Last updated: 8 September 2026
(1) These General Terms and Conditions ("Terms") apply to all contracts for the provision of memory-collection, tribute-compilation, and remembrance services ("Services") offered by:
Cleo Walker, trading as A RECORD OF YOU, Oderstraße 11, 10247 Berlin, Germany ("we", "us", "the Provider").
(2) These Terms apply to consumers (Verbraucher, §13 BGB) and to business/institutional clients (Unternehmer, §14 BGB) alike, save where a clause expressly distinguishes between the two — most importantly §5 (Right of Withdrawal), which applies to consumers only.
(3) Any terms and conditions of the client that conflict with or deviate from these Terms are not recognised unless we have expressly agreed to their validity in writing.
(1) A RECORD OF YOU provides a guided service through which a client ("Client") commissions the collection of tributes (image and/or text) from a circle of contributors ("Contributors") nominated by the Client, concerning a named deceased person, for compilation into a private website, digital file, and/or printed publication (the "Record").
(2) The exact scope of each engagement — including the tier selected (Original, Customised, or Legacy), the guiding questions, number of Contributors, formats accepted, editing/proofreading, consultation calls, web access duration, and print quantities — is agreed individually with each Client and set out in a written quote and/or order confirmation. That quote, once accepted, forms part of the contract together with these Terms.
(3) We do not provide grief counselling, psychotherapy, or medical advice of any kind. The Service is a creative and administrative memory-collection and publishing service. Where a Client appears to need clinical or crisis support, we may signpost to appropriate professional resources but do not provide such support ourselves.
If you are experiencing acute distress, please reach out to a qualified professional or a free, confidential support service. In Germany: Telefonseelsorge, 0800 111 0 111 or 0800 111 0 222, free and available 24 hours a day (also reachable via online chat at telefonseelsorge.de). In the UK and Ireland: Samaritans, 116 123, free and available 24 hours a day.
(1) Enquiries via our website, email, social media, or telephone constitute a non-binding request for a quote.
(2) A binding contract is formed when the Client either accepts our written quote (by email, signed confirmation, or payment of the agreed amount) and we issue a written order confirmation, or the Client pays for the Service through the checkout on our website and receives an order confirmation.
(3) We reserve the right to decline any engagement at our discretion — including where capacity is not available, where the requested timeline is not feasible, or where content requested appears to breach §7 of these Terms — without obligation to give reasons.
(1) All prices quoted to consumers are shown as final prices inclusive of statutory German VAT (currently 19%) and any other price components, in accordance with the Preisangabenverordnung (PAngV). Prices quoted to business clients (Unternehmer) may be shown net of VAT where clearly labelled as such.
(2) Unless otherwise agreed in the order confirmation, payment terms are: 100% payable upon order confirmation to begin work.
(3) For Clients who opt into the early-start consent under §5(6), work will not commence, and Contributors will not be contacted, until the monies have cleared.
(4) Invoices are payable within 10 days of the invoice date unless a different date is agreed. Statutory late-payment interest and reminder fees may apply after this period elapses without payment.
(5) Additional Contributors, additional images, expedited timelines, or scope changes requested after order confirmation are charged according to our current rate card and confirmed in writing before being carried out.
(1) If you are contracting with us as a consumer, you have the right to withdraw from this contract within 14 days without giving any reason.
(2) The withdrawal period will expire 14 days from the day of the conclusion of the contract.
(3) To exercise the right of withdrawal, you must inform us (Cleo Walker, A RECORD OF YOU, Oderstraße 11, 10247 Berlin, cleo@arecordofyou.com) of your decision to withdraw from this contract by an unambiguous statement (e.g. a letter sent by post, or an email). You may use the model withdrawal form at the end of these Terms, but it is not obligatory.
(4) Effects of withdrawal: if you withdraw from this contract, we shall reimburse all payments received from you without undue delay, and in any event not later than 14 days from the day on which we are informed of your decision to withdraw, subject to §5(6) and the tier-specific provisions below. We will use the same means of payment as you used for the initial transaction unless expressly agreed otherwise.
