Sexton End User License Agreement

Version 1

Effective date: August 25, 2026

Publisher: Marvel Mirror LLC, doing business as Sexton App

2501 Chatham Rd #5694, Springfield, IL 62704, United States

1. This agreement, and how you accept it

This End User License Agreement ("Agreement") is between Marvel Mirror LLC, an Illinois limited liability company doing business as Sexton App ("we", "us"), and the cemetery, association, church, township, district, or other organization or person licensed to use the software ("you").

It covers the Sexton App desktop application, its installers and updates, the activation and licensing service at activate.sextonapp.com, and any license file we issue to you (together, the "Software").

You accept this Agreement by checking the acceptance box and clicking to continue, either on the download page at sextonapp.com or inside the Software when it starts. Do not accept it, and do not use the Software, if you do not agree. If you are accepting on behalf of an organization, you represent that you are authorized to accept it on that organization's behalf, and "you" means that organization.

We keep a record of each acceptance: the version of this Agreement, a cryptographic hash of its exact text, the date and time, the method, and the name and organization you typed. That record is how either of us can later establish what was agreed to.

2. What you may do

We grant you a non-exclusive, non-transferable license, for as long as your license is current, to:

Install and use the Software for one cemetery. One license covers one cemetery's records.
Install it on up to two computers at a time, or on the number of computers stated on your license if that number differs. Anyone in your office may use those installations; there is no charge per person.
Make copies for backup on computers or media you own or control.
Export your records at any time, in the ordinary file formats the Software provides.

Nothing in this Agreement transfers ownership of the Software to you. We keep all rights we do not expressly grant.

3. What you may not do

You may not:

Sell, rent, lease, sublicense, lend, or otherwise make the Software available to anyone outside your organization, or use one license for more than one cemetery.
Reverse engineer, decompile, or disassemble the Software, or try to derive its source code, except to the extent that restriction is unenforceable under applicable law.
Remove or alter any copyright, trademark, or license notice.
Work around, disable, or tamper with license activation, license checks, or update checks.
Use the Software in any way that breaks the law.

4. Your records are yours — and keeping copies of them is your responsibility

You own your records. Every record you enter, import, or generate in the Software — burials, plots, deeds, maps, finances, reports, and everything else ("Your Records") — belongs to you. We claim no ownership of it and no license to it.

Your records stay on your own computer. The Software stores Your Records in a database file on the computer where it is installed. We do not receive, transmit, host, or keep a copy of Your Records. License activation, license checks, and update checks never include them.

Because Your Records live on your equipment, three things follow, and they are your responsibility, not ours:

You must keep your own backups. The Software provides backup features. Keep at least one copy off the computer that runs the Software. We cannot restore records we have never had.
Every copy is yours to manage — the database on your own computer as much as anything you export, email, save to a cloud drive, or hand to someone. Exporting does not move a copy out of our hands, because it was never in them.
If you send us a file for support or importing, we will use it only to do the work you asked for and will delete our working copy when the work is done.

We are not responsible for loss of or damage to Your Records. That is subject to section 12, which sets the limits on our liability and names what those limits do not cover. Section 11 sets out the warranties we do not give.

Your records remain reachable when your license is not current. So long as the Software will start on a supported computer, the screen it shows when a license has expired, has been revoked, or cannot be verified also lets you export every record you have.

5. Recordkeeping law is yours to satisfy

The Software is a tool for keeping records. It is not legal advice and it is not a compliance service.

You remain solely responsible for meeting any legal obligation that applies to your cemetery's records — including, in Illinois, the Cemetery Oversight Act, the Local Records Act, and any retention schedule or public-records duty that applies to a public body. We do not warrant that the Software, or any report it produces, satisfies any statute, rule, or regulator. If your obligations are unclear, consult your own counsel or your state regulator.

6. Activation, license checks, and what they send

To use an online-issued license, the Software activates against our licensing service. Activation sends your license key, your computer's operating-system platform, and a hashed fingerprint derived from a machine identifier — not the identifier itself. About once a day thereafter, the Software sends the license key and that fingerprint and receives a signed statement of whether the license is current, renewed, expired, or revoked.

