Terms of Service

1. Acceptance of Terms

1.1 Binding Agreement

These Terms of Service ("Terms") constitute a legally binding contract between you ("User," "you," or "your") and My Last Word LLC, a Nevada limited-liability company ("My Last Word," "we," "us," or "our"). By accessing, browsing, creating an account on, or otherwise using any part of the website www.mylastword.net, mobile application, or related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy.

1.2 Capacity to Contract

By using the Service, you represent and warrant that you are at least eighteen (18) years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms. If you use the Service on behalf of another individual or entity, you represent that you have full authority to bind that individual or entity and that all references to "you" in these Terms include both that individual or entity and yourself.

1.3 Acceptance Through Use

Your continued access to or use of the Service constitutes acceptance of these Terms, whether or not you have expressly clicked "I Agree." If you do not accept every provision of these Terms, you must immediately discontinue all access to and use of the Service.

1.4 Electronic Communications and Signatures

You agree that any agreement, notice, disclosure, or other communication that we provide to you electronically satisfies any legal communication requirement, including that such communications be in writing. You consent to the use of electronic signatures and acknowledge that clicking "I Agree" or similar buttons constitutes your legally binding signature.

1.5 Supplemental Terms

Certain areas, features, or products offered through the Service may be subject to additional or separate terms and conditions ("Supplemental Terms"). Supplemental Terms are incorporated into and form part of these Terms. In the event of a conflict between these Terms and any Supplemental Terms, the Supplemental Terms will control solely with respect to the applicable Service or feature.

1.6 Updates and Modifications

We may revise or update these Terms at any time in our sole discretion. The most current version will always be posted on our website with a revised "Effective Date." You are responsible for reviewing the Terms periodically. Continued use of the Service after the effective date of changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must discontinue use of the Service.

1.7 Entire Agreement

These Terms, together with the Privacy Policy and any Supplemental Terms, constitute the entire agreement between you and My Last Word with respect to your use of the Service and supersede all prior or contemporaneous understandings, agreements, communications, and proposals, whether oral or written.

2. Description of Service

2.1 Overview

My Last Word is a secure, cloud-based digital-legacy management platform that allows users to create, store, and, upon verified death, automatically distribute encrypted digital content ("User Content") such as wills, trusts, personal messages, letters, photos, or videos (collectively, the "Service"). The Service is designed to simplify estate planning, document storage, and posthumous communication through automated verification and release systems.

2.2 Core Features

The Service may include, without limitation, the following capabilities:

• Document Generation: Guided templates for drafting wills, trusts, or related estate documents that comply with applicable state-specific formalities to the extent technically possible.
• Secure Vault Storage: AES-256–encrypted cloud storage hosted on SOC 2/ISO 27001-aligned infrastructure.
• Identity and Death Verification: Automated verification of a user's life status through the MicroBilt Developer Death Master File Validation API, or other approved government or private data sources.
• Blockchain Notarization: Optional blockchain-based proof of authenticity and timestamping for uploaded or generated files.
• Final-Message Delivery: Automated transmission of encrypted content to designated recipients after verified death, according to the parameters set by the user.
• Account Management: User dashboard for editing, downloading, or deleting stored materials, and managing recipient permissions.

2.3 Informational Purpose Only — Not Legal Advice

My Last Word is not a law firm, and its employees, contractors, and representatives are not acting as your attorneys.

• The Service is a document automation and storage platform, not a provider of individualized legal, financial, tax, or estate-planning advice.
• Any documents or templates generated by the Service are provided for informational and organizational purposes only and may not satisfy all formal legal requirements in every jurisdiction.
• You are encouraged to consult a licensed attorney before relying on any document created or stored through the Service for legal or estate-planning purposes.
• By using the Service, you acknowledge and agree that no attorney-client relationship is created between you and My Last Word LLC.

2.4 Technical and Functional Limitations

We continually improve and update the Service, but we do not guarantee that:

• The Service will meet your specific legal, technical, or estate-planning requirements.
• All state or international legal formalities for wills or trusts (such as witnessing, notarization, or filing) will be fully satisfied.
• Access to the Service will be uninterrupted, error-free, or completely secure from all potential threats.