(5) Treatment by component of the Record (applies equally across the Original, Customised, and Legacy tiers):
(a) Service component: the consultation, contributor outreach, collection, compilation, and editing work is a service (Dienstleistung) and remains subject to the standard withdrawal rules and the early-performance mechanism in §5(6), regardless of which tier is selected.
(b) Printed component: where a printed Record is ordered, under any tier, it is compiled from the Client's and Contributors' own submitted photographs, written tributes, and personal content relating specifically to the named deceased person and the Client's chosen circle. This content-level personalisation — rather than the format of the guiding questions used to collect it — is what makes the printed Record goods clearly personalised to the consumer within the meaning of §312g(2) Nr. 1 BGB (comparable to the established treatment of personalised photobook services). Accordingly, once the Client has approved the final content for print production, the right of withdrawal does not apply to this printed component, for any tier, even within the 14-day period otherwise available. This exception applies only to the physical print production element; the underlying service (consultation, outreach, compilation) remains governed by (a) above.
(c) Digital/web component: where the Client expressly requests that we begin providing digital content (e.g. publishing the private website) before the 14-day period has expired, and expressly acknowledges that doing so will cause the right of withdrawal to expire for that digital content once its provision has begun, the right of withdrawal expires for the digital component at that point (§312g(2) Nr. 6 BGB). This acknowledgment is captured at the point of order alongside the consent described in §5(6).
(6) Early performance of the service component: because grief-related requests are often time-sensitive (an approaching anniversary, funeral, or birthday), you may expressly request that we begin the service before the 14-day withdrawal period has expired. If you make this request and we fully perform the service before the withdrawal period ends, your right of withdrawal expires early for that component. If you withdraw after work has begun but before full performance, you must pay us an amount proportionate to the services already provided up to the point of withdrawal. This amount is assessed individually for each case, based on the work actually completed at the point of withdrawal (for example: whether the consultation was held, whether Contributors had already been contacted, and the proportion of contributions already collected and/or compiled), compared to the full scope of the contract. We will provide the Client with a clear, itemised explanation of this calculation at the time any refund is issued.
(1) The Client is responsible for personally sending the invitation using the short email template and link provided by us, directly to each nominated Contributor, using contact details the Client already holds through their own existing relationship with that Contributor. The template links to an invitation page hosted by us, which explains the purpose of the request and provides access to the tribute form. The Client agrees not to alter the substantive wording of the template or the link provided. We do not collect, receive, or hold any Contributor's contact details unless and until that Contributor voluntarily provides them themselves via the tribute form — which may occur when they enter their details to begin or save the form, and does not require the form to have been fully completed or submitted.
(2) The Client warrants that they have the authority to commission a Record concerning the named deceased person (for example, as next of kin, executor, or with the agreement of the immediate family), and that doing so does not infringe the rights or reasonable wishes of others with a close connection to the deceased.
(3) The Client is responsible for reviewing and approving the final Record before print production is initiated. Print orders are final once production has commenced with our print partner and cannot be cancelled at that stage; corrections after this point are chargeable as a reprint.
(1) Before submitting any contribution (text, photograph, or other material), each Contributor is required to confirm, via a digital waiver, that they hold the necessary rights to share that content and that its inclusion in the Record does not infringe any third party's rights.
(2) By submitting content, each Contributor grants A RECORD OF YOU and the Client a non-exclusive licence to reproduce, edit for length and clarity, compile, print, and display that content solely for the purpose of producing and delivering the Record in line with the Client's wishes.
(3) We reserve the right to decline, request revision of, or omit any contribution that is unlawful, defamatory, sexually explicit, appears to have been submitted without the necessary rights, or is otherwise inconsistent with the respectful purpose of the Service.
