My Farewell Message
Terms & Condtions
Our Terms & Conditions outline user rights, responsibilities, policies, and legal guidelines ensuring transparency, trust, and compliance across all services.
๐ My Farewell Message โ Terms of Service Agreement
This My Farewell Message Terms of Service Agreement (the โAgreementโ or โTerms of Serviceโ) is made between My Farewell Message (โMFM,โ โwe,โ โus,โ or โourโ) and you, our customer (โyouโ or โyourโ). This Agreement governs your use of MFM owned-and-operated websites, applications, and embeddable video players (collectively, the โServicesโ).
โ ๏ธ PLEASE READ CAREFULLY: SECTION 11 of this Agreement contains provisions governing how to resolve disputes between you and MFM, including, among other things, an agreement to individually arbitrate which requires, with limited exceptions, that certain disputes between you and MFM be resolved by binding and final arbitration unless you opt out within 30 days. SECTION 11.4 also contains class action and jury trial waivers. Please read Section 11 carefully.
๐ By purchasing, engaging with, or otherwise using any MFM Services, you expressly agree that disputes between you and MFM will be resolved by binding, individual arbitration, and you hereby waive your right to participate in a class action lawsuit or class-wide arbitration. If you do not agree to these Terms and Conditions, please immediately cease use of any MFM Services.
โ 1. Acceptance
By creating an account, viewing / uploading videos, making a purchase, downloading our software, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, โyouโ means both the entity and each person who is authorized to access the account.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
This Agreement includes our Privacy Policy and the addenda listed in Section 12 below. Please review our Privacy Policy to learn about the information we collect from you, how we use it, and with whom we share it.
๐ฅ 2. Our Services
๐ซ Service License
Subject to the terms hereof, we grant you access to our Services. This includes the right to:
Stream videos that you have the right to view;
Upload, store, and/or live stream videos, subject to your plan;
Embed our embeddable video player on third-party websites; and
Use all related functionality that we may provide.
โ๏ธ Features
The features available to you depend on your plan.
Some features and content may not be available in all geographic locations.
We may change features from time to time.
If you have a paid account, we commit to providing the core video hosting and streaming features of your plan (including the bandwidth and storage capabilities stated at the time of purchase) during your current service period.
๐ถ Bandwidth
The bandwidth allowance included with your Self-Serve (defined in Section 4) plan applies to your aggregate bandwidth usage across all Self-Serve accounts you control.
You shall not circumvent bandwidth limitations by opening multiple accounts.
If you exceed your bandwidth allowance, we may, in our discretion:
Charge fees for excessive usage,
Require you to upgrade to a more suitable plan, or
Terminate your account(s) upon advance written notice.
๐ฌ Video Creation Tools
We may allow you to use our video creation tools. Your use of it is governed by our laws.
๐ค AI Tools
We may allow you to use features that incorporate artificial intelligence tools and other technology to generate text, audio, video, and other content and to alter or enhance your content. Your use of such tools is governed by our laws.
๐ Transactions
We may offer digital goods for sale.
๐ฐ Monetization
We may allow you to sell digital goods or earn money through advertising. Your sales of videos are governed by our laws.
๐ฒ Downloadable Software
We may offer applications for devices (โAppsโ) directly or through third-party stores.
Subject to your compliance with these Terms of Service, MFM grants you a limited, non-exclusive, non-transferable, revocable license to download and use the Apps.
We may update Apps from time to time to add new features and/or correct bugs.
You must ensure you are using the most recent version compatible with your device.
We cannot guarantee that the most recent version will work on every device.
Apps offered through third-party stores are subject to our Third-Party terms.
๐จโ๐ป Developer Tools
We may offer APIs that allow developers to build applications connected to our Services. APIs and related documentation are governed by our API License Terms.
๐ข Enterprise Services
We may offer Services pursuant to an individually negotiated agreement. Enterprise services are governed by our Terms.
๐งช Beta Services
We may invite you to try beta, pilot, or limited release features. By using Beta Services, you agree that:
They are not intended for commercial use.
They may be modified/discontinued anytime.
They may contain bugs/errors.
