Terms and Conditions of Wills.com

1. Introduction

Hello,

I'm Vincent Hoonings, the founder and CEO of Wills Inc. I wanted to take a moment to personally welcome you to Wills.com.

The journey to creating this app has been deeply personal for me. In 2014, I lost my father, a moment that fundamentally changed my perspective on life and death. The grief, the confusion, and the feeling of being unprepared were emotions I hadn't truly understood until then. I realized that grief is something that touches all of us at some point, and it can be incredibly challenging.

What made it even harder was the absence of a will or any final communication from my father. It left me and my family with so many questions and emotions that we couldn't address. It was during this time that the idea for the Wills app was born.

I wanted to create a tool that could help people around the world communicate their love, their final wishes, and their legacies to their families and loved ones. I hoped that this would not only bring solace to those creating these messages but also offer a source of comfort to the recipients during the grieving process.

This app isn't just a piece of technology. It's a testament to the power of human connection and the enduring bonds that unite us. It's built with deep respect for the human experience and the challenges we all face. Our aim is that the Wills app will stand as a support system during life's most trying times.

So, welcome to Wills, and thank you for entrusting us with your most precious memories and messages.

Kind regards,

Vincent Hoonings

CEO, Wills Inc.DBA Wills.com

4. Subscription and Payment

Premium Features

Access to Premium Features: In order to unlock and utilize the premium features offered by the Wills App, you must have an active paid subscription. These premium features include the ability to schedule mementos, record and upload videos, and securely store important documents within the app.

Subscription Fees

Responsibility for Subscription Fees: Users are entirely responsible for the payment of subscription fees associated with their use of the App. The subscription fee ensures access to premium services, and it is the user's obligation to maintain timely payments.

Fee Changes

Changes in Fees: Please note that Wills Inc. reserves the right to modify subscription fees at its discretion. These changes may be implemented at any time. Prior to the new fees taking effect, users will receive advance notification to ensure full transparency and awareness.

Account Suspension and Termination

Account Consequences: Failure to adhere to the terms and conditions specified in our Privacy Policy and these Terms may result in the suspension or termination of your account. In such cases, any recorded content may be permanently deleted, resulting in the loss of your cherished memories.

Storage of Legal Documents

In the event you have created, uploaded, and stored essential legal documents, such as your last will and testament, within the Wills App, Wills Inc. is committed to maintaining these documents for future reference. This measure ensures compliance with legal requirements in specific countries or territories. However, access to these documents may only be granted through a court order, power of attorney, or by the designated recipient and/or estate executor, who must provide suitable identification.

Asset Delivery

Delivery Commitment: Wills Inc. is dedicated to delivering the scheduled assets, such as videos, gifts, and important documents, even in cases where subscription payments are outstanding at the time of the service trigger. Our commitment is to ensure the fulfillment of your wishes to your loved ones and designated recipients. This means that your legacy is safeguarded, and the recipients will receive their scheduled deliverables according to your preferences.

5. Intellectual Property

Ownership of Content

Content Ownership: The Wills App upholds a strong commitment to respecting your rights as a user. Any content created by the user within their respective account is unequivocally owned by the creator (the user) and their designated recipient(s). This encompasses content in various formats, whether video, images, files, or any other form, all of which are subjected to robust end-to-end encryption. This means that your personal content remains entirely private and inaccessible to our technical team. Only the designated recipient(s) designated by the creator (user) can access and view these deliverables.

Transfer Rights

Transfer Rights: However, in order to facilitate the delivery of these intimate and personal communications, the user grants the Company, as well as its underlying technological systems and algorithms, the necessary rights to transmit and deliver the content to the designated recipient(s). This is a pivotal function that allows for the purposeful sharing of your heartfelt messages.

Our Content Ownership

Content Ownership: Our proprietary content, copyrights, and brands are safeguarded under our exclusive ownership. It is essential to distinguish between these two categories of content: that which is user-created for the eyes of the creator and the recipient, and that which belongs to Wills Inc. As a user, your content, messages, and personal stories are yours alone, sharing them with those you designate.

Use Restrictions

Use Restrictions: The terms governing your use of the App are designed to protect both your own intellectual property and the content offered on the platform. Users are explicitly prohibited from engaging in activities that would infringe upon the intellectual property rights of Wills Inc., including hacking, reverse engineering, or any attempts to access the proprietary technology or code of the App.

Furthermore, users must refrain from using the App to create, distribute, or store materials that would infringe upon the intellectual property rights of others or violate any applicable laws or regulations. Any breach of these terms could lead to account suspension or termination, and in extreme cases, legal action may be initiated. Our mission is to provide a secure and respectful platform for conveying love and personal values to your designated recipients. We highly value your respect for the intellectual property rights of others and sincerely appreciate your cooperation in adhering to these policies. We are unwavering in our commitment to preserving the integrity of the Wills App and its content, ensuring a positive and enriching experience for all users.

