Who we are
These Terms of Use govern your use of LastMessages, a service operated by Sinteag Ventures, Inc.
By creating an account or using the Service, you agree to these Terms of Use (“Terms”). If you do not agree, do not use the Service.
Eligibility and your account
You must be at least 18 years old and legally capable of entering into a binding agreement to create and use a LastMessages account.
You are responsible for the accuracy of your account details, for keeping your credentials secure, and for all activity under your account. Keep your recipients’ and Trustees’ details accurate, because delivery depends on them.
What LastMessages does
LastMessages allows users to create private text, audio, video and other supported messages and arrange for those messages to become eligible for delivery on a future date, upon a selected event, or following an after-death confirmation process.
Trustees
A “Trustee” is a person selected by a LastMessages user to participate in the Service’s after-death confirmation process. A LastMessages Trustee is a product role only. Appointment as a LastMessages Trustee does not create a legal trust, fiduciary relationship, power of attorney, executorship or other authority over the user’s estate.
Default rule
By default, a user appoints two Trustees, and confirmation from both Trustees is required before applicable after-death messages become eligible for release.
One or three Trustees
A user may elect to appoint one Trustee. If one Trustee is selected, confirmation from that Trustee alone satisfies the Trustee confirmation requirement.
A user may elect to appoint three Trustees. When three Trustees are selected, the user must specify the number of Trustee confirmations required before applicable after-death messages become eligible for release.
Changes to Trustee settings
Users may change their Trustees or confirmation requirements while their account remains active. The most recently saved valid Trustee configuration will govern the after-death confirmation process.
Trustee limitations
LastMessages does not guarantee that a Trustee will remain available, respond to a request, provide confirmation or otherwise perform the role expected by the user.
Not an estate-planning document
LastMessages is not a will, trust, advance directive, power of attorney or other estate-planning document and is not a substitute for legal advice or properly executed legal documents. Messages, wishes and instructions created through LastMessages may have different legal significance depending on applicable law and jurisdiction.
Recipients
LastMessages does not guarantee that a recipient or Trustee will follow, honor or act upon any request, wish or instruction contained in a message.
Your content
You retain ownership of the content you create or upload to LastMessages. You grant Sinteag Ventures, Inc. a limited license to store, process, reproduce and transmit that content only as reasonably necessary to operate LastMessages and provide the services you request.
You are solely responsible for what you send and for choosing appropriate recipients and Trustees. You agree not to use the Service for unlawful, harmful, harassing or infringing content, and not to disrupt or misuse the Service.
Plans and payment
Subscription products
LastMessages may offer a monthly subscription, an annual subscription, a 5-Year Plan and a 30-day free trial, as displayed at the time of purchase.
Free trial
Eligible users may receive a 30-day free trial. If the trial is started through the Apple App Store or Google Play with an eligible payment method associated with the user’s store account, the trial will convert to the then-disclosed monthly subscription at the end of the trial unless cancelled before the applicable renewal deadline.
Trial reminder
LastMessages intends to send a reminder approximately seven days before the end of the 30-day trial notifying the user of the upcoming conversion to a paid monthly subscription. Users remain responsible for cancelling through the applicable App Store or Google Play subscription settings if they do not wish to continue.
Auto-renewal
Monthly and annual subscriptions automatically renew according to the terms shown by Apple or Google at the time of purchase unless cancelled through the applicable store before renewal.
5-Year Plan
A 5-Year Plan is a one-time purchase providing access to the LastMessages features identified as included with that plan for five years from the date of purchase, subject to these Terms.
Military and first responder accounts
Eligible active-duty members of the United States Armed Forces and eligible United States first responders, as defined by our verification provider, may receive a free LastMessages account that includes all features of the Service, limited to six recipients and up to ten messages per recipient. Eligibility requires verification of active-duty or first responder status through ID.me, our third-party verification provider. Once verified, the account is free for five years from the date of verification. At the end of each five-year term, eligibility must be re-verified through ID.me to continue the free account or discounted pricing. If eligibility is not re-verified, the account is subject to the plans and pricing then in effect. Verified members may instead purchase any paid plan at 50% off the standard price, as displayed at the time of purchase. This discount does not apply to extended scheduling fees. Free accounts and discounted plans under this section are otherwise subject to these Terms.
Extended scheduling
Messages scheduled for delivery on a date more than five years after the date the message is created require a one-time fee per message, as displayed at the time of scheduling. The fee is charged when the message is scheduled. This fee does not apply to messages set for delivery following the after-death confirmation process.
Billing
- Subscriptions are billed through your Apple App Store or Google Play account.
- You manage or cancel a subscription in your app store account settings. Deleting your LastMessages account does not cancel a store subscription.
- Refunds are handled by Apple or Google under their policies; we do not process card payments directly for those purchases.
Deleting your account
You may permanently delete your account at any time from within the app or on our account deletion page. Deletion permanently cancels all future message deliveries. Messages that have not yet been delivered cannot be recovered or delivered after account deletion.
Some records may be retained where required by law or for payment and audit obligations, as described in our Privacy Policy.
Delivery
LastMessages is designed to deliver messages according to the settings selected by the user, but we cannot guarantee delivery or receipt at an exact time or at all. Delivery may be affected by outdated contact information, recipient actions, telecommunications or email providers, device settings, Internet availability, third-party services and other circumstances outside our control.
Service availability and disclaimers
The Service is provided “as is” and, to the maximum extent permitted by law, we disclaim implied warranties.
Limitation of liability
To the maximum extent permitted by law, LastMessages will not be liable for indirect, incidental, special or consequential damages, or for any failure or delay in delivering a message.
Changes to these Terms
We may update these Terms from time to time. Continued use of the Service after changes take effect means you accept the updated Terms.
Governing law and venue
These Terms and any dispute arising out of or relating to LastMessages are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, except to the extent that applicable law provides you with rights that cannot legally be waived.
Subject to any mandatory rights that cannot legally be waived, any legal proceeding arising out of or relating to these Terms or the Service shall be brought in a court of competent jurisdiction located in Palm Beach County, Florida.
Contact
Questions about these Terms? Contact us through our Support page or at support@lastmessages.com.