LW Innovations Ltd.’s Terms of Service
You agree to the Terms with respect to the Site and System. This Terms of Service Agreement (the “Agreement”) constitutes the entire and only agreement between LW Innovations and the User, and supersedes all prior contemporaneous agreements, representation, warranties and understandings with respect to the Site, System, the content, goods and services provided by or through the Site and/or System, and the subject-matter of this Agreement. Users agree to review this Agreement prior to using the Service, or uploading any Digital Assets. LW Innovations may amend this Agreement from time to time, without specific advance notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the site.
By using the Site and/or Services you must be at least 18 years old and have the legal authority to accept these Terms, or you represent that you are a parent or guardian of a Minor on whose behalf you agree to these Terms and grant permission for such Minor to use and view the Site and Services. LW Innovations reserves the right to make all or portions of the Site or Services unavailable to
PLEASE READ AND REVIEW THESE TERMS CAREFULLY BEFORE USING THIS SITE OR SERVICES.
If you do not agree to be bound by any of these Terms, then please discontinue using and accessing this Site and/or Services immediately. Please note that any use or purchase from any business affiliated with the Site and/or Services may be subject to different and/or additional terms for such respective service or business.
Please note that any information provided in the Site, System and/or Services is intended for informational purposes only. In the event of any contradiction between such information and these Terms, these Terms shall prevail.
The Services & Additional Definitions: LW Innovations offers various services in connection with the Site and System, mainly, an application where Users can upload pictures, videos, documents and notes (collectively referred to as “Digital Assets”) which are then stored with Amazon Web Services until the User passes away and does not check in as instructed by the System. Once the User passes away fails to respond then access to the Digital Assets is released to their designated recipients.
In order to access the Services, or create Digital Assets, you must first register an account by providing your email address and choosing a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, or password of another User at any time, or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Accounts Access Information – information which includes certain details, such as account name, username and password, which enable access to a certain User’s digital accounts, and/or other assets of the User, such as but not limited to, email accounts, social media accounts, file storage accounts, passwords to User’s smartphones, etc. Digital Assets – any and all intangible assets and digital materials uploaded by a User to the System, including without limitation, Accounts Access Information, written messages, pictures, letters, video files, audio files, digital books, articles, documents, music files, posts and more. Heir – any person for whom a digital safe was created by a User. For the avoidance of any doubt, the term “Heir” as defined herein is not necessarily a person’s legal heir under any applicable law. Minor – a User and/or Heir which according to their date of birth, as was entered in the Site, System and/or Services, are under the age of 18. LW Innovations assumes no responsibility and/or liability, directly and/or indirectly, regarding the truthfulness or accuracy of the date of birth as was entered by a User.
Personal Details – personal information provided by a User as part of his/her registration to the Services, either with respect to himself/herself and/or with respect to his/her Heirs and/or Trustees, including without limitation, names, email addresses, gender, date of birth, occupation, marital status, phone number, and address. Trustee – a person appointed by the User via the Services for, inter alia, transferring and/or approving the transfer of Digital Assets to such User’s Heirs. It is hereby clarified that a person shall be deemed as a “Trustee” only following such person’s on-line acceptance of his/her responsibilities hereunder by registration to the System as the applicable Heir’s Trustee. User – any person who registers and opens an account on the System, whether as a User of the Services (i.e, for safekeeping and creation of Digital Assets), or due to his capacity as a Trustee or an Heir. Important terms of the System’s Operation & Functionalities of the Services 2.1. How the passing of a User is determined – there are two ways for the System to determine that a User has passed:
The receipt of the User’s key; or, The User fails to respond to the Systems SMS messages asking that they confirm that they are alive. 2.2. Verification – following receipt of a notice regarding the passing of a User through one of the channels listed above, LW Innovation’s shall use its “verification process”, as determined by it from time to time in its sole discretion, in order to verify that such notification was not made by mistake. Such “verification process” may include, inter alia, obtaining additional confirmation regarding such User’s passing away from a Trustee or a Heir of the User (in accordance with the Services’ settings). It is hereby clarified that LW Innovations assumes no responsibility and/or liability, directly and/or indirectly, regarding the truthfulness or accuracy of the notice(s) reported to it from any person(s) in accordance with the foregoing provisions and/or any consequences of such notice(s).
