Terms of Use

These Terms govern the use of the Services and of the websites of psAfterlife and of any information, text, image, video or other material stored, published or that appears on them.

Acceptance of the Terms

These Terms are a binding contract between the use and psAfterlife. The user may only make use of the Services if he/she accepts being governed by these terms. The access and navigation on the Website means the acceptance of these terms of use, as well as any law, regulation or ordinance applicable, be it local, of the state, national or international.

For accepting the Terms you may click where psAfterlife offers you this option in the user interface of the Service in question. However, psAfterlife will assume you have accepted the Terms by the sole fact of using the Services and navigate in its Websites.

You may not use the Services or accept the Terms if you are not of legal age for entering into a binding agreement with psAfterlife or if you have been barred from the use and enjoyment of the Services by virtue of the laws of the United States of America or of any other country, including your country of residence or the country in which you use the Services.

We recommend you read carefully the Terms and print or save a copy of them in the local disk unit for your information.

Language of the Terms

The language governing your relation with psAfterlife will be the English language and any translation provided is solely for information purposes.

In case there is any discrepancy between the English version and any translated version, the English version will prevail.

Changes in the Terms

These Terms may be modified by psAfterlife when it deems it necessary. The most updated version will always be available at http:http://www.psafterlife.com/page/terms-of-use. If the modification is considered essential by psAfterlife; we will notify it to the e-mail associated, otherwise, you may only know of the modifications through reviewing the Terms of Use.

Termination

The Terms will remain in force until psAfterlife or you decide terminating them, as per what is set forth below.

For terminating this legal agreement, the registered user shall so notify it to psAfterlife at any time through the “Support” option of the webpage. If psAfterlife receives such a request, the user’s account will be deleted, however will still be regulated by these Terms of Use in all that is applicable to users.

psAfterlife may terminate the legal agreement entered into with you at any time if:

a)     You have not fulfilled any of the regulations of the Terms or have acted in such a manner that proves that you do not have the intention of fulfilling such regulations or that you cannot fulfill them;

b)    If you caused risk to or caused psAfterlife to be legally exposed;

c)     It is so required from psAfterlife by the law or some court;

d)    The provision of the Services has ceased being commercially viable from the viewpoint of psAfterlife.

Use of the Services

The registered user is responsible of the use of these Services and of any content it stores in psAfterlife, as well as any consequence arising, directly or indirectly, of it. Any content the registered user stores in psAfterlife will be accessible for its recipients once it have occurred the hypotheses of the Protocol of Delivery of the Legacy . Thus, the registered user shall store at psAfterlife only that information he/she wishes be delivered to the recipients.

The registered user declares knowing of the fact that if his/her death is confirmed, third parties will not be able to access his/her account. In case once confirmed his/her death it is attempted accessing his/her account, the Protocol of Delivery of the Legacy may be lately aborted and access to all postscripts that are not registered as public postscripts will be close.

The registered used will be especially responsible for:

a)     The accuracy of the information stored at psAfterlife;

b)    The use of the Services according to the ends set forth in these Terms;

c)     Not carrying out any kind of activities that may jeopardize the provision of the service by psAfterlife;

d)    Not providing his/her psAfterlife password to third parties.

Also, he/she undertakes not to make unauthorized accesses, or reproduce, duplicate, copy, sell, commercialize or resell any of the Services of psAfterlife for any purpose.

By this agreement, you accept being the sole responsible and that psAfterlife waivers any of its obligations to you or to any third party, of the non-fulfillment of any of your obligations by virtue of the Terms, as well as of their consequences, including any loss or damage that may cause psAfterlife arising from said non-fulfillment, human error, system error or external attack.

Provision of the Services by psAfterlife

These services are operated and provided by psAfterlife and its providers of hosting, connectivity and other services.

The Services that psAfterlife provides are always evolving and the manner and nature of these may change eventually without prior notice, notwithstanding said situation is informed on the Website.

The Services may include announcements, which may be referred to the Content or information of the Services, questions made through said Services or other information. The kind and extent of the publicity of psAfterlife in the Services are subject to change. The user accepts that psAfterlife and third parties place advertising in the Services.

The public content available in psAfterlife may be deactivated by a court order. psAfterlife will comply any court order without qualifying the nature or relevance of it. In case an interested party files a claim regarding a certain public content maintained in psAfterlife, the access to it will be suspended for a maximum term of 60 days while the conflicting parties reach an agreement and in case that is not possible, will be made available again, save for a court order.

psAfterlife may at any time deactivate contents when, at its sole discretion, considers that the contents published may cause risk to or leave psAfterlife exposed legally.

Private postscripts are not filtered, reviewed and are not suspended. The content of the same is the sole responsibility of who makes and stores them in psAfterlife. However, they may be deactivated in the following cases:

a)     The registered user is not up to date on his/her payments. In this case all postscripts are deactivated and it is moved automatically to the free plan. The postscripts are not deleted, only their delivery is deactivated so that the registered user select within its authorized limits, which will remain active.

b)    If the conditions for carrying out the Protocol of Delivery of the Legacy are not met, which happens when the registered user has less witness than those the same registered user defined as necessary for confirming his/her death. This situation may occur if a witness dies or waives its responsibility.

psAfterlife reserves the right to limit the use and storage capacity at its sole discretion at any time, situation that will informed to the registered user.

