Terms and Conditions

Effective Date: September 2025

App: SolemnWay, LLC

These Terms and Conditions (“Terms”) govern your access to and use of the App and associated services. By creating an account, accessing, or using the App, you (“User,” “you”) agree to be bound by these Terms. If you do not agree, you must not use the App.

1. Eligibility

1.1 You must be at least 21 years of age and authorized to act on behalf of your business or facility to use the App.
 1.2 By using the App, you represent and warrant that you are legally permitted to enter into this Agreement.

2. License Grant

2.1 Subject to compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the App solely for managing, scheduling, and coordinating mortuary transport services.
 2.2 All rights not expressly granted are reserved by the Company.

3. Proprietary Rights

3.1 The App, including but not limited to its software, databases, user interface, graphics, logos, trademarks, and content, is owned exclusively by the Company and protected by copyright, trademark, and other intellectual property laws.
 3.2 You shall not copy, modify, distribute, sell, reverse engineer, or create derivative works of the App.

4. User Responsibilities

4.1 You agree to use the App only for lawful purposes and in compliance with applicable laws and industry standards.
 4.2 You are responsible for:

  • Maintaining accurate account and facility information.
  • Keeping login credentials secure and confidential.
  • Ensuring your staff and contractors use the App in accordance with these Terms.

5. Prohibited Uses

You shall not:

  • Use the App for fraudulent, unlawful, or unauthorized purposes.
  • Interfere with the security, performance, or availability of the App.
  • Attempt to gain unauthorized access to Company systems.

6. Subscription and Payment

6.1 Access to certain features may require a paid subscription. Pricing, billing cycles, and payment terms will be disclosed at the time of purchase.
 6.2 All fees are non-refundable except as required by law.
 6.3 Failure to pay may result in suspension or termination of access.

7. Privacy and Data Protection

7.1 Use of the App is subject to our Privacy Policy, which explains how we collect, use, and protect your data.
 7.2 You acknowledge and consent to our data practices as outlined in the Privacy Policy.

8. Feedback

Any suggestions, ideas, or feedback you provide may be used by the Company without obligation to you.

9. Disclaimers

9.1 The App is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, express or implied.
 9.2 The Company does not guarantee uninterrupted, error-free operation of the App.
 9.3 The Company does not guarantee that transports arranged via the App will be performed without incident, as transport providers are independent third parties.

10. Limitation of Liability

10.1 To the maximum extent permitted by law, the Company shall not be liable for:

  • Indirect, incidental, special, or consequential damages.
  • Loss of profits, data, goodwill, or business opportunities.
  • Service delays, interruptions, or errors outside Company’s control.
     10.2 The Company’s total liability under these Terms shall not exceed the amount paid by you for the App in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against all claims, damages, liabilities, costs, and expenses arising from:

  • Your use or misuse of the App.
  • Your violation of these Terms.
  • Your violation of applicable laws or third-party rights.

12. Termination

12.1 The Company may suspend or terminate your account immediately if you breach these Terms.
 12.2 Upon termination, you must cease all use of the App and delete any copies in your possession.

13. Governing Law and Dispute Resolution

13.1 These Terms shall be governed by the laws of the State of North Carolina, without regard to conflict-of-law principles.
 13.2 Any disputes shall be resolved exclusively in the state or federal courts located in North Carolina.
 13.3 Both parties waive the right to participate in class actions or jury trials to the fullest extent permitted by law.

14. Changes to Terms

The Company reserves the right to update these Terms at any time. Changes will be effective upon posting in the App or on the Company website. Continued use constitutes acceptance of changes.

15. Miscellaneous

15.1 These Terms constitute the entire agreement between you and the Company.
 15.2 If any provision is found unenforceable, the remaining provisions remain valid.
 15.3 Failure to enforce any provision does not constitute a waiver.

Contact Information
 If you have questions about these Terms, please contact:
SolemnWay, LLC
solemnway25@gmail.com