Terms and Conditions
(End User Licence Agreement)
We appreciate that, at this difficult time, the last thing you want to do is read a long list of legal terms.
We’ve tried to give you the key points of our terms and conditions (which we refer to as “Terms” as that’s shorter).
Key Points
The key things you need to know are:
This is a legally binding contract between you and Euulo Limited (us/we) which sets out what you can and can’t do with Euulo, and what we can and can’t (or won’t) do as well.
Your access and use of Euulo is dealt with in these Terms. For example, we’ve given you permissions to upload photos to a Photo Tribute, and if you’re a Family Administrator, you can edit and order photos, and request music, amongst other things, to produce the most fitting Photo Tribute for the service of your loved one.
We own or exclusively licence the code in Euulo but we don’t own the photos, music, or other content you or your Funeral Director upload into Euulo, and we won’t ever claim we do.
You can contact us on the email address and/or other details on our website – www.euulo.com. If you need help, the best place to visit is the help menu on www.euulo.com or see the help menu in the euulo app.
We may collect and deal with personal information about family and friends (by receiving and holding dates, photos and other information like that about a person). We have a Privacy Policy as part of these Terms that tells you how and what we do with any personal information we collect.
It is your responsibility to keep your username and password secure and you should never let anyone else use your Euulo account.
We aren’t responsible for the content you include in the Photo Tribute you are creating or helping to create. We have no way to screen the content you are including, so you are responsible for making sure what you put into Euulo is legal and you have the rights to do what you’re doing.
You can read on for more details:
1. Parties
Between Euulo Limited trading as Euulo (NZ. Company Number 8260361) of PO Box 5216, Mount Maunganui South, 3149, New Zealand (“us” or “we” or “our”). AndYou (“you” or “your”)
2. Introduction
2.1. Euulo Limited trading as Euulo (NZ. Company Number 8260361) of PO Box 5216, Mount Maunganui South, 3149, New Zealand (“us” or “we” or “our”).
2.2. We have done what we can to make these terms and conditions (defined in the definitions section below as “Terms” – it’s shorter and easier to say) as easy to understand as we can, but we do need you to read them, as they are important.
2.3. These terms cover your use of our Euulo app and software (defined in the definitions section below as “Euulo”), and so it’s important for you to know what we will do, what we won’t do, and all the other important bits.
2.4. These terms cover your use of our Euulo app and software (defined in the definitions section below as “Euulo”), and so it’s important for you to know what we will do, what we won’t do, and all the other important bits.
2.5 These Terms set out what you need to know about using Euulo, and what our obligations to you are.
2.6 These Terms form a legally binding agreement between you and Euulo Limited (a New Zealand company trading as Euulo). You should read these Terms carefully before you start using Euulo.
2.7 Euulo is always evolving. This means that the minimum system requirements for Euulo to operate at its best may be upgraded from time to time. This also means that from time to time, we may need to amend these Terms by changing or removing existing terms or by adding new ones.
2.8 You can view the latest Terms and minimum system requirements at or in Euulo. You should review the latest Terms regularly. By using or continuing to use Euulo you agree to the latest Terms.
3. Definitions
3.1. Certain words mean specific things in these Terms, and to avoid repeating long sentences each time, we’ve defined them using capitalised words or phrases which you will see us use throughout these Terms. You can treat this section like a dictionary and refer back to it if you see a capitalised word or phrase.
3.2. Business Days means any day except Saturday or Sunday or a Public Holiday in Tauranga, New Zealand (as we are based out of Tauranga).
3.3. Business Hours means between 9:00am and 5:00pm (NZST or NZDT, as is in force) on a Business Day.
3.4. Contributor means a User who has the permission to upload images to a Photo Tribute.
3.5. Credential means any unique identifier, password, token, credential, or any combination of those, or other means we may utilise from time to time for authorising access to all, or any portion of, the Services and Euulo.
3.6 Family Administrator means a User that has access to Euulo to edit and work on a Photo Tribute for a farewell service, and has the following permissions in Euulo:
3.6.1. The power to appoint, change, or remove Contributors for a Photo Tribute, to allow them to add content to the Photo Tribute.
3.6.2. To upload images to the Photo Tribute.
3.6.3. To edit the Photo Tribute
3.6.4. To create and alter the sequence of images in the Photo Tribute.
3.6.5. To request music for a Funeral Director to use in the final Photo Tribute.
3.7 Fees means the subscription fee and/or usage fee a Funeral Director pays to access/use Euulo (more detail about this is in clause 5 later on in these Terms). We offer two monthly plans: our FareWell monthly subscription, and our GoodBuy corporate monthly subscription. These are both ongoing monthly invoiced subscriptions.
