Terms of use

Effective date: 11 July 2026

We know reading legal documents is rarely anyone's idea of time well spent — particularly when you're here because of something that matters deeply. So we've written these Terms plainly, without unnecessary complexity. Please read them. They govern your use of Gaia and everything we build together.

By creating an account, making a purchase, or using any part of the Gaia platform — including Gaia Vault, our Will builder, our online memorials, Funerals Live, and any associated services — you agree to these Terms. If you do not agree, please do not use our services.

  1. Who we are
  2. Gaia is operated by Gaia Digital Pty Ltd (ACN: 688 003 161), an Australian company. Gaia is headquartered and operated from Australia, and serves families around the world. Our group of brands includes Funerals Live (funeral live streaming and related services) and Moments by Gaia.

    We provide digital tools for end-of-life planning and remembrance, including an online Will builder, a private document vault (Gaia Vault), online memorials and tribute tools, funeral live streaming and memorial video services (Funerals Live), an AI-assisted eulogy writer and related writing tools, a CRM for funeral providers, and digital consulting services.

    We are not a law firm. Nothing on our platform constitutes legal advice. For complex estate matters, we recommend engaging a qualified solicitor.

  3. Who these terms apply to
  4. These Terms apply to:

    • Individuals creating an account to write a Will, store documents, or manage their estate planning
    • Executors and nominees accessing a Gaia Vault on behalf of a deceased or incapacitated account holder
    • Memorial owners and managers creating or managing an online memorial, and visitors who view a memorial or leave a tribute, candle, flower, or gift
    • Customers of Funerals Live booking live streaming, memorial video, or slideshow tribute services
    • Funeral directors and professionals using Gaia (including Gaia CRM) under a business or partner arrangement — see Section 13 for how client data is handled

    If you are accessing Gaia on behalf of another person (such as a family member who has granted you access), you agree to these Terms on their behalf and confirm you have authority to do so.

    Our services are designed primarily for Australia and New Zealand. If you access Gaia from elsewhere — for example, to view a memorial or send a tribute from overseas — these Terms still apply, and nothing in them limits any consumer rights you have under the mandatory laws of the place where you live.

  5. Your account
  6. Creating an account

    To use Gaia, you must:

    • Be 18 years of age or older
    • Be an Australian or New Zealand resident, or otherwise legally permitted to access our services
    • Provide accurate, current information when registering
    • Keep your login credentials secure and not share them with others

    You are responsible for all activity that occurs under your account.

    Keeping your details current

    Please update your account if your circumstances change — particularly your executor's contact details, your nominated access holder, or your email address. Gaia uses your registered email as the primary means of communicating with you. If you lose access to that email, we may be unable to verify your identity or restore access to your account.

    Account suspension or closure

    We may suspend or close your account if you breach these Terms, provide false information, or use Gaia in a way that harms others or our platform. Where possible, we will notify you before taking action. In cases of serious or urgent concern, we may act immediately.

    If you wish to close your account, you can do so from your account settings. Please read Section 8 (Your content and data) before closing your account, as deletion has permanent consequences for stored documents.

  7. What Gaia provides
  8. 4.1 Will Builder

    Gaia's online Will builder guides you through documenting your wishes in a legally structured format for Australian and New Zealand jurisdictions. Your completed Will must be printed, signed, and witnessed in accordance with the laws of your state or territory to be legally valid. Gaia does not witness, certify, or execute Wills on your behalf.

    4.2 Gaia Vault

    Gaia Vault is a private, encrypted document storage service. It allows you to:

    • Store digital copies of important documents (including your signed Will, Power of Attorney, identification, and personal instructions)
    • Note the location of original physical documents
    • Designate a nominated access holder — someone who can request access to your Vault after your passing

    Gaia Vault is a storage and access management tool. It does not replace your original signed Will or any other legal instrument.

    4.3 Vault access after death

    Access to a Vault following the death of an account holder is subject to our Vault Access Protocol. A nominated access holder may submit a request, accompanied by a certified copy of the death certificate and proof of identity. All requests are reviewed by a member of our team before access is granted. Gaia does not release Vault contents automatically.

    We take this process seriously. The documents stored in a Vault often represent someone's most important wishes. We will not release them without verification.

    4.4 Online memorials

    Gaia lets you create an online memorial page for a loved one, with photos, their story, service details, and a tribute wall where visitors can leave messages, light candles, send virtual flowers, or give a gift to the family. Free and paid memorial features are described on our website. Memorials and public content are subject to Section 9, and paid tributes and gifts are subject to the Gift terms in Section 6.

