These Terms & Conditions (the “Terms”) govern access to and use of the services provided by Wreath Mortuary Media (dba Wreath), with its notice address at 137B Commerce, Ave., PMB 256, LaGrange, GA 30241 (collectively, the “Service”). By creating an account, clicking to accept, or using the Service, the entity you represent (the “Customer”) agrees to these Terms.
Summary (non-binding): Wreath provides a marketing and automations platform for funeral homes in the U.S., including CRM, social scheduling, aftercare emails, DM automations, internal reminders, landing pages/forms, and professional services. An optional death-anniversary card mailing service connects to the SaaS to trigger respectful, timely mailings. Customer owns the data it creates; Wreath owns the platform and any media/deliverables it creates and licenses them to Customer during an active subscription. No PHI is allowed. Email/DM compliance remains Customer’s responsibility. Fees auto-renew; the Service is provided with commercially reasonable efforts and without guarantees of results or deliverability. Key limits of liability and indemnities apply.
Account means Customer’s registered account(s) for the Service.
Authorized Users means Customer’s employees or contractors permitted to use the Service under Customer’s Account.
Content means information Customer inputs, uploads, or collects via the Service (e.g., decedent names, next-of-kin details, obituary text, staff notes, images, copy).
Deliverables means creative assets, websites/landing pages, images, copy, or strategy documents Wreath produces as part of professional services.
Order Form means an online checkout, plan selection, SOW, or other document that sets plan details, quantities, and pricing.
Service means Wreath’s hosted applications and sites (desktop and mobile) including CRM, social planner/scheduler, aftercare email sequences (30/60/365), DM automations, internal reminders, landing pages/forms, and integrations.
Anniversary Mailing Services means optional physical mail fulfillment services in which Wreath coordinates the design, printing, and mailing of death-anniversary cards to recipients designated by Customer, using data from the Service (e.g., decedent name, date of death, recipient name and postal address).
Mail Fulfillment Provider means a third-party vendor engaged by Wreath to print, post, and deliver physical mail.
Underlying Platform means a third-party platform or component used to provide the Service (e.g., CRM/marketing automation infrastructure).
2.1 Plans. Wreath offers two subscription plans with different feature entitlements, as described in the applicable Order Form or Wreath site at time of purchase.
2.2 Included Features. CRM/contact database (desktop & mobile), social media planner/scheduler, aftercare email sequences (30/60/365), DM automations (e.g., “Comment ‘Learn More’” → auto-DM), internal reminders, landing pages/forms, integrations with Facebook, Instagram, and Google Business Profile, and professional/onboarding/strategy/content services as purchased. An optional death-anniversary card mailing service connected to the platform is available as an add-on (see Section 8.4).
2.3 Excluded Features. No SMS/MMS messaging; no phone/voicemail/call tracking; no API access; no reseller/white-label rights.
2.4 Changes. Wreath may make commercially reasonable changes to the Service; any material deprecations will be communicated per Section 20.
3.1 Business Use; Age. The Service is for U.S. funeral homes and related organizations; use is limited to adults 18+.
3.2 Access. Customer is responsible for: (a) its Authorized Users’ actions; (b) keeping credentials confidential; and (c) the security of Customer-controlled systems and third-party accounts.
3.3 Territory. The Service is offered for U.S. use only.
4.1 Accounts. Customer must maintain its own accounts, permissions, and tokens for Facebook/Instagram/Meta properties, Google Business Profile, and any other connected platforms.
4.2 Platform Rules. Customer will comply with all applicable platform terms and policies (e.g., Meta messaging windows and content policies; Google Business Profile content rules). Wreath is not responsible for platform changes, enforcement, throttling, or removals.
4.3 As-Available. Integrations are provided on an as-available basis and may change or be discontinued without liability.
4.4 Underlying Platforms. Some Service features are provided via one or more Underlying Platforms. Use of those features is subject to the applicable platform terms. Functionality, performance, and availability may be modified by the platform provider, and Wreath is not responsible for those changes.
4.5 Tokens & Social Connections. Customer is solely responsible for maintaining valid connections to social media and other third-party accounts (including page ownership, permissions, and access tokens). The Service will send email notifications to Customer’s account email(s) when tokens are approaching expiration and when they expire. Customer must promptly reconnect any expired or disconnected accounts. Wreath will not issue refunds or credits for any lapses in social posting, data syncing, or automations caused by expired tokens, revoked permissions, or disconnected accounts.