3.8 Funeral Director means a User given the following permissions in Euulo:
3.8.1. The permissions of a Contributor.
3.8.2. The permissions of a Family Administrator.
3.8.3. The power to create, edit, remove, and manage Photo Tributes.
3.8.4. The power to appoint, edit, and remove a Family Administrator for a Photo Tribute (including themselves as a Family Administrator).The power to appoint, change, or remove Contributors for a Photo Tribute, to allow them to add content to the photo tribute.
3.8.5. To input key data related to the Photo Tribute, including name, date of birth, date of death, and date and time of the farewell service.
3.8.6. To upload and use music in the Photo Tribute under a valid APRA NZ licence, or other valid equivalent licence in your jurisdiction.
3.8.7. Output the resulting completed Photo Tribute from the Photo Tribute for use in the farewell service.
3.9 Intellectual Property means copyright, patents, designs, trade marks, trade names, goodwill rights, trade secrets, confidential information, the right to apply for any of those rights, and any other intellectual property right or form of intellectual property.
3.10 Passwordmeans the password we provide you to access Euulo when you are invited to use it.
3.11 Personal Informationmeans the personal information we collect from you (but does not include information about the deceased) as set out in our Privacy Policy.
3.12 Privacy Policy means our Privacy Policy accessible on our website.
3.13 Photo Tribute means a Photo Tribute slideshow with synced music created for a particular person or person/s using Euulo.
3.14 Euulo means the Euulo software and any content, images, text and other information appearing on any page or screen of the software and any source code and object code in the software, including any mobile versions and smartphone applications and any other related computer software provided by us.
3.15 Services means the professional MP4 Photo Tribute services provided through Euulo, remote support, and other services provided by us to you by way of a managed application service. Services includes the following:
3.15.1. Inbuilt photo scanning
3.15.2. Photo uploading from phone gallery
3.15.3. Social media image scraping (including Facebook and Instagram)
3.15.4. Photo uploading from computer or hard drive
3.15.5. Image editing and sequencing
3.15.6. Cover photo templates
3.15.7. Music use and/or automatic timing of music for your Photo Tribute.
3.15.8. Any other services we tell you that Euulo provides, from time to time, as the case may be (including features we haven’t yet built!)
3.16. Terms means these terms of use which are a legally binding contract between you and us and includes our Privacy Policy.
3.17. Third Party Code is defined in clause 12.1
3.18. Third Party Licensor(s) is defined in clause 12.1
3.19. Updates means (as might be the case) any patch, update or new version of Euulo and any update or new version of the Services delivered to you.
3.20. User means a unique individual authorised by us to use Euulo with a unique Username and Password. You, for example, are a User of Euulo. Users may be one of three types: A Funeral Director, a Family Administrator, or a Contributor.
3.21. Username means a unique method of identifying a User, which is the email address you are invited with as an individual User to access Euulo.
3.22. Website means our website hosted at www.euulo.com.
4. Licence & use of Euulo and the Services
4.1. By downloading and using Euulo we grant to you, and you agree to be granted, a non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services and Euulo on these Terms.
4.2. We give you the licence to use Euulo granted by these Terms, but you gain no other rights in Euulo.
4.3. In using Euulo, or the Services, you agree to also abide by our Privacy Policy.
5. Payment terms – Funeral Directors
5.1. As a Funeral Director User:
5.1.1 We give you access to Euulo in exchange for your prompt payment of your FareWell or GoodBuy monthly subscription Fees.
5.1.2 Subscription Fees under our FareWell payment structure are charged on a monthly basis. We will issue you monthly invoices for the Fees to the email address you provide us when you sign up with Euulo, at the start of the following month. These invoices are due for payment on the 20th of the month of issue.
5.1.3 Subscription Fees under our GoodBuy payment structure are charged on a monthly basis. We will issue you monthly invoices for the Fees to the email address you provide us when you sign up with Euulo, at the start of the following month. These invoices are due for payment on the 20th of the month of issue.
5.1.4 We will communicate the Fees to you by email. We will communicate any changes to those Fees to you, by email, before we make them.
5.1.5 We reserve the right to change the Fees at any time at our sole discretion. If we do change the Fees, you will be charged the new rate for Fees payable from the date on which the change is announced. By continuing to use Euulo and/or the Services after that date, you agree to be charged the new Fees.
5.1.6 If you don’t pay your Fees on time, we have the right to cancel or suspend your access to, or use of, the Services and Euulo. We give more detail about this and its consequences at clause 13.6.4.1 and its subclauses and clause 15.3.
