Terms of Service

1. About these terms

These terms apply to the CemeteryIQ cemetery management software and to these pages. In them, “CemeteryIQ”, “we” and “us” mean the provider of the software, and “you” means the cemetery operator using it and the people it gives access to. By using CemeteryIQ you agree to these terms.

If you use CemeteryIQ on behalf of an organization, you confirm that you are authorized to accept these terms for it. Where an operator has a signed agreement with us, that agreement governs if it conflicts with these terms.

2. The service

CemeteryIQ is software. We are not a cemetery operator and do not provide funeral, burial or cremation services. Nothing in CemeteryIQ is legal, accounting or tax advice.

CemeteryIQ is designed for cemetery operators in Ontario and should not be relied on for the requirements of any other jurisdiction. We may change, add or remove features over time.

3. Your records

The records you enter or upload remain yours. We use them only to provide and support the service, as described in the privacy policy.

You are responsible for the accuracy of your records, including records converted from paper or another system, and for having the right to collect, hold and use the personal information in them.

4. Accounts and use

You are responsible for the people you give access to and for activity under your accounts. Each person should have their own account and keep their sign-in details private. Tell us promptly if you believe an account has been misused.

You must not attempt to access another operator’s information, interfere with the service, copy, resell or reverse engineer the software, or access it by automated means. We own the software, and these terms give you the right to use it and nothing more.

5. Fees, billing and cancellation

Subscription fees are as published on cemeteryiq.com or as set out in a quote we give you, in Canadian dollars, plus applicable taxes such as HST. You may pay monthly or yearly.

There is no minimum term. You may cancel at any time, and your subscription then ends at the close of the billing period you have already paid for. Fees already paid are not refunded unless we agree otherwise in writing.

Digitization and other onboarding services are quoted separately, in writing, before any work begins.

We may change our prices. We will give you at least 30 days’ notice before a change applies to your subscription.

6. Compliance figures

CemeteryIQ calculates figures such as care and maintenance contributions, HST, deposit deadlines and annual report amounts, based on our reading of the applicable regulations and rates. Regulations and guidance change, and interpretations can differ.

You remain responsible for your regulatory obligations, including reviewing figures before relying on them, filing reports, keeping your public register and dealing with your trustee and regulator. If a figure appears wrong, please tell us.

7. Requests for records

If an inspector, a court, or a request under applicable access or privacy law requires records held in CemeteryIQ, we will help you retrieve them in a usable form at no charge.

8. Ending use

You may stop using CemeteryIQ at any time, and you can export your records at any time before you do.

We may suspend or end access if these terms are breached, or if we stop offering the service. Where practicable we will give reasonable notice, and if we stop offering the service you will have the opportunity to export your records first.

9. Disclaimer

CemeteryIQ is provided “as is”. To the extent permitted by law, we make no warranty that it will be uninterrupted, error-free or fit for a particular purpose.

10. Limitation of liability

To the extent permitted by law, we are not liable for indirect or consequential loss, including lost revenue, lost data or business interruption, and our total liability for any claim relating to CemeteryIQ is limited to the greater of the amount you paid us in the twelve months before the claim arose and CAD $100.

11. General

These terms are governed by the laws of Ontario and the federal laws of Canada that apply there, and the courts of Ontario have jurisdiction over any dispute. If any part of these terms is found unenforceable, the rest remains in effect. We may transfer these terms to a successor if CemeteryIQ is sold or reorganized.

We may update these terms. The date at the top of this page shows when they last changed, and we will notify operators of significant changes before they take effect.

12. Contact

Questions about these terms may be sent to support@cemeteryiq.com.