    4.5 Funerals Live

    Funerals Live provides professional funeral live streaming, recording, memorial video, and slideshow tribute services, currently across Sydney and Greater Sydney. Bookings, deposits, and payment terms are set out in Section 6.

    4.6 AI-assisted tools

    Some Gaia tools use artificial intelligence — including our Eulogy Writer and Theia, our website chat assistant. AI-generated content is a starting point, not a finished product: it may contain errors, and you should always review it before use. Information provided by Theia about plans or pricing is general guidance only — the prices and terms published on our website govern. Our Privacy Policy explains how AI features handle your information; we do not use your content to train AI models.

    4.7 Additional services

    From time to time, Gaia may offer additional features including advance care directives, funeral pre-planning tools, and family communication tools. These will be governed by these Terms and any additional terms presented at the time of use.

  9. What Gaia is not
  10. We want to be honest about our limits.

    Gaia is not a law firm. Our Will builder produces a legally structured document, but it is not a substitute for legal advice. If your estate is complex — involving business interests, blended families, significant assets, disputed beneficiaries, or cross-jurisdictional considerations — please engage a qualified estate planning solicitor.

    Gaia Vault is not a legal registry. Storing a document in Gaia Vault does not give it legal standing. Your signed, witnessed Will remains the legally operative document.

    Gaia does not provide grief counselling or bereavement support at this time. If you or someone you know needs support, we encourage you to contact Lifeline (13 11 14) or a registered counselling service.

  11. Subscriptions and payments
  12. Plans and Pricing

    Gaia offers free and paid subscription plans. Current pricing is available at gaiaapp.net/pricing-for-families. Paid plans may be billed monthly or annually, as selected at the time of purchase.

    Automatic Renewal

    Paid subscriptions renew automatically at the end of each billing period. You will be charged using the payment method on file unless you cancel before the renewal date. We will send a reminder before each renewal.

    Cancellation

    1. You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period. You will retain access to paid features until that date.
    2. Cancelling your subscription does not delete your account or your stored content. If you wish to delete your data, you must do so separately (see Section 8).

    Refunds & cancellations

    Nothing in this section limits your rights under Australian Consumer Law. If something we provide has a major failure, you are entitled to a refund regardless of these terms.

    Subscriptions (Gaia All-Access and tools)

    • Annual plans: a full refund within 14 days of a new annual subscription starting.
    • Monthly plans: not refunded once a billing period has started. You can cancel anytime and the plan simply ends at the period's close, with no further charges.

    Refunds will not be issued if your account is suspended or terminated due to a breach of these Terms.

    Funerals Live bookings (streaming, memorial videos, slideshows)

    • More than 48 hours before the service: cancel for a full refund of everything you have paid, including any deposit.
    • Within 48 hours of the service: we may retain the 25% deposit to cover costs already committed; anything paid beyond the deposit is refunded.
    • Rescheduling is free. If the service moves, your booking moves with it at no charge, subject to availability. Just tell us the new details.

    Keepsakes (tribute books, QR plaques, preserved flowers)

    • Each keepsake is made for you, such as an engraved plaque, a printed book, or a handmade arrangement, so we cannot offer change-of-mind refunds once production has started. Contact us quickly and we will do our best if it has not.
    • If a keepsake arrives damaged or faulty, we will replace or refund it. That is your Australian Consumer Law right and our intention anyway.

    Memorial gestures (virtual flowers, candles, trees, gifts to the family)

    • Virtual tributes are delivered instantly to the memorial page and are generally not refundable. If you made a genuine mistake such as selecting the wrong memorial or a double-charge, contact us and we will sort it out.
    • Gifts to the family go directly to the family's own account, so refunds of a gift come from the recipient. See the Gift terms subsection below for details.
    • Memorial trees are planted in seasonal batches; a tree order can be refunded until its batch is committed to our planting partner.

    If an account holder passes away: Where a subscription has been paid in advance and the account holder passes away during that period, the estate may request a pro-rata refund for the unused portion. Please contact us at info@gaiaapp.net with a certified copy of the death certificate.

    If you become incapacitated: If you become permanently incapacitated and are unable to use Gaia, a refund of the unused portion of a prepaid subscription may be requested by an authorised representative. Contact us with supporting documentation and we will review the request with care.

    How to request a refund: email info@gaiaapp.net from the address you purchased with, or use the contact form. Include the memorial or service name if it relates to one. Refunds are returned to the original payment method and typically appear on your statement within 5–10 business days.

    One-off purchases

    Alongside subscriptions, Gaia offers one-off purchases. All payments are processed securely by Stripe; we do not see or store your full card details.