Our licensing service keeps the license record: the cemetery name and billing email given when the license was issued, its expiry date and machine allowance, and the fingerprints, platforms, and activation times of the computers activated on it.

Updates. When the Software checks for an update, it sends your license key in a request header to the same service and receives a signed release manifest. The download is verified against a signing key built into the Software before anything is installed, and an update is only ever installed after you click to install it.

No part of Your Records is included in any of these requests. As of version 1 of this Agreement, the Software contacts exactly one host — activate.sextonapp.com — and sends only the values named above.

If your office cannot connect to the internet, tell us and we will issue a license file for a specific computer from a machine code the Software displays. A license issued that way makes no automatic licensing requests.

Our Privacy Notice describes this in full and is part of this Agreement by reference.

7. Term, renewal, expiry, and what happens after

Term. A license runs for one year from the date we issue it, unless your license states otherwise.

Renewal. Your license does not renew by itself unless you separately enroll in automatic payment through our payment provider. Otherwise you renew by paying for another year. You may enroll in or cancel automatic payment at any time; cancelling it does not cancel your license, it simply means the next year is not charged automatically.

Before expiry. The Software begins telling you that renewal is due 30 days before the expiry date.

After expiry. The Software keeps working normally for 30 days after the expiry date. After that period, the Software stops opening the register until the license is renewed — and, as section 4 describes, exporting your records stays available on that same screen.

Trial licenses run for 14 days and have no grace period. A trial does not convert to a paid license automatically and no payment method is charged at the end of it; if you want to continue, you pay and we convert your license.

8. Price, payment, refunds, and cancellation

Price. The current price is stated at sextonapp.com/pricing. Payment is by card through our payment provider's own checkout, or by invoice. We never see or store your card number.

Price changes. We may change the price of a future renewal term. If we do, we will tell you at least 60 days before your renewal date. A price change never affects a term you have already paid for, and you are free to decline it by not renewing.

Your purchase date. Your purchase date is the day you have both paid us and been issued your license — whichever of those two happens second. If you pay first, it is the day we issue the license. If we invoice you first, it is the day your payment reaches us, however long that takes. There is no outside date and no cap on it: a board that pays on a warrant cycle is not on a clock it did not set.

What runs from it. The refund period below and the limited warranty in section 10 each run 30 days from your purchase date. They open together and close together, and neither can close before you have paid for the thing it protects. The term is separate. Under section 7 the term runs one year from the date we issue your license, and nothing in this paragraph moves it.

A trial has no purchase date, and time spent on a trial does not count toward any period in this section or in section 10. When you convert a trial to a paid license, your purchase date is set the same way as anyone else's.

If we never receive payment, there is no purchase date and neither period opens. That takes little from you and nothing you have paid for: a refund of what you paid is nothing, and while your license is current we correct problems and ship updates anyway under section 9. Your license still ends when section 7 says it does.

30-day money back. If the Software is not right for you, tell us within 30 days of your purchase date and we will refund what you paid for that term in full. No conditions, and you do not have to explain. A refunded term ends: your license ends with the refund and you stop using the Software — and, as section 4 describes, exporting every record you have stays available on the screen the Software shows once a license is no longer current.

After 30 days. The annual term is not refundable in part. You may cancel at any time, and the cancellation takes effect at the end of the term you have paid for.

9. Updates and support

Updates and support are included in the price for as long as your license is current. We may change what the Software does — adding, altering, or removing features — as it develops. We will not make a change that removes your ability to export Your Records.

We are not obliged to keep supporting any particular version of macOS or Windows indefinitely. The Software is distributed for macOS (Apple silicon and Intel) and 64-bit Windows.

10. Limited warranty

We warrant, for 30 days from your purchase date — section 8 defines it — that:

it is free of viruses and other malicious code as delivered by us; and
it will perform substantially as described in the materials we publish for it.

This warranty does not apply where the Software has been modified, combined with unsuitable hardware or software, used contrary to this Agreement or our instructions, or where the problem arises from your equipment, your operating system, your network, or anything else outside our control.

Your exclusive remedy, and our entire obligation, for a breach of this warranty is, at our choice: to correct the problem, to provide a replacement, or to refund what you paid for the then-current term. To claim it, email [email protected] describing the problem within the 30-day period.

