1. About these Terms
These Terms of Use (“Terms”) govern your use of The Solace website, memorial pages, Solace Aftercare, store, and other services we provide. The Solace is operated by Exit Here Limited, a company registered in Ireland under company number 762905, with its registered office at The Studio, Abbey Court, Abbey Road, Deansgrange, Blackrock, Dublin, Ireland (“The Solace”, “we”, “us” or “our”).
By creating an account, purchasing a service, or using The Solace, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, you should not use The Solace.
Different services may also have additional terms presented to you when you purchase or use them, and services provided to or through funeral directors and partners are also governed by separate arrangements (see Section 21). Those additional terms form part of your agreement with us.
2. Who can use The Solace
You must be 18 or over to create an account or purchase services from The Solace. You may view a memorial or death notice without an account where that functionality is available.
If you create an account or use The Solace on behalf of another person, family, organisation, or funeral director, you confirm that you have authority to do so. You are responsible for ensuring that information you provide to us is accurate and kept up to date.
The Solace is intended for adults. Memorials and death notices may nevertheless include information about, or images of, children (for example, a family photograph or a memorial for a child who has died). If you add such content, you confirm that you are entitled to share it.
3. Your account
Some features require an account. You are responsible for keeping your login credentials secure and for activity carried out through your account. You must not allow another person to use your account in a way that would breach these Terms. You should tell us promptly if you believe your account has been accessed without your permission.
We may suspend or restrict access to an account where we reasonably believe this is necessary to protect you, other users, The Solace, or our services, including where there is suspected fraud, misuse, or a breach of these Terms.
4. Our services
The Solace provides a range of services, which may include:
- digital memorials and death notices;
- memorial contributions, including messages, photographs, videos, and candles;
- donations and fundraising links;
- Solace Aftercare;
- practical estate and administration tools;
- grief and support resources;
- service-provider information and directories;
- gifting and marketplace services;
- physical memorial products, including QR plaques; and
- other features we may introduce from time to time.
Not every service is available to every user or in every location. Some services are free and others require payment. We may improve, modify, or discontinue features from time to time. Where a change materially affects a paid service, we will take reasonable steps to notify affected customers and will comply with any rights you have under applicable law.
5. Memorials
A memorial may be created by you, a family member, funeral director, partner, or another person with appropriate authority. The person who creates or administers a memorial may have control over its content and settings, including the ability to approve, moderate, edit, or remove contributions.
Memorials may contain contributions from multiple people. By contributing to a memorial, you acknowledge that your contribution may be visible to people who can access that memorial. The Solace does not guarantee that every contribution will be published. We may remove or restrict content where we believe it breaches these Terms, applicable law, or the rights of others.
- Free memorials: Free memorials are hosted and editable for 12 months from creation. After 12 months, the memorial becomes static (view-only) and remains hosted on the platform as a lasting memorial, but can no longer be edited unless upgraded.
- Paid memorials: Paid memorials remain editable and are retained indefinitely, unless you explicitly ask us to remove them. “Indefinitely” does not mean a memorial can never be removed under any circumstances; we may suspend or remove a memorial where necessary to comply with law, protect our services or users, deal with abuse or unlawful content, or resolve intellectual-property disputes.
6. Solace Aftercare
Solace Aftercare provides practical tools and support following a death, which may include:
- organising tasks and checklists;
- identifying accounts, subscriptions, and services;
- providing information about how accounts may be closed or transferred;
- assisting with communications to service providers;
- storing documents uploaded by you; and
- providing practical information and support.
Solace Aftercare is an organisational and administrative service. It is not legal, financial, tax, medical, or professional advice. Where we provide information about a bank, insurer, utility provider, pension provider, government service, or other organisation, you remain responsible for deciding what action to take.
Where you ask us to contact a provider on your behalf, you authorise us to share the information reasonably necessary to carry out that instruction. We cannot guarantee that a third-party provider will accept a request, close or transfer an account, make a payment, provide information, or take any particular action.
You are responsible for ensuring that information and documents you provide to us are accurate and that you have the right to provide them.
7. Documents and sensitive information
Solace Aftercare may allow you to upload documents containing personal or sensitive information. You should only upload documents and information that are reasonably necessary for the relevant task and that you are entitled to provide.
Our handling of personal data is explained in our Privacy Policy. You may delete documents from your Aftercare account where the functionality allows. We may retain certain information where required or permitted by law, including for legal, regulatory, security, or dispute-resolution purposes.
8. Your content and privacy
You retain ownership of photographs, videos, messages, tributes, uploaded vault documents, and other content that you submit to The Solace.
