Terms and Conditions
1 Definitions
1.1 Account: The secure online storage space created by a User upon registration with the Service, which is used to store Data and is accessible via the User’s login credentials.
1.2 After My Death: The entity providing the Service, whose full name is After My Death Ltd, a private company registered in England with company registration number 15615870, having its registered office at 124 City Road, London, England, EC1V 2NX.
1.3 Data: Any text information, videos, images, documents, or other digital content uploaded or stored by the User within their Account, which is intended for release to Nominees after the User’s death.
1.4 Fees: The annual subscription charge payable by the User for access to the Service as set out on the After My Death website. No additional Fees are charged to Nominees.
1.5 Letter of Wishes: A non-legally binding document or communication stored within the Service, which outlines the User’s preferences or instructions to be considered by their Nominees after their death.
1.6 Nominee: An individual designated by the User through the Service to access and receive the User’s Data after their death, subject to the terms of this agreement.
1.7 Personal Data: Any information relating to an identified or identifiable natural person, as defined under the UK GDPR and the Data Protection Act 2018, which may include but is not limited to names, contact details, and other identifiable information stored within the Service.
1.8 Service: The online data warehouse and virtual letter of wishes service provided by After My Death, which enables Users to store Data intended for release to their Nominees after their death.
1.9 Subscription: The annual agreement between the User and After My Death, under which the User pays Fees to access and use the Service.
1.10 Terms: These Terms and Conditions, which govern the relationship between the User and After My Death in relation to the use of the Service, as updated from time to time.
1.11 User: An individual who has registered for and uses the Service to store Data, and who is responsible for paying the Fees and complying with these Terms.
2 Service Description
2.1 Overview
The Service is an online data warehouse and virtual letter of wishes platform provided by After My Death. The Service enables Users to securely store Data, including text information, videos, images, and documents, which is intended for release to designated Nominees after the User’s death.
2.2 Functionality
The Service allows Users to create an Account, upload and store Data, and designate Nominees through the platform. It also provides functionality for Users to store a non-legally binding Letter of Wishes, which outlines their preferences or instructions for their Nominees. The Service does not provide legal, financial, or will-making services.
2.3 Accessibility
Access to the Service is granted to Users through an annual Subscription, subject to the payment of Fees. Nominees are granted access to the User’s Data after the User’s death, at the discretion of After My Death, and are not charged additional Fees for such access.
2.4 Limitations
The Service is not targeted at minors. Users must be at least 18 years of age to register for and use the Service. After My Death reserves the right to verify the age of Users at any time. Users are solely responsible for ensuring the accuracy and legality of the Data they upload. After My Death operates under a best endeavours policy and does not guarantee uninterrupted or error-free operation of the Service. This Service is not a will-making service and does not provide legal or financial advice.
3 Account Registration and User Obligations
3.1 Account Creation
3.1.1 To use the Service, a User must register for an Account by providing accurate and complete information as requested during the registration process.
3.2 User Responsibilities
3.2.1 The User is solely responsible for maintaining the confidentiality and security of their login credentials and for all activities that occur under their Account. The User must not share their credentials with any third party.
3.2.2 The User agrees to promptly update their registration information if there are any changes to ensure it remains accurate and complete.
3.3 Compliance with Terms
3.3.1 The User agrees to comply with these Terms and any instructions or policies provided by After My Death in relation to the use of the Service. Failure to comply may result in suspension or termination of the Account.
4 Data Storage and Usage
4.1 Permitted Data
4.1.1 Users may store Data, including text information, videos, images, documents, and other digital content, within their Account. The Service is designed solely for the purpose of storing Data intended for release to Nominees after the User’s death.
4.2 Storage Policy
4.2.1 After My Death operates under a best endeavours policy to ensure the secure storage of Data. However, no guarantee is provided regarding uninterrupted or error-free operation of the Service.
