Please read these Terms carefully. They govern your access to and use of the OnlyIfGone mobile application, website, and related digital legacy services (collectively, the "Service"). By creating an account, purchasing a legacy, uploading content, or otherwise using the Service, you agree to these Terms and our Privacy Policy.
OnlyIfGone is a digital delivery service. It is not a will, trust, executor, fiduciary, notary, attorney, insurer, medical service, emergency service, or official authority, and it does not make a legally binding declaration of death.
1. Who May Use the Service
You must be at least 18 years old and legally able to enter into a contract. You may use the Service only for yourself unless you have documented legal authority to act for another person. You must provide accurate information and keep your account and contact details current.
2. Accounts and Security
You are responsible for safeguarding your login credentials and for activity performed through your account. Notify us promptly at hi@onlyifgone.com if you suspect unauthorized access. We may request information reasonably necessary to confirm identity, prevent fraud, or protect an account.
3. Digital Legacies and Contact Roles
The Service allows you to create a digital legacy, upload files or messages, and appoint contacts as notifiers, verifiers, and recipients. A notifier may report your death, a verifier may be asked to confirm the report, and a recipient may receive the content you designated after our verification process.
You authorize us to contact the people you designate for these purposes. You represent that you have lawfully obtained and supplied their contact information, that your instructions do not violate their rights, and that you will keep their information accurate. A contact may decline to participate or ask us to stop contacting them, subject to our legal obligations and legitimate fraud-prevention needs.
4. Death Notification and Verification
A notification alone does not require us to release a legacy. Before release, OnlyIfGone will use commercially reasonable efforts, safeguards, and the information reasonably available to verify that the account holder has died and that the release conditions have been satisfied.
Depending on the circumstances, verification may include contacting one or more notifiers or verifiers, attempting to contact the account holder, checking consistency among submitted answers, and requesting or consulting reliable supporting evidence such as a death certificate, official or public record, obituary, funeral notice, identity document, or other information we consider appropriate and lawful.
We may pause, extend, reject, or reopen a verification; request additional evidence; or refuse delivery where information is incomplete, inconsistent, disputed, suspicious, or legally restricted. We may also refer suspected fraud or unlawful conduct to the appropriate authorities.
No verification method is infallible. We will do everything reasonably within our reach to avoid an incorrect release, but we cannot guarantee that every record, document, statement, or third-party source is complete, authentic, current, or error-free. You acknowledge the possibility of delay, inability to verify, false reports, mistaken identity, fraud, or other human or technical error. Nothing in this section excludes liability that cannot lawfully be excluded.
5. Delivery and Its Consequences
Once we reasonably determine that the applicable conditions are met, we may provide designated recipients with access to the relevant content or release a public legacy according to your instructions. Delivery may occur by email, message, secure link, or another reasonable method.
After content has been delivered, downloaded, copied, forwarded, or made public, it may be impossible to retrieve or delete every copy. OnlyIfGone does not control a recipient's device or later use of lawfully delivered content. You are responsible for selecting trustworthy contacts and reviewing your instructions before release.
6. Not a Substitute for Estate Planning
The Service is intended for personal digital messages and files. It is not designed to transfer ownership of money, securities, real property, regulated assets, account credentials, or legal title, and it should not be used as the sole place for time-sensitive instructions, encryption keys, passwords, medical directives, or emergency information. If you want instructions to have legal effect, consult a qualified professional and use the legally required instrument in your jurisdiction.
7. Your Content and Permissions
You retain ownership of content you upload. You grant OnlyIfGone a limited, worldwide, non-exclusive license to host, store, reproduce, process, secure, transmit, and display that content only as reasonably necessary to operate, protect, improve, and provide the Service, comply with your delivery instructions, or meet legal obligations.
You represent that you own or have all permissions needed for your content and its intended delivery. You must not upload content that infringes intellectual property, privacy, confidentiality, image, publicity, contractual, or other rights.
8. Prohibited Uses and Content
You may not use the Service to upload, store, threaten, coordinate, or distribute content that is unlawful, fraudulent, abusive, defamatory, exploitative, malicious, sexually exploits minors, promotes violence or self-harm, contains malware, violates another person's privacy, or facilitates unauthorized access to systems or accounts. You may not impersonate another person, submit a false death report, manipulate verification, probe the Service for vulnerabilities, or interfere with its operation.
We may preserve, restrict, remove, or report content or activity when reasonably necessary to protect people, prevent misuse, comply with law, or enforce these Terms.
9. Storage, Availability, and Backups
We use reasonable technical and organizational measures to operate and protect the Service, but no storage or communication system is completely secure or continuously available. Maintenance, provider failures, cyberattacks, legal orders, network conditions, force majeure events, or changes in technology may cause interruption, delay, corruption, or loss.