6. Memento Delivery and User Data Access

User Data Access

We understand the importance of providing users access to their data. When a user is active and in control of their account, they have full access to their mementos and the information stored on the App.

Rights and Asset Transfer

Upon the occurrence of an inactivity trigger, such as the user's extended absence, the rights to the mementos and assets stored on the App shift to the designated recipients. This transfer of assets is a crucial part of the service, ensuring that your heartfelt messages and valuable possessions find their way to your chosen recipients.

7. License for Memento Processing

Granting Permission for Memento Handling

By using the App, you grant us the rights and permissions necessary for the secure handling of your mementos. This includes the right to process and manage your mementos to facilitate their delivery to your chosen recipients. We take this responsibility seriously and are committed to executing your wishes with the utmost care.

Posthumous Delivery and Inactivity Trigger

Our Best Effort in Delivery

We strive to fulfill your wishes for posthumous delivery with diligence and care. However, it's essential to understand that certain circumstances may affect this process. If, for instance, the user provided incorrect or outdated delivery information, such as an invalid email address, phone number, or postal address, we may still make efforts to deliver the mementos. However, we are under no obligation to ensure the delivery's success in such situations.

External Factors and Force Majeure

Please be aware that there are external factors and unforeseeable events, often beyond our control, which may affect our ability to complete the delivery. In the event of force majeure or other unavoidable circumstances, we cannot guarantee the successful delivery of mementos. While we make every effort to overcome these challenges, our commitment is to try our best.

Termination of Subscription

Continued Efforts in Delivery

Even in the event of a subscription lapse or termination, we remain dedicated to delivering your previously scheduled mementos to their designated recipients. Our commitment to fulfilling your intentions remains unwavering. However, it's important to note that subscription termination may result in the loss of access to the premium features of the App.

We aim to provide a reliable and respectful platform for conveying your love and personal values to your chosen recipients, working diligently to maintain the integrity of the Wills App and its content. Please recognize that while we strive to fulfill your posthumous delivery wishes, certain conditions may influence the outcome, and our commitment is to make our best efforts in delivering your heartfelt messages and assets.

8. Legal Validity of video Mementos and other Deliverables in video or image content

Clarification of video Mementos as Ethical Wills

We want to provide clear and essential information regarding the legal standing of mementos created on our platform. While mementos, such as videos conveying final wishes, hold immense emotional value and provide a heartfelt means of conveying your love and personal values, it's vital to understand that to the best of our knowledge, they are not recognized as valid last wills and testaments in any known legal jurisdiction around the world.

Varying Legal Requirements

Legal requirements for valid wills vary significantly from one country, state, or jurisdiction to another. While some places may require a document to be executed in the presence of witnesses or notaries, others may have different prerequisites. We emphasize that creating a legally valid will typically entails a formal legal process. As a company, we assume no responsibility for the misuse of our platform for creating such documents. Instead, we strongly recommend consulting with a qualified attorney or legal service to create a legally valid last will and testament in accordance with the specific laws in your region.

Not a Legally Binding Will

It's crucial to recognize that an ethical will, like those created on our platform, serves the purpose of conveying well wishes, personal values, and sentiments to your designated recipients. However, it is not intended to serve as a legally binding will for the transfer of taxable or other assets. These distinctions underscore the importance of consulting with legal professionals when it comes to matters of legal and financial significance. We place strong emphasis on these points to ensure that users have a clear understanding of the nature and limitations of mementos created on our platform. While we aim to facilitate the heartfelt conveyance of personal values, we underscore the necessity of consulting legal experts for formal legal documentation and financial matters.

9. Limited Liability

Disclaimers

At Wills Inc., we hold our users' well-being and experience in the highest regard. However, it's vital to understand that our platform, services, and content are provided on an "as is" and "as available" basis. We offer no warranties, express or implied, regarding the accuracy, reliability, availability, or suitability of the App or the services, products, or content offered within. It's essential to acknowledge the following disclaimers:

a. No Warranty of Service

We make no warranty that our services will be uninterrupted, secure, or error-free. There may be occasions when access to our platform is temporarily unavailable or experiences technical glitches. We cannot guarantee the continuous availability and accessibility of the App.

b. User Responsibility

Users are responsible for the content they create, store, and share on the platform. This includes mementos, videos, messages, and any information uploaded to the App. We are not liable for the accuracy, legality, or appropriateness of this content.

c. No Legal or Tax Advice

We are not authorized or qualified to provide legal, tax, or financial advice. Content on our platform is not a substitute for professional guidance. Users should consult with legal and financial professionals to address specific legal and financial concerns.