Customer will not, and will not permit anyone to: (a) infringe, violate, or misappropriate rights of others; (b) upload unlawful, harmful, harassing, or misleading content; (c) spam or conduct bulk unsolicited outreach; (d) scrape, mine, reverse engineer, or attempt to bypass security or rate limits; (e) share credentials outside the organization; (f) resell, sublicense, white-label, or provide the Service to third parties; (g) attempt to circumvent usage limits, fees, or access controls; or (h) engage in content or conduct disrespectful to decedents or families, or insensitive to cultural/religious practices.
6.1 No PHI. The Service is not designed to receive or process Protected Health Information (PHI), and Wreath will not sign Business Associate Agreements. Customer must not submit PHI or other regulated medical data.
6.2 Sensitive Data. Content may include decedent names/gender, next-of-kin names/gender/emails/phones/postal addresses, date of death, obituary text, and staff notes. Customer is responsible for obtaining all necessary permissions and lawful bases to collect, store, and use such data.
6.3 Ownership (Customer Content). As between the parties, Customer owns its Content. Customer grants Wreath a non-exclusive license to host, process, transmit, display, and otherwise use Content solely to provide and support the Service.
6.4 Wreath Content & Deliverables. Wreath owns the Service, software, templates, playbooks, libraries, and Deliverables it creates (including components it licenses from third parties). Wreath grants Customer a limited, non-exclusive, non-transferable license to use Deliverables during the active subscription term solely for Customer’s own marketing on the Service and Customer-controlled channels. Use must cease upon termination unless otherwise agreed in writing. Wreath does not grant rights in any third-party component beyond the scope of the Service. Wreath may reuse generic templates across clients.
6.5 Privacy Policy. Use of the Service is also governed by Wreath’s Privacy Policy: [insert URL].
7.1 Consent & Lawful Basis. Customer is solely responsible for obtaining and documenting required consent/opt-in for Email under CAN-SPAM and for Social DMs under applicable platform rules and law.
7.2 Unsubscribes. The Service will process email unsubscribes automatically; Customer must not send further marketing emails to unsubscribed recipients.
7.3 Sending Domains. Customer will not verify its own domains (SPF/DKIM/DMARC). Customer acknowledges deliverability and sender reputation may be affected, and Wreath does not guarantee deliverability.
7.4 No Telephony. The Service does not include SMS/MMS or telephony features.
7.5 Costs. There are currently no pass-through per-message fees. Wreath reserves the right to introduce pass-through fees (e.g., for email sending) upon notice per Section 20.
8.1 Scope. If Customer purchases onboarding, strategy, content creation, design, or custom work, the scope will be set in the Order Form or SOW.
8.2 Ownership & License. Wreath owns any websites/landing pages/themes/custom code and other Deliverables it creates and licenses them to Customer while Customer remains a paying subscriber. Upon termination or cancellation, Customer must cease use of Deliverables (except as otherwise agreed in writing).
8.3 Accessibility. Wreath will use commercially reasonable efforts regarding accessibility (e.g., ADA/WCAG) for Deliverables; legal compliance remains Customer’s responsibility.
8.4 Anniversary Card Mailing Services (Add-On).
(a) Scope. Wreath offers optional physical mailing of death-anniversary cards (“Anniversary Mailing Services”) connected to the Service. Customer provides recipient lists (name and postal address), desired send windows, and approves creative. Wreath may use a Mail Fulfillment Provider to print and post the cards.
(b) Data & Consent. Customer is solely responsible for the accuracy and lawfulness of recipient data and for honoring do-not-mail requests. Customer must promptly flag and suppress opt-outs; Wreath will apply suppression lists provided by Customer.
(c) Content & Ownership. Unless otherwise agreed, Wreath owns card designs and copy and licenses them to Customer during an active subscription per Section 6.4.
(d) Timing & Delivery. Target in-home dates are estimates only and not guaranteed; printing, postal operations, holidays, weather, and carrier issues may cause delays. Undeliverable or returned mail is not refunded.