They are not subject to uptime, support, or service level commitments.
You will provide timely feedback to MFM and only use Beta Services for feedback purposes.
๐งช Experiments
We may conduct experiments or otherwise offer certain elements of our Services, including promotions, features, advertisements, user interfaces, plans, and pricing to some or all users. These may:
Be implemented at our sole discretion.
Be subject to additional terms.
Not be available to all users.
๐ Third Parties
We may provide links to and integrations with websites or services operated by others. Your use of such websites/services is subject to their own terms of service.
๐ค 3. Accounts
Registration: You may create an account to use certain features we offer (e.g., uploading or live streaming videos). To do so, you must provide an email address. By creating an account, you agree to receive notices from MFM at this email address at any time, including before 8:00 a.m. and after 9:00 p.m. local time. You must keep your email address valid and current so that we are able to contact you. An account may only be used by one person; login credentials may not be shared by multiple people.
Organizational Accounts: Corporate, governmental, and other organizational users must publicly display the legal name of their entity on their public account profile.
Age Requirements: You must be at least 18 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services. If you wish to use the Services for a commercial purpose, you must be at least 18 years old. Individuals under the applicable age may use our Services only through a parent or legal guardianโs account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding.
Parents and Guardians: By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child’s usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
Team Members: Certain subscription plans may allow you to grant other users (โteam membersโ) access to the account. Each team member must create an account with their own login credentials and may only use the Services as a team member on your behalf. You are responsible for the actions of your team members and must monitor their access and usage.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials and may not share your account credentials with anyone. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
๐ณ 4. Subscription Plans
Plan Types: We offer free memberships and paid subscriptions that allow you to upload and share video content. You may purchase a โSelf-Serveโ plan (you sign up and pay online) or an โEnterpriseโ plan (you work with a sales representative and execute an individualized agreement). Advertised prices and features may change.
Free Accounts: Free members may not submit videos that they did not create or play a material part in creating.
Fees: You shall pay all fees (plus any taxes) during your subscription period and any renewal periods. Our fees may include a fixed monthly or annual fee plus variable fees for transactions or usage. We may adjust fees from time to time. We will attempt to notify you in advance of any such fee changes prior to your next billing cycle. If you do not wish to accept a fee change, you may cancel your subscription in accordance with this Agreement.
Payment Method: You authorize MFM to collect payment from your designated payment method or, if payment cannot be completed via your designated payment method, any other payment method you have saved in your MFM account. You may revoke this authorization with respect to a given payment method at any time by removing such payment method from your account. You will not dispute MFMโs recurring transactions / auto debit with your bank, provided the transactions were made in accordance with this Section 4.
Free Trials and Discounts: We may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have canceled before the end of the free-trial period) and you must pay the full monthly or annual fee. If we provide a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.
Refund Policy: Subject to the terms hereof, Self-Serve subscribers who purchase plans directly from MFM may cancel and receive a full refund of their initial purchase within 14 days after purchasing an annual plan and 3 days after purchasing a monthly plan, or within the time period required by law, whichever is longer. The refund would be credited back to the original mode of payment. For assistance requesting a refund, reach out to us. Our refund policy does not apply to:
โ In-app purchases on third-party platforms with their own refund policy;
โ Fees charged immediately after a free-trial period ends;
โ Attempted abuse of the refund policy (i.e., by subscribing and requesting refunds repeatedly);
โ Subscription renewals or migrations to other plans;
โ Fees other than annual or monthly subscription fees;
โ Requests made after the specified periods;
โ Customers who have breached this Agreement or whose accounts were terminated in accordance with our Policy;
โ Customers who joined using a promotion that expressly disclaimed our refund policy;
โ Customers who have initiated a chargeback dispute; or
โ Enterprise plan customers.
Automatic Renewal: To the extent permitted by applicable law, Self-Serve subscription plans automatically renew at the end of each subscription period unless canceled at least one day before the renewal date listed in your Billing Settings. Monthly plans, if any, renew for 30-day periods. Annual plans renew for one-year periods. You must pay the annual or monthly fee (plus any taxes) when each renewal period starts. Unused storage, bandwidth, and other usage limits do not roll over.
How to Cancel Renewal: Self-Serve subscribers may cancel automatic renewal in their Billing Settings. Enterprise plan customers may cancel according to the Enterprise Terms. Any cancellation or notice of non-renewal will not affect the current subscription period. MFM may decline renewals.
Lapse Policy: When a subscription ends, the account will, at MFMโs option, revert to a free membership or be deleted. Any content in the account may be deleted to comply with the limitations of the new account status. You are responsible for archiving your content. MFM is not responsible for the loss of any content. We may publish additional guidelines regarding the treatment of lapsed subscriptions. These guidelines describe current practices only and do not require MFM to provide any level of post-subscription account status.
In-App Purchase: We may allow you to purchase subscriptions within Apps. When you make such โin-appโ purchases, you will be billed by the app platform, not us. To turn off automatic renewal for subscriptions, access your platformโs account settings (not MFMโs). Our refund policy does not apply to in-app purchases. Any billing inquiries should be directed to the app platform.
Resale: You may not sell, resell, rent, lease, or distribute any plan or any other aspect of our Services to any third party unless authorized by us in writing. We may suspend or terminate accounts sold via authorized resellers for non-payment to the reseller or any violation of the restrictions set forth in this Agreement.
๐ 5. Acceptable Use Policy
We may allow you to create, upload, live stream, submit, or publish (collectively, to “submit”) content such as videos, recordings, images, text, and fonts (collectively, “content”). For clarity, โcontentโ means all content submitted by you to MFM at any time, including before this Agreementโs โLast Updatedโ date. You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 5.
MFM may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. MFM may remove or limit access or availability to any content or account that it considers in good faith to violate this Acceptable Use Policy. If you see any content you believe does not comply with this Agreement, including by violating this Section 5 or the law, you can report it to us.
๐ 5.1 Copyright Policy
You may only upload content that you have the right to upload and share. Copyright owners may send Vimeo a takedown notice as stated in our Policy if they believe MFM is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
๐ซ 5.2 Content Restrictions
You may not submit any content that:
Infringes any third partyโs copyrights or other rights (e.g., trademark, privacy rights, etc.);
Is sexually explicit or promotes a sexual service;
Is defamatory;
Is harassing or abusive;
Contains hateful or discriminatory speech;
Promotes or supports terror or hate groups;
Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
Exploits or endangers minors;
Depicts or encourages self-harm or suicide;
Depicts (1) unlawful real-world acts of extreme violence, (2) vivid, realistic, or particularly graphic acts of violence and brutality, (3) sexualized violence, including rape, torture, abuse, and humiliation, or (4) animal cruelty or extreme violence towards animals;
Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices;
Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause individual or public harm;
Contains false or misleading information about voting or seeks to obstruct voting;
Contains (1) claims that a real-world tragedy did not occur; (2) false claims that a violent crime or catastrophe has occurred; or (3) false or misleading information (including fake news, deepfakes, propaganda, or unproven or debunked conspiracy theories) that creates a serious risk of material harm to a person, group, or the general public; or
Violates any applicable law.
Please see the MFMโs Guidelines for guidance on how we interpret these terms.
โ๏ธ 5.3 Code of Conduct
In using our Services, you may not:
Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
Act in a deceptive manner or impersonate any person or organization;
Harass or stalk any person;
Harm or exploit minors;
Distribute โspamโ in any form or use misleading metadata;
Collect personal information about others without their authorization;
Access anotherโs account except as permitted herein;
Use or export any of our Services in violation of any law;
Engage in any unlawful activity;
Embed our video player on or provide links to sites that contain content prohibited by Section 5.2;
Misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions; or
Cause or encourage others to do any of the above.
๐ 5.4 Prohibited Technical Measures
You will not:
Access, download, reproduce, redistribute, frame, mirror, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services or any content except as expressly authorized by the Service or with our prior written permission;
Access the Services using any automated means (such as robots, botnets, or scrapers) except (1) using our APIs, in accordance with our API License Policy and the related documentation, (2) in the case of public search engines, in accordance with our robots.txt file; or (3) with our prior written permission;
Attempt to circumvent any of our security, rate-limiting, filtering, digital rights management measures, or other access restrictions;
Remove or modify any logo, watermark, or notice of proprietary rights embedded on or in the Services or any output thereof without our permission;
Submit any malicious program, script, or code;
Submit an unreasonable number of requests to our servers; or
Take any other actions to manipulate, interfere with, or damage our Services.
