Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you and Testamently (“we”, “our”, “us”) governing your access to and use of the Testamently website, applications, and services (together, the “Service”), available at testamently.com. By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

Testamently is an encrypted digital vault (with an optional zero-knowledge tier) and an automated delivery mechanism (a “dead man’s switch”). It lets you store encrypted information (“Secrets”), designate people you trust (“Trustees”), and have those Secrets delivered to your Trustees after a trigger you configure — prolonged inactivity or an approved death-certificate request.

The Service is a technical tool. It is not a law firm and does not provide legal, financial, tax, or estate-planning advice. Testamently is not a will, trust, or other legal instrument and is not a substitute for one. You are responsible for ensuring your overall estate plan is valid and for consulting a qualified professional where appropriate.

You must be at least 16 years old and able to form a binding contract to use the Service. By using Testamently you represent that you meet these requirements and that the information you provide is accurate and kept up to date.

• You are responsible for all activity under your account and for keeping your login credentials confidential.
• You must enable and safeguard any additional security factors you turn on (such as two-factor authentication).
• Notify us promptly at legal@testamently.com if you suspect unauthorized access.
• You may not share your account, impersonate others, or register using false information.

Your Secrets are encrypted in your browser with AES-256-GCM before they reach our servers, and we store only ciphertext. For Premium and Gold Secrets, the key is derived from a password only you know and that we never receive; Zero-Knowledge Secrets are wrapped only to your Trustees’ keys. For those tiers, we cannot read your Secrets.

Important: because of this design, if you lose your password, master password, or other key material, we cannot recover or reset it, and the affected Secrets will be permanently inaccessible. You are solely responsible for remembering and safeguarding your key material. We are not liable for any loss of data resulting from lost credentials.

• You choose your Trustees and which Secrets each may receive. It is your responsibility to keep Trustee names, contact details, and your check-in settings current.
• The dead man’s switch relies on you responding to check-in reminders. If you do not check in within your configured window and grace period, the trigger will fire and your Trustees will be granted access to their assigned Secrets.
• We facilitate delivery but do not independently verify a Trustee’s identity, relationship to you, or the authenticity of any document beyond the workflow provided. You accept the risk inherent in designating Trustees.
• We make commercially reasonable efforts to deliver Secrets and send reminders, but we do not guarantee that triggering, notifications, or delivery will occur without delay, error, or interruption. Do not rely on the Service as your sole means of transferring critical information.

You agree not to use the Service to:

• store or transmit content that is unlawful, or that infringes the rights of others;
• upload material you do not have the right to store or share;
• attempt to access another user’s account or vault, or probe, scan, or breach our security;
• interfere with, overload, or disrupt the Service or its infrastructure;
• use the Service to facilitate fraud, money laundering, or any other illegal activity.

We may suspend or terminate accounts that violate this section.

• Testamently offers a free plan and paid plans. Paid plans are billed in advance through our payment processor, Stripe, on the cycle shown at checkout.
• Unless stated otherwise, paid plans renew automatically at the end of each term. You can cancel at any time from your account settings; cancellation takes effect at the end of the current paid period.
• Except where required by law, fees are non-refundable and partial periods are not pro-rated.
• We may change plan pricing or features with reasonable advance notice. Changes do not affect the term you have already paid for.

We work to keep the Service available and reliable, but it is provided on an “as is” and “as available” basis. We may modify, suspend, or discontinue any part of the Service, and we may perform maintenance that temporarily limits availability. We will give reasonable notice of material discontinuation of the Service and a means to export your data where feasible.

To the fullest extent permitted by law, the Service is provided without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that triggering and delivery will occur exactly as configured.

To the fullest extent permitted by law, Testamently and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or relating to your use of (or inability to use) the Service — including any failure, delay, or premature firing of the dead man’s switch, or any loss of Secrets due to lost credentials. Our total liability for any claim relating to the Service will not exceed the greater of (a) the amount you paid us for the Service in the twelve months before the claim, or (b) USD 100.

You agree to indemnify and hold Testamently harmless from any claims, losses, liabilities, and expenses (including reasonable legal fees) arising out of your misuse of the Service, your violation of these Terms, or your violation of any law or the rights of a third party.

You may stop using the Service and delete your account at any time from Settings. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service or other users. On termination, your right to use the Service ends; sections that by their nature should survive (including encryption limits, disclaimers, limitation of liability, and indemnification) will survive.

We may update these Terms as the Service evolves. For material changes we will notify you by email to your registered address or by notice in the Service at least 14 days before they take effect. Your continued use after the changes take effect constitutes acceptance.

These Terms are governed by the laws of the State of Israel, without regard to its conflict-of-laws rules. The courts located in the State of Israel will have exclusive jurisdiction over any dispute arising from these Terms or the Service, except where mandatory consumer-protection law gives you the right to bring proceedings in your place of residence.

Questions about these Terms? Contact us at legal@testamently.com.