Terms of Use

Effective date: November 3, 2026

These Terms of Use ("Terms") govern your use of everlydesignstudio.com, the Everly design studio application, and related services (together, the "Service"), operated by Fueled By You Inc, an Iowa corporation doing business as Everly Studio ("Everly," "we," "us," or "our"). By creating an account or using the Service, you agree to these Terms. If you do not agree, please do not use the Service.

Your account

You must provide accurate information when you create an account and keep it up to date. You are responsible for keeping your login credentials secure and for activity that occurs under your account. Please tell us promptly if you believe your account has been used without your permission.

What Everly provides

Everly provides tools to design and order personalized memorial products, including appliques, wraps, panels, programs, and related items. The Service may be offered directly to you or through a funeral home that works with Everly. Product options, sizes, and pricing may change over time.

Your content and the rights you grant

You keep ownership of the photographs, words, and other materials you upload or enter ("Your Content"). You grant Everly a non-exclusive, worldwide license to host, store, reproduce, adapt, and process Your Content solely to operate the Service and to create, produce, deliver, and support the memorial products you order, including making backups and using our production partners. We will not use Your Content for our own marketing unless you give us separate, express permission.

Your responsibilities for content

You represent that you have all rights and permissions necessary to upload Your Content and to allow us to use it as described in these Terms, including any authorization needed to use the name, image, and likeness of the person being memorialized and of any living individuals shown in Your Content. You agree not to upload content that is unlawful, infringing, or that you do not have the right to share.

Proofs and approval

Before we produce a physical product, you review and approve a final proof. Because each item is made to order from the proof you approve, please review it carefully, including spelling, names, dates, layout, and image placement. Once you approve a proof, we produce the product based on that approved proof.

Orders, pricing, and payment

Prices are shown or quoted through the Service. Payments are processed securely by our payment provider, Stripe, and your use of that payment processing is subject to Stripe's terms. Your order is confirmed when payment is received and accepted. You are responsible for any applicable taxes.

Custom products, cancelations, and refunds

Everly products are personalized and made to order. For that reason, once you have approved a proof and production has begun, an order generally cannot be canceled, returned, or refunded. If a product arrives damaged, defective, or materially different from the proof you approved, contact us promptly at support@everlydesignstudio.com and we will work with you to correct the problem, including reproducing or replacing the item where appropriate. Nothing in these Terms limits any rights you have under applicable consumer protection law that cannot be waived.

AI-assisted designs

Designs may be generated or refined using artificial intelligence tools. Results can vary, and generated designs are provided for you to review and adjust. The final proof you approve is what governs what we produce.

Acceptable use

You agree to use the Service only for lawful purposes and not to misuse it, interfere with its operation, attempt to gain unauthorized access to it, or use it to upload unlawful, infringing, or harmful content.

Everly's intellectual property

The Service, including its software, designs, templates, Signature Series designs, text, graphics, and the Everly name and logo, is owned by Everly or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service to design and order memorial products for personal, non-commercial memorial purposes. These Terms do not give you any rights in Everly's underlying templates, systems, or other intellectual property.

Third-party services

The Service relies on third-party providers, such as Stripe for payments and our hosting and production partners. Your use of those services may be subject to their own terms and policies.

Disclaimers

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Everly disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that colors and materials shown on screen will exactly match the finished product.

Limitation of liability

To the fullest extent permitted by law, Everly and its officers, directors, and employees will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, arising out of or relating to your use of the Service. To the fullest extent permitted by law, Everly's total liability for any claim relating to the Service or an order will not exceed the amount you paid for the order giving rise to the claim.

Indemnification

You agree to indemnify and hold harmless Everly and its officers, directors, and employees from any claims, damages, and expenses, including reasonable attorneys' fees, arising out of Your Content or your violation of these Terms or of any law or the rights of another.

Governing law and venue

These Terms are governed by the laws of the State of Iowa, without regard to its conflict of laws rules. You agree that any dispute relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Black Hawk County, Iowa, and you consent to the jurisdiction of those courts.

Electronic communications and consent

By using the Service, you consent to receive communications from us electronically, and you agree that your electronic approvals, acceptances, and signatures within the Service have the same legal effect as handwritten ones.

Text messages

Everly Studio family messages are texts Everly Studio sends to families planning a service with a funeral home that uses Everly: a private link inviting a family to share memories, and one-time sign-in codes. You receive them only after you or your funeral home, with your agreement, give us your mobile number.

Message frequency varies. Message and data rates may apply. Reply STOP to any message to stop receiving texts, and reply HELP or email support@everlydesignstudio.com for help. Carriers are not liable for delayed or undelivered messages. See our Privacy Policy for how we handle mobile numbers.

Changes to the Service and these Terms

We may update the Service and these Terms from time to time. When we make material changes to these Terms, we will update the effective date above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect means you accept the updated Terms.

Contact us

Questions about these Terms can be sent to support@everlydesignstudio.com.

Everly Studio, a brand of Fueled By You Inc
315 E 5th St, Ste 202, Waterloo, IA 50703