AfterVault Terms of Service
TERMS OF SERVICE
Welcome to AfterVault.
These Terms of Service (or the “Terms”) govern the use of AfterVault’s services, including AfterVault’s website and products (collectively, the “Services”), and any information, text, graphics, photos, or other material uploaded to, downloaded from, stored on, or transmitted through the Services (collectively, the “Content”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services.
SECTION 1 – BASIC TERMS
You are responsible for your use of the Services and any Content originating with you.You must use the Services in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
AfterVault’s Services are always evolving and may change from time to time without notice. New features will also be subject to these Terms. In addition, AfterVault may stop (permanently or temporarily) providing the Services (or any Services feature) to you or to users generally and may not be able to provide you with notice.
AfterVault’s Services may display advertisements. AfterVault’s advertising methods and policies are subject to change without notice.
You may use the Services only if you can form a binding contract with AfterVault. You must be at least 13 years old to use the Services. If you are over 13 and under 18, you may use the Services only if your parent or legal guardian has reviewed these Terms and agreed to them on your behalf.
SECTION 2 – SERVICES
AfterVault provides an online communications platform allowing you to share information and material with others following your death or incapacitation or in other situations.
The Services allow you to share Content designated by you (such as login information to important digital accounts, messages, and emails) with third parties that you select (the “Recipients”). Please consider carefully what you choose to share and whom to choose to share it with. AfterVault is not responsible for the Content you share and disclaims any liability or responsibility for your sharing of it.
Your Content will be shared with the Recipients only if certain conditions set forth in your account (the “Conditions”) are met. Conditions that will trigger Content being shared may include (but are not limited to): (a) your failure to respond to scheduled email messages sent to the email address that you have provided to AfterVault for such a purpose; (b) your failure to respond to phone calls or text messages sent to the phone number you have provided to AfterVault for such a purpose; (c) emails or other communications from third parties authorized by you to authorize your Content being shared; or (d) some combination of all of the previous methods. These methods may be implemented automatically without any human or outside interference. You are solely responsible for taking the actions required to prevent your Content from being shared. AfterVault disclaims any liability or responsibility for Content being shared if the Conditions are met.
If the Conditions are met, AfterVault will share your Content in the manner specified by your account, such as by providing your selected Recipient with a password to access your Content.
You may download, change, or delete the Content to be shared at any time.
You may change, modify, revoke, or delete your Recipients at anytime.
SECTION 3 – ACCOUNT INFORMATION
You are responsible for safeguarding your username and password and for all actions by your AfterVault account. AfterVault encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols). AfterVault cannot and will not be liable for any loss or damage arising from your failure to do so. If you know of or reasonably suspect a breach of security related to your account, you must immediately notify AfterVault and modify your log in information.
You agree to provide truthful and accurate account information, including but not limited to a username, master password, name, phone number, valid email address, and valid contact information for your selected Recipients. You agree to update all such information so that it remains accurate. It is your responsibility to ensure that all contact information associated with your use of the Services is valid, even if the underlying contact information changes or stops working. AfterVault disclaims any liability or responsibility for Content being shared or not shared as a result of inaccurate or outdated information.
SECTION 4 – COST OF SERVICES
The annual cost of membership depends on the type and size of account that you select. Additional services and increases in memory increase your cost. AfterVault reserves the right to change prices at any time. The current rates can be seen here.
When purchasing a membership, you must pay in full for the membership term you have selected and for any additional services. All acceptable payment methods are listed at the time of payment. You must provide current, complete, and accurate information regarding your payment method for your account. If you elect to be billed on a recurring basis, you must keep your account information and payment method current and you must promptly notify us if your payment method is canceled or if you become aware of a potential breach of security.
SECTION 5 – CONTENT
All Content is the sole responsibility of the person who originated the Content. AfterVault does not monitor or control user-submitted Content, and cannot take responsibility for it.
AfterVault does not endorse, support, or guarantee that any Content or other information transmitted via the Services is complete, truthful, accurate, or reliable. AfterVault is not liable for any Content (including errors or omissions in the Content), nor any loss or damages resulting from the use or sharing of that Content.
AfterVault makes no representation regarding, and bears no responsibility or liability for, the legal status, legal effectiveness, or consequences of your Content being shared. Your Content, including directions that you may provide to others, is not legally binding. Your Content and the Services are not a substitute for a will and do not exempt any assets from the laws of probate and intestate succession. If you need legal advice in regard to a will or other issues relating to family or estate planning, you should consult a licensed attorney in your area.
By submitting Content, you represent that your Content and its submission: (a) does not violate any laws, contractual restrictions, or other third-party rights, including (without limitation) copyright, trademark, privacy, personality, or other personal or proprietary right; and (b) does not contain viruses, adware, spyware, worms, or other malicious material.
AfterVault reserves the right to disclose any information, including your Content, in order to comply with any applicable law, regulation, legal process, or governmental request, if AfterVault deems such disclosure appropriate.
SECTION 6 – YOUR RIGHTS
You retain your rights in Content that you submit to the Services. But you grant AfterVault a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license (with the right to sublicense) to use, copy, reproduce, process, adapt, transmit, display, and distribute that Content in performance of the Services and in accordance with the instructions set forth in your account.