    • Funerals Live services (live streaming packages, memorial videos, slideshow tributes): you may pay in full or secure a booking with a 25% deposit, with the balance due before the service. If the funeral service is postponed or rescheduled, we will transfer your booking to the new date at no charge, subject to availability. If you cancel a booking more than 48 hours before the scheduled service, we will refund all amounts paid, including your deposit. For cancellations within 48 hours of the service, we may retain the deposit to cover costs already committed.
    • Memorial upgrades (such as the Lifetime memorial upgrade): one-time payments that unlock features on a specific memorial, described at the point of purchase.
    • Physical goods (such as memorial QR plaques): prices include delivery within Australia unless stated otherwise. Delivery timeframes are estimates. If a product arrives damaged or faulty, contact us and we will replace or refund it in accordance with the Australian Consumer Law.
    • Virtual flowers and gifts to the family on memorial pages are governed by the Gift terms subsection below.
    • Eulogy Writer purchases are made in the Eulogy Writer app and are one-time payments for the features described there.

    Nothing in this section limits your rights under the Australian Consumer Law, including where services are not provided with due care and skill or within a reasonable time.

    Gifts

    The following terms cover the paid gestures available on Gaia online memorials: gifts to the family and virtual flower tributes. By making either, you agree to the terms below.

    Gifts to the family

    • A personal gift, not a donation. A gift to the family is a voluntary personal payment to the family member who manages the memorial. It is not a charitable donation. Gaia is not a charity or fundraiser, and gifts are not tax-deductible.
    • The money goes directly to the family. Payments are processed by Stripe on the family member's own verified Stripe account. Gaia never holds or controls gift money.
    • Fees. A 5% platform fee plus Stripe's standard card-processing fees are deducted from each gift. The remainder settles to the family member's bank account. Fees are disclosed wherever gifts are offered.
    • Who receives it. The recipient is the verified account holder who enabled gifts on that memorial (identity and bank details verified by Stripe, not by Gaia). Gaia takes reasonable steps, including our own service records, to confirm memorial ownership, but does not guarantee how a recipient uses a gift.
    • Amounts. Gifts are between $5 and $1,000 AUD each.
    • Refunds and disputes. Gifts are voluntary payments and are generally not refundable. Refunds and card disputes are handled through the recipient's Stripe account under Stripe's rules. If something is wrong, contact us and we will help.
    • Your tribute. Your name and any message appear publicly on the memorial's tribute wall. The gift amount is never shown publicly.

    Virtual flower tributes, candles, and memorial upgrades

    • Virtual flowers and eternal candles are digital gestures displayed on the memorial page. No physical goods are supplied or delivered. Prices ($5–$60, shown before purchase) are paid to Gaia Digital Pty Ltd, inclusive of processing.
    • An eternal candle stays displayed at the top of the memorial's tribute wall for as long as the memorial is published.
    • Gifting the Lifetime upgrade ($96) unlocks the memorial's premium features (up to 100 photos, video tributes, themes, and co-managers) on that specific memorial, permanently. It is applied to the memorial itself and is managed by the memorial's owner. It does not give the giver any access to or control over the memorial.
    • Memorial trees ($25) are real native trees planted in Australia through our reforestation partner, Greenfleet. Trees are planted in seasonal batches, so planting occurs after purchase, not immediately. The price is paid to Gaia Digital Pty Ltd and includes our costs and margin. It is not a charitable donation and not tax-deductible, and no specific location or species is guaranteed.
    • The tribute book is a keepsake of the memorial's story, photos, and tributes. The digital edition ($29) is a print-quality PDF delivered by an emailed download link that regenerates with the latest tributes each time it is downloaded. No physical item is supplied. The hardcover edition ($119) is printed and shipped by our team within Australia. Please allow around 10 business days. Hardcover orders include the digital edition and are covered by the Australian Consumer Law. If your book arrives damaged or faulty, contact us and we will replace or refund it.
    • Your name, message and the tribute appear publicly on the memorial's tribute wall.

    General

    • All payments are processed securely by Stripe. Gaia does not see or store card details.
    • The memorial's owner may remove any tribute from their memorial's public wall. Removal of a tribute does not reverse a payment.
    • If a gift cannot be completed (for example, the recipient's account becomes restricted), the payment is not taken or is returned via Stripe.
    • Nothing in this subsection is financial or tax advice. Gifts are offered by Gaia Digital Pty Ltd, Sydney, Australia. Questions: info@gaiaapp.net.

    Price Changes

    We may update the prices of any Gaia product, service, subscription plan, or one-off purchase at any time, including in response to changes in usage patterns, platform performance, operational costs, third-party service fees, or market conditions.

