Terms of Service and Authorization Agreement

1. Parties, acceptance and electronic signature

These Terms of Service and Authorization Agreement, together with the Privacy Policy and any order confirmation, form the entire binding agreement (the "Agreement") between you and BOG Inc., a Nevada corporation doing business as Bourdon ("Bourdon", "we", "us", "our"), for the Bourdon memorial line and voice preservation service (the "Service").

You accept this Agreement by checking the acceptance box at checkout and completing payment, or by otherwise using the Service. If you do not agree to every part of this Agreement, do not check the box, do not pay, and do not use the Service. There is no version of the Service available on different terms unless we sign a separate written agreement with you.

Electronic records and signature. Under the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.), the Uniform Electronic Transactions Act as adopted in Nevada (NRS Chapter 719), and comparable state law, you consent to transact with us electronically. You agree that checking the acceptance box, typing your name, and clicking to pay each constitute your electronic signature, have the same legal force and effect as a handwritten signature on paper, and satisfy any requirement that this Agreement or any authorization under it be signed or be in writing. You agree that we may deliver every notice, disclosure, form, authorization, receipt and record under this Agreement electronically, to the email address you provide. You may withdraw your consent to electronic records by writing to us at the address in section 26, but doing so terminates the Service because the Service cannot be delivered on paper.

You represent that you are at least eighteen years of age and have the legal capacity to enter into a binding contract.

2. Definitions

"Decedent" means the deceased individual whose telephone number and voicemail greeting are the subject of your order.

"Number" means the North American Numbering Plan telephone number you identify in your order.

"Losing Carrier" means the telecommunications provider that serves the Number immediately before transfer to us.

"Greeting" means the outgoing voicemail or answering announcement recorded on the Number, as captured by us.

"Master Files" means the processed audio deliverables we produce from the Greeting, including a compressed audio file, an archival uncompressed audio file, and a text transcript.

"Authorized Representative" means a person with lawful authority over the Decedent's telephone account or estate, as described in section 3.

"Memorial Line" means the Number after it has been transferred into our custody and configured to answer with the Greeting and to accept inbound voice messages.

"Term" means the ten year period described in section 7.

"LOA" means a Letter of Authorization, the industry standard document by which a subscriber authorizes a carrier to transfer a telephone number.

3. Eligibility, authority and your representations

The Service transfers control of a telephone number and captures a recording of a person's voice. Both actions require lawful authority. You are the sole source of that authority and we rely entirely on your representations. By accepting this Agreement you represent, warrant and covenant, as of the date of your order and continuously through the Term, that each of the following is true.

1. Death. The Decedent is deceased, and you are able to produce a certified death certificate or equivalent official record on request.
2. Authority. You are an Authorized Representative of the Decedent, meaning you are at least one of the following: the named executor or personal representative under the Decedent's will; the court appointed administrator of the Decedent's estate; the successor trustee of a trust holding the Decedent's assets; the surviving spouse or registered domestic partner; the next of kin with priority under the applicable state intestacy or right of disposition statute; an authorized user or account holder of record on the telephone account that serves the Number; or a person holding a valid written authorization from any of the foregoing.
3. Right to authorize transfer. You have the legal right to authorize the transfer of the Number away from the Losing Carrier, to execute an LOA in respect of the Number, and to appoint an agent to do so on your behalf.
4. Right to authorize the recording. You have the legal right to consent, on your own behalf and on behalf of the Decedent's estate and any holder of the Decedent's postmortem personality or publicity rights, to the recording, reproduction, storage, transmission and playback of the Greeting for the purposes described in this Agreement.
5. No competing claim known to you. To the best of your knowledge, no other person disputes your authority, and no court order, injunction, probate restriction, protective order or creditor claim prohibits the transfer of the Number or the capture of the Greeting.
6. The Number is not in active personal use. The Number is not currently used by any living person as a personal or business line, and transferring it will not deprive a living person of telephone service.
7. Security dependencies removed. You have taken commercially reasonable steps to remove the Number from every account that uses it for identity verification, password reset, one time passcodes, two factor authentication, or financial or medical access, or you accept sole responsibility for any consequence of failing to do so. You acknowledge that once the Number is in our custody, messages and codes sent to it are received by our platform and are not forwarded to you.
8. Accuracy. Every fact you give us, including the Number, the Losing Carrier, the account name, your identity and your relationship to the Decedent, is accurate and complete.

These representations are material. We may require documentary proof of any of them at any time. If any representation is or becomes untrue, or if you refuse or fail to provide requested documentation, we may suspend or terminate the Service under section 12 without refund, and you remain liable under section 15.

4. Limited authorization and appointment of agent

This section is the operative authorization that allows us to act for you. Read it before you accept.

