Terms and Conditions

1. The seller

The service is provided by ELITSON LIMITED, a company incorporated in Hong Kong (the “Seller”).

• Company number: 2832922 (Companies Registry, Hong Kong)
• Incorporated: 24.05.2019
• Registered address: Suite C, Level 7, World Trust Tower, 50 Stanley Street, Central, Hong Kong
• Email: [email protected]

2. Subject of the contract

The Seller gives the Buyer access to Velena’s digital services — a remembrance page for a deceased person and/or a life-story page for a living person — and, at the Buyer’s choice, manufactures and delivers the accompanying physical items: a QR plaque and/or a printed book.

The Seller offers the following products:

• “Digital memorial” — extended access to the remembrance page (unlimited photos, video and audio). This is a digital service; access is granted immediately after payment.
• “Memorial + plaque” — the Digital memorial plus the manufacture and delivery of an engraved QR plaque.
• “Extra plaque” — the manufacture and delivery of an additional QR plaque.
• “Life story” — access to the service for creating the life story of a living person, told by that person themselves: interview questions, voice-answer recording, transcription and chapter drafts, and an online story page. This is a digital service; it may be purchased as a gift for another person.
• “Book about someone close” — access to the service for creating a book about a living person told not by them but by the Buyer and, at the Buyer’s choice, relatives and friends they invite: questions, answer recording, chapter drafts, and an online book page. This is a digital service. The book may be prepared as a surprise gift; section 5 applies to it in full.
• “Video answers” — an optional add-on allowing answers to be recorded on video as well as by voice. Purchased for a specific page; transcription and text preparation are performed from the audio track in every case.
• “Printed book” — the manufacture and delivery of a printed book with the life story, laid out from the page’s materials. The book is made to individual order and printed after the Buyer confirms the layout.

Gift purchases. The Buyer may pay for the service for the benefit of another person (the gift recipient). By activating the gift, the recipient accepts the terms of this offer. Responsibility for posted content lies with the person who posts it.

Gift activation period. A paid gift is activated by creating a page within 12 (twelve) months of the payment date. If it is not activated within that period, the Buyer may contact the Seller and, at their choice, extend the period or receive a refund of the amount paid, since no service was rendered. An activated gift continues under the “Term of the digital service” provisions above.

Use of AI technologies. Text drafts (a biography, life-story chapters) may be generated automatically using artificial-intelligence technologies, based on the recordings and materials the user provides. Such texts are drafts: the user reviews, edits and approves them before saving and publishing. The Seller does not warrant the factual accuracy of automatically generated text until the user has approved it.

Term of the digital service. Access to the remembrance page or the life-story page is provided for as long as the service operates. The Seller aims to store the page long-term but may discontinue or materially change the service by notifying the Buyer at the contact details they provided at least 30 (thirty) days in advance and giving them the opportunity to export the stored data. A one-time payment does not create an obligation on the Seller to store data indefinitely.

3. Price and payment

Prices are shown on the service’s pages in the currency of your market (euro or US dollar). The final amount and the currency of the charge are displayed at checkout before the order is confirmed.

Currency and bank fees. Where your card is issued in another currency, the conversion rate, your bank’s fees and any cross-border charges are set by your bank and the payment system; the Seller neither sets nor controls them.

Payment is a one-time payment (not a subscription) made by bank card or another method offered at checkout. Where online payment is not yet available for your country, our support agrees another method with you; the order is confirmed once the Seller receives the funds. The Buyer’s payment obligation is fulfilled once the Seller receives the funds.

4. Returns and delivery

Plaque delivery. Timing and method are agreed at checkout based on the address the Buyer provides. The digital part of the service (access to the remembrance page) is provided immediately after payment and requires no delivery.

Printed-book delivery. The book is manufactured within the period stated at checkout, counted from the Buyer’s confirmation of the layout, and shipped to the address the Buyer provides by the method chosen at checkout. Carriage times depend on the carrier and are not controlled by the Seller. Risk of accidental loss or damage passes to the Buyer when the shipment is handed to the Buyer or a person they nominate.

Delivery abroad. Where the destination country levies customs duties, import taxes, excise or fees on the shipment, they are paid by the Buyer; they are not included in the order price and are not reimbursed by the Seller. The Buyer undertakes to provide accurate recipient details required for customs clearance. The Seller is not liable for delays caused by customs clearance, nor for a destination country’s refusal to admit the shipment; if a shipment is returned for that reason, the Seller refunds the price of the book less the shipping costs actually incurred.

Immediate performance of the digital service. By paying for the service and receiving access to the remembrance page or the life-story page, the Buyer expressly consents to its immediate performance, acknowledges that once access is granted the digital service is deemed rendered, and loses the right to withdraw from the contract to the extent permitted by applicable law. Accordingly, once access has been granted the price of the digital service is non-refundable, except where the service is materially defective and the Seller has not cured the defect within a reasonable time.