๐ท 5.5 Restricted Users
You may not use our Services if you:
are a terror or hate group or a member thereof;
have been designated by an agency as an entity that we may not contract with (e.g., a Specially Designated National); or
are subject to sanctions by a non-Indian government such that we would be required to block your videos in a substantial number of countries in which we provide service.
You may not purchase goods or software services from us if doing so would violate any laws. You hereby make a continuing representation that you are in compliance with the foregoing restrictions.
โฟ 5.6 Accessibility, Ratings, and Labels
We provide means to allow you to include closed captioning in your videos. If required by applicable law, you must provide closed captioning in your videos.
We may allow you to filter videos based upon their user-defined content rating. We cannot guarantee that videos will be appropriately rated by others. You must rate your videos appropriately.
We may apply labels to your content. You must label content you submit that has been meaningfully manipulated or synthetically generated when it appears to be realistic.
๐ฅ 6. Licenses Granted by You
As between you and MFM, you own and will retain ownership of all intellectual property rights in and to the content you submit. In order to allow MFM to host and stream your content, you grant MFM the permissions set forth below.
๐น 6.1 Your Video Content
Subject to the terms hereof, by submitting a video, you grant MFM permission to:
Stream the video to end users;
Embed the video on third-party websites;
Distribute the video via our APIs;
Make the video available for download;
Transcode the video (create compressed versions of your video file that are optimized for streaming);
Generate stills (i.e., โthumbnailsโ) from your video to represent it (if you have not selected one);
Automatically generate and display summaries, chapters, closed captions, and subtitles from your video; and
Alter or enhance your video as directed by you.
If you have enabled a video privacy setting or disabled downloading or embedding, we will limit distribution of your video pursuant to your selection. By enabling access to your video to any third party, you grant each such person permission to stream (and/or download or embed, as applicable) your video.
For the purposes of this Section 6.1, your video includes its title, description, tags, and other metadata. The license period begins when you submit the video to MFM and ends when you or MFM delete it; provided that MFM may retain archival copies:
(a) for a limited period of time in case you wish to restore it;
(b) when the video is the subject of a takedown notice or other legal claim; or
(c) when MFM in good faith believes that it is legally obligated to do so.
๐ฌ 6.2 Vimeo Create Content
You may submit certain content to us for the purpose of creating a video using MFM.. These submissions, and the resulting videos, are governed by our MFM Terms and Privacy Policies.
๐ค 6.3 Account Profile
You grant MFM permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account. MFM shall have the right to identify public profiles in its marketing and investor materials.
๐ฌ 6.4 Feedback
You may provide comments, suggestions, or other feedback concerning our Services. You grant MFM a perpetual and irrevocable right and license to use, copy, transmit, distribute, publicly perform, and display such feedback in any manner without any compensation to you.
๐ 6.5 Scope of Licenses
All licenses granted by you in this Section 6:
(a) are non-exclusive, worldwide, and royalty-free;
(b) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and
(c) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations.
By granting these licenses, you waive any so-called โmoral rightsโ that you may have. Nothing in this Agreement shall be deemed a license โconditionโ applicable to MFM; rather, any breach of a term by MFM hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant (e.g., a Creative Commons license).
๐ 7. Your Obligations
๐ 7.1 Representations and Warranties
For each piece of content that you submit to or through MFM, you represent and warrant that:
You have the right to submit the content to MFM and grant the licenses herein;
MFM will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;
You have obtained appropriate releases (if necessary) from all persons who appear in the content;
The content does not, and will not, infringe any third party’s rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and
The content complies with this Agreement and all applicable laws.
๐ก๏ธ 7.2 Indemnification
You will indemnify, defend, and hold harmless MFM and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorneyโs fees, arising from or relating to:
(a) the content you submit to or through the Services; and
(b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.