You irrevocably appoint Bourdon, and any employee, contractor, carrier partner or subprocessor we designate, as your limited agent and attorney in fact, with authority to take the following actions, and only the following actions, in your name and on your behalf and in the name of the Decedent's telephone account where required by carrier process:

1. prepare, execute, sign, initial, date, submit and resubmit an LOA and any equivalent carrier authorization form in respect of the Number;
2. contact the Losing Carrier and any intermediate or downstream carrier, number administrator, porting clearinghouse or regulator, by telephone, email, portal, fax or written correspondence, and identify itself as your authorized agent;
3. request, receive and review customer service records, customer proprietary network information, account numbers, billing telephone numbers, transfer personal identification numbers, port out passcodes, account balances and account status for the Number, to the extent needed to complete the transfer;
4. place, sign and prosecute a local service request or port request for the Number, negotiate and accept a Firm Order Commitment date, reschedule or resupplement the request, and respond to carrier rejections and corrections;
5. take assignment of, and become the subscriber of record for, the Number, and hold the Number in our name for your benefit for the Term;
6. place one or more outbound telephone calls to the Number for the sole purpose of capturing the Greeting, with recording enabled and answering machine detection enabled, as described in section 6;
7. configure, provision, host, maintain, migrate and reconfigure the Memorial Line, including changing the underlying carrier or platform, provided the Number and the Greeting are preserved;
8. receive and store inbound voice messages left on the Memorial Line, and make them available to you; and
9. execute any further document and take any further step reasonably necessary or incidental to the foregoing.

Scope and limits. This appointment is expressly limited to the actions listed above in respect of the Number and the Greeting. It grants no authority over any other telephone number, any other account, any bank, brokerage, insurance, medical or governmental matter, any real or personal property, any estate administration decision, or any other affair of yours or of the Decedent's estate. It is not a general power of attorney and is not a health care directive.

Duration and revocation. This appointment takes effect when you accept this Agreement and continues until the earlier of the end of the Term or termination of this Agreement, and thereafter for so long as reasonably necessary to unwind or transfer the Number under section 12. Because we incur irreversible carrier obligations in reliance on it, this appointment is coupled with an interest and is irrevocable while a port request is pending. Outside of a pending port request you may revoke it by written notice to the address in section 26, in which case section 9 governs any refund and we will use commercially reasonable efforts to release or transfer the Number back to you, and we charge nothing to do it.

Ratification. You ratify and confirm every lawful act taken by us within the scope of this appointment, and you agree that a copy, image, electronic reproduction or machine generated record of this Agreement has the same effect as an original for the purpose of evidencing this authorization to any carrier or third party.

Reliance by third parties. Any carrier or third party may rely on this appointment without further inquiry, and we are authorized to furnish a copy of this section, together with your acceptance record, to any such party as evidence of our authority.

No fiduciary or professional relationship. Our role is administrative and technical. Acting as your limited agent for these tasks does not make us your fiduciary, does not create an attorney and client relationship, does not make us a personal representative or trustee of the estate, and does not obligate us to advise you on estate, tax, probate or telecommunications law.

5. Rights granted in the recording and the voice

You grant Bourdon a worldwide, royalty free, fully paid, sublicensable, non exclusive license, for the Term and for so long thereafter as we retain the Master Files at your direction, to host, store, copy, back up, encode, transcode, denoise, normalize, transcribe, transmit, cache and publicly play back the Greeting and the Master Files, solely and exclusively for the purpose of providing the Service to you: that is, delivering the Master Files to you, answering the Memorial Line with the Greeting, and maintaining the recording against loss.

What we will not do. This is a binding restriction on us, not a courtesy. We will not, and we will not permit any subprocessor to:

1. create a synthetic voice, voice clone, voice model, voice font, digital persona, avatar or conversational agent from the Greeting or the Master Files;
2. use the Greeting, the Master Files or any derivative to train, fine tune, evaluate or improve any artificial intelligence or machine learning model;
3. generate any new speech in the Decedent's voice, or any audio that purports to be the Decedent saying anything the Decedent did not say;
4. use the Greeting, the Master Files, the Decedent's name, voice, image or likeness in any advertisement, marketing material, public demonstration, case study, social media post, press item or portfolio;
5. sell, license, rent, disclose or transfer the Greeting or the Master Files to any third party, except to subprocessors strictly for hosting and delivery of the Service, or as compelled by valid legal process; or
6. use the Greeting or the Master Files for any purpose other than delivering the Service to you.

Any of the uses in clauses 1 through 4 above would require a separate, specific, written authorization signed by you, which we do not solicit and which is not part of the Service.

Ownership. As between you and us, you and the Decedent's estate retain all right, title and interest in the Greeting, in the Decedent's voice, and in the Decedent's name, image, likeness and postmortem personality and publicity rights. We claim no ownership of any of them. We own only our own software, systems, processes, branding and the technical enhancements we apply, and none of that ownership limits your rights in the underlying recording.

Postmortem rights. You acknowledge that a deceased person's voice and likeness may be protected by state right of publicity and postmortem personality statutes and by recent legislation addressing digital replicas of performers and individuals. You represent that you hold or control the necessary rights, or the authority of the holder, to grant the license in this section, and you accept responsibility under section 15 for any claim that you did not.

Your own copy is the real safeguard. We deliver the Master Files to you before the Number is transferred, precisely so that the recording is in your hands independently of us. You agree to download and retain your own copy. Our retention is a convenience and a backup, not a substitute for your own custody, and section 13 and section 14 apply to any loss of our copy.

6. Consent to recording and the capture call

To capture the Greeting we place an outbound telephone call to the Number, allow it to route to voicemail, and record the outgoing announcement. You expressly consent to that call and to that recording, on your own behalf and, to the fullest extent of your authority under section 3, on behalf of the Decedent's estate and any other rights holder.