(4) The Client indemnifies us against third-party claims arising from content submitted by Contributors they nominated, save where such claims arise from our own breach of these Terms or applicable law.
(5) Separately from the content licence above, we will only use a Client's or Contributor's materials in our own marketing (e.g. as an anonymised testimonial or case study) with their explicit, separately obtained opt-in consent — never by default.
(6) Where a Contributor submits content to which they do not hold the necessary rights, liability for that content rests with the Contributor, consistent with the safe-harbour principles of the EU Digital Services Act and the German implementation of the E-Commerce Directive, provided we did not create or select the content ourselves. If we receive a valid notification that submitted content infringes a third party's rights, we will review it and, where the notification is justified, remove the content within 48–72 hours of receipt.
(1) Upon completion of the Record, the Client receives a permanently usable copy (e.g. as a PDF download, or via web access where applicable) for their own keeping. Where the Record is delivered as a hosted website with an agreed access period (e.g. 6 months, 3 years, 10 years, or lifetime, depending on the package), that period applies in addition to the permanent copy. Where the Record is delivered in another format (e.g. as a PDF document only), our retention of the underlying submitted content ends 6 months after delivery. Details on the processing and storage of the underlying data are set out in our Privacy Policy.
(2) Estimated timelines for contributor outreach, collection, and delivery are communicated at the consultation stage and are not binding delivery dates unless expressly confirmed in writing.
(3) Timelines depend materially on Contributors submitting material by the agreed deadline; delays caused by Contributors or a Contributor's non-response are outside our control and do not constitute a breach of contract on our part. We will make reasonable efforts to encourage Contributors to submit thoughtful and meaningful contributions, including through guided prompts and reminder communications. We cannot guarantee the content, depth, or timeliness of any individual Contributor's submission, as this remains outside our control.
(4) Neither party is liable for delay or failure to perform caused by circumstances beyond their reasonable control (illness, bereavement of the Provider, technical failure of third-party platforms, print-supplier delay, or similar force majeure events). We will inform the Client without undue delay and agree a revised timeline.
(1) Production of the physical Record is carried out by our print partner under a separate contract directly between the Client and the print partner, on the print partner's own terms and conditions. Statutory warranty rights for the physical product (e.g. manufacturing defects, binding, print quality) are owed by the print partner as the seller of that good.
(2) Our responsibility is limited to supplying the print partner with an accurate, print-ready file that correctly reflects the content approved by the Client. Where a defect in the delivered Record results from an error in the file we supplied (for example, an incorrect image, a missing tribute, or a compilation error) rather than from the print partner's production process, this is treated as a defect in our own service, and we will arrange for a corrected file to be reprinted at no additional cost to the Client, subject to the print partner's cooperation.
(3) Colour variation between screen preview and final print, within normal industry tolerances of our print partners, does not constitute a defect.
(1) We are liable without limitation for damages arising from injury to life, body, or health caused by us, and for damages caused by intentional or grossly negligent breach of duty.
(2) For damages caused by slightly negligent breach of a material contractual obligation (Kardinalpflicht) — i.e. an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance the Client may regularly rely — our liability is limited to the foreseeable damage typical for this type of contract.
(3) Liability beyond this is excluded, including for indirect or consequential loss, save where mandatory statutory liability (e.g. under the Produkthaftungsgesetz) applies.
(4) We are not liable for the accuracy, completeness, or emotional content of material submitted by Contributors; we act as a facilitator and compiler, not as a fact-checker of personal memories.
(1) The processing of personal data of Clients and Contributors — including names, contact details, photographs, and written contributions — is carried out in accordance with our separate Privacy Policy (Datenschutzerklärung), available at [insert URL], which forms part of these Terms by reference.
Contributor personal data first reaches us only once that Contributor voluntarily provides it themselves via the tribute form — which may occur as soon as they begin entering details, and does not require the form to be fully completed. We do not receive or hold Contributor contact details from the Client (see §6(1)).
