OnlyIfGone Terms of Service

Please read these Terms carefully before using OnlyIfGone.

1. Introduction

Welcome to OnlyIfGone. These Terms of Service (“Terms”) govern your access to and use of the OnlyIfGone mobile application, website, platform, features, and related services collectively referred to as the “Service”.

By creating an account, accessing, or using OnlyIfGone, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

2. What OnlyIfGone Does

OnlyIfGone is a digital legacy platform that allows users to upload and store messages, files, photos, videos, documents, and other digital content intended to be shared with selected people in the future.

The Service may allow users to designate recipients, trusted contacts, notifiers, verifiers, or other individuals who may participate in the future delivery process.

3. Eligibility

To use OnlyIfGone, you must be at least 18 years old or the age of legal majority in your jurisdiction, whichever is greater. By using the Service, you represent that you have the legal capacity to enter into these Terms.

4. Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You agree to provide accurate, complete, and current information. OnlyIfGone is not responsible for any issue, delay, failed delivery, incorrect delivery, or account problem caused by inaccurate or outdated information provided by you.

5. Your Content

You retain ownership of the content you upload to OnlyIfGone. By using the Service, you grant OnlyIfGone a limited, non-exclusive, worldwide license to store, host, process, reproduce, transmit, and display your content solely as necessary to operate, maintain, improve, and provide the Service.

You are solely responsible for the content you upload, store, configure, or send through the Service.

You agree not to upload or use the Service for content that:

• Is illegal, fraudulent, misleading, abusive, defamatory, threatening, or harmful;
• Violates the privacy, intellectual property, or other rights of any person;
• Contains malware, harmful code, or security threats;
• Encourages violence, harassment, exploitation, or unlawful conduct;
• May cause harm, distress, or confusion to recipients or third parties.

6. Delivery of Content

OnlyIfGone may allow you to configure future delivery of content based on certain conditions, signals, notifications, confirmations, or actions by designated contacts or third parties.

You understand and agree that OnlyIfGone does not and cannot guarantee that any content will be delivered at a specific time, to a specific person, or at all.

Delivery may fail, be delayed, be incomplete, or occur incorrectly due to many factors, including but not limited to:

• Incorrect contact information;
• Technical failures or service interruptions;
• Actions or omissions of notifiers, verifiers, recipients, or other third parties;
• Changes in third-party communication platforms;
• Legal, regulatory, security, or operational restrictions;
• Loss of access to an account, phone number, email address, or communication channel.

7. Notifiers, Verifiers, Recipients, and Third Parties

You may designate third parties to participate in the process of notifying, verifying, receiving, or accessing content.

You acknowledge that these individuals act independently and are not employees, agents, or representatives of OnlyIfGone. We do not control their actions, omissions, accuracy, reliability, intentions, or availability.

You are solely responsible for selecting appropriate trusted contacts and for informing them of their role where necessary.

8. No Verification Guarantee

OnlyIfGone may rely on confirmations, notifications, or information provided by users, trusted contacts, verifiers, notifiers, public sources, third-party systems, or other signals.

OnlyIfGone does not guarantee independent verification of death, incapacity, life events, identity, relationship, authority, or any real-world circumstance.

9. No Emergency or Critical Use

The Service is not designed for emergency communications, urgent instructions, critical medical information, financial instructions, legal notices, inheritance distribution, or any situation where failure or delay could cause harm.

You agree not to rely on OnlyIfGone as the only method for preserving or delivering important, legal, financial, medical, or time-sensitive information.

10. Storage, Backups, and Data Loss

We work to protect and preserve user content, but we do not guarantee permanent storage, uninterrupted access, or complete protection against data loss.

You are responsible for keeping your own backups of any important files, messages, documents, or information.

OnlyIfGone is not responsible for lost, corrupted, deleted, inaccessible, or unrecoverable content except where required by applicable law.

11. Service Availability

We may modify, suspend, restrict, discontinue, or terminate all or part of the Service at any time. We do not guarantee that the Service will always be available, error-free, secure, uninterrupted, or compatible with all devices, operating systems, networks, or platforms.

12. Payments and Fees

Some features may require payment. By purchasing a paid feature, you agree to the pricing, billing, and payment terms shown at the time of purchase.

Payments may be processed by third-party providers, app stores, or payment platforms. OnlyIfGone is not responsible for errors, delays, charges, failed transactions, or policies of third-party payment processors.

Unless required by law or expressly stated otherwise, payments are non-refundable.

13. Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, store, and protect information.

You can review our Privacy Policy at: https://onlyifgone.com/privacy

14. Security

We take reasonable measures to protect the Service and user content. However, no digital platform can be guaranteed to be completely secure.

You acknowledge that storing and transmitting information online involves inherent risks, including unauthorized access, technical failure, cyberattacks, or human error.

15. Prohibited Uses

You agree not to:

• Use the Service for unlawful, harmful, abusive, or deceptive purposes;
• Attempt to access accounts, systems, or data without authorization;
• Interfere with or disrupt the operation of the Service;
• Upload harmful code, malware, or malicious files;
• Impersonate another person or misrepresent your identity;
• Use the Service to harass, threaten, manipulate, or emotionally harm others;
• Use the Service in a way that creates legal risk for OnlyIfGone or other users.

16. Account Suspension or Termination

We may suspend, restrict, or terminate your access to the Service if we believe you have violated these Terms, created risk, misused the Service, or engaged in unlawful or harmful conduct.

You may stop using the Service at any time.

17. Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, OnlyIfGone makes no warranties, express or implied, regarding the Service, including but not limited to warranties of merchantability, fitness for a particular purpose, availability, accuracy, reliability, security, or non-infringement.

18. Limitation of Liability

To the maximum extent permitted by applicable law, OnlyIfGone, its owners, employees, contractors, partners, affiliates, and service providers shall not be liable for any indirect, incidental, special, consequential, emotional, reputational, financial, punitive, or exemplary damages.

This includes, without limitation, damages arising from:

• Failed, delayed, incomplete, incorrect, or premature delivery of content;
• Emotional distress or family disputes;
• Actions or omissions of notifiers, verifiers, recipients, or third parties;
• Loss of data, files, memories, documents, or access;
• Unauthorized access or security incidents;
• Service interruptions, errors, or shutdowns;
• Reliance on the Service for legal, medical, financial, emergency, or estate-related purposes.

To the maximum extent permitted by law, OnlyIfGone’s total liability for any claim shall not exceed the amount you paid to use the Service during the twelve months preceding the event giving rise to the claim, or USD $50, whichever is greater.

19. Indemnification

You agree to defend, indemnify, and hold harmless OnlyIfGone, its owners, employees, contractors, affiliates, partners, and service providers from and against any claims, damages, losses, liabilities, costs, and expenses arising from:

• Your use or misuse of the Service;
• Your content;
• Your violation of these Terms;
• Your violation of any law or third-party rights;
• Disputes involving your recipients, notifiers, verifiers, family members, heirs, representatives, or other third parties.

20. Changes to the Service

We may add, remove, update, modify, suspend, or discontinue features at any time. We are not responsible for any impact such changes may have on your content, delivery settings, account, or use of the Service.

21. Changes to These Terms

We may update these Terms from time to time. When we do, we may update the “Last Updated” date above. Continued use of the Service after changes become effective means you accept the updated Terms.

22. Governing Law

These Terms shall be governed by the laws of [Add jurisdiction], without regard to conflict of law principles.

23. Contact Us