    For subscriptions: we will notify you by email at least 30 days before a price change takes effect. The new price will apply from your next billing cycle after the notice period. Your continued use of Gaia after the new price takes effect constitutes acceptance of the updated price. If you do not wish to continue at the new price, you may cancel your subscription before the next billing cycle in accordance with the Cancellation section above.

    For one-off purchases and services (including but not limited to Funerals Live bookings, memorial gestures, physical goods, and tool access fees): updated prices take effect when published on our website. Any order or booking already confirmed and paid for at the time of a price change will be honoured at the original price.

    Gaia reserves the right to introduce new fees for features or services that were previously offered at no charge, provided we give at least 14 days' notice via email or in-app notification before the new fee takes effect.

    Nothing in this clause limits your rights under the Australian Consumer Law.

    Taxes

    Prices for consumer products and services (families and individuals) are displayed inclusive of GST where applicable. Business pricing, including Gaia CRM plans and consulting services, is displayed exclusive of GST, which is added at invoicing. If you are located outside Australia, additional taxes may apply under the laws of your jurisdiction.

  13. Your responsibilities
  14. When using Gaia, you agree to:

    • Provide accurate information about yourself, your estate, and any nominated access holders
    • Keep your account credentials secure
    • Notify us promptly if you become aware of unauthorised access to your account
    • Use Gaia only for lawful purposes
    • Respect the privacy and dignity of others whose information you may document within our platform

    You agree not to:

    • Impersonate another person or create a Gaia account on behalf of someone without their knowledge and consent
    • Upload content that is fraudulent, defamatory, or illegal
    • Attempt to access another user's Vault or account without authorisation
    • Use Gaia to facilitate financial abuse, elder abuse, or coercion of any kind
    • Attempt to reverse-engineer, copy, or interfere with our platform or its security systems

    We take the vulnerability of our users seriously. Gaia is used during some of life's most difficult moments. Any attempt to exploit, deceive, or cause harm to another person through our platform will result in immediate account termination and may be reported to relevant authorities.

  15. Your content and data
  16. Ownership

    You own the content you upload to Gaia. This includes your Will, personal documents, instructions, and any other information you store in your Vault. Gaia does not claim any ownership over your content.

    Our licence to store and display your content

    By uploading content to Gaia, you grant us a limited licence to store, process, and display that content for the sole purpose of providing our services to you. We do not use your content for marketing, AI training, or any purpose beyond operating your account.

    Accuracy

    You are responsible for the accuracy of the content you upload. Gaia does not verify, validate, or review the legal sufficiency of documents stored in your Vault, except as part of our Vault Access Protocol (see Section 4.3).

    Deletion

    If you close your account, your content will be permanently deleted within 30 days. This action is irreversible. Please ensure you have downloaded or secured any documents you wish to retain before closing your account.

    If you store your only copy of a signed Will in Gaia Vault, we strongly recommend keeping a physical copy in a secure location as well.

    Backups

    We maintain secure, encrypted backups of Vault content to protect against data loss. However, we recommend you do not rely solely on Gaia for any document that cannot be recovered or recreated.

  17. Online memorials and public content
  18. Creating a memorial

    By creating a memorial, you confirm that you are a family member, close friend, or authorised representative of the person being remembered, and that you have the right to share the photos, stories, and other content you publish. If you upload photos or information about living people (for example, family members in a photo), you should have their permission where practical.

    Published content is public

    Published memorials are public web pages. Anyone with the link can view the memorial and its tribute wall. Please only publish content you are comfortable sharing publicly. You can unpublish or edit your memorial at any time from the memorial builder.

    Tributes from visitors

    Visitors do not need an account to leave a message, light a candle, or send a virtual flower or gift. If you post a tribute, you confirm it is respectful and truthful, and you grant Gaia and the memorial's owner the right to display it on the memorial page. The memorial's owner may remove any tribute from their memorial at any time, and we may remove content that is abusive, unlawful, or inconsistent with the dignity of the platform.

    Family concerns and takedown requests

    We understand memorials can be sensitive within families. If you believe a memorial about your loved one has been created without appropriate authority, contains content that is inaccurate or distressing, or should be transferred to another family member, please contact us. We will review takedown and transfer requests with care and may ask for information verifying your relationship to the person being remembered. Where family members disagree, we may unpublish contested content while the matter is resolved.

    Managers and ownership transfer

    A memorial's owner may invite co-managers and may hand over ownership using a secure claim link. The owner is responsible for who they grant access to. Payment settings for gifts to the family can only be controlled by the verified owner, as described in the Gift terms in Section 6.