(e) Costs & Billing. Printing, materials, postage, and fulfillment are separately billed pass-through costs (plus any agreed service fees) and are not included in SaaS plan fees. Wreath may require prepayment or a deposit for mail runs.
(f) Exclusions & Limits. Anniversary Mailing Services are not covered by any uptime/support commitments or SLAs. No PHI may be included. Customer is responsible for compliance with applicable laws and USPS regulations.
9.1 Plans; Auto-Renewal. Subscriptions may be monthly or annual and auto-renew for successive terms equal to the initial term unless canceled in accordance with Section 10.
9.2 Pricing. Fees are as specified in the Order Form or Wreath’s site at purchase. Taxes are additional where applicable.
9.3 Payments. Fees are due in advance and paid by credit card (or as otherwise agreed in writing).
9.4 Late/Non-Payment. No late fees; however, Wreath may suspend the Service for non-payment after 10 days from due date.
9.5 Usage Limits & Overages. The Service includes an email send limit of 1,000 emails per Account per calendar month. Wreath may rate-limit, queue, or suspend additional sends once the limit is reached. Additional capacity may be available by written approval and may incur additional fees. Wreath may also implement reasonable per-minute/hour/day rate limits to protect deliverability and platform integrity.
9.6 Trials & Refunds. Unless stated otherwise in an Order Form or promotion, no free trial is provided and all fees are non-refundable except where required by law.
10.1 Term. These Terms start when Customer first uses the Service and continue while any subscription is active.
10.2 Customer Cancellation. Customer may cancel monthly plans at any time effective at the end of the then-current period; annual plans may be canceled effective at renewal. Written request is required (email to support@getwreath.com).
10.3 Suspension. Wreath may suspend the Service, in whole or part, if: (a) non-payment; (b) security risk to the Service or others; (c) suspected abuse, violation of these Terms, or platform rules; (d) legal or regulatory request; or (e) suspected resale, sublicensing, white-labeling, or attempts to bypass usage limits, fees, or access controls.
10.4 Termination for Cause. Either party may terminate for material breach not cured within 30 days after written notice.
10.5 Effect of Termination. Access will cease; Sections intended to survive (including payment obligations, confidentiality, IP, disclaimers, liability limits, indemnities, and governing law) will survive.
10.6 Data Export & Deletion. Upon termination, Customer will have 30 days to export Content in CSV format, after which Wreath may delete Content from active systems.
11.1 Availability. Wreath will use commercially reasonable efforts to provide the Service but does not guarantee uptime or error-free operation.
11.2 Support. Wreath provides email support within 48 hours during business days.
11.3 Maintenance. Wreath may perform maintenance (including emergency maintenance) from time to time; no standard window is set.
11.4 Exclusive Remedies. Customer’s sole and exclusive remedy for any failure or deficiency in the Service or Professional Services is, at Wreath’s option, (a) re-performance of the affected portion, or (b) a pro-rata refund of prepaid, unused fees for the affected portion of the remaining Subscription Term. Service credits or this refund are Customer’s exclusive remedies.
Each party may access confidential information of the other. The receiving party will use it only to perform under these Terms, protect it with reasonable care, and not disclose it except to personnel and contractors bound by confidentiality obligations or as required by law.
13.1 Mutual Warranty. Each party represents it has authority to enter these Terms.
13.2 Customer Warranties. Customer represents it has the rights to Content it provides and that its collection and use of Content (including next-of-kin contact data and obituary text) complies with applicable law and platform rules.
13.3 No Professional Advice. The Service and Deliverables are for marketing purposes and do not constitute legal, compliance, medical, or professional advice.
13.4 AS IS. Except as expressly stated, the Service and Deliverables are provided “AS IS” without warranties of any kind. No guarantees of results, leads, sales, or deliverability.
14.1 By Customer. Customer will defend, indemnify, and hold harmless Wreath from claims, damages, and costs (including reasonable attorneys’ fees) arising out of: (a) Customer’s Content; (b) Customer’s breach of law (including CAN-SPAM or platform rules) or these Terms; or (c) use of the Service in violation of Section 5.