You acknowledge and agree that:

1. the call records only the pre recorded outgoing announcement stored on the Number, and is not the interception or recording of any live conversation between persons;
2. answering machine detection is enabled so the system attempts to record only after the announcement and the tone;
3. if a living person answers the call, our process terminates the call, we do not retain any recording of that call, and we treat the order as ineligible and refund it under section 9;
4. federal and state wiretap and eavesdropping laws, including one party and all party consent statutes, govern call recording, and you represent that your consent under this section is sufficient under the law of the jurisdiction in which the Number is located and in which you reside;
5. the Greeting may contain the voices of persons other than the Decedent, or content you did not expect, and we cannot know in advance what it contains; and
6. we cannot capture what no longer exists. If the Greeting has already been erased, replaced with a carrier default, or made unreachable because the account was closed, suspended or reassigned, there is nothing to capture, and section 9 governs the refund.

No human listening. Capture, enhancement and delivery are automated. Our personnel do not listen to the Greeting or to inbound messages in the ordinary course. Personnel may access audio only where strictly necessary to diagnose a technical fault, to respond to your request, or to comply with valid legal process, and access is logged.

Inbound messages. Once the Memorial Line is live, anyone who calls the Number can leave a voice message. You acknowledge that we do not screen, moderate or filter inbound messages before storage, that messages may be unwanted, distressing, abusive, fraudulent or unlawful, and that we are not responsible for their content. Callers who leave messages are notified by the announcement that the line is a memorial line and that messages are recorded and kept. On your written request we will delete any specific message or disable inbound recording entirely.

7. The service, the term and what is included

Memorial Line, ten years, $399 one time. Includes capture of the Greeting, production and delivery of the Master Files to you, preparation and submission of the carrier authorization and transfer, custody of the Number as subscriber of record, configuration of the Memorial Line to answer with the Greeting, storage of inbound voice messages, and access for you to listen to and download those messages, for a period of ten years measured from the date the Number becomes active on our platform.

Voice Master only, $49 one time. Includes capture of the Greeting and production and delivery of the Master Files to you. It does not include any transfer of the Number, any custody of the Number, or any ongoing line. It is a single delivery and it completes when the Master Files are sent.

What is not included. The Service does not include outbound calling, text messaging, data service, emergency calling, 911 or E911 access, number portability out during the Term other than as described in section 12, forwarding to another number, transcription of inbound messages, physical media, notarization, probate filings, death certificate procurement, or any telecommunications service to a living subscriber. The Memorial Line is not a telephone service for personal use and must never be relied on to place or receive an emergency call.

Changes to the Service. We may change, add to or discontinue features, and may change the underlying carrier, platform, storage provider or technical architecture, at any time, provided we do not materially degrade the two core commitments during the Term: the Number continues to answer, and the Greeting continues to play. If we materially and permanently fail either commitment and cannot restore it within a reasonable period, your remedy is the pro rata refund described in section 9.

End of the Term. We will attempt to notify you by email at least sixty days before the Term ends, at the last address you gave us, with your options: renew at the price then offered, request that we transfer the Number out to a carrier account you designate, or let the Number be released. Section 12 governs what happens if we cannot reach you.

8. Carrier dependency and no guarantee of transfer

We do not control whether a telephone number can be moved, and we do not promise that it can. Number portability is governed by federal rules and executed by the Losing Carrier on its own systems and timetable. A transfer can be delayed, rejected or made impossible for reasons entirely outside our control, including without limitation: the Number is not portable, is a landline outside a portable rate center, is a VoIP or virtual number, or belongs to a prepaid or resold plan with restrictions; the account has an unpaid balance, an early termination charge, a device payment plan, a contract obligation or a fraud hold; the account has a port out lock, a transfer PIN or a passcode you cannot supply; the account name, address or account number does not match carrier records; the account has already been closed and the Number has been released to reassignment quarantine; another person has already ported the Number away; the carrier requires a form of proof we cannot satisfy; the carrier refuses to deal with an agent; the carrier disputes the death documentation; or the carrier simply declines.

Time is critical and largely against us. Carriers commonly release a disconnected number back into inventory within a matter of weeks. You acknowledge that delay in ordering materially reduces the chance of success and that we make no representation that any particular Number remains portable at the time you order.

Sequence is deliberate. We capture the Greeting and deliver the Master Files to you before we submit any transfer request, so that even in the worst case the recording is preserved and in your possession. If the transfer then fails, section 9 governs your refund. That refund, together with delivery of the Master Files, is your sole and exclusive remedy for a failed transfer, and we are not liable for the loss of the Number itself.

No representation of timing. Any timeline we give is an estimate based on typical carrier behavior and is not a promise. We are not liable for delay.

9. Fees, payment, refunds and chargebacks

Price. Memorial Line, $399.00 United States dollars, charged once, covering the full ten year Term. Voice Master only, $49.00 United States dollars, charged once. Prices are exclusive of any applicable sales, use, excise, universal service, regulatory or telecommunications tax, fee or surcharge, which we may add and remit where required by law. We may change prices for future orders at any time; your price for an order already paid does not change during its Term.