4.3 Limitations
4.3.1 Users are solely responsible for ensuring the accuracy, legality, and appropriateness of the Data they upload. After My Death does not verify or validate the content of stored Data.
4.4 Access Restrictions
4.4.1 Access to stored Data is restricted to the User during their lifetime and is only released to Nominees after the User’s death, subject to these Terms.
4.5 Data Retention
4.5.1 Data will be retained for the duration of the User’s Subscription and for a reasonable period thereafter, as determined by After My Death, to facilitate access by Nominees.
5 Nominee Access
5.1 Access to Data After User’s Death
5.1.1 Upon the death of a User, After My Death may, at its discretion, grant access to the User’s Data to the designated Nominee(s). Such access will be subject to verification of the User’s death and the identity of the Nominee(s).
5.1.2 Access to the Data will be provided in accordance with the User’s instructions as set out in their Account and Letter of Wishes, where applicable. After My Death reserves the right to request additional documentation, such as a death certificate or proof of legal authority, before releasing the Data.
5.2 Nomination Process
5.2.1 The User is responsible for designating Nominee(s) through the Service. The User must ensure that the designated individuals are aware of their role and have provided accurate contact information. Nominees must accept their role through the Service via a personalised link that will be sent to the e-mail that you provide to After My Death.
5.2.2 After My Death is not responsible for verifying the suitability or legal capacity of the designated Nominee(s), nor for any disputes arising between the User and their Nominee(s).
5.3 Limitations on Access
5.3.1 Access to the User’s Data by Nominee(s) will be limited to the data stored within the Account at the time of the User’s death. After My Death does not guarantee immediate access and may impose reasonable delays for verification or administrative purposes.
5.3.2 In the event of a dispute or conflicting claims regarding access to the Data, After My Death reserves the right to suspend access until the matter is resolved by the relevant legal authorities.
6 Data Protection and Privacy
6.1 Compliance with Data Protection Laws
6.1.1 After My Death is committed to complying with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 in relation to the processing of Personal Data. The Service is designed to ensure that all Personal Data is handled lawfully, fairly, and transparently.
6.2 Privacy Policy
6.2.1 All Personal Data collected, stored, and processed by After My Death shall be handled in accordance with the company's Privacy Policy. Users acknowledge that the Privacy Policy is incorporated into these Terms by reference and agree to its provisions. After My Death reserves the right to amend its Privacy Policy from time to time, and Users will be notified of any such changes in accordance with the notification procedures set out in these Terms.
7 Acceptable Use Policy
7.1 Permitted Use
7.1.1 The Service may only be used for the lawful storage and management of Data intended for release to Nominees after the User’s death. Any use of the Service beyond this purpose is strictly prohibited.
7.2 Prohibited Activities
7.2.1 Users must not upload, store, or transmit any Data that: (i) is illegal, harmful, defamatory, obscene, or otherwise objectionable under the laws of England and Wales; or (ii) contains malware, viruses, or other malicious code.
7.2.2 Users are prohibited from using the Service to engage in activities that infringe the intellectual property rights, privacy rights, or any other rights of third parties.
7.2.3 Users must not attempt to gain unauthorised access to the Service, including but not limited to hacking, phishing, or any other unauthorised means.
7.3 Consequences of Breach
7.3.1 Any breach of this Acceptable Use Policy may result in immediate suspension or termination of the User’s Account, without prior notice, at the sole discretion of After My Death.
7.3.2 In the event of a breach, After My Death reserves the right to take any action necessary to prevent further violations, including but not limited to reporting unlawful activities to the relevant authorities.
7.4 Monitoring and Enforcement
7.4.1 While After My Death is not obligated to monitor the Data stored by Users, it reserves the right to review and remove any Data that violates this Acceptable Use Policy or any applicable law.
7.4.2 After My Death may, at its discretion, investigate any suspected breaches of this Policy and take appropriate action, including legal remedies, to enforce compliance.