2.4. Transferring messages to Heirs – Last Words shall provide notice to the User’s Heirs via designated email(s) regarding the Digital Assets that were left for them and provide them access to the Digital Assets via the Site and/or Services, subject to (i) these Terms, (ii) completion of the verification process as specified above and (iii) registration of such Heir to the System, including his/her acceptance of these Terms.
Following receipt of notification regarding a User’s passing away and completion of the verification process, as specified above, each Heir will receive an e-mail and/or text message (in accordance with the System’s settings) that will notify him/her that the User left them certain Digital Assets in his/her virtual storage on the System and such Heirs will be invited to enter the System which will provide them the option, upon and subject to registration to the Services, to view the Digital Assets that were left for them. In the event a certain Heir does not register to the System or view the Digital Assets left for him/her, the applicable Trustee will receive an email to that effect.
LW Innovations will provide notice to the Heirs and/or to the Trustees, as applicable, in order to provide them access to the Digital Assets, only if the User’s account contains their updated e-mail address or cell phone number. Therefore all e-mail addresses and cell phone numbers must be kept updated by the User himself during his/her lifetime or by his/her Trustees after his/her passing away. LW Innovations cannot guarantee the transfer of any Digital Assets to Heirs unless such Heirs’ e-mail addresses and/or cell phone numbers are updated and valid.
In the event that the access to the Digital Assets is directed to the Trustee or Heirs junk mail account, or is otherwise missed, the User agrees that LW Innovations has no liability or responsibility for the failure to receive the Digital Assets.
Any Digital Assets left by a User to his/her Heirs may be viewed only by the applicable Heir via LW Innovations System. For the avoidance of doubt, it is subject to a respective Heir’s sole discretion whether to open and review Digital Assets left for him/her. LW Innovations cannot and does not guarantee that an Heir will actually open his/her Digital Assets.
The Trustee and/or Heir will be sent a link directing them to download the Digital Assets. In the event that they fail to download the Digital Assets prior to the expiry of the link within 6 months the Digital Assets will be deleted, and access will be lost. In the event that the User has time remaining on their subscription the Digital Assets will be stored until the subscription expires. As such, in the event that the subscription is valid beyond the expiry of the link, another link to the Digital Assets can be requested.
In the event that the Digital Assets left for a certain Heir exceed the limit of the allocated storage space given to such Heir upon his/her registration to the System, the System shall send the Heir a notice to that effect via email, stating that each Digital Asset left for him/her will be stored on the System for a period of one year commencing as of the date in which such Digital Asset was available for the Heir to view on the System with no charge. In order for an Heir to be able to view such Digital Assets for a period longer than one year after such Digital Asset was made available to him/her, as specified above, the Heir may upgrade the account to a paying account, as further described below. In such event all Digital Assets (upon their release to the Heir) will become available for view by the Heir at any given time.
2.5. Adult and Minor Heirs – Following the User passing away failing to respond to the System prompted check ins, if his/her Heir’s age is above 18, the Trustee will not be able to actually view any Digital Assets left to such User’s Heirs. However, such Trustee(s) will be able to view only general information regarding the timing of release of the applicable Digital Assets to the applicable Heir, in the event such Digital Assets are not designated to a specific date or are location based (messages which would be released automatically according to the User’s preferences). Following the death failure of the User to check in when prompted by the System Of a User, and in the event that a User’s Heir is a Minor, the Trustee will be able to view any and all of the content of the Digital Assets addressed to such Minor Heir, and decide if and when it is suitable to transfer it to such Minor Heir. Notwithstanding any triggering events for release of the Digital Assets defined by the User (such as date based, location base or event based), the Trustee will be able, at his/her sole discretion, with respect to adults and/or Minor Heirs, to release any of the Digital Assets left by a User at any time prior to the actual occurrence of such Digital Asset’s triggering event.
The Content and Sharing of Digital Assets 3.1. LW Innovations Services allow you to leave behind and share Digital Assets with your Heirs, so please think carefully about what you upload to the Site and/or Services and choose to share with them.
