Terms & Conditions

Welcome to AftrLife!

Welcome to AftrLife, a peer-to-peer Content sharing platform and associated services (collectively known as the “Service”). Please ensure that you read these Terms & Conditions, the Community Guidelines and the Privacy Policy carefully. These are collectively known as the “Terms”.

Your acceptance of these Terms

By using the Service, you are agreeing to be bound by these Terms. If you do not agree with these Terms, then please do not use the Service. Your continued use of the Service following the posting of changes to these Terms will be deemed as your acceptance of those changes. If you are accessing and using the Service on behalf of a company (such as your employer) or another legal entity, then you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

Changes to the Terms and/or Service

AftrLife has the discretion to update the Terms at any time. When we do, we will revise the updated date at the bottom of the Terms & Conditions page. It is important that you frequently review the Terms for any changes to stay informed. By using the Service, you acknowledge and agree that it is your responsibility to review the Terms periodically to become aware of modifications. As our Service is constantly evolving over time, we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.

Privacy Policy

Please refer to the Privacy Policy for more information on how we collect, use and disclose the information we collect from our Users.

Community Guidelines

Please refer to the Community Guidelines for more information on the expected behavior of our Users.

Who may use the Service:

Registered Accounts

You must use the Service through a registered account (“Account”). You are only permitted to have one Account and any duplicate account(s), if discovered, may be deleted including any Content associated with the duplicate account(s).

Our Service is intended for the exclusive use of real human beings who wish to create original and unique Content for other real human beings to enjoy. As such, anonymous Users, fake accounts, artificial intelligence (AI), and/or bots are forbidden from using, accessing or otherwise interacting with the Service. You must use your legal first and last name when registering your Account and the legal first and last name of any Dependant(s) you register.

If you want to use certain features of the Service, such as viewing, uploading, liking, sharing, or commenting on Content or calling our Full Service Hotline then you will have to register for an Account. It is important that you provide us with accurate, complete and up-to-date information for your Account, and that you update such information, as necessary, to keep it accurate, complete and up-to-date. If you do not, then we retain the right to suspend or terminate your Account. Furthermore, you agree that you will notify us immediately of any unauthorised use of your Account. You are responsible for all activities that are carried out or occur under your Account, whether or not you know about them.

Once you have registered an Account you can create, upload, edit, schedule and delete Content from your Timeline as you see fit and as allowable by the features included with your subscription level. In order to keep your Account secure you must not share your password with anyone else. Only you will be able to access your Content before its scheduled posting date. AftrLife affiliates, directors, officers, employees, agents, subcontractors and/or Reps are not able to access your unposted Content, due to the Service’s end-to-end encryption technology.

If/when one of the Timeline Activations conditions have been met as specified in your Settings, your Account will be locked, your timeline will be activated and your Day 1 message(s) will post. Nobody can gain access to a locked Account unless the Account owner is found to be still alive, legally competent and provides proof as deemed acceptable at our sole discretion. Full Service and/or administrative fees may be charged to unlock an Account and deactivate its Timeline.

To register an Account on the Service you will be required to confirm the following:

  1. that you are aged 18 years old or over,
  2. that you are legally competent,
  3. that you agree to comply with these Terms & Conditions, the Community Guidelines, and the Privacy Policy.

If you do not meet any one of the aforementioned requirements, but still wish to register an Account on the Service then you must do so as a “Dependant”.

Dependant Accounts

Dependants are people who wish to have an AftrLife account, but:

  1. do not have their own cellphone number or suitable mobile device, or
  2. are under 18 years old, or
  3. are not legally competent.

Dependants share the same Account features as the User whose Account they registered under, known as their “Primary Guardian”, including the same cloud storage limitations and number of messages, which are shared between the Primary Guardian and their Dependant(s). If a Dependant uses up storage space and/or messages by posting Content to their Timeline, the amount of storage space and/or messages remaining for the Primary Guardian and/or their other Dependant(s) will be reduced proportionally.

