Terms of Service

1. Acceptance of Terms

By accessing or using A Final Message ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our Service.

These Terms constitute a legally binding agreement between you ("User" or "you") and A Final Message ("Company," "we," "us," or "our").

2. Service Description

A Final Message provides an automated dead man's switch service that:

• Sends regular check-in notifications to users via SMS and email
• Monitors user responses to these check-ins
• Delivers pre-composed messages to designated recipients when users fail to respond
• Provides secure storage and transmission of user messages and contact information
• Offers premium features including multiple authors, unlimited message length, and custom check-in frequencies

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into this agreement. By using our Service, you represent and warrant that:

• You are at least 18 years of age
• You have the legal right and capacity to enter into this agreement
• You will comply with all applicable laws and regulations
• All information you provide is accurate and truthful

4. Account Registration and Security

4.1 Account Creation

To use our Service, you must create an account by providing:

• Valid mobile phone number for SMS verification
• Valid email address for email verification and communications
• Personal information necessary for service operation

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• Keeping your contact information current and accurate
• Promptly notifying us of any unauthorized access or security breaches
• Responding to check-in notifications in a timely manner

5. Service Operation and User Obligations

5.1 Check-in System

Our automated system will send check-in notifications according to your selected frequency. You must:

• Respond to check-ins within the specified timeframe
• Maintain access to your registered phone number and email address
• Update your contact information if it changes
• Notify us if you will be unable to respond due to planned absences

5.2 Message Delivery

Upon failure to respond to check-ins as outlined in our process, we will:

• Attempt verification through your designated verification contact
• Deliver your messages to designated recipients
• Follow any specific delivery instructions you have provided

6. User Responsibilities and Content

6.1 Message Content

You are solely responsible for the content of your messages and must ensure they:

• Comply with all applicable laws and regulations
• Do not contain illegal, harmful, or offensive content
• Do not violate any third-party rights
• Are accurate and truthful

6.2 Contact Information

You must:

• Obtain consent from recipients before adding them to your contact list
• Keep recipient information current and accurate
• Respect recipients' privacy and communication preferences
• Remove recipients who request to be removed

7. Prohibited Uses

You may not use our Service to:

• Send threatening, harassing, or abusive messages
• Distribute spam, malware, or malicious content
• Violate any laws or regulations
• Infringe on intellectual property rights
• Impersonate others or provide false information
• Attempt to circumvent or manipulate our systems
• Use the service for commercial solicitation without consent

8. Privacy and Data Protection

Your privacy is important to us. Our data practices are governed by our Privacy Policy, which is incorporated by reference into these Terms.

8.1 Data Use

We use your data solely for:

• Operating and providing our Service
• Sending check-in notifications and delivering messages
• Customer support and service improvement
• Legal compliance and fraud prevention

9. Payment and Billing

9.1 Service Plans

We offer both free and premium service tiers:

• Free Plan: Basic service with limitations on message length, contacts, and features
• Premium Plan: Full-featured service with unlimited access to all features

9.2 Payment Processing

Premium subscriptions are processed through secure third-party payment processors. By upgrading to premium, you agree to:

• Provide accurate payment information
• Pay all charges associated with your account
• Comply with the payment processor's terms of service

9.3 Refunds

Due to the nature of our service and the immediate access to premium features upon payment, all sales are final. Refunds are provided only in cases of technical error or as required by law.

10. Limitation of Liability and Warranties

10.1 Service Availability

While we strive for 99.9% uptime, we cannot guarantee uninterrupted service availability. We are not liable for service interruptions due to:

• Technical failures or maintenance
• Third-party service provider issues
• Force majeure events
• User error or misconfiguration

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM. WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting us. Upon termination:

• Your messages will be permanently deleted
• Check-in services will cease
• Account data will be securely destroyed per our retention policy

11.2 Termination by Us

We may terminate your account if you:

• Violate these Terms of Service
• Engage in prohibited activities
• Fail to respond to multiple check-ins without prior notice
• Provide false or misleading information

12. Modifications to Terms

We may update these Terms from time to time. Material changes will be communicated through:

• Email notification to your registered address
• Prominent notice on our website
• In-app notifications

Continued use of the Service after changes constitutes acceptance of the new Terms.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of [State/Country], without regard to conflict of law principles. Any disputes shall be resolved through:

1. Direct Communication: Good faith negotiation between parties
2. Mediation: Binding mediation if direct negotiation fails
3. Arbitration: Individual arbitration as final resolution

Class Action Waiver: You agree to resolve disputes individually and waive rights to participate in class action lawsuits.

14. Contact Information