5.2. As any other User (Family Administrator or Contributor), you are not required to make any payment (but you are still required to abide by these Terms).
6. Provided ‘as-is’
6.1. We provide Euulo ‘as is’. We do not warrant that Euulo will meet your requirements or that it will be suitable for any particular purpose.
6.2. We are not responsible for any loss, including loss of data, failure or fault with Euulo, including the inaccuracy of any information made available to you in Euulo.
6.3. Your access to Euulo depends on many technical aspects, including as are, or may be provided, by third parties. We cannot therefore guarantee that Euulo will work 100% of the time.
7. Content of Euulo
7.1. We may make errors, omissions, or inaccuracies in the content provided on or hosted by Euulo that we have direct control over, and you accept this may happen. However, we are not responsible or liable, directly or indirectly, for any errors, omissions, or inaccuracies in any content on Euulo that is uploaded or provided by a User.
7.2. We will do our best to fix any errors, omissions or inaccuracies where reasonably possible after we discover them. However, we do not accept any direct or indirect liability (responsibility) for any loss or damage which may result from any information, advice, statement, or representation, whether negligent or otherwise, contained on, made on, presented on, hosted on, Euulo.
7.3. We reserve the right to make changes to the content of Euulo without warning.
8. Your obligations as a User of Euulo and the Services
8.1. You must only use the Services and Euulo in accordance with these Terms and responsibly, lawfully and in good faith. This means you must:
8.1.1 Keep your passwords and user information secret; and
8.1.2 Immediately notify us if you become aware of any unauthorised use or disclosure of information, by sending an email to help@euulo.com;
8.1.3 Create and use a Photo Tribute in accordance with local laws, including intellectual property laws. We are not responsible for the consequences if you do not comply with local laws when using or distributing your completed Photo Tribute.
8.2. Except where these Terms say otherwise, you are solely responsible for ensuring that your use of the Services and Euulo (including any Photo Tribute) complies with these Terms and applicable law in your jurisdiction. By way of example, this may mean that:
8.2.1 You may be limited in the number of copies you can have of any Photo Tribute.
8.2.2 A Funeral Director may only be able to provide you with a physical copy of a Photo Tribute and not a digital one.
8.2.3 You may not be able to use the Photo Tribute for certain things (i.e. you may not be able to post it to social media, or online). Please contact your Funeral Director for more information.
8.3. For the protection of other Users of Euulo and for your own beneficial experience with Euulo you cannot:
8.3.1 use Euulo to transmit illegal, obscene, threatening, defamatory, harassing, or offensive images, photos or messages, or otherwise unlawful material;
8.3.2 authorise anyone to, or attempt to:
8.3.2.1 abuse or misuse the Services, including gaining or attempting to gain unauthorised access to the Services, or altering or destroying information stored in the Services; or
8.3.2.2 use the Services, in a manner that interferes with other users’ use of the Services; and
8.3.3 circumvent any technical measures we have put in place to:
8.3.3.1 safeguard the Services, or the confidentiality, integrity or accessibility of any information and data stored as part of the Services or on Euulo; or
8.3.3.2 to restrict access to the Services to people authorised to use the Services under these Terms.
8.4. As Euulo is our Intellectual Property (see clause 18 further on in these terms), you are also not permitted to:
8.4.1. Give anyone else (business, person, group or entity) access to Euulo, unless required to by law, or unless we give you our written permission to do so;
8.4.2. copy, reverse engineer, decompile or disassemble Euulo, in whole or in part, or otherwise attempt to discover the source code to Euulo;
8.4.3. modify Euulo or combine Euulo with any other software or services not provided or approved by us. This includes making any derivative works, translations, localisations, or ports of Euulo;
8.4.4. reproduce, publish, or distribute content in connection with the Services and/or Euulo that infringes anyone else’s Intellectual Property rights;
8.4.5. use Euulo in an automated process (such as data mining); or
8.4.6. use Euulo in any data mining process, manual or automatic;
8.4.7. allow anyone else, or give anyone else permission, to do anything listed above in clauses 8.4.1 to 8.4.5 inclusive.
8.5. If you do anything listed above that you are not permitted to do under these Terms, we will immediately terminate your licence to use Euulo and the Services.
9. Username’s & Credentials
9.1. We authorise you to use the Credentials assigned to you by Euulo. However, you do not own any Credentials, and we may delete or change Credentials at any time in our sole discretion.
9.2. It is your responsibility to come up with and keep reasonable and appropriate security precautions for your Credentials to keep them safe and prevent unauthorised use.