Refunds and the right of withdrawal. A refund request is considered under these Terms and the consumer law of the Buyer’s country of residence. Consumers in the European Union, the United Kingdom and other countries with a statutory right of withdrawal may withdraw from the contract within 14 (fourteen) days of its conclusion, except where the law excludes it: a digital service whose performance has begun at the Buyer’s express request (see above), and items made to the Buyer’s specification (the plaque, the printed book) once their manufacture has begun. An approved refund is issued within 14 (fourteen) days of the request being recognised as justified, and for a returned physical item (a plaque or a book) — within 14 (fourteen) days after the Seller receives it.

• Digital service. Before access is granted, the Buyer may cancel and receive a full refund. Once access is granted the service is deemed rendered and its price is non-refundable, except for a material defect (see above).
• The plaque is made to individual order — personalised with a QR code and engraving based on the data the Buyer provides. To the extent permitted by the law applicable to the Buyer, a plaque of proper quality, as an item with individually-determined characteristics, is not subject to return or exchange; if it is defective, the procedure below applies.
• The printed book is made to individual order and is sent to print only after the Buyer confirms the layout. Before it goes to print, the Buyer may cancel the printed-book order, reimbursing the Seller for the costs actually incurred (see below). Once the book has gone to print the order cannot be cancelled: to the extent permitted by the law applicable to the Buyer, a book of proper quality, as an item with individually-determined characteristics made to the Buyer’s order and usable only by them, is not subject to return or exchange. The Buyer checks the layout (texts, photos, names, dates) before confirming it; errors present in the confirmed layout are not defects of the book.
• If defects are found in the plaque or the book (a manufacturing flaw or shipping damage), the Buyer may require the defect to be remedied free of charge, the item to be replaced, or the amount paid to be refunded, in the manner and within the periods set by consumer protection law. An item made to individual order is replaced from the same confirmed layout.

Warranty period. The Seller grants a warranty of 6 (six) months on the printed book and 12 (twelve) months on the QR plaque, running from the day the Buyer receives the item. The warranty covers manufacturing defects: a binding that fails or pages that come loose under ordinary handling, printing defects, engraving defects, and a QR code that a working phone cannot read. Granting a warranty does not limit the Buyer’s statutory consumer rights, including the right to claim for defects that existed before the item was handed over, and to bring such a claim after the warranty period within the limits set by law.

Normal wear and conditions of use. Changes caused by ordinary use, storage or the surroundings the item is kept in are not defects. For the book these include: scuffing of the cover and corners, marks from turning pages, natural yellowing of the paper over time, fading in direct sunlight, warping from damp, and damage from being dropped, from spilled liquid, from animals, or from repair or rebinding carried out by anyone other than the Seller. The plaque is made for outdoor placement: dulling of the surface, soiling and traces of weather that do not prevent the QR code from being read are not defects, nor is damage from impact, mechanical force, or cleaning with abrasive or chemical products.

Printing tolerances. The on-screen preview of the layout is for reference: a screen renders colour with light and printing renders it with ink, so the shades in the finished book differ from those on screen. The following are not defects of the book: a difference in shade from the on-screen preview, a difference in the colour of the same photograph between copies, an image shifted by up to 3 (three) millimetres relative to the trim line, variation in ink density within trade printing tolerances, and softness or grain in a printed photograph caused by the resolution or quality of the file the Buyer uploaded. The service warns the Buyer about photographs whose resolution is too low for print before the layout is confirmed.

Cover design. The images of the book on the site, in advertising and in the cover builder are visualisations: they show what the book looks like, but they render it approximately. The colour and texture of the cover material, the shade of the ink, and the size and position of the design elements and lettering on the printed copy may differ slightly from the image on screen. Such differences in the details of the design are not defects of the book. The texts, names, dates and photographs the Buyer confirmed in the layout are reproduced unchanged.

Inspection on receipt. The Buyer inspects the parcel on receipt. Damage to the packaging or the item arising in transit should be reported to the Seller within 7 (seven) calendar days of receipt, with photographs of the item and the packaging; where possible, the damage should be recorded in the presence of the carrier’s representative. This period is set because the window for claiming against the carrier is fixed by the carrier’s own rules, and once time has passed it becomes impossible to establish when the damage occurred. Missing this period does not deprive the Buyer of statutory consumer rights, but it may make the cause of the damage impossible to establish.

Costs actually incurred. Where a paid amount (payment in full or an advance payment) is refunded after use of the service has already begun, that is, at least one answer has been recorded, materials have been uploaded, or a transcript or a draft text has been produced, the Seller deducts from the refund the costs it has actually incurred in performing the service. These include, in particular, fees paid to artificial-intelligence providers for processing the recordings (speech transcription, drafting of chapters, translation), storage and transfer of the uploaded files, work already carried out on a physical order, and non-refundable bank and payment-provider fees. The Seller incurs these costs at the moment of processing and cannot recover them. On request, the Seller provides the Buyer with a breakdown of the amount deducted. No deduction is made where the refund is due to the Seller’s own failure to perform the service properly, or where consumer-protection law does not permit such a deduction.

To request a refund or file a complaint, email [email protected] with your order details. The Seller reviews the complaint and responds within 10 (ten) business days, unless the law sets a different period.