3.2. You are solely responsible for any Digital Assets and/or Personal Details uploaded by you to the Site. You hereby represent and warrant that you shall not copy, upload, download or share content unless you have the right to do so (including but not limited to information regarding your Heirs). Furthermore, when you upload a Digital Asset to the System you hereby represent that such Digital Asset will not cause any infringement of any rights of other third parties, including without limitation, any intellectual property right and privacy rights. In addition, for any content you upload to the System, you represent and warrant that such content is free of any copyrights, trademarks or other intellectual property infringements of any third party; and that you have the consent, release, and/or permission of each identifiable person depicted in your Personal Details and Digital Assets to upload, transmit, publish, sublicense, and/or disseminate their name and/or likeness through your Personal Details and Digital Assets.
3.3. Subject to LW Innovations sole discretion, LW Innovations may, but is not obligated to, review your conduct while using the Services and the content of any Digital Assets originated from you, and may block, delete, terminate access to, or remove any such Digital Assets or User’s account that LW Innovations, in its sole discretion, considers to be non-compliant with any of the requirements of these Terms and/or applicable law. LW Innovations shall not be responsible in any way to any Digital Assets Users chose to post and share via the LW Innovations System.
3.4. You retain all of your ownership rights in your Digital Assets. However, by uploading or transmitting any Digital Assets using the System or the Services, you hereby grant to LW Innovations, its affiliates and service providers, a non-exclusive, royalty-free and worldwide license, consent and authorization to use such Digital Assets in any way we may reasonably choose for the purposes of providing the Services, including, host, index, cache, tag, copy, transmit, excerpt, create derivative works and modify, in any form or media now known or hereinafter developed, as well as to share Digital Assets with Trustees and Heirs, and/or publish, distribute and publicly display such Digital Assets, as indicated in such User’s account (for example, “farewell message”). As a material condition for using the Services, you hereby warrant to us that you have the right to grant LW Innovations such license for such purposes.
3.5. LW Innovations expressly disclaims any and all liability in connection with any Digital Assets. LW Innovations reserves the right to purge Digital Assets from its databases at any time due to non-compliance with these Terms. You acknowledge and agree that you are solely responsible for backing up any Digital Assets uploaded to the System by you or for you.
Intellectual Property Rights 4.1. With the exception of Digital Assets, Personal Details and information found on third party websites, all content of the Site and System, including but not limited to the text and images thereof and their arrangement, are owned, controlled, duly attained or licensed by or to LW Innovations and are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. LW Innovations retains by ownership, control or license all title and interest in the intellectual property rights contained in any LW Innovations materials and software on the Site and System, including but not limited to copyright, database rights, trade dress, service marks, website graphic design, graphics, user interfaces, visual interfaces, photographs, text, documents, descriptions, products, interactive features, videos, user submissions, button icons, trademarks, logos, trade or business names, goodwill associated with any of the foregoing, sounds, artwork, computer code, design, structure, selection, coordination, organization, arrangement and other matters related to the System, and other similar rights or contents or obligations whether registered or not in any jurisdiction in the world.
4.2. The copying, reproduction, use, modification or publication by you of any such materials or any part of the System, Site and/or Services in any form or by any means is strictly prohibited. By accepting these Terms, you hereby undertake not to do so and/or attempt to do so and/or assist anyone else in doing so. In case you wish to copy, print, save or download any content and/or information solely for your personal use, you must retain all copyright and other proprietary notices contained therein.
4.3. You agree not to modify, rent, lease, sell, distribute, or create derivative works based on LW Innovations Services, in any manner, and you shall not exploit LW Innovation’s services in any unauthorized way.
4.4. All other trademarks not owned by LW Innovations or its subsidiaries that appear on the Site or Services are the property of their respective owners.
Accounts & Billing 6.1. Subscription- You subscription fees for the use of the LW Innovations System will be a yearly fee billed annually. The subscription fee is subject to change based solely on the discretion of LW Innovations.
6.2. Suspension – Your account will remain in effect until it’s cancelled for any reason or terminated by you. Thereafter, all Digital Assets will not be available for sending to your Heirs. If your billing information and payment source is invalid or if charges billed to you are declined, your account may be suspended or cancelled, at LW Innovations discretion. If a User account is suspended, LW Innovations may, but is not obligated to, maintain your account and/or related Digital Assets, in order to allow a User to pay the past- due charges and restore his/her account. If charges are not paid, such account may be cancelled and all Digital Assets may be deleted.
