My Forever Near

Terms of Service

Effective date: October 6, 2026

These Terms of Service ("Terms") govern your use of My Forever Near (the "Service") at myforevernear.com. The Service is operated by Pinka Whale Studio LLC, a California limited liability company ("we", "us"). By using the Service, you agree to these Terms. If you do not agree, please do not use the Service.

1. What the Service does

You upload a photo, choose a template, and we use artificial intelligence to create a short video of about five seconds in which the people in your photo move gently. The result is an AI-generated animation of your photo. It is not real footage, and it may not look exactly like the person or the moment in your photo.

2. Who can use the Service

You must be at least 18 years old and able to enter into a binding contract. Do not use the Service if you are under 18.

3. Your photos and your rights

You confirm that, for every photo you upload:

  • you own the photo or have permission to use it;
  • if the photo shows other people, you have the right to use their likeness this way. If a person has passed away, you are a member of their family, their legal representative, or you have permission from someone who is;
  • no person in the photo appears to be under 18, because we do not accept photos of minors at this time;
  • the photo does not break any law or anyone else's rights.

4. The license you give us

You keep ownership of your photos. You give us a limited, non-exclusive, worldwide license to store, process and transmit your photo, and to create the video from it, only so we can provide the Service to you. This license ends when we delete your photo under our Privacy Policy. We do not use your photos to train our own AI models.

5. What you may not do

Do not use the Service to:

  • upload photos in which any person appears to be under 18, or any nudity, sexual content, or content that sexualizes or harms anyone;
  • upload photos of people you have no right to use;
  • create content meant to deceive, impersonate, harass, defraud or defame anyone;
  • present an AI-generated video as authentic footage of a real event;
  • copy, extract or reverse engineer our templates, prompts or technology, or scrape the Service;
  • interfere with or overload the Service, or use it to train an AI model;
  • break any law.

We may refuse, remove or stop processing any photo or video, and suspend or end your access, if we believe these rules were broken.

6. AI-generated results

AI results vary. We do not promise that a video will resemble the person in your photo, match your expectations, or be free of visual flaws. If you share a video publicly, you agree not to describe it as real footage. We may add a watermark to previews. You may not remove a watermark from a preview.

7. Who owns the video, and how you can use it

As between you and us, you own the video we create from your photo, to the extent any rights exist in it. Some laws do not protect content created mainly by AI. We give you a personal, non-commercial license to use the video for yourself and your family. You may not use the video commercially without our written permission.

We keep all rights in the Service, including our templates, prompts, software, designs and the My Forever Near name and logo.

8. Prices and payment

Prices are shown in US dollars at checkout. Payments are processed by Stripe. We do not see or store your full card number. You can view a watermarked preview before you pay. After payment you receive the video without the watermark. Our Refund Policy and Delivery Policy are part of these Terms.

9. Not professional advice

The Service is for remembrance and personal enjoyment. It is not medical, psychological or grief counseling. If you are struggling, please reach out to a qualified professional. In the United States you can call or text 988 at any time.

10. Third-party services

We use third-party providers to run the Service, such as cloud hosting, AI processing and payment processing. Their terms may apply to their part of the work. We are not responsible for third-party services outside our control.

11. Disclaimer of warranties

The Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise the Service will be uninterrupted or error-free.

12. Limit of liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special or consequential damages, or for lost profits, data or goodwill. Our total liability for any claim relating to the Service is limited to the amount you paid us in the 12 months before the claim, or $100, whichever is greater. Some places do not allow these limits, so they may not apply to you.

13. Your responsibility

You agree to defend and reimburse us for claims, losses and costs that arise from the photos you upload or from your breach of these Terms.

14. Ending your access

You can stop using the Service at any time. We may suspend or end your access if you break these Terms or if we must do so by law. Sections that by their nature should continue (such as ownership, disclaimers and limits on liability) will continue.

15. Changes to these Terms

We may update these Terms. The date at the top shows when they last changed. If you keep using the Service after a change, you accept the new Terms. For purchases already made, the Terms in effect at purchase apply.

16. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Any dispute will be brought in the state or federal courts located in Los Angeles County, California. Please contact us first at support@myforevernear.com so we can try to resolve the problem.

17. Copyright complaints

If you believe content on the Service infringes your copyright, email support@myforevernear.com with the details and where to find it.

18. General

These Terms, with the Privacy Policy, Refund Policy and Delivery Policy, are our entire agreement with you. If a part is found unenforceable, the rest stays in effect. You may not transfer your rights under these Terms without our consent.

19. Contact

Pinka Whale Studio LLC. Email: support@myforevernear.com.