2.5 Third-Party Integrations

To deliver certain features, the Service may integrate with or rely on third-party APIs, data sources, or service providers—including, without limitation, MicroBilt, DocuSign, Notarize, AWS, and blockchain networks. You acknowledge and agree that:

• Such third-party services are governed by their own terms and privacy policies.
• My Last Word is not responsible for the accuracy, reliability, or continued availability of any third-party systems or data feeds.
• We may add, remove, or modify integrations at any time without prior notice.

2.6 Beta Features and Updates

From time to time, we may offer new or experimental tools, dashboards, or features identified as "beta," "pilot," or "preview." These are provided as-is for evaluation purposes only and may contain errors or be discontinued at any time without liability.

2.7 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service, temporarily or permanently, with or without notice, at our sole discretion. My Last Word will not be liable for any modification, suspension, or discontinuation of the Service.

3. Eligibility

3.1 Age and Capacity Requirement

You must be at least eighteen (18) years old or the age of majority in your jurisdiction (whichever is greater) to create an account or use the Service. By accessing or using My Last Word, you represent and warrant that you have the full right, power, and legal capacity to enter into and comply with these Terms.

3.2 Residency and Jurisdiction

The Service is intended for users who reside within the United States of America. If you access the Service from outside the United States, you do so at your own risk and are solely responsible for compliance with local laws and regulations. We make no representations that the Service or its content are appropriate or legally available for use in any other jurisdiction.

3.3 Identity Verification

To maintain system integrity and enable verified death detection, you may be required to provide specific identifying information, which may include:

• Full legal name
• Date of birth
• Encrypted Social Security Number or equivalent identifier
• Valid email address and verified phone number
• Proof of identity (e.g., driver's license or government-issued ID)

By submitting this information, you authorize My Last Word to verify your identity through secure, third-party verification providers, including but not limited to MicroBilt, Auth0, or other KYC (Know Your Customer) compliant systems. You agree that My Last Word may retain encrypted verification data solely for compliance and service operation.

3.4 Prohibited Users

You may not use the Service if you:

• Are under 18 years of age.
• Are a resident of a country or region subject to U.S. export restrictions or sanctions.
• Have been previously suspended or terminated from the Service.
• Are prohibited by applicable law from entering into binding contracts or using online estate-planning tools.
• Are using the Service on behalf of another individual or entity without lawful authority or consent.

3.5 User Responsibility for Accuracy

You are solely responsible for ensuring that all information you provide to the Service is accurate, complete, and up to date. My Last Word is not responsible for delayed, failed, or incorrect message or document releases resulting from inaccurate or incomplete user data.

3.6 Account Ownership and Transfer Restrictions

Each account is personal to the individual who registers it. Accounts may not be sold, transferred, or assigned to any other person or entity, except as expressly permitted through My Last Word's verified executor or estate transfer protocol after a user's confirmed death.

3.7 Use by Legal Representatives

In limited cases, an authorized representative—such as a lawful executor, trustee, or attorney-in-fact—may be permitted to access or manage an account on behalf of a deceased or incapacitated user. Such access will require formal proof of authority (e.g., court order, power of attorney, or notarized estate documents) and compliance with all verification procedures established by My Last Word.

3.8 Right to Refuse Service

We reserve the right, at our sole discretion, to refuse registration, suspend access, or terminate any user account that violates these Terms, provides false information, or poses a security or reputational risk to the platform.

4. Account Registration and Security

To use certain features of the Service, you must create an account by providing accurate and complete registration information. You are solely responsible for:

• Safeguarding your login credentials and account security
• Using strong passwords and enabling multi-factor authentication (MFA)
• Notifying us immediately at security@mylastword.net if you suspect unauthorized access
• All actions taken under your account, whether authorized or not

My Last Word is not liable for loss or damage resulting from your failure to maintain adequate security. All user data is encrypted (AES-256) and stored in secure cloud infrastructure, though no system is entirely immune from breach.

5. Subscription and Payments

5.1 Subscription Plans

5.2 Billing and Auto-Renewal

All paid Plans operate on a monthly recurring subscription basis. By subscribing, you authorize automatic charges to your payment method. Your subscription continues until cancelled. No prorated refunds will be issued for unused time.

5.3 Payment Methods

Payments are processed through secure third-party providers (e.g., Stripe, PayPal). You represent that you are authorized to use the provided payment method and agree to maintain valid, current billing information.

5.4 No Refund Policy

All payments to My Last Word are final and non-refundable, except where required by law. If you believe a charge is unauthorized or made in error, you must notify billing@mylastword.net within 30 calendar days.

5.5 Data Retention After Cancellation

If your subscription is cancelled or payment fails, your account will automatically downgrade to the Free Plan. All paid-tier data will be securely retained for up to twelve (12) months. After 12 months of nonpayment, all content except your primary free-tier message may be permanently deleted.

6. Death Verification and Release Triggers

By registering an Account, you expressly authorize My Last Word to collect, encrypt, and periodically verify your identity against official death-record databases (primarily MicroBilt's Death Master File Validation API). When a verified death match is confirmed, your account will be locked and designated messages will be automatically released to your specified recipients.

You acknowledge that death-record databases may contain errors or delays. My Last Word is not liable for inaccurate verifications, false positives/negatives, or any damages resulting from automated or delayed message releases.

7. Data Security and Privacy

We implement industry-standard security measures including AES-256 encryption, TLS 1.2+, multi-factor authentication, and SOC 2/ISO 27001-aligned practices. All sensitive data is encrypted at rest and in transit. Our collection, use, and disclosure of personal data are governed by our Privacy Policy.

While we employ commercially reasonable safeguards, you acknowledge that no internet system is 100% secure. You are responsible for maintaining device security and immediately notifying security@mylastword.net of any suspected unauthorized access.

8. User Content and Ownership

You retain full ownership of all content you upload or create ("User Content"). By storing content on the platform, you grant us a limited license to encrypt, store, back up, and transmit your content solely for providing the Service. We treat all User Content as confidential.

You are solely responsible for the accuracy and legality of your User Content. You represent that you have all necessary rights and that your content does not infringe upon any third-party rights or violate applicable law.

9. Service Availability and Termination

We strive for continuous operation but do not guarantee uninterrupted access. Temporary outages may occur for maintenance, updates, or unforeseen issues. We may modify or discontinue any aspect of the Service at our sole discretion.

You may cancel your subscription at any time. We may suspend or terminate your account if you violate these Terms, provide false information, or engage in fraudulent activity. Upon termination, your access ceases immediately and data will be handled according to our retention policy.

10. Disclaimer of Warranties

We disclaim all warranties including merchantability, fitness for a particular purpose, and non-infringement. You use the Service entirely at your own risk.

11. Limitation of Liability

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data loss, emotional distress, or message delivery failures—even if we were advised of the possibility of such damages.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to conflict-of-laws principles. Any judicial proceedings shall be brought exclusively in the state or federal courts located in Clark County, Nevada, and you irrevocably submit to the jurisdiction of those courts.

13. Changes to Terms

We may amend these Terms at any time. Material changes will be communicated via email or in-app notification. Your continued use after changes take effect constitutes acceptance of the updated Terms. If you do not agree, you must discontinue use of the Service.

14. Dispute Resolution and Arbitration

By agreeing to arbitration, both parties expressly waive any right to a trial by judge or jury. This arbitration agreement is governed by the Federal Arbitration Act.

15. Indemnification

You agree to defend, indemnify, and hold harmless My Last Word LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:

• Your use of the Service
• Content you upload or transmit
• Your violation of these Terms or applicable law
• Any third-party claim that your content infringes their rights
• Disputes among heirs or recipients arising from message releases

16. Miscellaneous

Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and My Last Word.

No Waiver: Our failure to enforce any provision shall not constitute a waiver.

Assignment: You may not assign these Terms. We may freely assign our rights in connection with a merger or sale.

Severability: If any provision is held invalid, the remaining provisions continue in effect.

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