Payment processing. Payment is taken by PayPal. We do not receive, handle or store your card or bank details. Your use of PayPal is governed by your agreement with PayPal. A payment that is declined, reversed, uncollectible or held means the order is not accepted and no work begins.

Refunds. The following is our complete refund policy and it is the exclusive remedy for the situations it covers. It works on one principle. If the service does not happen because of something on our side, you are refunded in full, and you keep anything we already delivered at no charge. The only deduction anywhere in this policy applies when you change your mind inside the first three days.

1. Three days to cancel for any reason. You may cancel for any reason within three days of payment. On a Memorial Line order we refund what you paid less the $49.00 Voice Master price, which covers the capture work and the recording itself. On a $399.00 order that is a $350.00 refund. If the Master Files have already been delivered they stay yours to keep. On a Voice Master only order, cancelling within three days is refunded in full if we have not yet delivered the files, and clause 7 applies once we have. After three days a change of mind is not refundable, because we begin work immediately and the carrier steps that follow cannot be undone. Clauses 2, 3 and 4 apply on their own terms and are not limited by this clause.
2. Full refund if we cannot capture a greeting. If the Greeting no longer exists, has been replaced by a carrier default announcement, is unreachable, is too short to be usable, or a living person answers the capture call, we refund the full amount you paid and cancel the order. No deduction of any kind is taken, including for anything we already delivered.
3. Full refund if the transfer fails. If the Losing Carrier rejects or cannot complete the transfer and it cannot be cured, we refund the full amount you paid. You keep the Master Files at no charge and no deduction is taken for them.
4. Pro rata refund if we fail during the Term. If, after the Memorial Line is active, we permanently cease to provide it for reasons within our control and do not transfer the Number to you under section 12, we refund the unused portion of the fee calculated on a straight line monthly basis from the date service stopped.
5. No refund for a change of mind after the first three days. Past the three day window the fee is non refundable, because work starts at once and the cost of the ten year commitment is incurred at the outset. You may still end the Service at any time under section 12, and moving the Number out to a carrier account you name is always free.
6. Our failures are always refunded in full. Clauses 2, 3 and 4 are refunds we owe you because the service did not happen for a reason on our side, and nothing in this policy reduces them. The $49.00 deduction in clause 1 applies only when you cancel because you changed your mind. It is never applied to a refund under clause 2, 3 or 4, and it is never applied where we cannot capture the greeting, the carrier will not release the Number, or we stop providing the Service.
7. Voice Master only is non refundable once delivered, because it is a completed digital delivery. Before delivery, clause 1 applies.
8. No refund where you caused the failure, including a misstated number, a misstated carrier, a false representation under section 3, a refusal to provide required documentation, or your own port out of the Number.

Refunds are issued to the original payment method within ten business days of approval.

Chargebacks. If you dispute a charge with your card issuer or PayPal instead of contacting us, you authorize us to suspend the Service immediately pending resolution and to submit this Agreement, your acceptance record, and our service logs as evidence. You agree to contact us at the address in section 26 and allow us fifteen days to resolve the matter before initiating a chargeback. A chargeback that is resolved in our favor entitles us to recover our reasonable costs.

10. Competing claims and family disputes

A phone number can matter to more than one person, and families do not always agree. We are not an adjudicator of estate disputes and we will not act as one.

If any person credibly asserts to us a superior or competing right to the Number, the Greeting or the Master Files, or if we receive a court order, probate directive, attorney demand, protective order or carrier dispute concerning them, we may, at our sole discretion and without liability to you: suspend all or part of the Service; freeze the state of the Memorial Line; decline to deliver, delete or alter the Master Files; refuse to act on further instructions from you; require a written agreement signed by all claimants, letters testamentary, letters of administration, or a court order directing us; commence or participate in an interpleader or similar proceeding and deposit the disputed matter with a court; or terminate the Service and refund under section 9 clause 4.

You will reimburse us under section 15 for the reasonable costs, including attorney fees, we incur in responding to any such claim, unless the claim arises from our own wilful misconduct. You acknowledge that our reliance on your representations in section 3 is reasonable and that if those representations were wrong, the consequences are yours and not ours.

11. Acceptable use and prohibited uses

You will not use, and will not permit anyone to use, the Service or the Memorial Line to:

1. impersonate the Decedent or any other person, or hold the Number out as belonging to a living person;
2. receive, intercept or use any one time passcode, verification code, password reset, multi factor authentication factor, or any credential for accessing any account, whether the Decedent's or anyone else's;
3. obtain, continue or claim any benefit, payment, subsidy, insurance, pension, credit line, service or entitlement in the Decedent's name, or to conceal a death from any person or institution entitled to know of it;
4. commit or facilitate fraud, identity theft, financial crime, or any deception of a creditor, insurer, government agency or court;
5. conduct telemarketing, robocalling, autodialling, bulk messaging, lead generation, call forwarding for commercial purposes, or any activity regulated under the Telephone Consumer Protection Act;
6. harass, stalk, threaten, defame or surveil any person, or record any person without the consent required by law;
7. store or transmit content that is unlawful, that infringes another person's rights, or that you have no right to store or transmit; or
8. circumvent, probe, overload or interfere with our systems, or attempt unauthorized access to any account, recording or line other than your own.

Violation is a material breach. We may suspend or terminate immediately, without refund, and we may report unlawful activity to carriers, regulators and law enforcement and cooperate fully with them.