If that remedy is held to fail of its essential purpose, section 12 still applies in full.

11. Disclaimer of all other warranties

EXCEPT FOR THE LIMITED WARRANTY IN SECTION 10, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", AND YOUR USE OF IT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MARVEL MIRROR LLC DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT IT WILL RUN ON ANY PARTICULAR COMPUTER, THAT IT WILL MEET ANY LEGAL OR REGULATORY REQUIREMENT, OR THAT ANY DATA WILL BE PRESERVED, RECOVERABLE, OR FREE OF ERROR. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS OF YOUR RECORDS.

Some states do not allow the exclusion of certain implied warranties, so parts of this section may not apply to you.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MARVEL MIRROR LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, COST OF SUBSTITUTE SOFTWARE, OR — WITHOUT LIMITATION — ANY LOSS, CORRUPTION, OR INACCURACY OF DATA OR RECORDS, OR ANY COST OF RECONSTRUCTING THEM, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE, WHATEVER THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SOFTWARE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) TWO THOUSAND U.S. DOLLARS ($2,000).

THESE LIMITS APPLY EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

These limits do not apply to our own fraud or willful misconduct, or to any liability that cannot be limited or excluded under applicable law. Some states do not allow certain limitations, so parts of this section may not apply to you.

The pricing and allocation of risk in this Agreement reflect these limits. We could not offer the Software at its price without them.

13. Your responsibility to us

You will defend and indemnify us against any third-party claim, and any resulting loss, damage, or reasonable attorneys' fees, that arises from:

your use of the Software in breach of this Agreement or in violation of law;
the content of Your Records, including any claim that recording, publishing, or disclosing it infringed someone's rights or breached a duty you owed them; or
your failure to meet a recordkeeping obligation described in section 5.

We will tell you promptly about any such claim and will not settle it without your consent, which you will not unreasonably withhold.

You do not indemnify us for our own wrongdoing. To the extent a judgment, award, settlement, loss, damage, or fee under this section was caused by our breach of this Agreement, that share is ours, and this section does not reach it. The reduction is proportionate, and it is only that: our share comes out, and nothing else in this section does. The rest of the claim stays with you, the limit below still applies to it, and the two exceptions to that limit still stand.

Saying it is not showing it. Your obligations under this section keep running while a claim is live, and telling us the fault is ours does not suspend them. The reduction applies once our breach is established — a court or arbitrator decides it, or we agree to it in writing. When that happens, our share comes off what you owe under this section, and we repay what you have already spent on it. Until then, the claim gets defended.

There is a limit on what you pay us, and it is the same one that limits us. The money you owe us under this section — the judgments, awards, and settlement amounts we become liable for, and anything else you reimburse us — will not exceed the greater of (a) the amounts you paid us for the Software in the twelve months before the event giving rise to the claim, or (b) two thousand U.S. dollars ($2,000). That figure is deliberately the one section 12 places on everything you can recover from us: the most either of us can owe the other under this Agreement is the same number.

Two things sit outside that limit.

What it costs to defend a claim. Defending is not paying. Defence costs — yours, and ours if we take the defence over — are not counted against the limit and do not use it up. A limit that a defence could swallow would leave nothing to indemnify with.
A claim about the content of Your Records. You write those records, you decide what is published or disclosed from them, and we never receive or see them, so a claim arising from their content is not subject to the limit. This exception does not apply to a Public Body.

We may take over our own defence. If you do not take up the defence of a claim within a reasonable time after we tell you about it, if you stop defending it, or if the limit above has been reached, we may defend and settle the claim ourselves, and the consent requirement above stops applying to that claim. You will reimburse what that costs us. We will keep you informed.

If you are a Public Body, as section 16 defines that term, this section binds you only so far as the law that governs you allows you to give it, and only out of funds lawfully appropriated or otherwise lawfully available for it. Nothing here asks you to commit money you have no lawful power to commit, or to take on an obligation in an amount you cannot know in advance.

14. Ownership

The Software, its design, and everything in it other than Your Records are owned by Marvel Mirror LLC and protected by copyright and other law. "Sexton", "Sexton App", and "Marvel Mirror" are our marks.

