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TERMS AND CONDITIONS

Last Updated: September 4, 2024


Welcome to mytestament.io! By accessing or using our website (“Website”) and services (“Services”) provided by MyStatement Inc., you agree to be bound by these Terms and Conditions (“Terms”). These Terms apply to all visitors, users, and others who wish to access or use our Services.


Please read these Terms carefully before using the Website. Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access the Website or use the Services.


  1. INTRODUCTION
    1. Acceptance of Terms:By accessing or using mytestament.io ("Website"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms") and any other policies referenced herein. If you do not agree to these Terms, you must not use the Website. Your continued use of the Website signifies your acceptance of these Terms and any updates or modifications to them.

    2. Modifications to Terms:We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Website. We will notify users of significant changes via email or through a prominent notice on the Website. It is your responsibility to review these Terms regularly to stay informed of any modifications. Your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms.

    3. Eligibility:To use the Website, you must be at least 18 years old or have parental consent if under 18. By using the Website, you represent and warrant that you meet these age requirements. If you are accessing or using the Website on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

    4. User Responsibilities:You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You are responsible for all activities that occur under your account and for ensuring that all activities comply with these Terms.

  2. SERVICES PROVIDED
    1. Service Description:The Website provides a one-time paid service that allows users to create and store letters to be delivered to designated recipients upon the user’s death. This service includes:
      1. Letter Creation:Users can draft letters containing personal messages or important information, including but not limited to sentimental messages, instructions, financial information, and legal documents.
      2. Secure Storage:Letters are stored in a secure, encrypted environment, protected by industry-standard encryption methods and security practices. To further enhance security, we utilize Cloudflare's advanced technologies, ensuring your letters remain safe from unauthorized access or loss.
      3. Delivery Upon Death:Letters will be dispatched to recipients when we determine that the user is no longer responsive. This determination will be made by sending an email to the user with a "Are you still alive?" inquiry. If no response is received within a certain, configurable amount of time, we will consider the event to have occurred and will proceed to dispatch all the letters via email to their respective recipients. This process replaces the need for any external verification from legal or medical professionals.

    2. Service Availability:We strive to provide continuous service; however, we cannot guarantee uninterrupted availability. Scheduled maintenance, technical issues, or unforeseen circumstances may affect service availability. We will make reasonable efforts to inform users of any planned maintenance and address any unexpected outages as quickly as possible.

    3. Content Responsibility:You are solely responsible for the content of your letters. This includes ensuring that your letters:
      1. Do Not Infringe on Third-Party Rights:Ensure that your letters do not violate any intellectual property rights, privacy rights, or other rights of third parties. If you include copyrighted or proprietary material, ensure you have the necessary permissions.
      2. Do Not Contain Illegal or Harmful Content:Your letters must not include content that is illegal, obscene, defamatory, or otherwise harmful. This includes material that promotes illegal activities, violence, discrimination, or harassment.

    4. Support and Customization:We provide support for technical issues and general inquiries related to the Website. Support requests can be made through our contact form. Customization options are available as described on the Website. We are not liable for any issues arising from user customization beyond the standard features provided.

    5. Service Changes and Termination:We reserve the right to modify, suspend, or terminate the service at our discretion. Termination of your account will result in the loss of access to your letters. We may, at our discretion, provide a refund for any unused portion of the service period if the termination is initiated by us without cause. You may terminate your account by contacting us through our contact form. Upon termination, you will lose access to your letters and any other features associated with your account.

    6. User Content Review:We do not routinely review user-generated content, including letters. However, we reserve the right to review, edit, or remove any content that we, in our sole discretion, determine to be in violation of these Terms or harmful to the Website or its users. We may take action to enforce compliance with these Terms, including contacting you for clarification or removing content.

  3. FAIR USE POLICY
    1. Fair Use Guidelines:To ensure fair use and maintain service quality, the following guidelines apply:
      1. Quantity Limits:Users are expected to create and store a reasonable number of letters. We may implement limits based on factors such as storage capacity and performance. Excessive use may result in a review of your account or enforcement actions to ensure compliance with these guidelines.
      2. Size Limits:Each letter is limited to a maximum of 100,000 characters, including text and any attachments. Users will be notified if their letter exceeds this limit and may be required to reduce the content to comply with the guidelines.

    2. Monitoring Usage:We monitor user activity to enforce the Fair Use Policy. If we detect usage that significantly deviates from acceptable limits, we may:
      1. Impose Restrictions:Limit the number or size of letters a user can create or store. We will provide notice of any imposed restrictions and offer guidance on how to comply with the Fair Use Policy.
      2. Suspend or Terminate Accounts:Temporarily suspend or terminate accounts that consistently violate the Fair Use Policy. Users will be notified and given an opportunity to address the issue before final action is taken.

