Terms and Conditions of use

Effective date as of April 23rd 2019

Thank you for your interest in Thanks for my life, S.L. Our goal is to provide peace of mind to our users when they consider what may happen when they’re no longer here. You can leave posthumous messages that your selected recipients will receive upon notification of your death to the platform as well as other information of personal interest important to your inner circle. Our platform serves as somewhere you can leave everything written down regarding the aspects concerning our death, how things will be managed and to avoid difficulties for those left behind.

We are extremely aware of the fact that the information you share with us is highly sensitive and that is why we will do everything in our power to make sure that your information is safeguarded and protected from third parties with malicious intentions. We will not share any information with agencies in the form of advertising. This is primarily the reason we have set up a premium model in order to offset the costs of maintenance. Of Course we will also provide the free model as a service as we see it as as social service and our underlying wish is to help people and their families.

1. Introduction

Contract

By using our services you accept all of our conditions. Your use of our services is subject to our Privacy policy and Cookie Policy which shows you how we obtain, utilize, share and store your personal information.

By registering and using our services (detailed in the following section), you enter into a legal binding contract with Thanks for my life, S.L. CIF: B67331546, C / Balmes, 200. 5ª. 08006 - Barcelona, Email: thanks@thanksformylife.com. If you are not in agreement with this contract (or the Terms and Conditions), please do not register, access or use our services. If you wish you may nullify this contract at any time by cancelling your account and no longer accessing or using our services.

Services

This contract applies to thanksformylife.com, apps, communications and other services offered under this contract including the gathering of information outside the website such as social media, ads or campaigns. User registered on our site are considered “users” and those not registered are considered “visitors”. This contract applies to both Users and Visitors.

Thanks for my life

You are consenting to this contract with Thanks for my life, S.L, independent of your country of origin or residence. Thanks for my life S.L. will be responsible for the data you share with our services or that which is gathered and processed through our service in relation to them.

The conditions will be applied to both Users and Visitors. If you are a User or Visitor of our platform, whatever information gathered, use of information that is shared in regards to your personal information will be subject to our Privacy policy (which includes our cookie policy and other documents laid out in our privacy policy) and the associated updates.

Members and Visitors

By registering and joining Thanks for my Life, you will be considered a User. If you decide not to register on Thanks for my Life, you can access certain functions as a Visitor.

Changes

We reserve the right to change the current contract. Occasionally we may need to change the current contract, privacy policy and cookie policy. If this should occur we will notify you of any important changes through our service or other means in order to provide you with the opportunity to revise changes before they take effect. If you are not in agreement with any of the changes you can close your account at any time. By using the site after the notifications are sent or published regarding the change in terms means you agree with the updated terms of the contract.

2. Obligations

Requirements for use of service

These are a few of the requirements you agree to in order to enter into this contract. You must meet the following requirements in order to register and enter into the contract and must be of a minimum age.

To use the services offered by the site you accept that: (1) You are older than 14 yrs old (2) You agree to only maintain one site which must be registered under your legal name (3) That we have not restricted your use of our services. Creating a profile under a false name or with false information is in violation of our terms and conditions; and also includes profiles registered for other parties or underage users.

The minimum age is set at 14 years old. Notwithstanding, if governing laws require you to be older than the set minimum age in order for Thanks for my Life to provide our services without parental consent (including the use of your personal information) than the age will be that established by law.

Your account

You are responsible for keeping your password secret. In order to respect our rules and applicable legislation we ask that you do not share your account login details with anyone.

Users are account holders. You accept: (1) To choose a password that is complex and secure; (2) protect and maintain your password confidential; (3) not to share or pass on any part of your account (for example your circle) and (4) adhere to the governing legislation, our terms and conditions of what you can and can not do as well as our Privacy policy. You are solely responsible for your account unless you cancel the account or notify us that it is being used in an improper way.

We recommend that you do not share who you’ve selected as your inner circle in order to avoid misunderstandings or malicious intent when it is time to activate the service, since if 3 or more of your inner circle were to notify of your death, without you knowing or cancelling the notification, the platform would be activated and all protocol put in motion without being able to stop it.