If you have any doubts regarding these Terms, please contact us, through the contact form, available from psAfterlife’s homepage: http://psAfterlife.com.

Content of the Services

By this agreement, you recognize that all of the information, data files, written text, music, audio files and other sounds, photographs, videos or other material you store in psAfterlife is owned by you or that you have sufficient rights to use and disclose said contents. You recognize that is your sole responsibility respecting the intellectual property rights associated to them.

psAfterlife does not filter the content you store. You accept and recognize that you are the sole responsible for the contents and release psAfterlife from any responsibility to you or any third part, of all the Content you upload to the psAfterlife platform, as well as from the consequences arising from your actions, including any loss or damage caused to psAfterlife.

Privacy

The privacy of its user it is very important for psAfterlife, for obtaining information on the Privacy Policy of psAfterlife, consult it in http://www.psafterlife.com/page/privacy-policy. This Policy explains how psAfterlife treats your information and how it protects your privacy when using the Services. The user must understand that through the use of the Services it gives it consent to the different manners of treatment of personal data and of the psAfterlife files according to the limits set forth in the privacy policy.

Rights over the information

You are the owner of all the content and information you store in psAfterlife and set the rules allowing said information to be delivered to the recipients.

When you eliminate content from the platform, it is erased like when you empty the recycling bin on your computer equipment. However, understand that it is possible that the content deleted appears in safety copies for a reasonable term (although it will not be available to third parties).

When you use an application, your content and information is shared with it. We require the applications respect your privacy and your agreement to that application will control the manner in which the application may use, store and transfer said content and information. For more information on the platform, read our Privacy Policy at http://www.psafterlife.com/page/privacy-policy.

Modalities of storage in psAfterlife

For storing your information in psAfterlife, it is necessary creating an account. For that, the user shall enter the Start page and choose Register. The system will ask for the basic information for creating a registered user account (user name, e-mail, password, first and last name, gender, country and telephone number).  Once the basic information is entered, the user must review the Terms of Use and the Privacy Policy of psAfterlife and accept it in a box specially created to that end.

Once the above operations have been carried out, the user will have created and account and shall select which plan will contract. From then on, the registered user may save postscripts and other information associated to the account in psAfterlife.

At the time of saving a postscript the registered user shall define if the recipient will be one or more identified persons, for private postscripts, or the community in general, for public postscripts 

Protocol of delivery of the legacy

For the delivery of the legacy to its recipients, must previously have occurred the following events:

  1. One witness appointed by the registered user enters psAfterlife and informs of the death of the registered user. For verifying this situation, psAfterlife will notify by e-mail the registered user and its other witnesses of the information received.
  2. A number of witnesses previously defined by the registered user must enter psAfterlife and confirm the death of the registered user.
  3. The term defined by the registered user from the first notification of his/her death must lapse without the confirmation of death process being annulled.

By accepting the appointment, the witness becomes a registered user and together with that declares that the person that has appointed him/her as witness is known by the name registered in psAfterlife and that uses the e-mail address registered in his/her psAfterlife account. Also, he/she undertakes to inform psAfterlife as soon as it knows of the death of the person(s) of which is a witness and authorizes psAfterlife to provide his/her e-mail address to the recipients of the postscripts of the people of which is a witness, so that they can validate the legitimacy of the identity of user that configured postscripts for them in psAfterlife.

Delivery of the legacy

The legacy will be delivered by means of a single e-mail delivered by psAfterlife to each recipient, which will contain a hyperlink per each postscript for the recipient. Said hyperlink will direct him/her to a webpage that will contain the detail of the postscript. Together with that, will be informed the contact information of the witnesses of the registered user so that the recipients may verify that the witnesses really were so of the registered user. The witnesses do not have access or know the content of the postscripts.

Notwithstanding the above, if the recipient so desires it, may enter psAfterlife and access directly all postscripts for him/her.

The registered user may also make public, while alive, some of his/her postscripts, situation in which psAfterlife shall not fulfill the protocol of delivery of the legacy, but solely make them public postscripts.

Considerations

  1. If at any time, after commenced the process, a person enters psAfterlife with the account of the registered user declared dead, and states being the holder of that account, the process will be rendered of no effect. If the postscripts have not yet been delivered to the recipients, an e-mail is sent to all the witnesses notifying that the user has interrupted the process. In case the legacy has been delivered, access to the postscripts will be blocked for all the recipients and will be informed by e-mail, together with the witnesses, that the registered user has interrupted the process.
  2. The notification of the death report of the registered user to the corresponding witnesses, will be repeated daily while they do not confirm the death of the registered user, declare not being able to confirm it, it is fulfilled the minimum of witness confirmations or the registered user aborts the process.