Keep your own backup of important content. The Service must not be your only copy. Any file, size, format, retention, or account limits shown in the app form part of these Terms.
10. Purchases, Billing, Cancellation, and Refunds
Prices, taxes, included features, duration, and whether a purchase is one-time or recurring will be disclosed before purchase. Payments made through Apple App Store, Google Play, or another authorized processor are also governed by that provider's payment, cancellation, and refund rules. We do not store full payment-card details.
Refunds and cancellations are handled according to the purchase channel, the offer shown at checkout, and mandatory consumer law. Nothing in these Terms limits a refund, cancellation, withdrawal, warranty, or other consumer right that cannot lawfully be waived.
11. Privacy
Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information. By providing contact information or evidence during verification, you confirm that you are authorized to provide it. We may retain verification records for as long as reasonably necessary to prevent fraud, document a release decision, resolve disputes, and comply with law, subject to the Privacy Policy.
12. Third-Party Services
The Service may depend on or link to third-party services such as authentication, cloud storage, messaging, payment, app-store, or public-record providers. Their own terms and privacy practices apply. We are not responsible for third-party acts or services, except where applicable law provides otherwise.
13. OnlyIfGone Intellectual Property
The Service, brand, software, interface, graphics, and documentation are owned by or licensed to OnlyIfGone and are protected by applicable laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the app for its intended personal purpose. You may not copy, sell, sublicense, reverse engineer, or exploit the Service except as permitted by law.
14. Suspension, Closure, and Content Removal
You may stop using the Service and request account deletion through available account or support channels. We may suspend or terminate access where reasonably necessary for security, nonpayment, prolonged inactivity where disclosed, violation of these Terms, legal compliance, or discontinuation of the Service. Where reasonably possible, we will provide notice and an opportunity to export or correct affected content, unless doing so would create risk or violate law.
Account closure or deletion may be delayed after a death report, delivery dispute, fraud report, payment dispute, preservation request, or legal obligation. Some records may remain in backups or be retained as described in the Privacy Policy.
15. Service Disclaimer
To the maximum extent permitted by law, the Service is provided "as is" and "as available." We do not guarantee uninterrupted operation, permanent storage, successful contact with every person, acceptance by a recipient, a particular delivery time, or an error-free death determination. These limitations do not exclude any express commitment we make at checkout or any warranty, duty, or consumer protection that cannot lawfully be excluded.
16. Limitation of Liability
To the maximum extent permitted by law, OnlyIfGone will not be liable for indirect, incidental, special, punitive, or consequential loss, or for loss caused by inaccurate information supplied by a user or third party, a recipient's conduct after delivery, or events outside our reasonable control. To the extent a monetary cap is lawful, our aggregate liability arising from the affected paid legacy will not exceed the amount you paid for that legacy.
The exclusions and cap do not apply where prohibited by law, including liability arising from fraud, willful misconduct, gross negligence, personal injury, or mandatory consumer rights. Some jurisdictions do not allow certain limitations, so they may not apply to you.
17. Your Responsibility for Claims
To the extent permitted by law, you agree to be responsible for third-party claims caused by your unlawful content, false statements, lack of required permissions, fraudulent death report, misuse of the Service, or material breach of these Terms. We will provide reasonable notice of a covered claim and allow reasonable participation in its defense. This section does not require a consumer to waive non-waivable rights.
18. Changes to the Service or These Terms
We may update the Service and these Terms. Material changes will be communicated by a reasonable method and will apply prospectively from the stated effective date, except where an immediate change is required for security, fraud prevention, or law. If you do not agree, you may stop using the Service and exercise any cancellation or deletion rights available to you.
19. Applicable Law and Disputes
These Terms are governed by the laws applicable to the operator of OnlyIfGone, without depriving you of mandatory protections available in your place of residence. Any dispute may be brought before the courts or consumer authorities that have jurisdiction under applicable law. Before filing a claim, we encourage you to contact us so we can try to resolve it, but this does not limit any legal deadline or right to seek relief.
20. General Terms
If a provision is unenforceable, it will be limited or removed only to the extent necessary, and the remainder will continue in effect. Our failure to enforce a provision is not a waiver. You may not transfer your account or these Terms without our consent; we may transfer them as part of a merger, reorganization, sale, or lawful business succession, subject to applicable law. These Terms, the Privacy Policy, and the purchase disclosures form the agreement concerning the Service.
21. Contact
Questions, complaints, or legal notices may be sent to hi@onlyifgone.com or through our Support page.
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