Payment

When selecting a PREMIUM account you agree to payment terms and accept that your bank authorizes our charge to your bank card. Additionally you understand that our price card may include taxes or additional fees.

The PREMIUM account agreement is valid for 365 days from the moment you contract the service. We do not guarantee a refund in the event that you cancel the registration (regardless of the reason), close your account (regardless of the reason) or activate the platform due to your passing prior to the contract end date. The contract will be automatically renewed at the end of the period unless otherwise cancelled by you in writing prior to the start of the new term. If no cancellation is communicated we take this as acceptance of the renewed contract. You can cancel at any time. By registering for a PREMIUM account you accept the payment of applicable taxes and fees. Failure to pay can result in the removal of access to PREMIUM features.

You also agree to:

You can obtain a copy of your invoice in your account settings.

Notices and Messages

You accept that we can send you notices and messages periodically regarding our websites and apps through the contact information you have provided (for example, email, mobile phone, address). In the case that your contact information is not updated you may not receive these notifications therefore it is imperative that you agree to main this information up to date.

We at Thanks for my Life, S.L shall not be held responsible of messages not received by your inner circle or recipients through the “Last communications” section if you have not entered the correct contact information or updated said information prior to the moment of activation. Therefore we recommend that you periodically revise the information and keep it up to date so the service can be completed when needed.

Share

Through our platform you will be able to send messages and share very personal information. You are solely responsible for the content and its sincerity. Thus at Thanks for my Life we will not be held responsible for this area and what third parties may receive nor possible malicious intent as our service only provides the means to send messages.

In the section “QR code” a series of details will be visible which you have previously authorized and / or entered at an earlier date and can be viewed by a visitor using your code to access. The truthfulness of the information as well as the authorization to list third party contact information (phone number, name and surname, relation), is solely your responsibility as user and account holder. Thanks for my Life will not be held responsible for information you may have entered without prior authorization of that person and / or any information not up to date which prevents the normal functioning of the service in case of emergency.

The information visible in your profile may be used for analytics but will never be made public nor will Thanks for my life share any details that can compromise your identity. We will only share your name with those that you’ve sent a request to and selected as part of your circle once they’ve accepted, giving them access to your profile name and the profile picture you’ve uploaded to your account.

3. Rights and Limitations

Your license

You are the owner of all the content that you’ve added to each section in your account as well as your personal information, however you authorize us to share this information with the individuals you’ve chosen when at least 3 of your selected inner circle activates the platform. We respect your privacy and will not allow access to your information by any third party and / or entity. Additionally when you cancel, delete or activate your account we take responsibility of safely eliminating permanently and irreversibly all the information you’ve entered and only maintaining the details needed to carry out the service you have confided in us while your account remains active.

You can conclude this license for content in a specific section by deleting that content or deleting your account in general. We will not include any of your personal information or content within your account for the purpose of advertising or share with third parties and / or entities. We do however reserve the right to make public limited data from your profile for the sole use of analytics and agree to never display any personal information or any information that could compromise your identity. We will not publish any information within your account and will save your data as encrypted in our servers in order to prevent access by all technological and professional means, except for the information you decide to make public and appears in the QR code section and / or you authorize in the case of a PREMIUM account user, your inner circle to access your Advance directives document.

In the event that you follow us on one of the social media platforms we’re present on we can not guarantee your anonymity as each platform has its own privacy policy different than that of Thanks for my life, S.L. In order to guarantee your privacy we recommend you review the privacy protocol of each social media platform in question.

You consent to the fact that any content you upload containing personal information to Thanks for my life, S.L will be subject to our privacy policy. Additionally you agree that we can store your personal information for the length of time established by the privacy policy including any information of your inner circle and profile.

By sending us comments and / or suggestions regarding our services you agree that we may use or share (although not definitively) these comments with no compensation or exchange.