8 Intellectual Property Rights
8.1 Ownership of Service Materials
8.1.1 All intellectual property rights in the Service, including but not limited to its software, website design, branding, logos, trademarks, and any associated documentation, are and shall remain the exclusive property of After My Death or its licensors. The User acknowledges that no ownership rights in such materials are transferred under these Terms.
8.2 User Content
8.2.1 The User retains ownership of all intellectual property rights in the Data they upload or store within their Account. By using the Service, the User grants After My Death a non-exclusive, royalty-free, worldwide licence to store, process, and transmit the Data solely for the purpose of providing the Service in accordance with these Terms.
8.3 Restrictions
8.3.1 The User must not reproduce, distribute, modify, or create derivative works of any aspect of the Service or its materials without the prior written consent of After My Death. Any unauthorised use of the Service or its intellectual property may result in legal action.
9 Fees and Payment Terms
9.1 Subscription Fees
9.1.1 The User agrees to pay the applicable fees in order to gain access to and use of the Service. This Fee covers the User’s Subscription for a period of 12 months from the date of payment.
9.2 Payment Process
9.2.1 Payment of the Fee must be made in advance of the Subscription term by credit card, debit card or other payment methods approved by After My Death. After My Death will provide the User with an invoice or payment confirmation upon successful processing of the Fee. All payment information will be processed securely through PCI-DSS compliant payment processors.
9.2.2 In the event of a failed payment, the User’s access to their Account will be frozen until the overdue Fee is paid. After My Death will notify the User of such failure via email and provide instructions for renewal of payment.
9.3 Fee Adjustments
9.3.1 After My Death reserves the right to adjust the annual Fee provided that any such adjustment is communicated to the User at least 30 days in advance of the next Subscription renewal date. Continued use of the Service following notification of a Fee adjustment constitutes acceptance of the new Fee.
9.4 No Refunds
9.4.1 Fees paid by the User are non-refundable, except where required by applicable law in England and Wales.
10 Subscription, Renewal and Cancellation
10.1 Subscription Term
10.1.1 The Subscription commences on the date of payment of the Fees and continues for a period of 12 months, unless terminated earlier in accordance with these Terms.
10.2 Automatic Renewal
10.2.1 The Subscription will automatically renew for successive 12-month periods unless the User cancels it in accordance with Clause 11.4.
10.2.2 After My Death will notify the User at least 30 days prior to the renewal date via the User’s registered contact information.
10.3 Cancellation by the User
10.3.1 The User has the right to cancel their Subscription in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
10.3.2 However, the right to cancel shall not apply if the User has commenced use of the Service. By using the Service, the User acknowledges that they waive their right to a cancellation and refund under these regulations.
10.3.3 To exercise the right to cancel before commencing use of the Service, the User must inform After My Death Ltd of their decision to cancel by a clear statement in writing. This notice must be provided within 14 days of the Subscription commencement date.
10.3.4 Upon valid cancellation before use, After My Death Ltd will reimburse any payments received from the User, without undue delay and not later than 14 days from the day on which After My Death Ltd is informed of the User's decision to cancel. Such reimbursement will be made using the same payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise.
10.3.5 The User may cancel their Subscription at any time after commencement of use of the Service by providing written notice to After My Death. Cancellation will take effect at the end of the current Subscription term. The User acknowledges that no refunds will be provided for any unused portion of the Subscription term.
10.3.6 Upon cancellation, the User’s access to their Account will continue until the end of the current Subscription term, after which the Account will be deactivated.
10.4 Lapsed Subscription
10.4.1 If the User fails to renew their Subscription, access to their Account will be frozen until payment is received. After My Death may, at its discretion, retain the User’s Data for up to 90 days to facilitate reactivation of the Subscription. After this period, Data may be permanently deleted without further notice.
10.4.2 After My Death reserves the right to permanently delete the User’s Data if the Subscription remains unpaid for an extended period, as determined by After My Death.