You grant The Solace a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, transmit, and otherwise use that content only as reasonably necessary to provide, operate, maintain, and improve the service you have chosen. This licence continues for as long as reasonably necessary to provide the relevant service and to deal with legitimate legal, security, backup, and operational requirements.
As a core commitment: we will not sell your personal data, vault documents, or memorial content to third parties, nor will we use them for third-party advertising.
You are responsible for ensuring that you have the necessary rights and permissions to submit content, particularly where it contains photographs, videos, or information about other living people.
9. Content from other people
You understand that content contributed by other people belongs to those contributors or their respective rights holders. You must not copy, reproduce, distribute, or use another person’s content from The Solace except where permitted by law or with the appropriate permission.
If you believe content infringes your rights, is unlawful, or should not be displayed, you can contact us at hello@thesolace.com.
10. Acceptable use
You must not use The Solace:
- for an unlawful purpose;
- to impersonate another person;
- to submit information you know to be false or misleading;
- to harass, threaten, or abuse another person;
- to publish defamatory, discriminatory, or unlawful material;
- to infringe copyright, privacy, or other rights;
- to upload malicious code or attempt to compromise our systems;
- to interfere with the operation or security of The Solace;
- to access another person’s account without permission;
- to use automated systems to scrape or copy the service without our permission; or
- in any way that could reasonably cause harm to The Solace or its users.
We may remove content, suspend accounts, or restrict access where we reasonably believe these Terms have been breached.
11. Moderation and memorial administration
Memorial administrators may moderate contributions to their memorial. We may also review, restrict, remove, or refuse to publish content where necessary to comply with law, protect users, investigate complaints, protect our reputation or systems, or enforce these Terms.
We do not undertake to review every contribution before it is published. The fact that content is published does not mean that The Solace endorses or verifies it.
12. Intellectual property
The Solace name, branding, website, software, design, graphics, text, and other materials provided by us are owned by or licensed to Exit Here Limited and are protected by applicable intellectual-property laws.
You may use The Solace for its intended purpose but may not reproduce, modify, distribute, commercially exploit, or reverse engineer our materials or services except where permitted by law or with our written permission. This does not affect your ownership of content you submit under Section 8.
13. Third-party services
The Solace may use or link to third-party services, including payment providers, charities, funeral directors, florists, delivery providers, service providers, and other organisations. Examples include services used for payments, donations, delivery, communications, and analytics.
Third-party services may have their own terms and privacy policies. Where you interact directly with a third party, your relationship with that third party is governed by its own terms. We are not responsible for the acts, omissions, availability, decisions, or performance of third parties.
14. Donations
Where a memorial includes a donation facility, donations may be processed by a third-party provider such as iDonate. The charity selected for the memorial is responsible for how it receives and uses donated funds. The Solace does not guarantee that a particular charity will accept a donation or that a donation will be used for a particular purpose.
15. Marketplace and physical products
Where you purchase a product through The Solace, the purchase will be subject to the product description, price, and delivery information presented at checkout, together with these Terms.
Some products may be supplied by third-party sellers, florists, or fulfilment partners. Where this is the case, we will identify the relevant arrangement where appropriate. We aim to ensure that product descriptions and prices are accurate, but availability may change.
Nothing in these Terms affects your statutory rights under the Irish Consumer Rights Act 2022 in relation to faulty, misdescribed, or otherwise non-conforming goods.
16. Prices and payment
Prices are displayed at the point of purchase and, where applicable, include VAT and other applicable taxes. Payment must be made using the payment method offered at checkout.
Payments are processed by third-party payment providers (for example, Stripe and Shopify Payments). We do not store full payment-card details ourselves where those details are processed directly by our payment provider. We may correct obvious pricing or description errors before accepting an order.
17. Cancellation, refunds, and consumer rights
If you are a consumer in the EU or the Republic of Ireland, you have statutory rights under the Irish Consumer Rights Act 2022 and the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2013).
Digital services and paid plans (for example, paid memorials and Solace Aftercare)
- You have a statutory right to cancel a digital service purchase within 14 days of purchase, without giving any reason.
- If you ask us to begin providing the service during the 14-day period, you will be asked to acknowledge that the service may start before the cancellation period ends and that, once it has been fully performed, you lose the right to cancel. If you cancel while the service is only partly performed, you must pay a proportionate amount for the part already provided (or we may retain a proportionate amount from any refund).
Personalised physical products (for example, custom QR plaques)
- The statutory 14-day right of cancellation does not apply to goods made to your specifications or clearly personalised (such as custom-printed QR plaques). Once production has commenced, orders for personalised goods cannot be cancelled or refunded unless the product arrives damaged, defective, or misdescribed.
