Welcome to VaultWill
These Terms of Service (or the “Terms”) govern the use of VaultWill’s services, including VaultWill’s website and products (collectively, the “Services”), and any information, text, graphics, photos, or other material uploaded to, downloaded from, stored on, or transmitted through the Services (collectively, the “Content”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services.
You are responsible for your use of the Services and any Content originating with you.
You must use the Services in compliance with these Terms and all applicable national and international laws, rules, and regulations.
The Services are always evolving and may change from time to time without notice. New features will also be subject to these Terms. In addition, VaultWill may stop (permanently or temporarily) providing the Services (or any Services feature) to you or to users generally and may not be able to provide you with notice.
The Services may display advertisements. VaultWill’s advertising methods and policies are subject to change without notice.
You may use the Services only if you can form a binding contract with VaultWill. You must be at least 13 years old to use the Services. If you are over 13 and under 18, you may use the Services only if your parent or legal guardian has reviewed these Terms and agreed to them on your behalf.
VaultWill provides an online communications platform allowing you to share information and material with others following your death or incapacitation or in other situations at a time of your choosing.
The Services allow you to share Content designated by you (such as login information to important accounts, messages, and documents) with third parties that you select (the “Recipients”). Please consider carefully what you choose to share and whom to choose to share it with. VaultWill is not responsible for the Content you share and disclaims any liability or responsibility for your sharing of it.
Your Content will be shared with the Recipients only if the Recipient has all the required information in which to access the system. This is a mixture between information that they will know, information relayed to them through a system generated email and information that you will provide outside of the system.
At the point that they have all of the information, they can access the system but should only do so when You have a life event that requires them to access your Content. In addition, the system has a soft lock feature of between 1 to 7 days to alert You ahead of any unauthorized access. During this soft lock period you are able to revoke access.
You are solely responsible for taking the actions required to prevent your Content from being shared. VaultWill disclaims any liability or responsibility for Content being shared if the system Conditions are met. If the Conditions are met, VaultWill will share your Content in the manner specified by your account.
You may download, change, or delete the Content to be shared at any time.
You may change, modify, revoke, or delete your Recipients at any time.
You can upload unlimited files subject to fair usage. You can add up to 12 Recipients at any time.
You are responsible for safeguarding your username and password and for all actions by your VaultWill account. VaultWill encourages you to use "strong" passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols). VaultWill cannot and will not be liable for any loss or damage arising from your failure to do so. If you know of or reasonably suspect a breach of security related to your account, you must immediately notify VaultWill and modify your log in information.
You agree to provide truthful and accurate account information, including but not limited to a username, master password, name, phone number, valid email address, and valid contact information for your selected Recipients. You agree to update all such information so that it remains accurate. It is your responsibility to ensure that all contact information associated with your use of the Services is valid, even if the underlying contact information changes or stops working. VaultWill disclaims any liability or responsibility for Content being shared or not shared as a result of inaccurate or outdated information.
When purchasing a membership, you can either pay in full, or choose a monthly payment plan. VaultWill reserves the right to change prices at any time. The current rates can be seen here.
All acceptable payment methods are listed at the time of payment. You must provide current, complete, and accurate information regarding your payment method for your account. If you elect to be billed on a recurring basis, you must keep your account information and payment method current and you must promptly notify us if your payment method is cancelled or if you become aware of a potential breach of security.
All Content is the sole responsibility of the person who originated the Content. VaultWill does not monitor or control user-submitted Content and cannot take responsibility for it.
VaultWill does not endorse, support, or guarantee that any Content or other information transmitted via the Services is complete, truthful, accurate, or reliable. VaultWill is not liable for any Content (including errors or omissions in the Content), nor any loss or damages resulting from the use or sharing of that Content.
VaultWill makes no representation regarding, and bears no responsibility or liability for, the legal status, legal effectiveness, or consequences of your Content being shared. Your Content, including directions that you may provide to others, is not legally binding. Your Content and the Services are not a substitute for a will and do not exempt any assets from the laws of probate. If you need legal advice in regard to a will or other issues relating to family or estate planning, you should consult a solicitor in your area.
By submitting Content, you represent that your Content and its submission: (a) does not violate any laws, contractual restrictions, or other third-party rights, including (without limitation) copyright, trademark, privacy, personality, or other personal or proprietary right; and (b) does not contain viruses, adware, spyware, worms, or other malicious material.
VaultWill reserves the right to disclose any information, including your Content, in order to comply with any applicable law, regulation, legal process, or governmental request, if VaultWill deems such disclosure appropriate.
You retain your rights in Content that you submit to the Services but you grant VaultWill a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license (with the right to sublicense) to use, copy, reproduce, process, adapt, transmit, display, and distribute that Content in performance of the Services and in accordance with the instructions set forth in your account.