10.5 Effect of Cancellation or Lapse
10.5.1 Upon cancellation or lapse of the Subscription, the User’s Data may no longer be accessible, and After My Death shall have no obligation to retain or provide access to such Data, except as required by applicable law.
11 Term and Termination
11.1 Term
11.1.1 These Terms shall commence on the date the User registers for the Service and shall continue for the duration of the User’s Subscription, unless terminated earlier in accordance with this Clause 12.
11.1.2 The Subscription shall renew automatically upon expiration of the initial or any subsequent term, unless the User cancels their Subscription in accordance with Clause 11.3.
11.2 Termination by the User
11.2.1 The User may terminate their Subscription at any time by providing written notice to After My Death, as set out in Clause 11.3. Termination shall take effect at the end of the current Subscription term.
11.2.2 Upon termination, the User’s access to their Account will cease, and After My Death may delete or retain the User’s Data in accordance with its Data Retention Policy, as outlined in Clause 4.5.
11.3 Termination by After My Death
11.3.1 After My Death may terminate or suspend the User’s Subscription immediately, without notice, if the User breaches any of these Terms, including but not limited to: (i) non-payment of Fees; (ii) violation of the Acceptable Use Policy; (iii) provision of false or misleading information; or (iv) any other material breach.
11.3.2 After My Death reserves the right to terminate the User’s Subscription immediately if the User breaches any term of this agreement, or at any time for any other reason by providing at least 30 days' written notice to the User. Any fees paid in advance will not be refunded upon termination except where required by applicable law.
11.4 Effect of Termination
11.4.1 Upon termination or expiration of the Subscription, the User’s access to their Account and stored Data will be revoked immediately, except as required by applicable law or as necessary to fulfil the Service’s purpose of releasing Data to Nominees after the User’s death. The User shall have 30 days from termination to download or transfer any Data, subject to payment of any outstanding Fees.
11.4.2 After My Death shall have no obligation to retain or provide access to the User’s Data after termination, except as provided in Clause 4.5 or as required by law.
11.5 Survival
11.5.1 Clauses that by their nature are intended to survive termination, including but not limited to those relating to data protection, intellectual property, liability, and confidentiality, shall remain in effect after termination of these Terms.
12 Limitation of Liability
12.1 Exclusion of Liability
12.1.1 After My Death shall not be liable for any indirect, consequential, or incidental losses, including but not limited to loss of profits, business interruption, or loss of data, arising out of or in connection with the use of the Service, whether in contract, tort (including negligence), or otherwise.
12.1.2 After My Death’s total aggregate liability to the User, whether in contract, tort (including negligence), or otherwise, shall not exceed the greater of: (i) the total Fees paid by the User to After My Death in the 12 months preceding the event giving rise to the claim; or (ii) £100.
12.2 Exceptions
12.2.1 Nothing in these Terms shall limit or exclude After My Death's liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law in England and Wales.
12.3 User Indemnity
12.3.1 The User agrees to indemnify and hold After My Death harmless from and against any claims, losses, or damages arising from the User’s breach of these Terms, misuse of the Service, or infringement of any third-party rights, except to the extent such claims, losses, or damages result from After My Death’s negligence or wilful misconduct.
13 Disclaimers and Warranties
13.1 No Warranties
13.1.1 The Service is provided "as is" and "as available" without any representations or warranties of any kind, whether express or implied. After My Death does not warrant that the Service will be uninterrupted, error-free, or secure, nor does it guarantee the accuracy, completeness, or reliability of any Data stored or transmitted through the Service.
13.2 Exclusions to the Extent Permitted by Law
13.2.1 To the fullest extent permissible under applicable law in England and Wales, After My Death disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. This disclaimer applies regardless of the nature of any claim, whether in contract, tort, or otherwise.