A Dependant Account must be controlled by a Primary Guardian, who will have full access to the Dependant Account. Dependants are not required to agree to these Terms so long as the Primary Guardian has the legal authority to do so on their behalf and take steps to ensure that the Dependants are aware of and abide by them. The Primary Guardian may relinquish their designation and assign it to another User if that User agrees to become the new Primary Guardian for the Dependant(s) and is in the legal position to execute their duties and responsibilities as such.

Dependant Accounts can also be linked to a Secondary Guardian, who will be given the choice to become the Primary Guardian of the Dependant should the existing Primary Guardian die.

If a Dependant satisfies the aforementioned requirements to register an Account then the Primary Guardian may choose to “emancipate” their Dependant, who upon acceptance of their emancipation will be given full control of their own Account. The newly emancipated User will be required to agree to these Terms & Conditions, the Community Guidelines, and the Privacy Policy, select a subscription level and assume responsibility for paying their monthly dues.

Once a Dependant Account has been emancipated it cannot be reverted back to a Dependant Account.

Family

Your family are the most trusted relatives and/or friends whom you wish to be granted the right to manage your Account after you have passed on. Your family members must register an Account in order to access the Service.

You can have an unlimited number of family members and are encouraged to add all of the important people in your life as family members to grant them special privileges within the Service.

Family privileges include:

  1. the ability to report you as deceased,
  2. the ability to delete unwanted comments from your publicly posted Content (except those made by other family members),
  3. the ability to take over your monthly subscription payments if/when you have passed on and your wallet has insufficient funds to cover your subscription dues.

Apart from the aforementioned privileges an family members are treated like any other Users and have no further administrative rights or controls over your account including:

  1. Family can’t access your unposted Content.
  2. Family can’t edit or delete your Content.
  3. Family can’t delete your account or change your settings.

A family member can revoke their family status at any time by going to My Channels, selecting the User in question and tapping “Block from feed and leave family”.

Content

For the purposes of these Terms, “Content” refers to all text, graphics, images, music, documents, audio, video, media, messages, works of authorship of any kind, and information or other materials that are uploaded to, posted on, generated on, stored on or otherwise provided to the Service.

Ownership, Responsibility and Removal

AftrLife does not claim any ownership rights to any Content posted on the Service. AftrLife holds your Content in trust and only releases it in accordance with your wishes as determined by your settings, these Terms & Conditions, the Community Guidelines, and the Privacy Policy.

AftrLife and its licensors exclusively own all rights, titles and interest in and to the services and Content that form the base of the Service, including all associated intellectual property rights. You acknowledge that this Service and Content are protected by copyright, trademark and other laws. Furthermore, you agree not to remove, alter or obscure any copyright, trademark, service mark, watermark, logo or other proprietary rights notices incorporated in or accompanying the Service or Content.

We reserve the right to restrict visibility or remove any Content posted to the Service that does not comply with these Terms or the Community Guidelines.

Content Rights Granted by You

By making any Content available through the Service you grant to AftrLife a worldwide, royalty-free, perpetual and transferable license, with the right to sublicense, to use, copy, modify, create derivative works, display, perform and distribute your Content in order to operate, provide and promote the Service and Content on this and other platforms.

You are solely responsible for all of your Content. You represent and warrant that you own all of your Content or you have all rights that are necessary to grant us the license rights in your Content under these Terms. You also represent and warrant that your Content, your use and provision of your Content to be made available through the Service, and any use of your Content by AftrLife on or through the Service will not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You can remove your Content by specifically deleting it. However, in certain instances, some of your Content (such as comments) may not be completely removed and copies of your Content may continue to exist on the Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Content.

Content Rights Granted by AftrLife

Subject to your compliance with these Terms, AftrLife grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view, display and perform the Content solely in connection with your permitted use of the Service and solely for personal and non-commercial purposes.