โณ 8. Term and Termination
This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. Paid accounts will continue for the subscription period and will renew in accordance with Section 4 above. With respect to users who do not have a subscription plan (i.e., free users):
(a) MFM may terminate this Agreement at any time by providing 30 daysโ written notice, and
(b) applicable users may terminate at any time by deleting their accounts.
If you breach this Agreement, MFM may, at its option:
(a) terminate this Agreement immediately, with or without advance written notice;
(b) suspend, delete, or limit access to your account (and other accounts you control) or any content within it; and
(c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If MFM deletes your account for breach, you may not re-register.
In the event of any termination or expiration, the following sections will survive: Section 6.4 (Feedback), Section 7.2 (Indemnification), Section 9 (Disclaimers), Section 10 (Limitation of Liability), Section 11 (Disputes, Individual Arbitration of Privacy Claims, Class Action and Jury Trial Waiver, and Choice of Law), and Section 12 (General Provisions).
โ ๏ธ 9. Disclaimers
MFM PROVIDES THE SERVICES ON AN โAS ISโ AND โAS AVAILABLEโ BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, MFM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Among other things, MFM makes no representations or warranties:
That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;
That we will host, make available, or remove any specific piece of content;
Concerning any content submitted by or actions of our users;
That any geo-filtering or digital rights management solution that we might offer will be effective;
That our Services will meet your business or professional needs;
That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
Concerning any third-party websites and resources.
โ๏ธ 10. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW:
(A) MFM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF MFM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
(B) MFMโs TOTAL LIABILITY TO YOU, EXCEPT FOR MFMโs CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO MFM OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (Rs.100 / USD $100), WHICHEVER IS GREATER.
โ๏ธ 11. Disputes, Individual Arbitration of Privacy Claims, Class Action and Jury Trial Waiver, and Choice of Law
The terms of this Section 11 apply to all disputes between you and MFM and/or any third party operating on MFMโs behalf (including, but not limited to, any employees, agents, affiliates, service providers, suppliers, or vendors).
๐ 11.1 Choice of Law
Any dispute arising out of or relating to this Agreement or your use of our Services will be governed by the laws of Mumbai, Maharashtra and India (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law. The arbitration agreement set forth in Section 11.4 will be governed by the Federal Arbitration Act.
๐๏ธ 11.2 Choice of Venue for Litigation
Except for a Covered Privacy Claim (defined below), you and MFM agree that any dispute, controversy, or claim, arising out of or relating in any way to these Terms of Service, your access to or use of our Services, any communications you receive relating to our Services, or any other transaction involving you and MFM, including any dispute that arose before this or any prior agreement must be commenced in Mumbai, India; you consent to the exclusive jurisdiction of those courts.
๐ IN ANY SUCH ACTION, MFM AND YOU IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
๐ค 11.3 Pre-Arbitration Informal Dispute Resolution
Before arbitration or small claims action, the complaining party must notify the other and attend an informal dispute resolution conference (phone or video).
Dispute Notice must include party details, counsel info (if any), and dispute description.
Conference must be individualized. Multiple disputes cannot be combined unless agreed.
Engaging in this process is a mandatory condition before arbitration.
Statute of limitations and filing deadlines are tolled during this process.
๐ 11.4 Binding Individual Arbitration Agreement
Overview: Arbitration is private, less formal, decided by a neutral arbitrator, not judge/jury.
Arbitration Agreement: Any Covered Privacy Claim must be resolved by binding individual arbitration.
Covered Privacy Claim includes disputes relating to:
a) Collection, use, storage, or transfer of Personal Information.
b) Breach of Privacy Policy.
c) Data breach or unauthorized disclosure.
d) Violation of privacy or data security obligations.
Personal Information = any info about you (registration, payment, IP, device, biometric, activity data).
โ๏ธ Key Arbitration Rules:
Administrator & Rules: Arbitration administered under National Arbitration Rules.
Proceedings: If not resolved within 45 days of Notice, either party may initiate arbitration.
Request must include party details, claims, remedies, proof of fees, and certification of informal resolution.
