Terms of Service

2.1 Age Requirement

You must be at least eighteen (18) years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

2.2 Organizational Representation

If you are creating a cenotaph for an organization, you represent and warrant that:

• You were a founder, co-founder, CEO, or other senior leader of the organization; OR
• You have authorization from such a person to contribute data about the organization; AND
• The organization has permanently ceased operations.

2.3 Minimum Organization Definition

To be eligible for a cenotaph, an organization must have had:

• At least 2 people involved at some point (co-founder, employee, contractor); OR
• External stakeholders (paying customers, investors, formal suppliers)

Solo side projects without external stakeholders are not eligible.

3.2 Respects Currency System

SOIL operates an internal currency called "Respects" that:

• Is earned through valuable platform actions (completing wizards, verification, referrals, community participation)
• Can be spent on cenotaph customization (materials, environment, decorative elements, lighting, audio)
• Can be gifted to other cenotaphs (not your own) to show appreciation
• Is non-expiring and account-bound
• Cannot be traded for money or withdrawn

3.3 Paid Services (Separate Offerings)

The following optional services are available for a fee:

• Therapeutic Course: 5 sessions with a business psychologist for professional psychological support during closure - a separate service, not a "premium" cenotaph
• Single Therapy Session: 1 session with a business psychologist - optional professional support
• Crypt Storage: Secure preservation of organizational documents, code, and media (infrastructure cost recovery)
• Cenotaph Redesign: New AI-generated monument design after initial creation

5.1 Your Content

"User Content" means any information, data, text, documents, images, or other materials you submit to the Service, including organization information, interview responses, financial data, personal narratives, and verification documents.

5.2 Ownership

You retain ownership of your User Content. By submitting User Content to the Service, you grant SOIL Foundation a worldwide, non-exclusive, royalty-free license to:

• Store, process, and display your User Content as necessary to provide the Service
• Use anonymized and aggregated patterns derived from User Content for research purposes
• Include your cenotaph in the public Cenotaphery (if you choose to make it public)

5.3 Research License

You understand and agree that SOIL Foundation may use your User Content for scientific research purposes, subject to the following protections:

5.4 AI-Generated Content

Cenotaph designs are generated using artificial intelligence (Google Vertex AI Gemini and Imagen). You acknowledge that:

• AI-generated designs are created based on your organization's information and optional design preferences
• Multiple design options are generated for your selection
• The final selected design becomes part of your cenotaph
• You receive a license to display and share your cenotaph design
• SOIL Foundation may use anonymized design generation data to improve the Service

7.1 Verification Methods

7.2 Consequences of False Information

Providing false or misleading information about an organization may result in:

• Cenotaph removal
• Account suspension or termination
• Reporting to appropriate authorities if fraud is suspected

8.1 Publicity Tiers

Founders choose their visibility level:

• Full Anonymity (default): Pattern and data only; no identifying information public
• Pseudonym + Story: Industry, geography, dates, narrative without real names
• Full Publicity (opt-in): Organization name, founder name, full story visible

8.2 Co-Founder Considerations

You own your story; you do not own other people's identities.

• Create false or misleading cenotaphs for organizations that did not exist or did not close
• Impersonate another person or organization
• Create multiple accounts to manipulate Respects or verification
• Attempt to manipulate the Cenotavr Award through coordinated Respects gifting
• Submit content that is defamatory, libelous, or invasive of others' privacy
• Submit content that harasses, threatens, or harms any person
• Upload malware, viruses, or other harmful code
• Attempt to gain unauthorized access to any part of the Service
• Scrape, harvest, or collect data from the Service without authorization
• Use the Service for any illegal purpose

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SOIL Foundation does not warrant:

• The accuracy, completeness, or reliability of any User Content
• That any cenotaph accurately represents the organization or events described
• That verification confirms the truth of all claims made in a cenotaph
• That the Service will be uninterrupted, secure, or error-free

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOIL FOUNDATION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL SOIL FOUNDATION'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO SOIL FOUNDATION, IF ANY, FOR USE OF THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

14.1 Your Right to Terminate

You may terminate your account at any time by contacting us. Upon termination:

• Your account will be deactivated
• You may request deletion of your User Content
• Any Respects in your account will be forfeited

14.2 Data Deletion Rights

You have the right to request deletion of your personal data and User Content:

• Your cenotaph will be removed from the Cenotaphery
• Your personal information will be deleted from our systems
• Aggregated, anonymized patterns derived from your data may be retained for research purposes
• Deletion will be completed within 30 days

To request deletion, contact privacy@soilplatform.org.

16.1 Annual Celebration

SOIL hosts the annual "Day of the Dead Venture" on October 19th - a global day of remembrance for failed organizations. Participation is voluntary.

16.2 The Cenotavr Award

The Cenotavr Award recognizes the most impactful cenotaph of the year, determined entirely by objective platform metrics (total Respects received). By creating a public, verified cenotaph, you are automatically eligible unless you opt out. There are no applications, nominations, or jury decisions.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

Any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the cause of action arose, or such claim shall be permanently barred.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.