    3. Resolution and Appeals:Users who receive notifications of Fair Use Policy violations may appeal by contacting us through our contact form. Appeals will be reviewed on a case-by-case basis, and a resolution will be provided. Failure to comply with Fair Use Guidelines may result in account suspension or termination.

  4. PAYMENT AND ACCESS
    1. Payment Terms:The service is available for a one-time payment. Payments are processed securely through Stripe Inc. Upon successful payment, you will be granted access to the service. All fees are non-refundable except as required by law or in cases where the service is not delivered as described.

    2. Account Management:Upon payment, you will gain access to create and manage your letters. We reserve the right to suspend or terminate access if you breach these Terms or engage in prohibited conduct. We are not liable for any damages or losses resulting from access issues, including but not limited to service interruptions or unauthorized access.

    3. Data Security:We employ robust security measures, including encryption and secure servers, to protect your personal and payment information. You are responsible for securing your account credentials and reporting any unauthorized access or security concerns immediately.

    4. Data Backup and Recovery:We perform regular backups of stored data to minimize the risk of loss. However, we recommend that you maintain your own copies of important information. We are not liable for any data loss due to technical failures, service disruptions, or other unforeseen events.

    5. Refund Policy:We offer no refunds for the one-time payment service except as required by law or in cases where the service is not delivered as promised. Refund requests should be submitted in writing through our contact form, and each request will be evaluated individually.

  5. COOKIES
    1. Cookie Usage:We use cookies and similar tracking technologies to enhance user experience and analyze Website usage. Cookies help us:
      1. Remember Preferences:Store user preferences and settings for a personalized experience.
      2. Improve Performance:Analyze user interactions to improve Website functionality and content.
      3. Deliver Targeted Advertising:Monitor browsing behavior to provide relevant advertisements and promotions.

    2. Managing Cookies:You can manage cookie preferences through your browser settings. Disabling cookies may affect the Website’s functionality and user experience. For detailed instructions on managing cookies, refer to your browser’s help resources.

    3. Cookie Types:We use various types of cookies, including:
      1. Session Cookies:Temporary cookies that expire when you close your browser. They are used to manage user sessions and maintain login status.
      2. Persistent Cookies:Cookies that remain on your device for a specified period or until manually deleted. They help remember user preferences and login details.
      3. Third-Party Cookies:Cookies set by third parties for purposes such as analytics and advertising. These cookies are governed by the third parties' privacy policies, and we do not have control over their use.

    4. Cookie Consent:By using the Website and agreeing to our Terms and Conditions during the Sign-Up process, you consent to our use of certain cookies, including those necessary for functionality when you are logged in. These functional cookies will be stored without the need for a separate consent banner. You will still be presented with a cookie consent banner upon your first visit for managing other, non-essential cookie settings.

  6. LIABILITY
    1. Limitation of Liability:To the fullest extent permitted by law, mytestament.io, its affiliates, and their respective officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Website or inability to use the service, including but not limited to loss of data, profits, or goodwill.

    2. Service Disruptions:We are not liable for any damages resulting from service disruptions, including technical failures, network outages, or maintenance activities. We will make reasonable efforts to address disruptions and restore service promptly.

    3. Force Majeure:We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to natural disasters, acts of war, terrorism, pandemics, or other unforeseen events.

    4. Indemnification:You agree to indemnify, defend, and hold harmless mytestament.io, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or related to:
      1. Your Use of the Website:Any activities conducted under your account, including letter creation and storage.
      2. Content Violations:Any infringement or violation of third-party rights or legal obligations related to your letters.
      3. User Conduct:Any actions taken by you that violate these Terms or applicable laws.

  7. USER RESPONSIBILITIES AND CONDUCT
    1. Account Security:You are responsible for maintaining the confidentiality and security of your account credentials. This includes safeguarding your username, password, and any other login information. You agree to:
      1. Notify Us:Immediately notify us of any unauthorized use of your account or any other security breaches.
      2. Change Passwords:Change your passwords regularly and use strong, unique passwords to reduce the risk of unauthorized access.
      3. Not Share Credentials:Not share your account credentials with any third party or allow others to access your account.