  19. Privacy
  20. Your privacy matters to us, especially given the sensitive nature of what you store with Gaia Digital.

    How we collect, use, store, protect, and disclose your personal information is set out fully in our Privacy Policy. By using Gaia, you agree to our Privacy Policy, which forms part of these Terms.

  21. Security
  22. Gaia uses industry standard technical and organisational measures to protect your account and Vault content. Details of our security practices are described in our Privacy Policy.

    Despite these measures, no system is entirely immune to risk. If you suspect your account has been compromised, contact us immediately at info@gaiaapp.net.

  23. Our intellectual property
  24. Everything on the Gaia platform (including our software, design, content, and branding) is owned by or licensed to us and is protected by Australian and international intellectual property law.

    Your use of Gaia does not give you any right to copy, reproduce, distribute, or create derivative works from our platform or its content without our prior written consent.

  25. Third party services
  26. Gaia integrates with select third party services to provide certain features — including Stripe (payment processing), Calendly (demo bookings), Google cloud services (hosting and analytics), and Anthropic (AI assistant processing). When you use these integrations, you may also be subject to the terms of those third party providers. We are not responsible for the conduct or policies of third party services.

    Links from Gaia to external websites are provided for convenience. We do not endorse or take responsibility for third party content. Where a memorial links to a charity's donation page, your donation is made directly to the charity on its own website — Gaia does not collect, process, or receive any part of it.

    Business customers

    If you are a funeral provider or other business using Gaia CRM or partner tools, you are responsible for the client information you enter, including having collected it lawfully. We hold and process that information on your behalf to provide the service, as described in our Privacy Policy, and any separate written agreement between us takes precedence over this section for business data matters.

  27. Availability and changes
  28. We aim to keep Gaia available at all times, but we cannot guarantee uninterrupted access. We may occasionally take the platform offline for maintenance, updates, or security purposes. We will provide advance notice where possible.

    We may add, change, or remove features over time as we improve the platform. We will notify you of material changes that affect your use of Gaia.

  29. Limitation of liability
  30. Your consumer rights come first. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.

    Where our services fail to meet a consumer guarantee that cannot be excluded, and the failure does not amount to a major failure, our liability is limited (at our option) to resupplying the service or paying the cost of having it resupplied.

    Subject to the above, and to the extent permitted by law: we are not liable for indirect or consequential loss (such as loss of profits or goodwill); and our total aggregate liability to you in connection with the platform is limited to the greater of the amounts you paid us in the 12 months before the event giving rise to the claim, and $100 AUD.

    Subject to your rights under the Australian Consumer Law, we are not liable for:

    • Loss arising from the legal invalidity of a Will you created using our platform
    • Loss of data caused by factors outside our reasonable control
    • Decisions made by executors, nominees, or family members in relation to your estate
    • Indirect, incidental, or consequential loss of any kind

    Content on the platform is general information only and is not legal, financial, or other professional advice. You are responsible for content you choose to store, publish, or rely on.

  31. Indemnity
  32. You agree to indemnify Gaia against any claim, loss, damage, or expense (including reasonable legal costs) to the extent it arises from your breach of these Terms, your unlawful use of our platform, or content you upload that infringes the rights of a third party. Your liability under this indemnity is reduced to the extent that our negligence or breach of these Terms contributed to the loss.

  33. Dispute resolution
  34. We would always prefer to resolve concerns directly. If you have an issue with Gaia, please contact us first at info@gaiaapp.net. We aim to respond within 2 business days and to resolve most concerns promptly and informally.

    If a dispute cannot be resolved directly, it will be subject to the laws of New South Wales, Australia. Both parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

  35. Changes to these terms
  36. We may update these Terms from time to time. When we do, we will update the effective date at the top of this page and notify you by email where the change is material.

    Your continued use of Gaia after updated Terms take effect constitutes your acceptance of those changes. If you do not accept the updated Terms, please close your account before they come into effect.

  37. Governing law
  38. These Terms are governed by the laws of New South Wales, Australia, and the Commonwealth of Australia, including the Australian Consumer Law. Our obligations under Australian privacy law are governed separately by our Privacy Policy.

  39. Contacting us for support
  40. If you have questions about these terms, your account, or how Gaia works, you can contact us from Monday to Friday, 9am to 6pm AEDT.

    • Phone: +61 449 990 737
    • Email: info@gaiaapp.net

    For urgent matters relating to the passing of an account holder, please email us with "Vault Access Request" in the subject line and we will prioritise your request.