a Plan, and §22.11 applies where people make competing claims.

24.4 Share links. If your tier allows it, you may share chosen sections of a Plan through a link. The person you send it to must sign in to a Passings account to see the shared content. They see only the sections you chose, and they cannot edit anything. A link can expire, as shown when you create it. You may revoke a link at any time. Revoking it stops later visits, but it cannot recall a page that is already open or information that has already been copied. Questions about a shared Plan’s content should go to the person who shared it, not to Passings.

24.5 Who controls an Obituary/Memorial Page. An Obituary/Memorial Page belongs to a Plan. The people the Service gives edit access to the page may edit, publish and unpublish it, and the Owner may give that access to Collaborators. Edit access to the page continues after the Plan Principal’s death unless it is removed. After a death is verified under §22.2, the Passings Successor may edit the page, unpublish it, make it private, or replace its private link. None of these people outranks another in taking a page down. Passings may also remove a page or its content under §7.3, §7.9 or §15.2, or where the law or legal process requires.

24.6 Public and private pages. §7.4 describes what publishing a page as public means. A private page can be viewed, without signing in, by anyone who has its link. Treat the link as confidential: sending it to someone authorizes them to view the page. Replacing the private link stops the old link working for everyone who has it. You cannot cut off one person while keeping others. Unpublishing a page and later republishing it keeps the same private link, so if a link has reached the wrong person, replace it. Passings asks search engines not to index private pages, but cannot make third parties honor that request. Third-party caches and previews are outside Passings’ control.

24.7 Publishing a page. By publishing a page that says a person has died, you confirm that the person has died and that you are authorized to publish the page. That confirmation is not limited to what you know or believe. If you learn that either statement is not true, you must unpublish the page at once and tell trust@passings.io. Pages are also subject to §7.2, §7.6 and the Acceptable Use Policy. An Obituary/Memorial Page has no legal effect: it is not a death certificate or any other legal document. Passings does not check the death or the facts that a page states. A page stays published until someone authorized under §24.5 unpublishes it or it is removed under these Terms. Passings does not decide disputes between family members about a page’s content; requests about a page may be sent to trust@passings.io.

24.8 Visitors to a page. Visitors do not need an account to view a published page. Features that the Service offers to visitors, such as lighting a candle or reporting a page, are provided as they are, and Passings may limit, change or remove them at any time.

24.9 Pages published by a provider. A funeral home or other provider may publish a page on a family’s behalf from its own Passings provider account, without a Plan. That page names the provider and is governed by the provider’s separate agreement with Passings, as well as by these Terms as far as they apply to it. A family member who wants a provider-published page changed or removed may ask the provider or trust@passings.io. Passings may remove the page or its content.

24.10 When accounts end. If you delete your account, your access as a Collaborator ends. If the Owner’s account is deleted, the Plan and its pages are handled as §5.5 describes. Where other people still use a Plan, the Service may require the Owner to remove them or hand the Plan off before the deletion can be completed. §22 governs what happens when an Owner or Plan Principal dies, and §22.10 governs the death or incapacity of a Collaborator.