    2. Prohibited Conduct:You agree not to engage in any of the following prohibited activities:
      1. Illegal Activities:Use the Website for any illegal or unlawful purposes, including but not limited to fraud, identity theft, or distribution of illegal content.
      2. Harmful Content:Post, transmit, or store content that is harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
      3. Impersonation:Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
      4. Malware:Introduce viruses, worms, or other malicious software or technology that may harm the Website or its users.

    3. Content Removal:We reserve the right to remove or disable access to any content that violates these Terms or is otherwise objectionable, at our sole discretion. This includes content that:
      1. Violates Intellectual Property Rights:Infringes on the intellectual property rights of others.
      2. Breaches Terms:Contravenes these Terms or our Acceptable Use Policy.

    4. Reporting Violations:You are encouraged to report any violations of these Terms or any other concerns regarding the Website to us using the contact information provided herein. We will investigate all reported issues and take appropriate action as needed.

  8. DATA PRIVACY AND PROTECTION
    1. Data Collection and Use:We collect and process personal data in accordance with applicable privacy laws. This includes:
      1. Personal Information:Information you provide directly, such as your name, contact details, and payment information.
      2. Usage Data:Information about your interactions with the Website, such as IP addresses, browser types, and usage patterns.

    2. Data Storage:Your personal data and letters are stored securely using industry-standard encryption and data protection practices. We retain your data for as long as necessary to fulfill the purpose for which it was collected or as required by law.

    3. Data Access and Control:You have the right to access, correct, or delete your personal data in accordance with applicable laws. You may:
      1. Request Access:Request a copy of your personal data we hold.
      2. Correct Information:Request corrections to inaccurate or incomplete data.
      3. Delete Data:Request the deletion of your personal data, subject to legal and contractual obligations.

    4. Data Sharing:We may share your data with third parties under the following circumstances:
      1. Service Providers:To third-party service providers who assist us in operating the Website, processing payments, or providing customer support.
      2. Legal Requirements:When required by law, regulation, or legal process, or to protect our rights or the rights of others.

    5. International Transfers:Your data may be transferred to and processed in jurisdictions outside your country of residence. We ensure that such transfers comply with applicable data protection laws and that adequate safeguards are in place to protect your data.

  9. THIRD-PARTY LINKS AND CONTENT
    1. Third-Party Links:The Website may contain links to third-party websites or resources. We are not responsible for the content, privacy practices, or activities of such third parties. Accessing third-party sites is at your own risk, and we encourage you to review their terms and privacy policies.

    2. Third-Party Content:The Website may display content provided by third parties. We do not endorse or warrant the accuracy, completeness, or legality of any third-party content. Any reliance on such content is at your own risk.

  10. USER FEEDBACK
    1. Feedback Submission:We welcome and encourage feedback about the Website. By submitting feedback, you grant us a perpetual, irrevocable, royalty-free license to use, reproduce, and incorporate your feedback into the Website or our services.

    2. Feedback Review:While we appreciate user feedback, we are not obligated to respond to or act on any feedback submitted. Feedback is provided voluntarily and is not considered confidential.

  11. GOVERNING LAW AND DISPUTE RESOLUTION
    1. Governing Law:These Terms shall be governed by and construed in accordance with the laws of Delaware, USA, without regard to its conflict of laws principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Delaware, USA.

    2. Dispute Resolution:Any disputes, claims, or controversies arising out of or related to these Terms or the Website shall be resolved through binding arbitration conducted by a single arbitrator in accordance with the rules of American Arbitration Association. The arbitration shall be conducted in Delaware, USA, and the decision of the arbitrator shall be final and binding.

    3. Class Action Waiver:You agree that any disputes or claims will be resolved on an individual basis and not through class, collective, or representative actions. You waive any right to participate in class actions or seek relief on behalf of others.

  12. CONTACT INFORMATION
    1. General Inquiries:For general questions or concerns regarding these Terms or the Website, please contact us through our contact form or at address: 1111B S Governors Ave STE 20950, Dover, DE 19904 US

    2. Legal Notices:Any legal notices or formal communications should be sent to:
      1. Legal Department:Use our contact form
      2. Address:1111B S Governors Ave STE 20950, Dover, DE 19904 US

  13. MISCELLANEOUS
    1. Severability:If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified or interpreted to the extent necessary to give effect to the parties' original intent.

    2. Entire Agreement:These Terms constitute the entire agreement between you and mytestament.io regarding the subject matter hereof and supersede all prior agreements and understandings, whether written or oral, relating to such subject matter.

    3. Waiver:No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Any waiver must be in writing and signed by an authorized representative of mytestament.io.

    4. Assignment:We may assign or transfer our rights and obligations under these Terms without restriction. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

Acceptance of Terms

By using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.