10. Third party access to and use of data
10.1. We will not permit third parties to access or use the data stored in Euulo, unless we need to comply with a lawful order of a competent authority, including by Court order or other such administrative or legal tribunal or body, for the purposes set out in that lawful order.
11. Updates to Euulo
11.1. We will provide you with all Updates to Euulo that we make generally available.
11.2. If an Update requires specific software or hardware requirements that have changed since the previous version of Euulo, or the previous update, we will notify you of those requirements in advance. We are not responsible for keeping your own devices software and/or firmware up to date.
12. Third party code
12.1. Euulo may use or interact with software or other technology (Third Party Code) that is licensed from, and owned by, third parties (Third Party Licensors) – for example, by integrating with other websites or programs. You agree that, by using Euulo:
12.1.1. You will use any Third Party Code in accordance with these Terms and any other restrictions specified in any licence provided in addition to these Terms for that Third Party Code;
12.1.2. no Third Party Licensor makes any representation or warranty to you concerning the Third Party Code or Euulo;
12.1.3. no Third Party Licensor will have any obligation or liability to you as a result of these Terms or your use of the Third Party Code or Euulo.
13. Limitation of liability, indemnity, warranties
13.1. The following terms are legally very important, as they restrict our liability (or responsibility) to you and set out what you are liable and/or responsible to us for. If you have any questions or concerns, we highly recommend you talk to a lawyer who should be able to talk you through these. We aren’t able to provide you with any advice on these clauses. By nature, these clauses include some specific and technical legal terms that we aren’t able to state in other ways.
13.2. Subject to any rights you may have at law, our liability to you under these Terms is excluded to the fullest extent permitted by law.
13.3. To the extent permitted by New Zealand law, we make no warranties, representations, or guarantee about whether Euulo, our Services, or their content is fit for purpose, or the accuracy, quality, reliability, completeness, utility or otherwise of any information or content on Euulo or our Services.
13.4. If we are ever liable to you and, for any reason we cannot rely on the above exclusion of our liability under these Terms, then the maximum combined amount we will have to pay you will be three times the FareWell monthly Fee, regardless of which plan you are on, for any event or series of related events.
13.5. You indemnify us against all loss of profits, savings, revenue, or data, and any other claim, damage, loss, liability, and cost, including legal costs on a solicitor and own client basis:
13.5.1 incurred or suffered by us as a direct or indirect result of your failure to comply with these Terms; and/or
13.5.2 any claims arising from your use of Euulo (including made by third parties).
13.6. Funeral Directors only: If you are a Funeral Director User:
13.6.1. Privacy Policy: you warrant to us that all Personal Information you collect and supply us for use in Euulo and/or the Services has been collected and supplied in accordance with applicable privacy or data protection laws in your jurisdiction, and our Privacy Policy. This includes (and is not limited to) that it has been collected for that purpose, with the permission of the individual concerned and they are aware of our Privacy Policy and what the Personal Information is collected and used for.
13.6.2. If you are in New Zealand: you warrant to us that you are appropriately licenced by OneMusic (a trading name of APRA New Zealand Limited, offering licences on behalf of Recorded Music New Zealand Limited) to publicly perform the music for the purposes of the relevant funeral or farewell service.
13.6.3. If you are in any other jurisdiction: you warrant to us that you have the appropriate permissions, authorisations, rights, or licence, to use and publicly perform music for the purposes of a funeral or farewell service in order to use the Services.
13.6.4. You indemnify us, in addition to the above indemnities, against all loss of profits, savings, revenue, or data, and any other claim, damage, loss, liability, and cost, including legal costs on a solicitor and own client basis for:
13.6.4.1. incurred or suffered by us as a direct or indirect result of your breach of the above warranties in clause 13.6.1 or clause 13.6.3 (as is applicable); and/or
13.6.4.2. any claims arising from your use of music for a Photo Tribute or through Euulo (including made by third parties) that is a breach of any of the above warranties in clause 13.6.1 or clause 13.6.3 (as is applicable).
13.6.4.3. Incurred or suffered by us as a direct or indirect result of your breach of the warranty about at clause 13.6.1.
14. When we can suspend or terminate your access to Euulo
14.1. Without prejudice to any other right or remedy available to us, we may suspend or terminate your access to Euulo and/or the Services at any time for any reason by giving written notice by email. If you are a Funeral Director, we won’t refund any Fees paid prior to suspension or termination.
14.2. If your access to Euulo or the Services is terminated your user accounts will be closed and you must stop using Euulo, or the Services and must not attempt to gain further access subject to any limited rights permitted under these Terms.