5. Rights and obligations

The Buyer undertakes to post only content (photos, texts, video, audio) they are entitled to use and not to infringe the rights of third parties. The Seller uses reasonable efforts to keep the service operational and to safeguard the stored data, including regular backups, but does not guarantee uninterrupted or error-free operation and is not liable for data loss caused by circumstances beyond its reasonable control.

The Seller may remove content that breaks the law or infringes third-party rights, notifying the Buyer.

Materials about living people. By posting materials about a living person (including under the “Life story” and “Book about someone close” products, in the family tree or on a remembrance page), the Buyer confirms they are entitled to use those materials and are not infringing that person’s rights. Where the materials contain voice recordings, video or images of that person themselves, the Buyer confirms they have obtained that person’s consent — and, for minors, the consent of their legal representatives — to the recording, processing and publication of those materials.

A gift book about another person. The “Book about someone close” product is built so that the Buyer tells the story, and the book may be prepared as a surprise, that is without the knowledge of the person it is about. In that case the Buyer posts their own recollections and materials they are entitled to use, and the book page is private by default. The Buyer undertakes not to post information protected by medical, family or other legally protected confidentiality, information about that person’s health, criminal record or religion or other special categories of data, nor information whose disclosure could harm them. Before giving the book to the recipient, the Buyer assesses for themselves whether its content is appropriate.

Rights of the person the book is about. A person whose personal data is held in the service may contact the Seller and require the processing to stop and their data to be deleted; the Seller removes it from the page and from its systems within a reasonable period and stops further manufacture of a book containing those materials. A printed copy already manufactured and delivered cannot be recalled: it is a physical object handed to the Buyer, and the Seller has no means of retrieving it. Any matter concerning a delivered copy is resolved between the Buyer and that person.

Invited contributors. The Buyer may invite other people (relatives, friends) to record answers via a link. By recording an answer, an invited person accepts this offer in respect of the materials they post, confirms they are entitled to use them, and grants the Seller the right to include them in the page and in the printed book of the order they were invited to. An invited person may request the removal of their answer by contacting the Seller; a request received before the book goes to print is carried out before printing.

The Buyer is solely responsible for the content they post and shall indemnify the Seller against losses and costs arising from third-party claims relating to that content (including claims of infringement of copyright, image rights or other rights).

6. Rights in content

User materials. The texts, photographs, audio and video recordings a user uploads or records in the service (the “Materials”) remain their property. The Seller acquires no exclusive rights in them and claims no authorship.

Licence to the Seller. To provide the service, the user grants the Seller a non-exclusive, royalty-free licence to store, reproduce, technically process (including transcribing recordings and automatically preparing text drafts), typeset, print and deliver the Materials, and to display them on the page under the access mode the user has chosen. The licence runs for the term of the service and to the extent needed to provide it, and in respect of an ordered book, to the extent needed to manufacture it and to reprint it at the user’s request.

The Seller’s rights. Exclusive rights in the service’s software, the interview questions, the layout templates, the cover designs and other elements created by the Seller belong to the Seller. The Buyer receives a manufactured copy of the book as a physical object and may dispose of it freely, but may not reproduce the Seller’s designs and templates commercially.

Use in marketing. The Seller does not use a user’s Materials for advertising or marketing without that user’s separate consent, given in writing or electronically. Anonymised design examples containing no names, photographs or recognisable fragments of text may be used freely.

Termination of the licence. When the Materials are deleted or the service ends, the licence terminates, except for copies held in backup archives until they are overwritten in the ordinary course, and copies of the book already manufactured and delivered to the Buyer.

7. Personal data

Personal data is processed in accordance with the Privacy Policy published on the site. By accepting this offer, the Buyer confirms they have read it.

8. Liability, force majeure and disputes

The Seller’s liability under this offer is limited to the amount the Buyer actually paid for the relevant order; the Seller is not liable for indirect losses, lost profit or similar losses. This limitation does not apply where liability cannot be limited under the law applicable to the Buyer, including liability for death or personal injury caused by negligence, and for intent or gross negligence.

The parties are released from liability for non-performance caused by force majeure: natural disasters, accidents, loss of communications or power, acts of authorities and other events beyond the parties’ reasonable control.

The Seller may amend the terms of this offer by publishing a new version on the site. The version of the offer in force at the time of payment governs the parties’ relationship.

Which seller you contract with. Orders paid by bank card on the English-, French-, Dutch- and Spanish-language pages are concluded with the Seller named in section 1. Orders placed on the Russian- and Kyrgyz-language pages, and any order paid through a payment method of Kyrgyzstan or Kazakhstan, are concluded with Individual Entrepreneur Stanislav V. Mayorov (Kyrgyz Republic) under the Russian-language public offer published on the site, which is the operative version for those orders.

These Terms are governed by the law of the Hong Kong Special Administrative Region. If you are a consumer, the mandatory consumer-protection rules of the country of your habitual residence also apply and prevail where they are more favourable to you, and you may bring proceedings before the courts of that country. Disputes are resolved through negotiation first; the Seller answers a written complaint within 10 (ten) business days.