VaultWill also may modify your Content in order to transmit, display, or distribute it over computer networks and in various media, and to conform the Content to any requirements of any networks, devices, services, or media.
You represent that you have all the rights, power, and authority necessary to grant the rights granted in this agreement regarding Content originating with you.
All right, title, and interest in and to the Services (excluding Content provided by users) are VaultWill’s exclusive property. The Services are protected by copyright, trademark, and other laws of the United Kingdom. Nothing in the Terms gives you a right to use VaultWill’s name or any of VaultWill’s trademarks, logos, domain names, and other distinctive brand features.
Any feedback, comments, or suggestions you provide is entirely voluntary and VaultWill will be free to use it as VaultWill sees fit and without any obligation to you.
VaultWill gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive licence to use any software, patented or proprietary protocol, or other proprietary material that VaultWill provides to you as part of the Services. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by VaultWill, in the manner permitted by these Terms. You agree not to use the Services for any other purpose.
You agree that you will NOT use the Service to:
a. upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
b. stalk, harass, threaten or harm another;
c. if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends;
d. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another VaultWill user, an VaultWill employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity (VaultWill reserves the right to reject or block any account which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);
e. engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
f. post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
g. forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service (“spoofing”);
h. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
i. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
j. plan or engage in any illegal activity; and/or
k. gather and store personal information on any other users of the foregoing prohibited activities.
If VaultWill determines, in its sole discretion, that you have violated any of these restrictions, VaultWill has the right to terminate your use of the Services and to take any other action it deems appropriate.
These Terms apply until you or VaultWill terminate this agreement.
You may end your legal agreement with VaultWill by deactivating your account and discontinuing your use of the Services. You do not need to specifically inform VaultWill when you stop using its Services. If you stop using the Services without deactivating your account, your account may be deactivated due to prolonged inactivity.
VaultWill may suspend or terminate your account, or cease providing you with all or part of the Services, at any time for any reason, including if VaultWill reasonably believes that: (a) you failed, or are failing, to comply with the Terms; (b) you create risk or possible legal exposure to VaultWill; or (c) providing the Services to you is no longer commercially viable. VaultWill will make reasonable efforts to notify you by the email address associated with your account.
When this agreement terminates, all of the Terms terminate, except that the following sections will continue to apply: 5, 6, 7, 9, and 12.
This section doesn’t affect VaultWill’s rights to change, limit, or stop providing the Services without prior notice.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
VAULTWILL SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY.
VAULTWILL DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME VAULTWILL MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VAULTWILL AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, VAULTWILL AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
VAULTWILL DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND VAULTWILL DISCLAIMS ANY LIABILITY RELATING THERETO.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
A. LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
VAULTWILL SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) VAULTWILL’S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) VAULTWILL’S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VAULTWILL AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF VAULTWILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to defend, indemnify and hold VaultWill, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of this Agreement; (d) any action taken by VaultWill as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (e) your violation of any rights of another. This means that you cannot sue VaultWill, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of VaultWill’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your Account, and that this Agreement applies to any and all usage of your Account. You agree to comply with this Agreement and to defend, indemnify and hold harmless VaultWill from and against any and all claims and demands arising from usage of your Account, whether or not such usage is expressly authorized by you.
Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
A. Waiver and Severability
VaultWill’s failure to enforce any right or provision in these Terms is not a waiver of that right or provision. In the event that any provision of these Terms (in whole or in part) is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms, the Services and each purchase of a product shall be governed by English law.
You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with these Terms, the Services and any purchase of a product.
We don't separately file the Terms entered into by You when registering for VaultWill. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only.
C. Territorial Restrictions
The Services are not intended to be distributed or used by any person or entity in any jurisdiction or country where the distribution or use would be illegal. VaultWill reserves the right to limit the Services’ availability to any person, geographic area, or jurisdiction, at its sole discretion.
D. Entire Agreement
This Agreement constitutes the entire agreement between you and VaultWill, governs your use of the Service and completely replaces any prior agreements between you and VaultWill in relation to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of VaultWill to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.
We may revise these Terms from time to time. The most current version will always be located here. If the revision, in our sole discretion, is material we will notify you via email to the email address associated with your account or by posting notice to the website. In consideration for using our Services, you agree to check back here from time to time to determine if the Terms have been revised. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by the Company, which is registered in England and Wales under company number 11523190 and has its registered office at 18/20 Canterbury Road, WHITSTABLE, Kent CT5 4EY and is referred to in these Terms as “Vaultwill”. The Company’s main trading address is Kent Innovation Centre, Millennium Way, BROADSTAIRS, Kent CT10 2QQ.
To contact us, please email firstname.lastname@example.org.
Last updated: 29/Apr/2019