Intellectual Property

By this agreement, you accept and recognize that psAfterlife is the owner of all the rights in, title to and interests associated to the Services, including all of the rights over the intellectual property acting over them, regardless if said rights are registered or not and of where they exist. Also, you recognize that the Services may contain information considered as confidential by psAfterlife and undertakes not to disclose said information without the prior authorization in writing of psAfterlife.

You undertake not to delete, hide or tamper with the notices of intellectual property rights, among them, copyright and trademarks, both those included in the Services as well as those provided as part of them.

Save psAfterlife has granted you written express authorization, you undertake that during the use of the Services, will not use any trademark, service mark, trade name or logo of any company or organization in any manner as to cause confusion on the owner or authorized user of said brands, names and logos.

Safety

You are responsible for protecting your account. We recommend you use “safe” passwords (passwords using the combination of both uppercase and lowercase letters, numbers and symbols) in your account. psAfterlife may and will not be responsible of any loss or damage arising from the non-fulfillment of the above requirements.

We make all efforts possible for making psAfterlife a safe website, but that is not possible to the fullest extent. Notwithstanding this, we will take all reasonable technical measures for achieving it. We need your help for achieving a better level, for which you accept sending psAfterlife immediate notice of any unauthorized use of your account or that of another user of which you know of or of any violation of the safety you detect through the contact form available at http://www.psafterlife.com.

Responsibility

Responsibility for all content, publicly or privately disclosed, is of the registered user saving said content in the System. psAfterlife does not supervise or controls the Content shared through its platform and does not accept responsibility for it. Any use or dependence of any of these Contents or materials published through this Service, or obtained by the registered user through these Services, is for his/her own account and risk.

psAfterlife does not approve, support, represent or guarantee the completion, truthfulness, accuracy or reliability of any content published through the Services, nor does endorse any opinion expressed through them. psAfterlife is not responsible, under any circumstance whatsoever, for any Content, including but not limited to, any error or omission in the Content, loss or damage of any time occurred as the result of the use of any content published.

You declare and accept expressly that the use of the service is done under your own responsibility and that the service is provided “as is” and as per its “availability”.

psAfterlife and its providers and suppliers will not be liable to you for:

a)     Any damage, direct, indirect, fortuitous, special, derivate or exemplary that you may be entitled to, whatever its cause and under any liability theory. That includes, among others, any loss of profits, be it direct or indirect, any loss of prestige or reputation, any loss of data on your part, expenses of storage of substituting goods or services or other intangible losses;

b)    The changes psAfterlife may incorporate into the services or the temporary or definitive interruption of these or of any of their functions;

c)     Elimination or damage of the content and of other data of disclosing that are hosted in the services or offered through them, as well as the impossibility to host them;

d)    The impossibility to provide psAfterlife precise information of the account;

e)     Negligence for not having safeguarded your password or the information of your account in a safe and confidential manner.

The liability limitation of psAfterlife to you will be applied regardless of you having been notified such possibilities of loss to psAfterlife or if psAfterlife should have been aware of said possibility.

Changes in ownership

The user declares knowing and accepting that psAfterlife is a stock corporation and that as such its ownership is not subject to the people actually forming it. Therefore, ownership or control of it might change at any time by any of the ways permitted by the law.

Applicable laws and dispute resolution

All disagreements arising from these terms or from the Services of psAfterlife be that they are a claim, legal proceedings or litigation will take place only in the State of Delaware, United States of America, and the user accepts said laws, jurisdiction and place in such courts and waives any objection as to the inconvenience of forum. Notwithstanding the above, you accept that psAfterlife may claim from you as provisional redress, or a kind of urgent legal redress that is equivalent, in any jurisdiction.

Definitions

  1. Confirmation of Death: set of act developed by psAfterlife on behalf of its registered user for validating that it is actually deceased and that must start communicating the postscripts saved in the manner defined by the registered user.
  2. Recipient: one or more people specifically individualized by the registered user to which is(are) addressed the public or private postscripts saved in psAfterlife.
  3. Legacy: set of postscripts saved by the registered user in psAfterlife.
  4. Postscript: unit of information the registered user saves in psAfterlife with the purpose of making it public or addressing it to specific recipients at the time of his/her death. May include descriptions of different kinds of files, passwords, e-mails, websites, dates of entry and modifications and even may contain attached files which may contain documents, texts, photographs, videos or music.
  5. Private Postscript: postscript the registered user addresses to one or more recipients and that at the time of his/her death is notified exclusively to them.
  6. Public Postscript: postscript the registered user addresses to the community in general and that at the time of his/her death is incorporated into a special section in the website of psAfterlife for anyone to access it.
  7. Protocol of Delivery of the Legacy : set of rules defined by the registered user to be followed by psAfterlife at the time of his/her death, for the communication of the postscripts to their recipients.
  8. psAfterlife: means psAfterlife Inc., which registered offices are at 2340 Perimeter Park Drive, suite 100, Atlanta, GA 30341-1318, United States of America.
  9. Witness: people appointed by the registered user for confirming his/her death and that by their acceptance become registered users.
  10. User: any person accessing http://www.psafterlife.com.
  11. Registered user: those users that have created an account and that may make use of all or part of the services contracted.

 

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