Feedback you send us — a suggestion, a bug report, an idea for a feature — we may use freely and without obligation to you. We will not identify you as its source without your permission.

15. Termination

By you. You may stop using the Software at any time. Section 8 governs refunds.

By us. We may terminate this Agreement, and revoke your license, if you materially breach it and do not fix the breach within 30 days of our written notice. We may terminate immediately if you copy or redistribute the Software in violation of section 3.

On termination, your right to use the Software ends and you must stop using it and remove it from your computers. Your Records remain yours. We will give you a reasonable opportunity to export them before a revocation takes effect, except where the breach is one we could not safely allow to continue.

Sections 1, 3, 4, 5, 8, 10, 11, 12, 13, 14, 16, 17, 18, and 19 survive termination. Section 19 survives in full, so severability, entire agreement, no waiver, assignment, notices, force majeure, and export keep working after this Agreement ends.

16. Disputes

"Public Body" means a unit of local government, a special district, a school district, or any other governmental entity. Sections 13, 16.1, 16.2, and 16.3 use that term with this meaning.

Notice before a proceeding. Before either of us starts a formal proceeding, that party will give the other written notice describing the dispute and what it wants, and the two of us will try in good faith to resolve it for 30 days.

A waiting period this Agreement imposes never costs either of us a claim. Where this Agreement has one of us write to the other and wait before starting a proceeding, the one-year limit in section 16.3, and any other deadline in this Agreement for bringing a claim, stops running on the day that written notice is sent and starts running again on the day the waiting period ends. The days that were left when the notice was sent are still left when it starts again.

16.1 Arbitration and class-action waiver — for customers other than Public Bodies

This section 16.1 does not apply to a Public Body, as section 16 defines that term.

PLEASE READ THIS. IT AFFECTS HOW DISPUTES ARE RESOLVED AND GIVES UP YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

If a dispute is not resolved under the notice-and-good-faith paragraph that opens this section 16, it will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures — or, if those rules are renamed, replaced, or succeeded, under whichever rules the Association then applies to commercial disputes. The arbitration will take place in Sangamon County, Illinois, or by documents, telephone, or video at the arbitrator's discretion. The arbitrator must follow this Agreement and applicable law and must issue a written decision.

YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. An arbitration covers only the dispute between you and us, may not be consolidated with anyone else's, and the arbitrator may not award relief to anyone who is not a party.

What arbitration costs you. We will pay the Association's administrative fees and the arbitrator's compensation to the extent they are more than what you would have paid in filing fees to bring the same claim in an Illinois circuit court. Within the bounds below, you are never out of pocket to the Association or to the arbitrator for more than a court would have charged you to file. Three things set those bounds:

We pay as if the claim were for the most you can recover, and no more. The Association sets its fees by what a demand asks for, and charges further fees of its own besides. Our share is worked out as though the claim were a claim for money in the largest amount you could actually recover under section 12. Whatever the Association charges above that figure is yours, not ours, for whatever reason it is charged — a demand larger than you can recover, a claim that asks for no sum of money at all, an application for emergency measures, further parties brought in, or anything else.
There is a ceiling. What we pay under this paragraph in any one dispute — administrative fees and arbitrator compensation together — will not exceed five times the annual fee for your license, or two thousand U.S. dollars ($2,000) if that is more. The Association publishes what it charges; it does not publish what an arbitrator charges by the hour. This ceiling is what makes our side of this paragraph a figure both of us can know today.
Neither of us pays past that ceiling to stay in arbitration. If those costs would run past the ceiling, you are not asked to make up the difference to keep the arbitration alive. Either of us may take the dispute out of arbitration and bring it in court under section 16.2 — or in small claims court, if it fits there. The same is true if the arbitration is suspended or ended because those costs went unpaid. The waivers above, of a jury and of class treatment, still apply wherever the dispute goes, and the one-year limit in section 16.3 stops running while it moves.

A claim that fails completely carries its own costs. Whichever of us brought a claim that is dismissed, denied, or withdrawn in its entirety will reimburse the other for the Association's fees and the arbitrator's compensation the other paid on it. The arbitrator will make that award; it is not left to discretion. The arbitrator also keeps whatever further authority the Association's rules give to award fees and costs.