Limitation of Liability

Understanding the limitations of our liability is crucial, as it helps protect both users and the company from misconceptions and potential misuse:

a. User Misinterpretation

While we strive to provide a secure and respectful platform for conveying love and personal values, it is essential to acknowledge that user-generated content, including mementos, should not be misconstrued as legally valid wills or financial documents. The content shared through our platform is designed for conveying emotions, sentiments, and personal values, not for handling legal, tax, or financial matters.

b. No Responsibility for User Misuse

Wills Inc. bears no responsibility for the misuse of the platform or any content created or stored within it. Users must adhere to all applicable laws and regulations when utilizing the App. If a user misuses the platform for illegal, harmful, or infringing activities, they are solely accountable for their actions.

c. External Circumstances

We are not liable for circumstances beyond our control that may impact the platform's functionality or content delivery. This includes, but is not limited to, natural disasters, internet disruptions, or any external events that affect the App's operation.

d. Privacy and Security

Wills Inc. follows rigorous privacy and security measures to safeguard user data. However, no system is entirely immune to security breaches. We will not be held liable for data breaches or unauthorized access beyond our reasonable control.

e. Limited Financial Liability

Our liability for damages, whether direct, indirect, incidental, special, consequential, or punitive, is explicitly limited. In no event shall Wills Inc.'s total liability to users exceed the amount paid by the user for the App.

By acknowledging these disclaimers and limitations of liability, we aim to establish a transparent and respectful relationship with our users. Our mission is to provide a secure platform for the conveyance of personal values and emotions, but we encourage users to seek professional guidance for legal, financial, and tax matters. Ultimately, we prioritize the well-being and satisfaction of our users and appreciate their cooperation in adhering to these guidelines.

10. Governing Law and Jurisdiction

Applicable Laws

As a global platform for the distribution of memories, the purchase and delivery of gifts, and the preservation of love and personal values, the Wills App is accessible worldwide. While we make every effort to comply with the laws and regulations of various countries, it's crucial to understand that legal requirements and standards can vary significantly from one jurisdiction to another.

a. User Responsibility

Users accessing the Wills App from different parts of the world must be aware of their respective country's laws and regulations governing the creation and distribution of content, the conveyance of emotions and personal values, and the delivery of assets and gifts. It is the sole responsibility of the user to inform themselves about the legal requirements and obligations in their region, and to ensure their use of the App complies with applicable laws.

b. Recognition of Global Variations

It's important to acknowledge that the legal recognition of digital content, asset distribution, and emotional conveyance can vary widely across countries and regions. In some jurisdictions, specific legal frameworks may exist for the recognition of digital wills, while in others, such legal concepts may not be established.

Dispute Resolution

Under the Laws of California

In the event of any dispute or legal matter arising from the use of the Wills App or any services provided therein, these disputes shall be governed by the laws of the United States and the State of California. This choice of law and jurisdiction is made for the benefit of Wills Inc. as the service provider.

a. Venue

Any legal action, arbitration, or dispute resolution process shall take place in the appropriate state or federal court located within the State of California. Users who choose to access our services from other jurisdictions do so on their initiative and are responsible for compliance with local laws.

b. Legal Applicability

This choice of governing law and jurisdiction is made to facilitate the management of disputes and legal matters related to the App and services provided by Wills Inc. It is essential to acknowledge that it may not align with the legal requirements of all users' home countries.

By using the Wills App, users acknowledge the global nature of the platform and agree to adhere to the legal standards of their respective jurisdictions. We prioritize the lawful and respectful use of our platform and encourage users to seek legal advice when there is uncertainty about how local laws may apply to their use of the App.

11. Changes to Terms and Conditions

Revision Process

At Wills Inc., we are committed to providing a secure and enriching platform for the communication of love and personal values to your designated recipients. To ensure that our services are up to date and aligned with the evolving needs of our users and any changes in applicable laws, we may need to revise these Terms and Conditions.

a. Ongoing Review

We continuously review our Terms and Conditions to guarantee they remain accurate, comprehensive, and respectful of your rights as a user. Any proposed revisions are carefully considered and made with the intention of improving your experience on our platform.

b. Notification of Revisions

Whenever changes to these Terms and Conditions are deemed necessary, we will update the "Last Updated" date at the beginning of this document to reflect the modification date. We are dedicated to transparency in this process.

c. Notice to Users

Upon revising these Terms, we will provide notice of the updates through our platform, including the App and our website. We may also contact users directly through the email addresses associated with their accounts to ensure awareness of the changes.

