Terms of Service

These Terms of Service ("Terms") govern your use of ByeFam, operated by Zachary Bye ("we," "our," or "us"), a sole proprietor based in Kelowna, British Columbia, Canada. By placing an order or using our service, you agree to these Terms.

Please read these Terms carefully before purchasing. If you do not agree, do not use our service.

1. Service Description

ByeFam provides AI-powered memorial video creation services. You upload photos of a loved one; we use artificial intelligence to create an animated memorial video. Available tiers are described on our order page.

AI-generated content disclaimer: Memorial videos are artistic interpretations created by AI systems. They are not precise reconstructions of your loved one. Results depend on the quality and number of photos provided. We cannot guarantee specific AI outputs, facial accuracy, or likeness fidelity.

Videos are delivered digitally. We do not ship physical media.

2. Orders and Payment

All prices are in Canadian dollars (CAD) unless otherwise stated. Payment is due in full before your order begins processing. We accept major credit and debit cards via Stripe.

Your order is confirmed when we send you a confirmation email with your order details. We reserve the right to decline or cancel orders at our discretion.

We do not store your payment card information. All payment processing is handled by Stripe, Inc. under their terms and privacy policy.

3. Delivery and Processing Times

• Standard delivery: 3–5 business days from order confirmation and receipt of all required photos.
• Rush delivery: 24–48 hours (where available as an add-on). Rush timelines begin when all photos are received.
• Processing times are estimates and may vary based on order volume, AI service availability, and complexity of your photos.
• We will notify you by email if your order will be delayed beyond the estimated timeframe.

4. Refund Policy

We want you to be satisfied with your memorial. Our refund policy:

Full Refund Eligible

• You request a refund within 48 hours of purchase and video generation has not yet begun.
• We are unable to deliver your video due to a technical failure on our end.

Partial Refund or Redo

• Your delivered video has a significant technical defect (corruption, incomplete rendering). We will first attempt to re-render your video at no additional cost.
• If a re-render does not resolve the issue, we will offer a partial or full refund at our discretion.

Not Eligible for Refund

• You are dissatisfied with the artistic style or AI interpretation (within normal variation of the service).
• You provided photos that were too low-resolution, obscured, or otherwise unsuitable for AI processing, and we notified you of this before proceeding.
• More than 7 days have passed since delivery.

To request a refund, email [email protected] with your order number and reason. We will respond within 3 business days.

5. Your Content and Rights

What you own

You retain full ownership of all photos you upload. You own the final memorial video we create for you. You may use, share, download, and distribute your video freely for personal and memorial purposes.

The license you grant us

By uploading photos and content, you grant ByeFam a limited, non-exclusive, non-transferable license to use your content solely for the purpose of creating and delivering your memorial video. This license ends when your files are deleted (30 days after delivery).

We will never use your photos, memorial content, or your loved one's likeness for marketing, model training, advertising, or any purpose beyond fulfilling your order.

Your representations

You represent that:

• You have the right to upload and use the photos you provide (you took them, own them, or have permission from the rights holder).
• You are creating a memorial for a genuine purpose, not for deception or harmful use.
• You are at least 18 years old.

6. Prohibited Uses

You must not use ByeFam to:

• Create content depicting living people without their knowledge or consent.
• Create content intended to deceive, harass, defame, or harm any person.
• Upload content you do not have the right to use (copyright infringement).
• Circumvent or abuse our systems, including placing fraudulent orders.
• Violate any applicable laws or regulations.

We reserve the right to refuse or cancel any order that we reasonably believe violates these restrictions, without refund.

7. AI Services and Third Parties

Creating your memorial video requires us to share your photos with third-party AI providers including D-ID, ElevenLabs, and Runway. These providers are bound by their own terms and privacy policies. By using ByeFam, you consent to this data sharing as described in our Privacy Policy.

We cannot guarantee the continuous availability of any particular AI service. If a specific AI feature is temporarily unavailable, we will notify you and may offer an alternative or timeline extension.

8. Limitation of Liability

To the maximum extent permitted by law, ByeFam's total liability to you for any claim arising from your use of our services is limited to the amount you paid for the specific order giving rise to the claim.

We are not liable for any indirect, incidental, consequential, or punitive damages, including loss of data, emotional distress, or loss of profits, even if we have been advised of the possibility of such damages.

Our services are provided "as is." We make no warranties, express or implied, regarding the quality, accuracy, or fitness for purpose of AI-generated content.

Nothing in these Terms limits liability that cannot be excluded under applicable Canadian law (including liability for gross negligence or intentional misconduct).

9. Governing Law and Disputes

These Terms are governed by the laws of British Columbia, Canada, without regard to conflict of law principles.

Any dispute arising from these Terms or your use of ByeFam will be resolved first through good-faith communication. If we cannot resolve it directly, disputes will be submitted to binding arbitration in Kelowna, BC under the BC Arbitration Act, unless you prefer small claims court for claims within that court's jurisdiction.

If you are a consumer in a Canadian province with mandatory consumer protection laws, those laws apply to you in addition to these Terms.

10. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting a notice on our website or by email. Your continued use of ByeFam after changes are posted constitutes acceptance of the updated Terms.

11. Contact

Questions about these Terms or your order: