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Terms of Service

These terms of service (“Terms”) cover your use and access to the services, client software and websites (“Services”) provided by After My Death Ltd (“we”, “our”, “us”).

Our Privacy Policy explains how we collect and use your information, while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy, and Acceptable Use Policy.

Our Services include a number of websites. When you use the same account to access different parts of our Services, the data you have provided will be transferred.

We need your permission to host the data you have provided, back it up, and share it when you ask us to.

 

Your Responsibilities

Your use of our Services must comply with our Acceptable Use Policy. Data provided by you may be protected by others’ intellectual property rights. Please don’t upload information unless you have the right to do so.

 

We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy.

 

It is also your responsibility to keep information provided by you protected. Safeguard your password to our Services, and keep your account information current. Do not share your account credentials or give others access to it.

 

Software

Our Services may allow you to download client software (“Software”) such as the After My Death App, which may update automatically. As long as you comply with these Terms, we give you a limited, nonexclusive, non-transferable, revocable license to use our Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

 

Additional Features

 

From time to time, we may add additional features to enhance the user experience of our Services at no additional charge. However, these free features may be withdrawn by us without further notice.

 

Third-Party Features

 

Our Services may give you the option to link to third-party features and integrations. We do not own or operate any such features or integrations.  If you access or use any third-party features or integrations, you are responsible for this access and use, and we are not responsible for any act or omission of the third party, or the availability, accuracy, related content, products, or services of third parties.

 

Our Rights

Our Services are protected by copyright, trademark, and other laws. These Terms don’t grant you any right, title, or interest in the Services, or others’ content in the Services, After My Death trademarks, logos and other brand features.

 

Termination

You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if we reasonably believe:

1.      you are in breach of these Terms;

2.      your use of the Services would cause a real risk of harm or loss to us or other users; or

3.      you do not have an active subscription.

 

We will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.

 

We won’t provide notice before termination or suspension of access to the Services where we reasonably believe:

1.      you are in material breach of these Terms, which includes, but is not limited to, violating our Acceptable Use Policy;

2.      doing so would cause us legal liability or compromise our ability to provide the Services to our other users; or

3.      we're prohibited from doing so by law.

 

Once we suspend or terminate your access to the Services, you will not be able to access data you have provided, however you will be able to request a copy of your data by contacting our Support team at support@aftermydeath.com. We do not provide refunds if we suspend or terminate your access to the Services, unless required by law.

Discontinuation of Services

We may decide to discontinue the Services in response to exceptional unforeseen circumstances, events beyond our control (for example, but not limited to, a natural disaster, fire, or explosion), or to comply with a legal requirement. If we do so, we will give you reasonable prior notice. If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but for which you haven't received Services.

Services “as is”

We strive to provide great services, but there are certain things that we cannot guarantee. To the fullest extent permitted by law, we, and any affiliates, suppliers, or distributors, make no warranties, either express or implied, about the services. The services are provided “as is.” We also disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

Some places don’t allow the disclaimers in this paragraph, so they may not apply to you. For example, these disclaimers do not override the legal protections, including statutory warranties, granted to consumers by EU law.

 

Limitation of Liability

We don’t exclude or limit our liability to you where it would be illegal to do so—this includes any liability for our or any affiliates’ fraud or fraudulent misrepresentation in providing the services. In countries where the following types of exclusions aren’t allowed, we are responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph does not affect consumer rights that can’t be waived or limited by any contract or agreement. If you are an EU or UK consumer, these terms do not exclude our liability for losses and damages that are a result of our failure to use reasonable care and skill in providing the services or of our breach of our contract with you, as long as those losses and damages are reasonably foreseeable.

 

In countries where exclusions or limitations of liability are allowed, we and any affiliates, suppliers, or distributors will not be liable for:

1.      any indirect, special, incidental, punitive, exemplary, or consequential damages; or

2.      any loss of use, data, business, or profits, regardless of legal theory.

 

These exclusions or limitations will apply regardless of whether or not we or any of our affiliates have been warned of the possibility of such damages.

 

If you use the services for any commercial, business, or re-sale purpose, we or any of our affiliates, suppliers or distributors will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We and any affiliates are not responsible for the conduct, whether online or offline, of any user of the services.

 

Other than for the types of liability we cannot limit by law (as described in this section), we limit our liability to you to the greater of £20 GBP or 100% of any amount you've paid under your current service plan with us. This provision does not apply to EU consumers where prohibited by applicable law.

 

Resolving Disputes

We want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by sending us a written Notice of Dispute to support@aftermydeath.com that includes your name, a detailed description of the dispute, and the relief you seek. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days after submission, you or we may bring a formal proceeding. If you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access at https://ec.europa.eu/consumers/odr.

 

Controlling Law

These Terms will be governed by the Law of England and Wales. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.

 

Entire Agreement

These Terms constitute the entire agreement between you and After My Death Ltd with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. Any of our past, present, or future affiliates and agents can invoke our rights under this agreement in the event they become involved in a dispute with you. Otherwise, these Terms do not give rights to any third parties.

 

Waiver, Severability & Assignment

Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

 

Modifications

We may revise these Terms to better reflect:

1.      changes to the law;

2.      new regulatory requirements; or

3.      improvements or enhancements made to our Services.

 

If an update affects your use of the Services or your legal rights as a user of our Services, we will notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated Terms will be effective no less than 30 days from when we notify you.

If you do not agree to the updates we make, please cancel your account and stop using the Services before the updated Terms become effective. Where applicable, we will offer you a pro-rated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

 

Updated December 2024

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