Terms of Service

1. Agreement to Terms

Welcome to MournMate. These Terms of Service ("Terms") govern your access to and use of the MournMate platform, website, and services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Service. We reserve the right to modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the modified Terms.

2. Description of Service

MournMate is an online marketplace that connects individuals and organizations seeking professional mourning services ("Hirers") with individuals who provide such services ("Mourners"). Our platform facilitates:

• Discovery and booking of professional mourners for funerals, memorials, and related events
• Secure payment processing between Hirers and Mourners
• Communication tools for coordinating services
• Review and rating systems for quality assurance
• Identity verification for Mourners
• Optional add-on services (flowers, music, eulogies, etc.)

MournMate is a platform provider and is not a party to the agreements between Hirers and Mourners. We do not employ Mourners; they are independent service providers.

3. Eligibility

To use our Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable law
• Provide accurate and complete registration information
• Maintain the security of your account credentials

4. User Accounts

4.1 Account Creation

You must create an account to access most features of the Service. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4.3 Account Types

• Hirer Account: For individuals or organizations seeking to book mourning services
• Mourner Account: For individuals offering professional mourning services (requires identity verification)
• Dual Account: Users may operate as both Hirer and Mourner

5. Mourner Requirements

Mourners on our platform must:

• Complete identity verification through Stripe Identity before accepting bookings
• Provide accurate information about their skills, experience, and availability
• Maintain professional conduct at all services
• Dress appropriately for the type of service booked
• Arrive punctually and fulfill the agreed-upon service duration
• Respect the privacy and dignity of families and attendees
• Not consume alcohol or controlled substances before or during services
• Set up a Stripe Connect account to receive payments

Failure to meet these requirements may result in account suspension or termination.

6. Hirer Responsibilities

Hirers agree to:

• Provide accurate service details including date, time, location, and requirements
• Communicate clearly about expectations, dress code, and any special customs
• Treat Mourners with respect and dignity
• Ensure a safe environment for Mourners at the service location
• Make payment through the platform as agreed
• Not request services that violate laws or these Terms
• Provide honest reviews based on actual service experience

7. Bookings and Payments

7.1 Booking Process

Hirers can request bookings through the platform. Mourners may accept or decline requests. A booking is confirmed when the Mourner accepts and payment is processed.

7.2 Pricing

Mourners set their own rates. Emergency bookings (less than 48 hours notice) may include a 50% premium. Add-on services are priced separately.

7.3 Payment Processing

All payments are processed through Stripe. Payment is held in escrow until the service is completed. Funds are released to Mourners after service completion, minus platform fees.

7.4 Platform Fees

MournMate charges a service fee on each transaction. Current fee structures are displayed during the booking process. We reserve the right to modify fees with prior notice.

7.5 Cancellations and Refunds

• Hirer Cancellation (48+ hours): Full refund minus processing fees
• Hirer Cancellation (24-48 hours): 50% refund
• Hirer Cancellation (<24 hours): No refund unless Mourner agrees
• Mourner Cancellation: Full refund to Hirer; may affect Mourner rating
• No-Show (Mourner): Full refund; account review and possible suspension

8. Reviews and Ratings

After each service, Hirers may leave reviews and ratings for Mourners. Reviews must:

• Be based on actual service experience
• Be honest and accurate
• Not contain defamatory, discriminatory, or inappropriate content
• Not include personal contact information

We reserve the right to remove reviews that violate these guidelines.

9. Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose
• Circumvent the platform to avoid fees (e.g., arranging direct payments)
• Harass, threaten, or discriminate against other users
• Provide false or misleading information
• Impersonate another person or entity
• Interfere with or disrupt the Service
• Attempt to access accounts or systems without authorization
• Scrape or collect user data without permission
• Use the platform for commercial solicitation outside of mourning services
• Post inappropriate, offensive, or explicit content

10. Intellectual Property

The MournMate name, logo, and all related marks are our trademarks. The Service, including its design, features, and content, is protected by copyright and other intellectual property laws. You may not copy, modify, or distribute our content without permission.

By posting content on the platform (such as profile photos or reviews), you grant us a non-exclusive, worldwide license to use, display, and distribute that content in connection with the Service.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

WE DO NOT GUARANTEE THE QUALITY, SUITABILITY, OR AVAILABILITY OF MOURNERS. HIRERS ARE RESPONSIBLE FOR EVALUATING MOURNERS BASED ON PROFILES, REVIEWS, AND THEIR OWN JUDGMENT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOURNMATE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO MOURNMATE IN THE TWELVE MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless MournMate, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of another.

14. Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

For disputes between Hirers and Mourners regarding services, we encourage users to first attempt resolution through our platform's support system.

15. Account Termination

You may close your account at any time through your account settings or by contacting us. We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or pose a risk to other users.

Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination shall remain in effect.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

17. Severability

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

18. Contact Information

If you have questions about these Terms, please contact us: