Last Message - Terms of Use

1. Acceptance of Terms

By downloading, installing or using the Last Message application ("the Service"), you agree to be bound by these Terms of Use. If you do not agree to these terms, do not use the Service.

2. Description of Service and Important Notice

2.1 Service Advisory

Last Message is designed as a supplementary tool for delivering final messages to loved ones. While we strive to provide a reliable service at an accessible price point, we strongly recommend:

  • Not relying solely on our service for critical message delivery,
  • Having alternative arrangements for important information,
  • Considering our service as part of a broader estate planning strategy,
  • Discussing your arrangements with trusted individuals.

2.2 Service Description

Last Message is a message delivery service that allows users to create messages for future delivery based on user inactivity. The Service makes no guarantees regarding:

  • Actual verification of user status,
  • Timely delivery of messages,
  • Continuous availability of the Service,
  • Prevention of unauthorized access to messages.

3. User Representations

By using the Service, you represent and warrant that:

  • You are at least 18 years old,
  • You have the right to share any information included in your messages,
  • All information you provide is accurate and current,
  • You will maintain the confidentiality of your account credentials.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

4.1. The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied.

4.2. We shall not be liable for:

  • Premature or delayed message delivery,
  • Message delivery failures,
  • Unauthorized access to messages,
  • Data loss or corruption,
  • Service interruptions or unavailability,
  • Any direct, indirect, incidental, special, consequential, or punitive damages,
  • Any losses resulting from password hint misinterpretation,
  • Accuracy of user status determination,
  • Any outcomes resulting from message content.

4.3. Our total liability for any claims shall not exceed the amount paid by you for the Service in the past 12 months.

5. Protection and Cooperation

5.1. To ensure the security and proper functioning of the Service, you agree to cooperate with Last Message in the event of any claims or disputes arising from:

  • Your use of the Service,
  • Failure to comply with these Terms,
  • Violation of third-party rights,
  • The content of your messages,
  • Issues related to the timing of message delivery.

5.2. We strive together to resolve any misunderstandings in a manner that is fair to both parties. Last Message endeavors to minimize risks and resolve disputes in a cooperative manner; however, should any claims arise, you may be required to indemnify and hold harmless Last Message and its directors from any resulting losses and expenses, including reasonable legal fees.

6. Message Content and Prohibited Uses

6.1. You are solely responsible for your messages' content.

6.2. Prohibited content includes but is not limited to:

  • Illegal activities or instructions,
  • Harmful or malicious content,
  • False or misleading information,
  • Content that violates others' rights,
  • Hate speech or discriminatory content.

6.3. We reserve the right to:

  • Review message content if legally required,
  • Delete any content violating these terms.

7. Service Modifications

We reserve the right to:

  • Modify or discontinue any part of the Service,
  • Change pricing with 60 days notice for active subscriptions,
  • Update these Terms of Use,
  • Implement new features or restrictions.

8. Account Termination

8.1. You may terminate your account at any time.

8.2. We may terminate or suspend your account:

  • For Terms violations,
  • For suspected fraudulent activity,
  • Without prior notice.

9. Data Security

9.1. While we implement reasonable security measures:

  • We cannot guarantee absolute security,
  • You assume the risk of unauthorized access,
  • We are not liable for security breaches.

9.2. You are responsible for:

  • Maintaining password security,
  • Protecting password hints,
  • Ensuring recipient email accuracy,
  • Using our provided encryption features for all sensitive messages. We strongly encourage all users to utilize our open-source encryption features for message content. Even in the unlikely event of a data breach, properly encrypted messages will remain secure and inaccessible to unauthorized parties. Failing to encrypt your messages may result in content being exposed in the event of a security incident.

10. Payment Terms

10.1. Premium features require payment.

10.2. Refund Policy:

  • Refunds may be provided at our discretion for service issues,
  • Maximum refund amount is limited to the total amount paid by the user,
  • Refund requests must be submitted within 30 days of the issue,
  • Processing time for refunds may take up to 14 business days.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Polans, without regard to its conflict of law provisions.

12. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.

13. Entire Agreement

These Terms constitute the entire agreement between you and Last Message regarding the Service.

14. Contact Information

For questions about these Terms, support@lastmessage.net.

Last updated: 1st February 2025

By using Last Message, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.