Exceptions. Either of us may bring an individual claim in small claims court instead, and either of us may go to court for an injunction to protect intellectual property or to stop unauthorized use of the Software. If a claim brought in small claims court later stops qualifying for that court — because it is amended, because the relief sought grows past that court's limit, because it is transferred, or for any other reason — either of us may require it to be returned to arbitration under this section.

A court decides whether the class-action waiver holds — not the arbitrator. Choosing the Association's rules does not hand the arbitrator that question, and nothing else in this Agreement does either.

If a court holds the class-action waiver above unenforceable as to a particular claim, that claim alone leaves arbitration and goes to court under section 16.2. Every other claim stays in arbitration, and the rest of this section 16.1 stays in force. A claim leaving this way does not disturb the exceptions above: a claim within the small claims court's limit may still be brought there, and either of us may still go to court for the injunctions described above.

One proceeding at a time. A claim that leaves arbitration this way waits its turn. We each agree it will not go forward until the arbitration of the claims that stayed is finished, and each of us will ask the court to stay it until then. The one-year limit in section 16.3 stops running for the waiting claim while it waits, so waiting costs no one a claim.

16.2 Court — for Public Bodies, and where 16.1 does not apply

Any dispute not subject to section 16.1 will be brought exclusively in the state or federal courts located in Sangamon County, Illinois, and each of us consents to the jurisdiction of those courts and waives any objection to venue there. Each of us waives the right to a jury trial.

A Public Body is an exception to the county named above. Illinois law fixes where an action involving a public, municipal, governmental, or quasi-municipal corporation must be brought, and that law governs instead of this clause. An action by or against a Public Body is brought where that law requires, and nothing in this Agreement asks a Public Body to agree to a different county or to give up an objection to venue. The jury waiver in this section and the time limit in section 16.3 still apply.

16.3 Time limit

Any claim arising out of or relating to this Agreement or the Software must be brought within one (1) year after the claim arose, or it is permanently barred. Where the law that applies fixes a different period, does not allow the period to be shortened by agreement, or supplies no period at all, that law governs instead of this sentence. If you are a Public Body, this time limit binds you only so far as the law that governs you allows you to agree to it. This one-year period is tolled by the waiting-period rule at the start of section 16, and it binds each of us in the same way.

17. Governing law

This Agreement is governed by the laws of the State of Illinois, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.

18. Changes to this Agreement

Each version of this Agreement carries a version number and an effective date, and every published version stays available at sextonapp.com/eula.

If we make a material change, the Software will show you the new version and ask you to accept it before you continue. If you decline, you may stop using the Software and, if you decline within 30 days of a renewal payment, we will refund that payment. Non-material changes — a corrected typo, a clearer sentence — do not require you to accept again.

We will not apply a changed version to you retroactively. The version you accepted governs your use until you accept a new one.

19. General

Entire agreement. This Agreement, together with the Privacy Notice and any order or invoice we issue you, is the entire agreement between us about the Software, and replaces anything said or written before it. Our published pricing and product pages describe the Software; where they conflict with this Agreement, this Agreement governs, except that we will not rely on this Agreement to escape a specific promise we published and you relied on.

Severability. If any part of this Agreement is held unenforceable, it is modified to the least extent needed to make it enforceable, or removed, and the rest stays in force.

No waiver. If we do not enforce a provision on some occasion, we have not given it up.

Assignment. You may not assign this Agreement without our written consent, except to a successor that takes over the whole of the cemetery's operations — for example where another association, township, or district assumes responsibility for the cemetery. In that case the license continues to run and does not need to be reissued; tell us so we can update the name and billing email on the record. We may assign this Agreement to a successor in a merger or sale of the business.

Notices. We will send notices to the email on your license record; keep it current. You may send notices to [email protected], or by mail to the address at the top of this Agreement.

Force majeure. Neither of us is liable for a failure caused by something outside our reasonable control.

Export. You confirm you are not located in, and will not use the Software in, a country subject to a U.S. government embargo, and that you are not on a U.S. government restricted-party list.

20. Contact

Marvel Mirror LLC d/b/a Sexton App 2501 Chatham Rd #5694, Springfield, IL 62704, United States [email protected] · 217-288-3351

End user license agreement