You promise to provide to us information and content that is only meant for your account and that which appears in your profile is truthful. Additionally you agree to only share information that is not illegal and does not infringe upon any person (including intellectual property right).

Section availability

We reserve the right to change, suspend, remove, or add a service, and edit or modify future prices based on our own criteria. To the extent permitted by law, changes will take effect after they’ve been communicated. If this happens, we can not guarantee that the affected information will be stored or will continue to appear. We will do our best to make sure any impact is minimal and does not affect the service intended through the platform Thanks for my life, S.L.

In the event that you are a PREMIUM account holder and you decide to cancel the paid model and remain as a registered user, there will be series of information entered that will no longer be available to you and will be communicated to you upon cancellation. The information lost will only be that which is available in the PREMIUM model and not supported by the free model. Once 15 days have passed from cancellation you will not be able to recuperate this data as all information will be wiped completely from our servers and backup. Likewise if your account is cancelled due to notification of your passing (and the service is rendered successfully), post 30 days of the service we will delete your information form our servers and backup without the possibility of recuperating this data ever again. This protocol is in place to safeguard your privacy and due to the highly personal nature of the information.

We will not share any of your information with third parties unless for the sole purpose of carrying out the intended service that Thanks for my life, S.L. has been authorized to provide and that is covered and detailed by our Privacy policy.

Other content, websites and applications

Use of content and information that you’ve published is your sole responsibility. Third parties may provide offers of services and products based on your last wishes and advanced directives, but we reserve the right to not be held responsibility for any of these activities or transactions.

Likewise, each region will have local regulations and legislation that covers directives within last wishes, including organ donation, advanced directives… that must be upheld in order to legally carry out your wishes. Thanks for my life, S.L. does not ensure that the services we provide in each section are covered under this legal umbrella: our intention is to provide you with the means of communicating your wishes to your loved ones, and as the person responsible for your account, it is your duty to ensure compliance under your legislation in order to verify the legality of the services requested.

We will not be held responsibility for messages sent out through user accounts on Thanks for my life, S.L. to third parties. We will not revise the messages written and their content (partially due to the fact that these are encrypted in order to satisfy internet security protocol) and the actions taken due to that content. We are solely a platform providing a means for these communications.

Limitations

We reserve the right to limit the amount of time spent on our service and transactions. We reserve the right to limit your use of our service, restrict, suspend or close your account if we suspect that you may be going against the terms and conditions of the agreement, the law or that you are using incorrectly the services as defined (for example you have violated the list of can’t and can do as well as our privacy policy).

Intellectual property rights

Due to the fact that we at Thanks for my life, S.L. will not review the content of your messages or any other information you upload, it is your responsibility to adhere to and determine the intellectual property of the information you add and exempt Thanks for my life, S.L. of any responsibility should these laws not be upheld.

Thanks for my life, S.L reserves our rights of intellectual property for the services we provide. Your use of our services does not transfer property rights to you for said services and content we show. Brands and logos or any graphic material shown on the site are trademarked to their respective owners and especially Thanks for my life, 2018, S.L.

Automated processes

Occasionally we will use data and information that has been automated in order to recommend improvements in the platform based on the information that you’ve uploaded (geographic location, date of birth…). Maintaining your profile up to date will help us send you recommendations based on your preferences.

4. Exclusions and limitation of liability clauses

Guarantee exclusion

We relinquish any legal liability derived from the quality, security or reliability of our services. To the extent permitted by law, Thanks for my life, S.L. and its collaborators (any person who works with Thanks for my life, SL to provide the services): a) we are not responsible for any implied warranty or representation of the accuracy of the data that is uploaded into their account by users;(B) we do not guarantee the legal validity of information in each section for each region or country that this service is offered, therefore the user must be informed of the legal requirements that must be met in order to guarantee the validity for all purposes of the expressed will; (C) we are not responsible for any of the content that may be sent to third parties through the platform in the ‘Latest communications’ section, entered for the sole purpose of the user.

