Terms and Conditions of WillBox.me
Users of the Services offered by WillBox.me acknowledge and accept these terms and conditions.
Owner of WillBox.me and related Services
Via Generoso 5
6900 Lugano (CH)
Information about WillBox.me
WillBox.me is a service that allows for the management of the last will and the digital heritage of Users. Users can save and store their passwords, text notes and files of various formats on their WillBox.me account in a secure manner. Users can furthermore create access keys to their own account, to be delivered manually or through automated systems provided by the Service, to third parties designated by them, to allow access to the content uploaded and stored on the User’s WillBox.me account. The User can personalize the access keys in order to limit the content to which the individuals designated by him will have access to. All content uploaded and stored by Users on their WillBox.me account are encrypted and can not be accessed by any person, except for the User and the recipient of the access key designated by the User, who can access it, however, only at a time when the User has passed away. The passing of the User is determined using a mechanism called LifeCheck.
The LifeCheck is the mechanism used by WillBox.me to verify the User’s passing. The User determines the time intervals by which they will be contacted via email, SMS or interactive voice response (IVR) by the Owner. If the User does not log in to the Service after the receipt of the third contact attempt, the Owner will assume the passing of the same and proceed to the release of the access keys, thus enabling third parties to access the contents on the User’s WillBox.me account.
Content provided by the User
Users are responsible for their own content and that of third parties that they share through WillBox.me, that they upload and post on or through WillBox.me, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
Rights over content provided by Users
The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain WillBox.me.
The User agrees not to give their own credentials to any third parties. In case of loss of the access credentials, it is not possible for the User to decipher the uploaded data.
After the registration, the User is required to proceed to authenticate their own account by following the instructions on WillBox.me.
WillBox.me provides for additional services and subscriptions available upon payment of a fee.
The fees, duration and conditions for the accounts and paid services are highlighted in the relevant section of WillBox.me.
Payments start from the date when Users choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each billing cycle to maintain the benefits provided by the paid services.
Recurring subscriptions are renewed automatically through the payment method that the User chose at the time of purchase. The renewed subscription will last for the same period of time as the original service period. Users may cancel automatic renewal at any time by changing their preferences for the payment method used. If the User cancels an automatic renewal, then WillBox.me may be forced to cancel their subscription when it runs out.
Methods of payment
WillBox.me uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.
WillBox.me accepts requests for cancellation and refund by the Users only for the portion of Service not yet provided and within 14 days after payment.
The fees paid are non-refundable in the event that:
- the Service has already been provided at the time of payment;
- the User had not disabled automatic renewals before the expiration date and the service has been automatically renewed for an additional billing period.
Deleting User accounts and account termination
Registered Users can disable their own accounts, request their cancellation or stop using the Service at any time, by using the interface of WillBox.me or by contacting the Owner. The removal of the data can not be undone.
The content on the User’s account will automatically be deleted after 90 days from the date of the alleged passing of the same.
The Owner, in case of violation of these Terms, reserves the right to suspend or terminate the User’s account at any time and without notice.
The Service is provided “as is”
The Service is provided by the Owner “as is”, with no express or implied warranty for accuracy or availability.
The Owner reserves the right to add and remove functionalities or features as well as suspend or even discontinue the Service, either temporarily or permanently. In case of final discontinuation, the Owner will do the utmost to allow users to withdraw their information held by the Owner.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of WillBox.me and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
The Service shall be used only in accordance with these Terms.
Users may not:
- reverse engineer, decompile, disassemble, modify or create derivative works based on WillBox.me or any portion of it;
- circumvent any technology used by WillBox.me or its licensors to protect content accessible via it;
- copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through WillBox.me;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of WillBox.me or its content;
- rent, lease or sublicense WillBox.me;
- defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
- disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
- use WillBox.me in any other improper way that violates these Terms.
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning WillBox.me are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use WillBox.me.
Limitations of liability
The Owner, within the limits as currently set out by the applicable legislation, is liable for damage under contract and in tort to the Users or third parties only when such damage is the immediate and direct consequence, through willful misconduct or gross negligence, of the activity of WillBox.me.
The User expressly releases and exempts the Owner from any liability, to the extent permitted by the applicable law, relating to possible damage or claims of any kind, including direct, indirect, punitive, incidental, special damages related to loss of profits, loss of revenues, loss of data or costs of substitution consequential or anyhow connected to the present agreement.
The User shall indemnify and expressly releases the Owner from any liability with regard to the sharing with third parties with designated access to the content uploaded and stored on WillBox.me at a time prior to their passing or for failure of providing of content uploaded and stored on WillBox.me for heirs.
The Owner undertakes to ensure the best functionality of the system, but does not assume any responsibility towards both the Users and towards any third party, for delays, malfunction, suspension and/or interruption of the Service provoked by causes not attributable to the latter, such as, but not limited to, accidents and catastrophic events or force majeure, third party fault or for any failure or malfunction of the software that may cause leakage or loss of content uploaded and stored on WillBox.me by its Users.
Changes to these Terms
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within WillBox.me.
Users who continue to use WillBox.me after the publication of the changes accept the new Terms in their entirety.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User’s rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to WillBox.me must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
Governing law and jurisdiction
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
The service provided by WillBox.me as described in these Terms and in WillBox.me.
Any user of the Service, whether a human being or legal entity.
Terms and Conditions (or Terms)
These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.
Latest update: May 24, 2016