(2) Where Contributors under the age of 16 are invited to contribute, the Client is responsible for obtaining the consent of a parent or legal guardian in accordance with Art. 8 GDPR before that Contributor is invited.
(3) We use GDPR-compliant, EU-based (or Standard-Contractual-Clause-covered) third-party providers for form submission, website hosting, and print production, and maintain Data Processing Agreements (Auftragsverarbeitungsverträge) with each.
(1) We treat all information shared by Clients and Contributors as confidential and will not disclose it to third parties except as necessary to deliver the Service (e.g. to a print partner) or as required by law.
(2) This obligation survives the end of the contractual relationship.
(1) Once Contributors have been contacted, reducing the scope of the engagement (e.g. fewer Contributors, removal of print) may still incur charges already reasonably accrued for work performed (consultation, outreach, editing already completed), assessed case-by-case in line with §5(6).
(2) Where a Client wishes to pause an engagement — for example, due to the emotional demands of the process — the engagement is treated as frozen, not cancelled or abandoned, for as long as the Client remains in contact with us, even briefly. None of the provisions in §13(3) apply while an engagement is frozen in this way.
(3) Unresponsive Clients: If we make three documented attempts to contact the Client within a period of up to 6 months and receive no response, we will compile and deliver to the Client a copy of the Record reflecting the material gathered up to that point, in whatever format the collected content allows (for example, a PDF document and/or a zip file of submitted photographs). This delivery starts the retention period described in §8(1) for non-web-format deliveries. No refund of fees already paid will be issued in these circumstances, as the Service has been substantively initiated and made available to the Client's chosen Contributors.
(1) The invitation template and outreach process, guiding-question frameworks, design templates, website structure, and other proprietary materials developed by A RECORD OF YOU remain our intellectual property. The Client receives a licence to use the delivered Record for personal, non-commercial purposes (or, for Legacy/institutional Clients, for the purposes agreed in the order confirmation).
(2) This does not affect ownership of the Client's or Contributors' own submitted content, which remains with them subject to the licence granted under §7(2).
(1) The contract ends upon full delivery of the agreed Service(s), including any agreed period of web access.
(2) Either party may terminate for good cause (wichtiger Grund) with immediate effect, including material breach of these Terms.
(3) On expiry of any agreed web-access period, we will make reasonable efforts to provide the Client with a further copy of the Record's content prior to the access period ending, in a format available to us at that time, as a courtesy in case the Client's original permanent copy under §8(1) is no longer available to them, unless a further extension is purchased.
(4) In the event that A RECORD OF YOU ceases trading, we will give Clients a minimum of 90 days' notice and provide a full export of their Record before any hosted web access is discontinued.
(1) These Terms and the contractual relationship are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law does not deprive them of protections granted by mandatory provisions of the law of their country of habitual residence.
(2) Where the Client is a merchant (Kaufmann), a legal entity under public law, or has no general place of jurisdiction within Germany, the place of jurisdiction is Berlin.
(3) We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
(4) Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall not be affected (salvatorische Klausel).
(5) In the event of any discrepancy between this English version and the German version of these Terms, the German version shall prevail for contracts with clients resident in Germany; the English version shall prevail for contracts with clients resident outside Germany, unless mandatory local consumer law requires otherwise.
(6) We may transfer this contract and the rights and obligations arising from it to a successor entity — for example, if the business is converted from a sole proprietorship (Einzelunternehmen) into a Unternehmergesellschaft (haftungsbeschränkt) or other legal form, operated by the same founder. We will notify the Client of any such transfer. The Client has the right to terminate the contract within 30 days of being notified, if they do not wish to continue with the successor entity.
(7) We will notify Clients of any change to our registered business name or legal status, whether or not such a change requires the succession arrangement described in §16(6).
(Complete and return this form only if you wish to withdraw from the contract)
To: Cleo Walker, A RECORD OF YOU, Oderstraße 11, 10247 Berlin, Germany, cleo@arecordofyou.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*):
Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.