6.3. Fee Changes – LW Innovations may change the fees in effect in its sole discretion and without notice. Notwithstanding the foregoing, as Users are enrolled in an automatic renewal subscription they will receive an advance notice of these changes via a message to the email address associated with their account, in accordance with applicable law.
6.4. Automatic Renewal – In order to ensure that you do not experience an interruption or loss of Services, all Users are enrolled in an automatic renewal subscription. The automatic renewal subscription automatically renews the applicable service for the following year. Therefore, unless you cancel your subscription, LW Innovations will automatically renew the applicable service when it comes up for renewal, and will take payment from the payment method you have on file with LW Innovations at LW Innovations then current rates, which you acknowledge and agree may be higher or lower than the rates for the original service period. You may cancel your subscription from such services prior to the automatic renewal at any time. In such event the services shall be discontinued upon the expiration of the respective period you have paid for and you shall not have any claims towards LW Innovations in relation to the discontinuation of the services.
6.5. Cancellation & Refunds –You are free to stop using LW Innovations Services at any time and terminate your account completely by using the System directly to terminate your subscription. In the event that you have difficulties terminating your subscription using the System you can sending us a message to .firstname.lastname@example.org. LW Innovations reserves the right to suspend or end the Services at any time in its sole discretion and without notice, if you are not complying with these Terms, or use the Services in a manner that would cause LW Innovations legal liability, disrupt the Services or disrupt others’ use of the Services, or in case LW Innovations is obligated to do so according to any applicable law.
LW Innovations services are provided on a prepay basis. In order to cancel your paid account services please use the System to do so. In the event that you have difficulty doing this please contact LW Innovations at email@example.com. The date of any cancellation shall be the date on which LW Innovation received the User’s cancellation notice via email. When your account is cancelled you will be removed from the system, and your subscription will not be autorenewed for the upcoming year. There are NO REFUNDS for the year that you have already paid for.
If you believe that you have been incorrectly charged, please contact LW Innovations at Support@lastwords.com_ in writing within 30 days of the received receipt containing the charge in question.
6.6. Non-operating Account. Following receipt of notification regarding a User’s passing away failure to check in with the System and LW Innovations verification process as set forth above, then: (i) LW Innovations will stop charging such User’s account, (ii) the User’s account will become a non-operating account, and (iii) all of User’s Digital Assets will be saved to accounts designated for each of such User’s Heirs.
8.1. You agree not use the Services in any manner to harm, threaten, harass, abuse, stalk, defame or otherwise infringe or violate the rights of any third party or person and/or organization, including LW Innovations, nor to build similar services or websites or applications. You may not: (i) damage, disable, overburden, or impair the Services; (ii) resell or redistribute the Services or any part thereof; (iii) frame or utilize, directly or indirectly, any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LW Innovations and/or its affiliates; and (iv) use any meta tags or any other hidden text utilizing LW Innovations trademarks or name.
8.2. In addition, under any circumstance you shall not: (i) use the Services in any manner or for any purpose other than as expressly permitted by these Terms; (ii) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (iii) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iv) store or transmit inappropriate content, such as content containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature; (v) store or transmit any content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, or spyware. (vi) modify, decompile, reverse engineer, disassemble, publish, create derivative works, copy, distribute, disseminate, transmit, broadcast, display, license, sell, use any of this Site’s content or frame this Site within any other site, nor use meta-tag searches or perform any activity that would damage the operation of the Site or otherwise exploit for any purposes whatsoever the Site’s content, information and source-code, including attempt to derive the source code of, modify, or create derivative works of the license, including any updates or any part thereof; (vii) collect content or information from the Site, or otherwise access the Site, by using any automated means, including without limitation, “spiders”, “offline readers”, “robots”, and “scrapers”; (viii) disrupt the servers or networks connected to the Site; (ix) disable, circumvent, directly or indirectly, or otherwise interfere with security related features and contents of the Site or features and contents that prevent or restrict use or copying of any content or that enforce limitations on use of the Site; (x) harvest or collect any personal identifiable information from the Site; and (xi) use the Site, directly or indirectly, for any commercial purposes or commercial solicitation purposes.