14.3. If you have any unpaid Fees, we may suspend or terminate your access to Euulo or the Services under clauses 14.1 and 14.2 above.
15. Cancelling your usage agreement or subscription and its consequences
15.1. You may cancel your subscription to the Services under these Terms at any time by emailing us at accounts@euulo.com. We set out how to do that in clauses 15.2 and 15.3 below.
15.2. To cancel your FareWell or GoodBuy subscription under clause 15.1, you must send us an email at least one month before the date you wish to terminate your subscription and tell us the date you wish to cancel on. We will charge you all Fees under these Terms up to that date.
15.3. At any time during your 30 day free trial you may cancel your subscription and you will not be invoiced after the trial period ends. Within 7 days following the end of your 30 day free trial, provided you have not used euulo after your free trial has finished, any issued Fees will be voided. If you have used euulo in the 7 days after your free trial ends, you are liable to pay the FareWell monthly fee for that month.
15.4. On cancellation or termination (but not suspension) either by you (under clauses 15.1, 15.2 or 15.3 above) or us (under clause 13.6.4.1 above, including its subclauses or clause 16, including its subclauses below) we will remove your access to the Services and to Euulo.
16. Deleting your account
16.1. You may delete your account with Euulo under these Terms at any time by emailing us at accounts@euulo.com requesting account deletion. When you do this we will delete all data associated with your account at the end of the month after your account is cancelled. For example, if you ask to delete your account on the 14th of January, we will delete all your account data at the end of February. We will cancel your subscription in accordance with clause 15.2 above if you request account deletion.
17. Contact / Notices
17.1. For any User, if we need to contact you personally, we will do so by email which will be deemed to have been received by you once we have sent it.
17.2. For any User, if you need to contact us, please email us at help@euulo.com or to any other email address we notify you of by email or on our Website for the relevant purposes.
18. Intellectual Property
18.1. Our rights: All Intellectual Property rights in Euulo belong to us or are exclusively licenced to us. You will not acquire any Intellectual Property rights in Euulo whatsoever, or in any improvements or variations that may be made to it.
18.2 Your rights in your content: You (or the respective person who is the owner of rights):
18.2.1 retain all Intellectual Property rights in all Personal Information (for example, any images, photographs or social media posts etc) and other data you upload into Euulo or give Euulo access to as part of the Services (the "Data").
18.2.2 grant Euulo a limited, royalty free, not-sublicensable, licence to use the Intellectual Property rights in that Data and Personal Information only to allow you to use Euulo and the Services under these Terms. This licence lasts for as long as you store Personal Information or the data in Euulo.
18.2.3 grant the Family Administrator(s) (which may also include a Funeral Director) for your Photo Tribute a limited, royalty free, not-sublicensable, licence to use the Intellectual Property rights in that Data and Personal Information:
18.2.3.1 only to allow the Family Administrator(s) (and/or Funeral Director) to use Euulo and the Services under these Terms; and
18.2.3.2 to allow the Family Administrator(s) (and/or Funeral Director) to return that Data to you and other Contributors and Family Administrators to download.
18.3 Rights in the tribute: Intellectual Property in the Photo Tribute produced using the Services and Euulo is owned by the Funeral Director. This may mean that you will have a separate contract with the Funeral Director about whether you pay for access to the Photo Tribute or any extra copies of it.
18.4 You must not, and you must not permit any other person to:
18.4.1 Tamper, obscure, alter, or remove any trade mark, any patent or copyright notices, or other proprietary right or legal notices in relation to Euulo or the Services; or
18.4.2 Do anything that would or might invalidate or be inconsistent with our Intellectual Property rights (either as owner or exclusive licensee) that is not permitted by these Terms.
18.5 Nothing contained in these Terms or in Euulo grants you, by implication or otherwise, any right to use any trade mark or other Intellectual Property right without our written permission.
19. General
19.1. No assignment or transfer: You may not transfer or assign any of your rights or obligations under these Terms without our prior written consent. This means that no other third party may enforce any of the provisions in these Terms.
19.2. Duration/Survival: Clauses which by their nature are intended to survive cancelling your access to Euulo, including clauses 8 and 18, continue in force.
19.3. Governing law and jurisdiction: These Terms are governed by New Zealand law, and both us and you submit to the non-exclusive jurisdiction of the Courts of New Zealand
19.4. No waiver: We will only waive a right under these Terms in writing. This means that even if we have not enforced a clause in these Terms, that does not mean we are prevented from enforcing that cause, or any other clause, at any other time unless we say in writing we will not enforce it.