Terms & Conditions
Please read these Terms and Conditions (“Terms”) carefully before using the Will Call kiosk, website, or any related services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.
1. About Will Call
Will Call is a nonprofit grief memorial project created in memory of Will Cardina. Our Services provide a space for people to speak aloud to those they have lost — a modern interpretation of the “wind phone” tradition of grief and remembrance. Recordings may, with the user’s explicit consent, be shared on our website for others to hear.
Will Call is operated as a nonprofit organization. Our mission is to provide a free, accessible, and dignified space for grief expression. We do not profit from recordings or user data.
2. Eligibility
Will Call is open to users of all ages. Minors under the age of 18 are welcome to use our Services when accompanied by a parent or legal guardian. The accompanying adult must be present during the session, agrees to these Terms on the minor’s behalf, and assumes full responsibility for the minor’s use of the Services and any content they create — including consent to record, store, or share a recording.
Adults using our Services on their own behalf represent that they have the legal capacity to agree to these Terms.
3. The Kiosk Experience
Recording
The Will Call kiosk allows you to record an audio message intended for someone who has passed. By initiating a recording session, you acknowledge and agree that:
- Your voice will be recorded and stored on secure cloud servers
- Your recording will be automatically transcribed using AI speech recognition technology
- Your recording and transcription will be reviewed by automated content moderation systems
- Recordings that do not pass content moderation will not be published and may be reviewed by Will Call staff
- Recordings are stored in accordance with our Privacy Policy
Sharing and Publication
Your recording will only be published on the Will Call website if you:
- Explicitly consent to sharing during your session, and
- Your recording passes content moderation review
Published recordings are anonymous. We do not publish your name, contact information, or any identifying details alongside your recording unless you explicitly provide and consent to such information being displayed.
Content You May Not Record
You agree not to use the kiosk to record content that:
- Threatens, harasses, or incites violence against any person or group
- Contains hate speech targeting protected characteristics
- Involves sexual content, explicit material, or content involving minors
- Constitutes defamation, fraud, or impersonation
- Violates any applicable law or regulation
- Is spam, commercial solicitation, or promotional in nature
Will Call reserves the right to remove any published recording that violates these Terms, at any time and without notice.
4. SMS Communications
If you opt in to receive an SMS message, you agree to the terms of our SMS Terms, which are incorporated into these Terms by reference. You will receive no more than one (1) text message per recording session. Standard message and data rates apply. Reply STOP at any time to opt out.
5. Donations
General
Will Call accepts voluntary donations to support our nonprofit mission. Donations are processed by a third-party payment processor and are subject to that processor’s terms of service. Will Call does not store payment card information.
No Refund Policy
All donations to Will Call are final and non-refundable. As a nonprofit organization, we are unable to process refunds on charitable contributions. If you believe a donation was made in error or without your authorization, please contact us immediately at [email protected] and we will review your request on a case-by-case basis.
Tax Deductibility
Will Call is organized as a nonprofit organization. Donations may be tax-deductible to the extent permitted by law. You are responsible for determining the deductibility of your donation. We recommend consulting a tax advisor. We will provide donation receipts upon request.
Use of Funds
Donations are used to support the operation, maintenance, and expansion of Will Call and its grief support mission. Will Call does not pay executive salaries or distribute profits. Detailed financial information is available upon request.
6. Volunteers
Volunteer Relationship
Individuals who volunteer with Will Call do so freely and without expectation of compensation. Volunteers are not employees of Will Call and are not entitled to wages, benefits, or any other compensation.
Volunteer Conduct
Volunteers agree to:
- Treat all users, staff, and community members with dignity and respect
- Maintain the confidentiality of any personal information encountered while volunteering
- Not record, photograph, or distribute any user interaction without explicit consent
- Represent Will Call’s mission and values accurately and honestly
- Comply with all applicable laws and Will Call policies
At-Will Relationship
Volunteer relationships with Will Call are at-will and may be ended by either party at any time, for any reason, without notice.
Waiver of Liability
Volunteers acknowledge that their service is voluntary and agree to hold Will Call, its officers, directors, and agents harmless from any claims arising from their volunteer activities, to the fullest extent permitted by law.
7. Intellectual Property
The Will Call name, logo, branding, website design, and application code are the intellectual property of Will Call and/or their service providers, and may not be reproduced, modified, or distributed without prior written permission.
When you submit a recording and consent to its publication, you grant Will Call a non-exclusive, royalty-free, worldwide license to store, display, stream, and share that recording on the Will Call website and related platforms for the purpose of fulfilling our grief memorial mission. You retain ownership of your recording. You may request removal at any time by contacting [email protected].
8. Disclaimers
Will Call provides its Services “as is” and “as available” without warranties of any kind, express or implied. We do not warrant that:
- The Services will be uninterrupted, error-free, or secure
- Any recording will be transcribed, moderated, or published within any particular timeframe
- The Services will meet your specific expectations or emotional needs
9. Limitation of Liability
To the fullest extent permitted by applicable law, Will Call and its officers, directors, employees, volunteers, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our Services, including but not limited to loss of data, loss of recordings, emotional distress, or any other damages, even if Will Call has been advised of the possibility of such damages.
Our total liability to you for any claims arising from these Terms or your use of our Services shall not exceed the total amount you have donated to Will Call in the twelve (12) months preceding the claim.
10. Indemnification
You agree to indemnify and hold harmless Will Call, its officers, directors, employees, volunteers, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of our Services, your violation of these Terms, or your violation of any rights of another person or entity.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Will Call is incorporated, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts of competent jurisdiction in that state.
12. Changes to These Terms
We reserve the right to update these Terms at any time. When we make material changes, we will update the “Last Updated” date and post a notice on our website. Your continued use of our Services after changes are posted constitutes your acceptance of the revised Terms.
13. Severability
If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
14. Contact Us
Questions about these Terms? Contact us at:
Will Call
[email protected]
will-call.org