All Content will post in accordance with your Timeline and message settings and cannot be viewed, edited, deleted or rescheduled by anyone but you prior to posting. After posting, the Content will be visible in other Users’ feeds in accordance with the Content’s privacy settings. Any Users that you have addressed the Content to will be notified in accordance with their notification settings that your Content has posted and is available to view in their feed.

Indemnification

You will indemnify, defend and hold harmless AftrLife and it’s affiliates, directors, officers, employees, agents, subcontractors and Reps, from and against all third party actions that:

  1. arise from your activities on the Service,
  2. assert a violation by you of any of these Terms, or
  3. assert that any Content you submitted to the Service violates any law or infringes any third party right, including any intellectual property or privacy right.

Third Party Copyrights and Other Rights

For more information on how AftrLife handles third party copyrights and other third party rights, please consult our Community Guidelines and Copyright Policy.

Fees

We do not sell your data or display any advertisements on our platform and instead generate our income from subscription and service fees as well as User donations.

Subscription Fees

All Registered Accounts must be subscribed to one of AftrLife’s subscription tiers in order to have access to and the ability to store Content on the Service. Subscriptions are billed monthly and can be upgraded, downgraded or cancelled by the user at any time. Account upgrades are billed immediately, granting you and your Dependant(s) access to the upgraded features upon payment. Account downgrades or cancellations take affect when the current pay period has elapsed at which time you and your Dependant(s) will be restricted to the features included in your new subscription level, which may alter your Timeline(s) and/or delete some or all of your and your Dependants’ Content.

Subscription fees and add-ons are due monthly on the same day of the month that the subscription was initiated (or as close to the same day as can reasonably be achieved) and will continue to be billed to your Account each month for as long as we continue to hold your Content in trust. Subscription fees are subject to change at our sole discretion. We will give at least 30 days notice of any subscription fee changes by sending an email to the address associated with your Account.

Subscription fees are paid by each Registered Account through the Account’s “Wallet”. You can add funds to your wallet using an accepted credit or debit card. Any funds added to your Wallet are held in trust and will be debited for any purchases made by you and your Dependant(s), including monthly subscriptions, donations and Full Service charges.

Wallets can be set to be automatically topped-up in the event that there are insufficient funds to cover a purchase by checking the “Auto-top-up my Wallet” box on the Update Payment Info page.

Your Account will remain active so long as you do not break these Terms and there are enough funds to cover the monthly subscription fees in the your Wallet (excluding Free Accounts, which are free). Should you die and your Wallet has insufficient funds to maintain your subscription then your family will be responsible for assuming the subscription fees. If you don’t have any family willing to assume your subscription then your Account and associated Content may be deleted or restricted at our sole discretion.

You can transfer as much money as you wish to your Wallet in order to ensure the continuance of your Account. Nobody else can access your wallet or change your subscription settings, including your family. You can withdraw funds from your Wallet at any time by tapping the Withdraw button. There is a minimum withdrawal amount of $100. If your Wallet balance is below this threshold you must first add funds to meet or exceed it in order to request a withdrawal.  Withdrawals are charged a processing fee of $20, which is subject to change at our sole discretion without notice. Withdrawals are currently processed manually and may take up to 30 days to complete.

While AftrLife is a Canadian company, we provide our services on the global market and as such all displayed prices and charges made are in USD. If your payment card is of another currency your card provider will automatically perform the currency conversion at their posted exchange rate. Foreign currency conversion fees may apply. Please contact your card provider more information.

Full Service

Our Full Service feature is available to Basic and Premium subscribers, which connects you to a real person who can help you create Content, schedule posts, add connections, invite friends, update settings or just be a friendly ear to talk to.

All Full Service calls or in-person meetings are recorded and may be reviewed from time to time, either manually or in an automated process using third party software, in order to help improve the Service. All Full Service recordings are kept strictly confidential and are only accessed as required to investigate a customer complaint or as part of our quality assurance program. If you do not consent to your Full Service call being recorded then please limit your access to the Service using Self Service mode only for a 100% private experience.