12. Suspension, termination and end of term

You may terminate at any time by written notice to the address in section 26. Section 9 governs any refund. On termination you may ask us, within thirty days, to transfer the Number to a carrier account you designate. We charge nothing for this, at any point in the Term. We will use commercially reasonable efforts to complete it, but transfer out depends on the receiving carrier and we do not guarantee it.

We may suspend or terminate immediately, in whole or in part, and without refund except as section 9 requires, if: you materially breach this Agreement; any representation in section 3 is or becomes untrue; you fail to provide requested documentation within thirty days; section 10 applies; you use the Service in violation of section 11; a carrier, regulator or court requires it; your payment is reversed or uncollected; or continuing would expose us to legal liability, regulatory action or loss of carrier relationships. Where the circumstances allow, we will give notice and a reasonable chance to cure.

We may also terminate the Service generally on ninety days written notice, if we cease to offer it. In that case section 16 governs, and we will refund pro rata under section 9 clause 4, deliver the Master Files, and use commercially reasonable efforts to transfer the Number to you at no charge.

End of the Term and abandonment. If the Term ends and you have not renewed and have not asked us to transfer the Number, and we have been unable to reach you at the last email and postal address you gave us after at least three attempts over sixty days, we may release the Number back to the carrier or numbering administrator. Once released, the Number is gone and cannot be recovered. We will retain the Master Files for a further twelve months and then may delete them. Keeping your contact details current with us is your responsibility. This is the single most likely way for a family to lose a number after paying for it. On release we will not resell, transfer or repurpose the Number to any third party ourselves.

Survival. Sections 3, 5, 9, 10, 13, 14, 15, 17, 18, 23 and 24 survive termination or expiration.

13. Disclaimer of warranties

The service, the memorial line, the greeting, the master files, all stored messages and everything else we provide are furnished "as is" and "as available", with all faults and without warranty of any kind.

To the maximum extent permitted by law, we disclaim all warranties, express, implied, statutory and otherwise, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, accuracy, quiet enjoyment and non infringement, and any warranty arising from course of dealing, course of performance, usage or trade.

Without limiting the foregoing, we specifically do not warrant that: the Number can be transferred, or transferred within any period; the Greeting exists, is capturable, is intelligible, or is of any particular quality; audio enhancement will improve the recording; the Memorial Line will be uninterrupted, timely, secure, or free of error or defect; any recording, message or file will be preserved without loss or corruption for the Term or at all; inbound messages will be received, recorded, stored or delivered; notifications will be sent or received; our subprocessors, carriers or hosting providers will perform; or the Service will meet your expectations or needs.

The Service is a memorial keepsake service. It is not an archive of record, not a system of record, not a backup service, not an emergency communications service, not a telecommunications service for a living subscriber, not a legal or estate service, and not a grief counseling or mental health service. Do not rely on the Memorial Line for any purpose where interruption or loss would cause harm. Retain your own copy of the Master Files.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions the exclusions above apply to the fullest extent permitted, and nothing in this Agreement excludes liability that cannot lawfully be excluded, including liability for fraud, for wilful misconduct, or for death or personal injury caused by negligence.

14. Limitation of liability

To the maximum extent permitted by law, in no event will bourdon, bog inc., or any of their directors, officers, employees, contractors, agents, carriers, suppliers or licensors be liable to you or to any third party for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, opportunity, use or data, however caused and on any theory of liability, whether in contract, tort including negligence, strict liability, statute or otherwise, and whether or not we were advised of the possibility of such damages.

This exclusion expressly includes, and you expressly waive any claim for, damages for emotional distress, mental anguish, grief, bereavement, pain and suffering, loss of sentimental or commemorative value, loss of consortium, loss of the irreplaceable, and any similar non economic harm, whether arising from loss or corruption of the greeting or the master files, failure or interruption of the memorial line, loss or release of the number, disclosure of a recording, an unwanted inbound message, a delay, or any other act or omission connected with the service.

Our total aggregate liability for all claims arising out of or relating to this agreement or the service, in the aggregate and not per claim, will not exceed the total amount you actually paid us for the order giving rise to the claim, or one hundred united states dollars, whichever is greater.

You acknowledge that the fees for the Service are set in reliance on these limitations, that the limitations are a fundamental and bargained for basis of this Agreement, that they allocate risk between us in a way that makes the Service possible at this price, and that they apply even if a limited remedy is found to have failed of its essential purpose. Nothing in this section limits your obligations under section 15.

Some jurisdictions do not allow the limitation or exclusion of certain damages. In those jurisdictions our liability is limited to the least amount permitted by law.

Time limit. Any claim arising out of or relating to this Agreement or the Service must be brought within one year after the claim arose, or it is permanently barred, except where a longer period is required by law.