Warranty Disclaimers 9.1. The System and Services are provided “as is”, “as available,” and “with all faults,” and are used only at the User’s sole risk, to the fullest extent permissible by law. LW Innovations disclaims any and all warranties, express or implied, of any kind, regarding the System and/or Services (including without limitation its software, functionality, or of any content contained therewith), as to title, non-infringement, accuracy, completeness, accessibility, compatibility, suitability, reliability, availability, timeliness, quality, merchantability, fitness for a particular purpose or lack of viruses.
9.2. You agree that any information you provide to the Site and/or Application may be lost or destroyed, and that LW Innovations is not responsible for the loss of such information.
9.3. LW Innovations cannot ensure that the information and Services are free of bugs and/or errors and/or problems and/or other limitations. LW Innovations further disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your and/or your Heirs’ and/or your Trustees’ use of the System and/or the Services. You expressly agree that any use or access of this Site is at your sole risk and responsibility. Neither LW Innovations, nor any of its affiliates, officers, executives, directors, employees, licensors, agents, representatives, and shareholders warrant and/or guarantee that the content, information, materials, Services, or products of the site is accurate, current, complete and/or that access to the Site will be uninterrupted or error-free or free of bugs, security breaches, virus attacks, and like nature or that the Site and its servers are free from harmful components. Except as expressly stated in LW Innovations , LW Innovation does not make or provide any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use and/or access of the Site and Services. You assume total responsibility for your (and/or your Trustees’ and/or Heirs’) use of the System and the Services and any linked sites. For avoidance of doubt, it is hereby clarified that you are fully responsible for all Digital Assets and Personal Data you uploaded and LW Innovations assumes no responsibility for such, which is fully disclaimed.
Limitation of Liability To the fullest extent permitted by law, in no event will LW Innovations or any of its subsidiaries, affiliates, officers, executives, directors, employees, licensors, agents, representatives, and shareholders be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages arising from your use of the Site or System or any other claim related in any way to the Services (including any and all actions or inactions taken by a respective Trustee services), nor to any emotional or physical distress, sorrow, grief, loss of use, data, goodwill, reputation, opportunity, personal injury, social harm, business, or profits, regardless of the legal or equitable theory upon which the claim is based, even if advised or warned of the possibility thereof in advance.
LW Innovations entire liability and your first and exclusive remedy is to discontinue your use of the Site and Services. Notwithstanding the above, LW Innovations aggregated liability for any actual damages and all claims relating to the Services or arising from or related to the Site, whether in contract or tort or otherwise, shall be limited to the aggregate amount actually paid by you to LW Innovations in the past 12 months immediately preceding the bringing of the claim against LW Innovations. You further consent and agree that any claim or cause of action which you may have with respect to LW Innovations and/or its affiliates, officers, executives, employees, agents, and shareholders must be commenced within two (2) year after the claim or cause of action arises. Because some jurisdictions may not allow the exclusion or limitation of liability stated above, in such jurisdictions, LW Innovations liability shall be the limitation set out in therein.
This Section shall survive any termination of these Terms.
Non- Transferable The User’s right to use this Site is not transferable. Any password or right given to the User to obtain access is not transferable.
Resolving Disputes We want to address your concerns. Before filing a claim against LW Innovations, you agree to try to resolve the dispute by contacting us at Dispute@lastwords.com . We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or LW Innovations may bring a formal proceeding.
Editing, Deleting and Modification The Company reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site
General Governing Law & Jurisdiction. These Terms and Agreement shall be treated as though it were executed and performed in the Province of Alberta, and shall be governed by and construed in accordance with the laws of the Province of Alberta (without regard to conflict of law principles). Any cause of action of the User with respect to the Site or System must be instituted within two years after the cause of action arose or be forever waived and barred.
Entire Agreement. These Terms constitute the entire agreement between you and LW Innovations with respect to the Services, and supersede and replace any other prior or contemporaneous agreements.
Contact us. We are here to help, so if you have any questions, claims, requests or any other kind of information that you would like to share with us, please contact us at: firstname.lastname@example.org.
Last updated: June 21, 2019