AfterVault also may modify your Content in order to transmit, display, or distribute it over computer networks and in various media, and to conform the Content to any requirements of any networks, devices, services, or media.
You represent that you have all the rights, power, and authority necessary to grant the rights granted in this agreement regarding Content originating with you.
SECTION 7 – AfterVault’S RIGHTS
All right, title, and interest in and to the Services (excluding Content provided by users) are AfterVault’s exclusive property. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use AfterVault’s name or any of AfterVault’s trademarks, logos, domain names, and other distinctive brand features.
Any feedback, comments, or suggestions you provide is entirely voluntary and AfterVault will be free to use it as AfterVault sees fit and without any obligation to you.
SECTION 8 – YOUR LICENSE TO USE THE SERVICES
AfterVault gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use any software, patented or proprietary protocol, or other proprietary material that AfterVault provides to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by AfterVault, in the manner permitted by these Terms. You agree not to use the Services for any other purpos
SECTION 9 – RESTRICTIONS
You agree not to: (a) Commercially exploit the Services (including by distributing, leasing, licensing, selling, renting, lending, conveying, or otherwise transferring the Services or any component of the Services, such as passwords, usernames, or computer code); (b) Gain, or attempt to gain, unauthorized access to the Services, accounts registered to others, or to the computers, servers, and networks connected to the Services; (c) Probe, scan, or test the vulnerability of any system or network related to the Services, or breach or circumvent AfterVault’s security or authentication measures; (d) Interfere or disrupt the Services or servers or networks connected to the Services (including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature); (e) Spam, phish, pharm, pretext, spider, crawl, or scrape; (f) Use the Services or Content for any illegal or unauthorized purpose; (g) Infringe upon or violate any intellectual property rights; (h) Harass, abuse, insult, harm, defame, slander, disparage, or intimidate any third party; (i) Advertise, solicit, or transmit advertisements, including chain letters, junk or spam e-mail or repetitive messages; or (m) Engage in any act that AfterVault deems to be in conflict with the spirit or intent of the Services;
If AfterVault determines, in its sole discretion, that you have violated any of these restrictions, AfterVault has the right to terminate your use of the Services and to take any other action it deems appropriate.
SECTION 10 – PRIVACY
SECTION 11 – ENDING THESE TERMS
These Terms apply until you or AfterVault terminate this agreement.
You may end your legal agreement with AfterVault by deactivating your account and discontinuing your use of the Services. You do not need to specifically inform AfterVault when you stop using its Services. If you stop using the Services without deactivating your account, your account may be deactivated due to prolonged inactivity.
AfterVault may suspend or terminate your account, or cease providing you with all or part of the Services, at any time for any reason, including if AfterVault reasonably believes that: (a) you failed, or are failing, to comply with the Terms; (b) you create risk or possible legal exposure to AfterVault; or (iii) providing the Services to you is no longer commercially viable. AfterVault will make reasonable efforts to notify you by the email address associated with your account.
When this agreement terminates, all of the Terms terminate, except that the following sections will continue to apply: 5, 6, 7, 9, and 12.
This section doesn’t affect AfterVault’s rights to change, limit, or stop providing the Services without prior notice.
SECTION 12 – DISCLAIMERS AND LIMITATIONS OF LIABILITY
Please read this section carefully since it limits the liability of AfterVault and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “AfterVault Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have that may not be lawfully limited.
A. The Services are Available “As-Is”
Your use of the Services or Content is at your own risk. You agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE AfterVault ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The AfterVault Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services and any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the AfterVault Entities; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the AfterVault Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the AfterVault Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the AfterVault Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resource.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AfterVault ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) THE SERVICES; (B) THE CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (D) ANY ERRORS OR OMISSIONS IN THE SERVICES; (E) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (F) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE AfterVault ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID AfterVault, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE AfterVault ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF AfterVault’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE AfterVault ENTITIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE AfterVault ENTITIES.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND EXPRESSLY WAIVE THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA (AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY), WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify the AfterVault Entities from any claim, demand, damages, liability, or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of your use of the Services or Content, any breach by you of these Terms, and any misrepresentation made by you. AfterVault reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
SECTION 13 – MISCELLANEOUS
A. Waiver and Severability
AfterVault’s failure to enforce any right or provision in these Terms is not a waiver of that right or provision. In the event that any provision of these Terms (in whole or in part) is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
The Terms and any related actions are governed by California law, without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings, and litigation arising in connection with the Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
C. Territorial Restrictions
The Services are not intended to be distributed or used by any person or entity in any jurisdiction or country where the distribution or use would be illegal. AfterVault reserves the right to limit the Services’ availability to any person, geographic area, or jurisdiction, at its sole discretion.
D. Entire Agreement
The Terms are the entire and exclusive agreement between AfterVault and you regarding the Services (excluding any services for which you have a separate agreement with AfterVault that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between AfterVault and you regarding the Services.
We may revise these Terms from time to time. The most current version will always be located here. If the revision, in our sole discretion, is material we will notify you via email to the email address associated with your account or by posting notice to the website. In consideration for using our Services, you agree to check back here from time to time to determine if the Terms have been revised. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by AfterVault, 1630 N. Main Street, Suite 235, Walnut Creek, CA 94596. If you have any questions about these Terms, please contact us.
Effective: 1st Nov, 2014.