15. Your indemnification of Bourdon

You will defend, indemnify and hold harmless Bourdon, BOG Inc., and their directors, officers, employees, contractors, agents, carriers, suppliers and licensors from and against any and all claims, demands, actions, proceedings, investigations, losses, liabilities, damages, judgments, settlements, fines, penalties, and reasonable costs and expenses including attorney fees and expert fees, arising out of or relating to:

1. any breach or inaccuracy of any representation, warranty or covenant you make in this Agreement, and in particular in section 3;
2. any assertion by an heir, beneficiary, executor, administrator, trustee, spouse, family member, creditor, estate, or any other person that you lacked authority to authorize the transfer of the Number, to consent to the recording of the Greeting, to grant the license in section 5, or to appoint us as agent under section 4;
3. any claim relating to the Decedent's right of publicity, postmortem personality rights, privacy, or the use of the Decedent's name, voice or likeness;
4. any claim by a carrier, numbering administrator or regulator relating to the Number, the transfer, the LOA, or our exercise of the authority you granted;
5. any claim arising from the content of the Greeting or of any inbound message;
6. any claim arising from the Number having been used for identity verification, two factor authentication, or account access, or from your failure to remove it from such use;
7. your use of the Service in violation of section 11 or of any law; and
8. any tax, fee or surcharge properly assessed on the transaction that you were obliged to pay.

We will notify you of any claim for which we seek indemnity, and you may control the defense with counsel reasonably acceptable to us, provided that you may not settle any claim in a way that imposes any obligation or admission on us without our written consent, and we may participate with our own counsel at our expense. This obligation does not apply to the extent a claim arises from our own wilful misconduct or from a use we made in breach of the restrictions in section 5.

16. Force majeure and continuity

We are not liable for any delay or failure to perform caused by an event beyond our reasonable control, including act of God, fire, flood, earthquake, storm, pandemic or epidemic, public health order, war, terrorism, civil unrest, labor action, act of government or regulator, change in law, court order, failure or insolvency of a carrier, cloud provider, payment processor or telecommunications network, cyber attack, denial of service, or widespread internet or power failure. If such an event prevents performance for more than one hundred and eighty consecutive days, either party may terminate and section 9 clause 4 governs.

If Bourdon ceases to operate. A ten year promise from a young company deserves a plain answer. If we wind down, are acquired, become insolvent or otherwise stop providing the Service, we will use commercially reasonable efforts, to the extent lawfully within our control, to: notify you at the last address you gave us; make the Master Files available to you for download at no charge; and offer to transfer the Number to a carrier account you designate at no charge to you beyond any carrier fee. We do not and cannot guarantee any of this in an insolvency, where a trustee, receiver or court may control the outcome. This is precisely why section 5 requires you to keep your own copy of the Master Files, and why we deliver them to you before any transfer.

17. Dispute resolution, arbitration and class action waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court, to have a dispute heard by a jury, and to participate in a class action.

17.1 Informal resolution first. Before starting any arbitration or lawsuit, you agree to give us written notice of the dispute at the address in section 26, describing the claim and the relief you want, and to negotiate in good faith for at least thirty days. We will do the same for you. Most problems are solved here. Any limitations period is tolled during this period.

17.2 Binding individual arbitration. If the dispute is not resolved informally, you and we agree that any dispute, claim or controversy arising out of or relating to this Agreement, the Service, any recording, any advertising, or the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and including the validity, enforceability, scope or arbitrability of this section, will be resolved exclusively by final and binding individual arbitration, and not in a court of general jurisdiction.

17.3 Rules and forum. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules in effect when the demand is filed, as modified by this Agreement. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitration will be conducted by a single arbitrator. The seat will be Clark County, Nevada, but you may elect instead to have the hearing take place in the county where you reside, or to proceed by telephone, video or documents only. The arbitrator may award any individual relief a court could award, including statutory damages, injunctive relief specific to you, and attorney fees where a statute provides them, and must issue a reasoned written decision.

17.4 Costs. We will pay all AAA filing, administrative and arbitrator fees for any claim seeking less than ten thousand United States dollars, unless the arbitrator finds your claim frivolous. Otherwise fees are allocated under the AAA rules. Each side bears its own attorney fees except where a statute or the arbitrator's award provides otherwise.

17.5 Class action and jury trial waiver. You and we each waive any right to a trial by jury and any right to bring, join or participate in a class action, collective action, mass action, coordinated action, private attorney general action or other representative proceeding. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim for relief, that claim and only that claim must be severed and brought in court, and the remainder of this section still applies.

17.6 Exceptions. Either party may bring an individual action in small claims court in a court of competent jurisdiction, and either party may seek injunctive or equitable relief in court to stop unauthorized use, infringement or misappropriation of intellectual property. Nothing here prevents you from reporting a concern to a government agency.

17.7 Your right to opt out. You may reject this arbitration agreement by sending written notice within thirty days of first accepting these terms, to the address in section 26, stating your name, the email on your order, and that you opt out of arbitration. Opting out does not affect any other part of this Agreement and does not affect the jury trial waiver's companion provision in section 18 regarding venue. If you opt out, disputes go to the courts identified in section 18.

17.8 Changes. If we materially change this section after you accept, the change does not apply to any dispute of which we had written notice before the change, and you may reject the change by written notice within thirty days.

17.9 Survival. This section survives termination of this Agreement and closure of your order.

18. Governing law and venue

This Agreement and any dispute arising out of it are governed by the laws of the State of Nevada, without regard to its conflict of laws rules, except that the Federal Arbitration Act governs section 17. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For any matter not subject to arbitration, or if section 17 is held unenforceable, you and we consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Clark County, Nevada, and waive any objection to that venue and any claim of inconvenient forum. Nothing in this section deprives you of the protection of any mandatory consumer law of your state of residence that cannot be waived by agreement.