Hearings by video conference, unless in-person agreed.
Batch Arbitration: If 10+ similar Requests filed within 90 days โ grouped in batches (max 100 each). One arbitrator, one fee, one award per batch.
Not a class action, only consolidated for efficiency.
Expiration: Claims must be initiated within statute of limitations.
Arbitrator: Retired judge or licensed attorney in Mumbai (or appointed if batch arbitration).
Authority: Arbitrator decides most disputes, but waiver of class relief issues decided by court.
Fees: As per rules. Parties bear own attorney fees unless frivolous.
Discovery: Limited, consistent with expedited arbitration.
Communications: Must copy other party; ex parte not allowed.
Confidentiality: All documents remain confidential.
๐ซ 11.5 Waiver of Jury Trials, Class Actions, and Class Arbitrations
Waiver of Jury Trial: YOU AND MFM WAIVE RIGHTS TO SUE IN COURT OR HAVE A JURY TRIAL.
Waiver of Class Relief: Claims only on individual basis. No class, collective, representative, or mass arbitration/action allowed.
Relief only for individual party. If court invalidates this waiver for certain claims (e.g. public injunctive relief), those claims may go to court in Mumbai.
Class-wide settlements not prevented.
โ๏ธ 11.6 Exceptions
Either party may use small claims court if eligible.
Either party may seek injunctive relief in court (e.g., restraining order).
Arbitrations related to such cases will be stayed.
๐ฉ 11.7 30-Day Right to Opt Out
You may opt out of the Arbitration Agreement by emailing info@myfarewellmessage.com within 30 days of:
Becoming a new user, OR
Becoming subject to changes in Arbitration Agreement.
Notice must include:
Name, address, registration email, and statement of opting out.
If you opt out โ MFM also not bound, but other Terms still apply.
๐ 11.8 Modification
MFM may modify this Arbitration Agreement in the future (posted on myfarewellmessage.com/terms).
If changes are material, MFM will notify you.
If you do not reject within 30 days, continued use = acceptance.
Rejection = old agreement remains binding.
Past valid opt-outs still honored.
๐ 12. General Provisions
โ๏ธ Reservation of Rights, Severability
MFM reserves all rights not expressly granted herein.
MFMโs rights and remedies are cumulative.
No failure or delay by MFM in exercising any right will waive any further exercise of that right.
Except as provided in Section 11.4, if any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed.
๐ Force Majeure
MFM will not be liable for any delay or failure caused by:
Acts of God / natural disasters (e.g., hurricanes, earthquakes)
Disease, epidemic, or pandemic
Terrorist attack, civil war, riots, armed conflict, sanctions, or embargoes
Nuclear, chemical, or biological contamination
Collapse of buildings, fire, explosion, or accident
Labor or trade strikes
Interruption, loss, or malfunction of utility, transport, or telecom service
Government or public authority orders (e.g., quarantine, travel restrictions)
Any other circumstance beyond MFMโs reasonable control (foreseeable or unforeseeable)
๐ In such events, MFM shall be relieved from performance until the event passes or no longer prevents performance.
๐ค Relationship
These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and MFM.
This Agreement binds both parties and their successors, representatives, and permitted assigns.
You may not assign or transfer this Agreement (in whole or part) without MFMโs prior written consent. Any such assignment is void.
MFM may assign these Terms, or its rights/obligations under them, at any time without consent.
Except as expressly stated, nothing in this Agreement gives rights to any third party.
๐ Entire Agreement
This Agreement is the entire understanding between parties and supersedes all prior understandings.
Modifications allowed only:
As per Section 1, OR
By an authorized document signed by MFM.
If you have a signed agreement with MFM โ conflicting terms of that agreement prevail, but only for its subject matter.
English version controls; translations are provided for convenience only.
๐ Addenda
This Agreement incorporates the following documents (and no others):
Privacy Policy
Terms of Services
๐ฌ Notices
Except for notices described in Section 11, you must send legal notices to MFM via email or post:
My Farewell Message
๐ 501 East Point,
90ft road,
Ghatkopar (East),
Mumbai โ 77,
India.