13.3 User Acknowledgment
13.3.1 The User acknowledges and agrees that their use of the Service is at their sole risk. After My Death shall not be liable for any loss or damage arising from the User’s reliance on the Service or any Data stored within it, except as expressly provided in these Terms or as required by law.
14 Indemnification
14.1 User Indemnity
14.1.1 The User agrees to indemnify and hold After My Death harmless from and against any claims, liabilities, damages, losses, or expenses, including reasonable legal fees, arising out of or in connection with:
14.1.1.1 The User’s breach of these Terms;
14.1.1.2 The User’s misuse of the Service, including but not limited to unauthorised access, storage of illegal or prohibited Data, or infringement of third-party rights; or
14.1.1.3 Any actions or omissions by the User’s Nominees in relation to the Service or the User’s Data.
14.2 Notice and Cooperation
14.2.1 After My Death shall notify the User promptly of any claim subject to indemnification under this clause, provided that failure to provide such notice shall not relieve the User of its obligations except to the extent the User is prejudiced by such failure.
14.2.2 The User shall cooperate fully with After My Death in the defence or settlement of any such claim, at the User’s expense.
14.3 Limitations
14.3.1 The User’s indemnification obligations under this clause shall not apply to the extent that the claim arises from After My Death’s gross negligence or wilful misconduct.
15 Confidentiality
15.1 Obligations
15.1.1 Both parties agree to maintain the confidentiality of all information disclosed in connection with the Service, including but not limited to the User’s Data, login credentials, and any other information identified as confidential by either party, using at least the same degree of care as they use to protect their own confidential information of similar nature, but no less than reasonable care.
15.2 Exceptions
15.2.1 The obligations under this clause shall not apply to information which:
15.2.1.1 is or becomes publicly available without breach of this agreement;
15.2.1.2 is lawfully received from a third party without breach of any obligation of confidentiality; or
15.2.1.3 is required to be disclosed by law or by a regulatory authority, provided that the disclosing party gives prompt notice to the other party of such requirement, where permitted.
15.3 Duration
15.3.1 The confidentiality obligations under this clause shall survive the termination or expiration of these Terms for a period of 5 years, unless otherwise required by law.
16 Amendments to these Terms and Conditions
16.1 Right to Amend
16.1.1 After My Death reserves the right to amend these Terms at any time, at its sole discretion. Any amendments will be made to reflect changes in the law, regulatory requirements, or the Service’s functionality.
16.2 Notification of Amendments
16.2.1 Users will be notified of any amendments to these Terms via email to the address registered on their Account. A notice will also be prominently displayed on the Service’s website, indicating the date of the latest update.
16.3 Effective Date of Amendments
16.3.1 Unless otherwise stated in the notification, amendments to these Terms will become effective 30 days after the date of notification. If the User does not agree to the amended Terms, they must stop using the Service before the effective date. Users' continued use of the Service following the effective date constitutes acceptance of the amended Terms.
16.4 User Responsibility
16.4.1 Users are responsible for regularly reviewing these Terms to stay informed of any changes. Failure to review the amended Terms does not exempt the User from their obligation to comply with them.
17 Notices
17.1 Methods of Notice
17.1.1 Any notice or communication required or permitted to be given under these Terms shall be in writing and delivered to the other party by email to the registered email address of the User or, in the case of After My Death, to the email address provided on the Service’s website.
17.2 Effective Date of Notice
17.2.1 A notice shall be deemed to have been received on the date of delivery if sent by email, provided that the sender does not receive a delivery failure notification.
17.3 Changes to Contact Details
17.3.1 The User is responsible for ensuring that their registered contact information is accurate and up to date. After My Death shall not be liable for any failure to deliver notices resulting from inaccurate or outdated contact information provided by the User.