19. Communications and consent to contact

You consent to receive from us, at the email address and telephone number you provide, all transactional and service communications relating to your order, including confirmations, authorization forms, document requests, carrier updates, delivery of the Master Files, notice of inbound messages, service notices, renewal notices and end of term notices. These are not marketing and you cannot unsubscribe from them while the Service is active, though you may terminate under section 12.

Separately, if you tick the optional box to hear from us, you consent to occasional non transactional email. Every such email carries a one click unsubscribe and we honor it permanently. We do not sell or rent your contact details.

If you give us a mobile number we may contact you by call or text about your order. Message and data rates may apply. Reply STOP to end texts. We do not use autodialled marketing calls or texts.

Keep your details current. Notices we send to the last address you gave us are effective when sent. Section 12 explains what happens if we cannot reach you at the end of the Term.

20. Privacy

Our collection and handling of personal information, including information about a deceased person, is described in the Privacy Policy, which is incorporated into this Agreement by reference. Where the Privacy Policy and this Agreement conflict on a privacy matter, the Privacy Policy controls.

21. Changes to these terms

We may amend this Agreement. We will post the amended version with a new version number and effective date, and where the change is material we will make reasonable efforts to notify you by email at least thirty days before it takes effect. Changes apply prospectively only. No amendment will increase the price of an order already paid, shorten a Term already purchased, reduce the two core commitments in section 7 for an active Memorial Line, or expand the rights we hold in the Greeting under section 5. If you do not accept a material change, your remedy is to terminate under section 12, with a pro rata refund under section 9 clause 4 if the Memorial Line is active. Continuing to use the Service after the effective date means you accept the change. The version in force for your order is the version you accepted, together with any change made under this section.

22. Assignment and successors

You may not assign or transfer this Agreement or any right under it without our written consent, except that on your death or incapacity your rights pass to your executor, personal representative or successor trustee, who must give us notice and satisfy us of their authority. We may assign this Agreement, in whole or in part, to an affiliate, or in connection with a merger, acquisition, reorganization, financing or sale of all or substantially all of our assets, provided the assignee assumes our obligations for the remainder of any Term and remains bound by the restrictions in section 5. This Agreement binds and benefits the parties and their permitted successors and assigns. There are no third party beneficiaries, except that the persons and entities named in sections 14 and 15 may enforce those sections.

23. Intellectual property

Bourdon, the Bourdon wordmark, the Bourdon bell mark, and the look, feel, text, layout, code, design and audio processing methods of this site and the Service are owned by us or our licensors and are protected by trademark, copyright and other law. We grant you no license to them beyond what is necessary to use the Service. You may not copy, frame, mirror, scrape, reverse engineer, decompile or create derivative works of the Service, or use our marks without written permission. Nothing in this section affects your ownership of the Greeting or the Decedent's rights under section 5. Any feedback you send us may be used freely and without obligation, though we will not identify you or the Decedent without your written consent.

24. General provisions

Entire agreement. This Agreement, with the Privacy Policy and your order confirmation, is the complete and exclusive agreement between us on its subject, and supersedes all prior or contemporaneous proposals, statements, marketing copy, FAQs, emails and understandings. Nothing on the marketing pages of this site creates a warranty or a contractual term.

Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if that is not possible, severed, and the rest of the Agreement remains in full force. The exception is section 17.5, which is governed by its own terms.

No waiver. Our failure or delay in enforcing any provision is not a waiver of it. A waiver is effective only if it is in writing and signed by us.

Independent parties. Except for the limited agency in section 4, we are independent contracting parties. Nothing creates a partnership, joint venture, employment, franchise or general agency relationship.

Interpretation. Headings are for convenience only. "Including" means including without limitation. The Agreement will not be construed against the drafter.

Notices. Notices to you are effective when sent to the email address on your order or posted to the site. Notices to us must be sent to the email and postal address in section 26 and are effective on receipt.

Export and sanctions. You represent that you are not located in, and are not a person subject to, any United States embargo or sanctions list.

Language. The controlling language of this Agreement is English.

25. Not legal, medical or counseling advice

Nothing on this site or in any communication from us is legal, tax, estate, probate, telecommunications regulatory, medical or mental health advice, and no attorney and client or clinician and patient relationship is created. Decisions about an estate, a death certificate, a carrier account or a person's rights should be made with a qualified professional of your own choosing. Bourdon is not a grief counseling or crisis service. If you are struggling, please reach out to a grief counselor, your physician, or, in the United States, the 988 Suicide and Crisis Lifeline by calling or texting 988.

26. How to reach us

Bourdon is a service of BOG Inc., Las Vegas, Nevada 89117.

Email, including legal notices: [email protected]
Postal notices: BOG Inc., doing business as Bourdon, Attention Legal, Las Vegas, Nevada 89117, United States.

A person answers. If you have a question about anything in this Agreement before you pay, ask us first.

27. Waiver of claims against Bourdon

This section limits who you can bring a claim against and removes your right to make us pay for a claim on your behalf. Read it before you tick the box.