Full Service Representatives (Reps) are independent advisors and not AftrLife employees. While we do our best to vet the trustworthiness and reliability of Reps, we cannot guarantee the security of any information you provide to them and do not recommend that you share any sensitive data like your credit card number or login credentials.

Your Wallet will be charged for Full Service calls based on the amount of time you spend on the call with your Rep. The hourly rate you will be charged, called the Minimum-Tip-Per-Hour (MTPH), is displayed on the Full Service page and is subject to change without notice and at our sole discretion. You are able to adjust the tip above the MTPH if you are pleased with the service by verbalizing to the Rep what you wish their tip to be at the end of your call. Tips cannot be reduced below the MTPH.

Donations

AftrLife is a Social Enterprise dedicated to keeping your messages safe and memories alive without profiting from them. As a Social Enterprise, we are similar to a non-profit in the sense that any profits are re-invested back into the company in order to better achieve our social goals rather than paid out as dividends to shareholders.

Our social goals are:

  • To help people from all walks of life come to terms with their own mortality by providing them with a secure, easy to use platform to leave messages behind for their loved ones.
  • To help the grieving cope with the loss of their loved ones and keep the memories of them alive by sharing the content they created over an extended period of time after their passing.
  • To provide flexible employment opportunities to people in need of them around the world.

If you believe in our goals and want to help us achieve them in a more meaningful way then we welcome you to donate whatever amount you feel comfortable giving at this time.

All donations to AftrLife are used to help make our services more accessible to the people who need it the most, such as providing mobile devices to retirement homes and healthcare facilities.

If you wish to bequeath a portion of your estate to AftrLife when you pass on then please contact us and we can help you make the arrangements.

Refunds & Returns

Basic and Premium subscriptions, associated add-ons, Full Service fees and donations are digital products and therefore considered used upon purchase, as such they are non-refundable.

Termination

We may terminate your access to and use of the Service should we determine that you have violated these terms or our Community Guidelines, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time from within the Service. Upon any termination, discontinuation or cancellation of the Service or your Account, the following provisions will survive: Feedback; Content Ownership, Responsibility and Removal; Warranty Disclaimers; Limitation of Liability; General Terms; Severability; Jurisdiction and this sentence of Termination.

Feedback

Feedback on the Service is always welcome. If you have any comments, feedback or suggestions for the Service, then you can submit them by using the Contact Us form on the app or website or by emailing us at support@AftrLife.com. By doing so you grant us a perpetual, free and transferable license, with a right to sublicense, use, copy, modify, create derivative works and/or otherwise exploit the feedback in any form and media and for any purpose.

Warranty Disclaimers

THE SERVICE AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.

Limitation of Liability

NEITHER AFTRLIFE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AFTRLIFE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL AFTRLIFE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE (OR CONTENT) EXCEED THE AMOUNTS YOU HAVE PAID TO AFTRLIFE FOR USE OF THE SERVICE (OR CONTENT), OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO AFTRLIFE, AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AFTRLIFE AND YOU.

General Terms

These Terms constitute the entire and exclusive agreement and understanding between AftrLife and you regarding the Service and Content. These Terms supersede and replace any and all prior agreements or understanding (oral, written or otherwise) between AftrLife and you regarding the Service or Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without AftrLife’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. AftrLife may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by AftrLife under these Terms, including those regarding modifications to these Terms, will be given by posting to the Service. AftrLife’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AftrLife. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Severability

If any term, clause or provision of these Terms is deemed to be unlawful, void or for any reason unenforceable, then that term, clause or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Jurisdiction

The Terms, and your relationship with AftrLife under the Terms, shall be governed by Canadian law. You and AftrLife agree to submit to the exclusive jurisdiction of the courts of Canada to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that AftrLife shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.

Last Updated on 2024-05-10