User's Agreement to Updated Terms

The revised Terms and Conditions will come into effect once they are posted, and your continued use of the Wills App constitutes your agreement to these updates. We encourage all users to review the Terms and Conditions periodically to stay informed about any changes. We understand that you trust us with your cherished memories and valued personal values, and we are committed to maintaining the integrity and security of our platform. Your compliance with the revised Terms is highly appreciated as we work together to make the Wills App a positive and enriching experience for all.

12. Termination

At Wills Inc., we strive to offer a platform that respects the individuality and values of our users. However, there might be circumstances where account termination becomes necessary. This section outlines the scenarios under which either the Company or the User may choose to terminate their association with the Wills App.

a. Account Termination by the Company

While we aim to maintain positive and respectful interactions within our community, there may be instances where account termination by the Company becomes necessary. These situations include but are not limited to:

Breach of Terms and Conditions: If a user violates any of the terms outlined in these Terms and Conditions or our Privacy Policy, their account may be subject to termination.

Violations of Applicable Laws: If a user's actions on the Wills App contravene local or international laws and regulations, we may be obliged to terminate their account.

Abuse or Harassment: We are committed to ensuring that all users feel safe and respected while using the Wills App. Accounts that engage in harassment or abuse of others may face termination.

Technical Misuse: Any attempts to hack, reverse engineer, or manipulate the technology, code, or security systems of the App may result in account termination.

b. Termination by the User

We respect the autonomy and preferences of our users. Thus, a user may choose to terminate their account at any time. We offer a straightforward process for account deactivation, which can be accessed through the App settings. Upon termination by the user:

Deletion of User Content: All content created and stored by the user will be deleted from the App.

Delivery of Scheduled Mementos: Any mementos scheduled for delivery to designated recipients will still be delivered, as long as the user's subscription has been maintained up to the point of delivery.

Loss of Premium Features: Upon termination, the user will no longer have access to the premium features of the App.

Please note that any mementos created by the user and delivered posthumously will continue to be delivered as long as their contact information remains accurate and up to date.

We value the trust and interaction of our users and encourage open communication should any issues or concerns arise. Our goal is to provide a secure and respectful platform for users to communicate love, personal values, and cherished memories to their designated recipients.

13. E-commerce Goods and Product Deliveries

Our e-commerce store, an integral part of the Wills App, offers users the opportunity to purchase gifts, consumer goods, flowers, and other products to be delivered to their designated recipients at various specified times, such as upon the user's inactivity trigger, on a specific delivery date, or at intervals like anniversaries. We take great care to present our products with detailed descriptions and images, and we endeavor to fulfill your orders to the best of our ability.

Product Matching and Descriptions

While we strive to match the products' descriptions, images, and quality, please understand that the exact product may occasionally differ due to factors beyond our control. This variance can occur due to product availability, supplier changes, or other unforeseen circumstances. As such, our company cannot be held liable if the product delivered is not an exact match in terms of brand, function, or aesthetics to the one depicted during the purchase. However, you have our commitment to making every effort to meet or exceed your expectations.

Refund Policy

It's essential to note that our no-refund policy is in place for specific reasons. The design of our service is focused on delivering products during your inactivity trigger, often at a scheduled future date. Given the nature of this process, refunds are not permitted, as the original purchaser will likely have passed away by the time of product delivery.

Delivery Commitment

Our commitment to delivering your selected products is unwavering. We make every effort to ensure that products are delivered as per your configured delivery date and address. However, we cannot be held liable for instances where this delivery fails due to external forces, unforeseeable circumstances, or delays caused by suppliers. Please understand that while we do our best, certain situations may be beyond our control.

At Wills Inc., we value your trust and prioritize delivering a seamless experience. Your cooperation and understanding in these matters help us maintain the integrity of our services as we strive to provide a secure and respectful platform for the conveyance of your cherished memories and sentiments. If you have any further questions or need clarification on this aspect of our service, please do not hesitate to reach out to us. Your satisfaction is of utmost importance to us.

At Wills Inc., we are humbled by the trust you place in our platform to convey your love, cherished memories, and personal values to your designated recipients. Our mission is to provide a secure and respectful environment that supports the enduring bonds between individuals. We understand the profound importance of your legacy, and we are committed to upholding the integrity of the Wills App.

As you embark on this journey with us, we encourage you to reach out if you ever have questions, concerns, or need assistance. You can contact us at [email protected]. Your feedback is invaluable in helping us refine and enhance our services continually.

We want to express our sincere gratitude for choosing Wills Inc. as your platform for preserving and sharing your most precious memories and emotions. It is your trust that fuels our dedication to improving and evolving the Wills App to better serve you.

Thank you for being a part of our community and entrusting us with your legacy.

Warm regards,