Faulty goods or non-conforming digital services
- If a physical product is defective, or a digital feature fails to operate as described, you are entitled to a repair, replacement, or refund in accordance with your statutory consumer rights.
To request a cancellation or refund, contact us at hello@thesolace.com.
18. Availability and changes
We aim to provide a reliable service but cannot guarantee that The Solace will always be available, uninterrupted, or error-free. We may temporarily suspend access for maintenance, security, upgrades, or other operational reasons.
We may change or discontinue features. Where you have paid for a service and a change materially affects what you purchased, we will comply with applicable consumer rights and take reasonable steps to notify you.
19. Account suspension and termination
You may stop using The Solace at any time. We may suspend or terminate your account or restrict access where:
- you materially breach these Terms;
- you use the service unlawfully;
- your account is involved in fraud or abuse;
- your actions create a security risk;
- we are required to do so by law; or
- continued provision of the service would expose us or others to material risk.
Where appropriate, we will give you notice and an opportunity to remedy the breach. Termination does not affect rights or obligations that arose before termination.
20. What happens to your content when your account ends
If you close your account, we may delete or anonymise personal information in accordance with our Privacy Policy and applicable retention requirements.
Memorial content may be treated differently from ordinary account information because memorials are intended to provide a lasting record. The retention and availability of memorials are described in Section 5 and our Privacy Policy.
Where you have contributed to someone else’s memorial, closing your account does not necessarily remove that contribution.
21. Funeral directors and partners
Where The Solace is provided to you through a funeral director or other partner, or where you are a funeral director or partner using The Solace, additional or separate terms may govern that relationship. Those terms take precedence over these Terms to the extent of any conflict for that relationship.
For personal data that we process on a partner’s behalf (for example, where a funeral director publishes a death notice or memorial), the funeral director or partner acts as controller and The Solace acts as processor under a data processing agreement, as described in our Privacy Policy.
The consumer rights described in these Terms (such as the 14-day cancellation right in Section 17) apply to consumers. Funeral directors and partners use The Solace as business users, and consumer-only rights do not apply to them.
22. Disclaimers
The Solace provides practical tools, information, and support but does not provide legal, financial, tax, medical, or other regulated professional advice.
Information provided through The Solace is for general informational purposes and should not be relied upon as a substitute for advice from a suitably qualified professional. We do not guarantee that information supplied by third parties is complete, accurate, or current.
23. Liability
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under Irish law (including liability for death or personal injury caused by negligence, or for fraud), and nothing in these Terms affects your statutory consumer rights.
Subject to the above, we will not be responsible for:
- losses that were not reasonably foreseeable;
- losses caused by circumstances outside our reasonable control;
- failures caused by third-party services or providers; or
- losses resulting from your misuse of The Solace or failure to keep your account secure.
24. Events outside our control
We will not be responsible for failure or delay caused by circumstances outside our reasonable control, including major technical failures, internet or telecommunications failures, cyber incidents, natural disasters, government action, or failures of third-party infrastructure. We will take reasonable steps to minimise the impact of such events.
25. Privacy and data protection
We process personal data in accordance with our Privacy Policy, which forms part of our agreement with you. Where there is a conflict between these Terms and the Privacy Policy concerning the handling of personal data, the Privacy Policy will govern. For partner relationships, data processing terms are set out in the applicable partner agreement (see Section 21).
26. Changes to these Terms
We may update these Terms from time to time. Where changes are material, we will take reasonable steps to notify you before they take effect. The updated Terms will be published on our website with the revised date.
27. Complaints
If you have a complaint about The Solace, please contact us at hello@thesolace.com. We will try to resolve the matter promptly and fairly. Nothing in this complaints process limits your statutory rights. Complaints about how we handle personal data can also be raised with the Irish Data Protection Commission (see our Privacy Policy).
28. Governing law
These Terms are governed by the laws of Ireland. If you are a consumer, you will also benefit from any mandatory protections provided by the law of the country in which you live. Where a dispute cannot be resolved directly, it will be subject to the jurisdiction of the Irish courts.
29. General
Entire agreement. These Terms, together with our Privacy Policy and any additional terms that apply to a specific service, form the entire agreement between you and us regarding your use of The Solace.
Severability. If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will continue in full force and effect.
No waiver. If we do not enforce a right or provision of these Terms, that is not a waiver of that right or provision.
Assignment. We may transfer our rights and obligations under these Terms to another organisation (for example, as part of a business transfer), provided this does not reduce your rights. You may not transfer your rights or obligations without our consent.
Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.
30. Contact
Exit Here Limited
The Studio, Abbey Court
Abbey Road, Deansgrange
Blackrock, Dublin, Ireland
Email: hello@thesolace.com