27.1 Release and covenant not to sue. To the fullest extent permitted by law, you release and forever discharge Bourdon, BOG Inc., any parent, holding or affiliated company, every subsidiary, and their directors, officers, employees, contractors and agents, collectively the Released Parties, from every claim, demand, cause of action, liability, loss and expense of any kind, whether known or unknown, at law or in equity, arising out of or relating to your order, the Number, the transfer, the Greeting, any recording, any inbound message, or the Service. You covenant not to bring, join, fund or participate in any lawsuit, arbitration, action or proceeding against any Released Party in respect of any released claim.

27.2 No indemnity flows to you. You waive any right to be defended, indemnified, held harmless, reimbursed or made whole by any Released Party, whether by contract, statute, common law or otherwise. Indemnity under this Agreement runs in one direction only, from you to us, as set out in section 15. If a claim is brought against a Released Party because of a statement you made, an authority you asserted, or a document you supplied, you bear the cost of it.

27.3 Your identity and your documents are yours to prove. You represent that you are who you say you are and that every document you give us is genuine, complete and lawfully yours to provide. We do not verify, authenticate, investigate or vouch for your identity, your authority, your relationship to the Decedent, the validity of a death certificate, a bill, a letter of authorization, a will, letters testamentary, a trust instrument, or any identification. We accept documents at face value so that families are not put through an investigation while grieving. No Released Party is liable for any fraud, forgery, impersonation, concealment, error or misrepresentation on your part or by anyone acting for you, or for having relied on it in good faith. Any consequence of such conduct, including the loss of a number, a claim by an heir or a carrier, or a criminal referral, is yours alone.

27.4 Unknown claims. You knowingly waive the benefit of any law that limits a general release to claims a releasing party knows about at the time of signing, including California Civil Code section 1542 and any similar law of any state, to the extent such a law could otherwise apply.

27.5 What this does not touch. Nothing here releases a Released Party from liability for its own fraud, wilful misconduct or gross negligence, waives any right that cannot be waived under the mandatory consumer law of your state of residence, prevents you from reporting a concern to a government agency, or affects your right to a refund under section 9. Nothing here is intended to disclaim liability for death or personal injury caused by negligence where such a disclaimer is prohibited. If any part of this section is held unenforceable, it is limited to the minimum extent necessary and the rest stands.

28. Enrolling your own number in advance

This section applies only if you enrolled your own telephone number while living, rather than arranging the Service for someone who has died. In that case you are the Enrollee and the Decedent is you.

28.1 What you are giving us. A standing direction. You instruct us that on your death we may request the transfer of the Number into our custody, keep the recording you made, and operate the memorial line for the Term. You also grant us, effective now and continuing after your death, the license in section 5 to store and play back the recording of your voice. Under NRS 597.800 that license is a property right you may transfer by contract, and it survives you.

28.2 This is not a power of attorney and we are not your agent. Under NRS 162A.270 a power of attorney terminates on the death of the principal, so an agency would be worthless for exactly the moment it is needed. What you sign is a contractual direction that by its terms takes effect on your death. Nevada expressly allows this. NRS 111.751 validates a written provision in a contract of this kind for a nonprobate transfer on death and provides that it is exempt from the will formalities of chapter 133 of NRS, which is why no witness and no notary is required. Your instruction about the phone account is also given as a direction under Nevada's Revised Uniform Fiduciary Access to Digital Assets Act, NRS 722.310.

28.3 You may change or cancel it at any time, at all times. While you are living you may change the Appointee, amend this direction, or cancel it outright, by email to us, and we will act on it without charge and without asking why. Because you retain that ability at all times, this direction controls over any contrary instruction in a later will, trust, power of attorney or other record, as NRS 722.310 provides.

28.4 The Appointee. The person or entity you name is the only party from whom we will accept instructions about the Number after your death, and is the person we contact. Naming them gives them no right to your recording, your account or anything else while you live. If the Appointee has died, cannot be located after reasonable effort, or declines to act, we will accept instructions from your executor, personal representative or successor trustee on proof of appointment. An entity such as a law firm, a trustee or a funeral home may be named, consistent with NRS 722.190.

28.5 What we cannot promise. We cannot make a carrier release a number. No direction you sign, and no provision of this Agreement, binds your carrier. A carrier will still require a death certificate and account verification, and federal rules designed to prevent unauthorized port outs may slow or block the request. The most common way this fails is that the account is closed and the number released before anyone contacts us, after which it cannot be recovered by anyone. Tell your Appointee not to close the phone account. If the transfer cannot be completed, section 9 governs and the refund is paid to your estate, and the recording stays with your family either way.

28.6 Nothing recurs and nothing is charged again. The one payment covers the Term, which begins when the line goes live after your death, not when you enrol. There is no further charge to you, to your Appointee or to your estate. Your enrolment is held on file indefinitely at no cost until your Appointee contacts us.

28.7 Not a funeral or burial contract. The Service is not funeral, burial, cremation, cemetery or interment goods or services, and no part of it is performed in connection with the disposition of remains. It is a telecommunications and recording service.

28.8 If you are outside Nevada. Your rights and ours rest on this contract, which is governed by Nevada law under section 18. The RUFADAA references above are additional support, not the foundation, because some states have adopted a different version and a few have adopted none. Nothing in this section deprives you of a mandatory consumer protection of your own state that cannot be waived.