Exclusion of responsibility

To the extent permitted by law, Thanks for my life, S.L. and its collaborators (any person who works with Thanks for my life, SL to provide the services) will not be held responsible for any indirect, inherent, special, consequential or punitive damages due to the loss of data, opportunities, reputation or benefits related to the services. Likewise we can not guarantee the distribution to your selected inner circle (email) if the information has not been updated by the user once the service is activated. Additionally we cannot guarantee access to the information entered by the user or third parties once the service has been activated after a period of 30 days post activation by consequence of the elimination of all content from our database and backup servers, or after 15 days post deactivation of the PREMIUM account model. Finally, Thanks for my life, S.L. and its collaborators (any person who works with Thanks for my life, SL to provide the services), will not be held responsible in the event that the necessary requirements to activate the platform not be honored by the selected inner circle upon the death of the the user.

5. Revocation

Both you and Thanks for my life, S.L. reserve the right to terminate this contract at any time after previous communication of such termination. Once revoked you will lose the right to access and use these services. At Thanks for my life, S.L we will eliminate all of the information that has been uploaded to our database and backup servers once you have terminated the contract within a period of 15 days and that data can not be recuperated at any time

6. Applicable legislation and conflict resolution

In the unlikely event of a legal dispute, Thanks for life, S.L will submit any dispute arising from the agreement to the Courts of the City of Barcelona as this is the jurisdiction of the competent court.

7. General arrangement

Following is a list of some important details regarding the contract.

If a court with authority over this contract determines that some part of it can not be applied, both parties agree that the court shall modify such deadlines in order for this part to apply and continue to serve its purpose. If the court does not approve, we agree to ask the court to eliminate the part of the contract that cannot be applied in order to maintain the validity of the rest of the contract.

To the extent permitted by law, this contract is binding. This (including the timelines set forth by the contract for each applicable section), is the only agreement in place between both parties and supersedes any former agreement regarding the services.

In the case of inaction by Thanks for my life, S.L for breach of contract it does not mean we have waived our rights to enforce the contract.

You agree that the only way to send us a legal notice will be through the address provided in clause 10.

8. What you can and can not do through Thanks for my life, S.L.

What you can do

You agree that the only way to send us a legal notice will be through the address provided in clause 10.

You agree to…

  1. Comply with all relevant laws, including but not limited to, privacy policies, intellectual property laws, anti spam laws and other regulatory requirements.
  2. You will only share truthful and lawful information and maintain the information shared up to date.
  3. You will use your legal name in your profile.
  4. The purpose of your use is personal and for the benefit of your loved ones.

What you can not do

You agree not to…

  1. Create a false identity, falsify your identity, create a profile that impersonates someone that is not you nor use or try to use the account of another person.
  2. Develop, support or use programs, devices, scripts, robots or any other means or processes (including crawlers, navigation plugins and add-ons, or any other technology), to plagiarize (scrape) services or otherwise copy profiles or other data of service.
  3. Avoid any responsibility of security protocol or bypass any security control outside of the limits of service.
  4. Copy, utilize or distribute any information obtained through the service, whether it be directly or through third parties (such as search engines) without the explicit consent of Thanks for my life, S.L.
  5. Disclose any information that you have no authority to share, such as confidential information from third parties.
  6. Infringe the intellectual property rights of third parties such as copyrights, patents, trademarks, trade secrets or other property rights.
  7. Publish or distribute anything that contains viruses, worms or any type of malware with malicious intent
  8. Use reverse engineering techniques, decompile, disassemble, decipher or utilize any other method of obtaining the source code of the services or of any technology that is not classified as open source.
  9. To imply or declare that you are associated with Thanks for my life, S.L. without our explicit consent.
  10. To rent, offer, market, sell or obtain any other type of benefits from the services or related information, or access without the explicit consent of Thanks for my life, S.L.
  11. Interfere with the normal functioning of purpose of the services in an improper way, for example through SPAM, cyber attacks, viruses…

9. How to contact us

You can contact Thanks for my life, S.L. by writing to (C / Balmes, 200. 5th. Floor. 08006 - Barcelona), or through email at (thanks@thanksformylife.com).