14.2 By Wreath (Pass-Through IP Indemnity). The Service includes components licensed from third parties (each, an “Underlying Platform”). To the extent an Underlying Platform contractually offers defense and indemnity for claims that the unmodified platform directly infringes U.S. intellectual-property rights, Wreath will pass through the benefit of such defense and indemnity to Customer and will reasonably cooperate to facilitate the claim. Wreath provides no additional IP indemnity beyond such pass-through. This indemnity does not apply to claims arising from: (a) Customer Content or data; (b) third-party platforms, open-source or other third-party components; (c) combinations with products, services, data, or processes not provided by Wreath; (d) modifications not made by Wreath; (e) use outside the scope of the Agreement or Documentation; or (f) compliance with Customer’s instructions or specifications.
14.3 Conditions. Wreath’s obligations under this Section are conditioned on Customer: (a) providing prompt written notice of the claim; (b) granting Wreath sole control of the defense and settlement; and (c) providing reasonable cooperation. Wreath will not settle any claim that imposes any admission of liability or non-monetary obligation on Customer without Customer’s prior written consent (not to be unreasonably withheld).
14.4 Sole Remedy. The pass-through in this Section is Customer’s sole and exclusive remedy for third-party IP claims regarding the Service or any Underlying Platform.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; and (b) EACH PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE LESSER OF US $1,000 OR THE FEES PAID BY CUSTOMER TO WREATH IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THESE LIMITATIONS APPLY TO ALL CLAIMS AND THEORIES OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, INDEMNITY, PRIVACY/SECURITY, OR OTHERWISE) AND ALSO APPLY TO WREATH’S LICENSORS AND UNDERLYING PLATFORMS. WREATH IS NOT LIABLE FOR OUTAGES, DEGRADATIONS, OR CHANGES MADE BY AN UNDERLYING PLATFORM. The foregoing limitations do not apply to Customer’s payment obligations.
If you believe Content infringes your copyright, send a notice to Wreath’s DMCA agent at: [DMCA email] and 137B Commerce, Ave., PMB 256, LaGrange, GA 30241 with the information required by 17 U.S.C. § 512. Wreath may remove or disable access to allegedly infringing material and may terminate repeat infringers’ Accounts.
Wreath may use Customer’s name and logo on Wreath’s website and marketing materials to identify Customer as a customer, unless Customer notifies Wreath in writing to opt out.
Wreath uses commercially reasonable administrative, technical, and physical safeguards appropriate for a marketing SaaS. Customer is responsible for securing its own systems, networks, devices, third-party accounts, and data exports.
Customer represents it is not located in an embargoed country or on a U.S. government restricted list and will not permit access or use contrary to U.S. export/sanctions laws.
Wreath may update these Terms or introduce new or adjusted fees by email notice to Customer’s account email (and/or in-product notice). Unless otherwise stated, changes take effect 30 days after notice. Materially adverse changes during a prepaid term will not apply until renewal, except where required by law or for security, legal, or platform-driven reasons.
Arbitration. Except for claims seeking injunctive or equitable relief for intellectual property or confidentiality, any dispute, claim, or controversy arising out of or relating to this Agreement will be resolved by binding individual arbitration administered by JAMS under its applicable rules. The seat and hearing location will be Troup County, Georgia, the language will be English, and the arbitrator will be a single neutral arbitrator. CLASS OR REPRESENTATIVE ACTIONS ARE WAIVED. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.
Court Relief for Narrow Issues. Either party may bring an action in the state or federal courts located in Troup County, Georgia solely to seek injunctive relief related to intellectual property rights or confidentiality obligations, or to enforce an arbitration award.
Governing Law. This Agreement is governed by the laws of the State of Georgia, without regard to its conflict of laws principles.
Customer may not assign these Terms without Wreath’s prior written consent, except to a successor in connection with a merger, acquisition, or sale of substantially all assets. Wreath may assign these Terms without consent.
Legal notices must be sent to: Wreath Mortuary Media LLC (dba Wreath), 137B Commerce, Ave., PMB 256, LaGrange, GA 30241, with a copy to legal@getwreath.com. Wreath will send notices to the email(s) on Customer’s Account, including support@getwreath.com for operational matters.
If there is a conflict between documents, the following order governs: (1) the Order Form or SOW (for its subject matter); (2) these Terms; (3) the Privacy Policy and any posted policies referenced herein. These Terms, together with the Order Form and referenced policies, are the entire agreement and supersede prior understandings. No waiver is effective unless in writing. If any provision is unenforceable, the remainder remains in effect.