18 Force Majeure
18.1 Force Majeure Events
18.1.1 Neither Party shall be liable for any failure or delay in performing its obligations (except for payment obligations) under these Terms to the extent such failure or delay is caused by a Force Majeure Event. For the purposes of this clause, a "Force Majeure Event" shall mean any event or circumstance beyond the reasonable control of the affected Party, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government actions, industrial disputes, epidemics, pandemics, or failures of public or private telecommunications networks.
18.2 Notification and Mitigation
18.2.1 The Party affected by a Force Majeure Event shall notify the other Party in writing as soon as reasonably practicable, providing details of the event and its expected duration. The affected Party shall use reasonable endeavours to mitigate the effects of the Force Majeure Event and resume performance of its obligations as soon as possible.
18.3 Suspension of Obligations
18.3.1 During the continuance of a Force Majeure Event, the obligations of the affected Party under these Terms shall be suspended, provided that such Party continues to use reasonable efforts to overcome the event. If the Force Majeure Event prevents performance for a period exceeding 30 days, either Party may terminate these Terms by giving written notice to the other Party.
18.4 Exclusions
18.4.1 Nothing in this clause shall excuse the User from the obligation to pay any Fees due under these Terms, unless such payment is directly prevented by the Force Majeure Event.
19 Entire Agreement
19.1 Entire Agreement
19.1.1 These Terms constitute the entire agreement between the User and After My Death regarding the Service and supersede all prior agreements, understandings, negotiations, or representations, whether oral or written, relating to the subject matter hereof.
19.1.2 No variation, amendment, or modification to these Terms shall be effective unless agreed in writing by both parties and signed by an authorised representative of After My Death.
19.1.3 The User acknowledges that in entering into these Terms, they have not relied on any representation, warranty, or assurance not expressly set out herein.
20 Governing Law and Jurisdiction
20.1 Governing Law
20.1.1 These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of England and Wales.
20.2 Jurisdiction
20.2.1 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter.
21 Third Party Rights
21.1 No Third-Party Rights
21.1.1 Except as expressly provided in these Terms, no third party shall have any rights under or in connection with this agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
21.2 Limited Exception for Nominees and executors
21.2.1 Subject to clause below, the rights of Nominees to access the User’s Data after the User’s death, as outlined in Clause 5, shall constitute the only exception to the exclusion of third-party rights under this agreement, provided that such access shall be subject to verification of their identity and legal authority in accordance with After My Death's verification procedures.
21.2.2 In the event that all designated Nominees pre-decease the User or fail to contact After My Death Ltd following the User’s death, for any reason, After My Death Ltd shall, upon verification of the User’s death and the identity and legal authority of the executors, grant access to the User’s Data to the executors. Such access shall be subject to the procedures outlined in these Terms, including the provision of necessary documentation, such as proof of executorship.
22 Severability
22.1 Partial Invalidity
22.1.1 If any provision or part of these Terms is found by any court or authority of competent jurisdiction to be invalid, illegal, or unenforceable, such provision or part shall be deemed severed from these Terms to the extent of such invalidity, illegality, or unenforceability.
22.2 Continuation of Terms
22.2.1 The remaining provisions of these Terms shall remain in full force and effect and shall not be affected by such severance, provided that the essential intent and purpose of these Terms are preserved.
22.3 Replacement Provision
22.3.1 If a provision is severed under this clause, the parties shall, where possible, agree on a replacement provision that reflects the original intent of the severed provision as closely as permissible under applicable law.
23 Contact Information
23.1 General Enquiries
23.1.1 Any general enquiries regarding the Service, these Terms, or any related matters should be directed to After My Death at support@aftermydeath.com.
23.2 Legal Notices
23.2.1 Formal legal notices or communications under these Terms should be sent in writing to After My Death at its registered address: 124 City Road, London, England, EC1V 2NX.
23.3 Response Times
23.3.1 After My Death will endeavour to respond to all enquiries and communications within 14 business days, though this timeframe is not guaranteed. Critical security or data protection related inquiries will be prioritised and addressed as soon as reasonably practicable.