# MyFinalMessage — Terms of Service

**Effective Date:** May 26, 2026
**Last Updated:** May 26, 2026

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> [!IMPORTANT]
> By creating an account on MyFinalMessage, you confirm that you have read, understood, and agree to be bound by these Terms of Service in their entirety. If you do not agree, you must not register an account or use the Service.

---

## Table of Contents

1. [Acceptance of Terms](#1-acceptance-of-terms)
2. [Eligibility](#2-eligibility)
3. [Account Registration & Security](#3-account-registration--security)
4. [Service Description](#4-service-description)
5. [Subscription Plans & Pricing](#5-subscription-plans--pricing)
6. [Proof of Life Check-In System](#6-proof-of-life-check-in-system)
7. [False Death Trigger Disclaimer](#7-false-death-trigger-disclaimer)
8. [Video Dispatch & Delivery](#8-video-dispatch--delivery)
9. [No Guaranteed Delivery](#9-no-guaranteed-delivery)
10. [No Estate / Legal Executor Status](#10-no-estate--legal-executor-status)
11. [User Content & License](#11-user-content--license)
12. [Recipient Download Consent](#12-recipient-download-consent)
13. [Prohibited Content & Acceptable Use](#13-prohibited-content--acceptable-use)
14. [Emergency Contact Obligations](#14-emergency-contact-obligations)
15. [Family Plan Terms](#15-family-plan-terms)
16. [Data & Privacy](#16-data--privacy)
17. [Payment & Billing](#17-payment--billing)
18. [Refund Policy](#18-refund-policy)
19. [Account Deletion & Data Retention](#19-account-deletion--data-retention)
20. [Data Export](#20-data-export)
21. [Termination](#21-termination)
22. [Limitation of Liability](#22-limitation-of-liability)
23. [Indemnification](#23-indemnification)
24. [Force Majeure](#24-force-majeure)
25. [Modifications to Terms](#25-modifications-to-terms)
26. [Governing Law & Jurisdiction](#26-governing-law--jurisdiction)
27. [Assignment & Business Transfer (Sale of Company)](#27-assignment--business-transfer-sale-of-company)
28. [Business Continuity & Operational Succession](#28-business-continuity--operational-succession)
29. [Severability](#29-severability)
30. [Entire Agreement](#30-entire-agreement)
31. [Contact Information](#31-contact-information)

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## 1. Acceptance of Terms

**1.1 Binding Agreement.** These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and MyFinalMessage, an online legacy message vault service operated from Turkey, operating the MyFinalMessage platform accessible at **myfinalmessage.info** ("the Platform," "the Service," "we," "us," or "our"). These Terms govern your access to and use of every feature, function, and content area of MyFinalMessage.

**1.2 Checkbox Consent at Registration.** During the account registration process, you will be required to affirmatively check a checkbox stating: *"I have read and I agree to the MyFinalMessage Terms of Service and Privacy Policy."* Checking this box and completing registration constitutes your explicit, informed, and voluntary acceptance of these Terms. This act of acceptance is logged with a timestamp and associated with your account record.

**1.3 No Passive Acceptance.** Mere use of myfinalmessage.info without completing registration and providing checkbox consent does not constitute acceptance of Terms. However, once you have registered and consented, these Terms apply to all your subsequent use of the Service regardless of whether you are actively logged in.

**1.4 Capacity to Contract.** By accepting these Terms, you represent and warrant that you have the full legal capacity to enter into a binding contract under the laws of your jurisdiction. If you are acting on behalf of a legal entity, you represent that you have the authority to bind that entity.

**1.5 Age Verification.** By checking the acceptance checkbox, you affirmatively represent that you are at least 18 years of age. MyFinalMessage does not knowingly provide services to individuals under 18.

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## 2. Eligibility

**2.1 Minimum Age.** You must be at least **18 years of age** to register for or use MyFinalMessage. By registering, you represent and warrant that you meet this age requirement. If we discover or have reasonable cause to believe you are under 18, we will immediately suspend or terminate your account and delete all associated data without notice.

**2.2 Legal Capacity.** You must have the legal capacity to enter into contracts under the laws of your country of residence. Persons who have been declared legally incapacitated or are under legal guardianship may not use the Service.

**2.3 No Prior Ban.** You must not have been previously banned, suspended, or permanently removed from MyFinalMessage for a violation of these Terms or applicable law. Attempting to circumvent a ban by registering a new account is a violation of these Terms and will result in immediate termination of the new account.

**2.4 Sanctions Compliance.** You must not be located in, ordinarily resident in, or acting on behalf of any entity or individual located in a country or territory subject to comprehensive trade or economic sanctions administered by the U.S. Office of Foreign Assets Control ("OFAC"), the European Union, or the United Nations. Access from sanctioned jurisdictions is automatically blocked by our payment processor, Dodo Payments, Inc. (operating as Dodo Payments) Attempting to circumvent sanctions-based restrictions using VPNs, proxies, or other means is strictly prohibited and constitutes grounds for immediate termination.

**2.5 Lawful Purpose.** You must access and use the Service only for lawful purposes and in accordance with these Terms. You represent that your use of the Service does not violate any law, regulation, or treaty applicable to you.

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## 3. Account Registration & Security

**3.1 Accurate Information.** When creating your MyFinalMessage account, you agree to provide accurate, current, and complete information, including your full legal name, a valid email address, and any other information requested during registration. You agree to promptly update this information to keep it accurate and current at all times.

**3.2 One Account Per Person.** Each individual is permitted to hold one personal MyFinalMessage account. Creating multiple accounts to circumvent restrictions, obtain multiple free trials, or evade a ban is prohibited. Family Plan sub-accounts created by a Family Plan owner are distinct accounts administered under the Family Plan and do not violate this rule.

**3.3 Password Security.** You are solely responsible for creating a strong, unique password for your MyFinalMessage account and for maintaining the confidentiality of your credentials. You must not share your password with any third party. MyFinalMessage will never ask you for your password via email or customer support communications.

**3.4 Account Security Obligations.** You agree to: (a) log out of your account at the end of each session on shared or public devices; (b) notify us immediately at **support@myfinalmessage.info** if you become aware of any unauthorized access to or use of your account; and (c) accept responsibility for all activities that occur under your account, whether or not authorized by you, unless you have notified us of unauthorized access and we have had a reasonable opportunity to act on that notification.

**3.5 Account Authentication.** Your account is authenticated using our custom secure authentication system, which uses industry-standard cryptographic techniques (including bcrypt password hashing and JSON Web Tokens). We do not currently support third-party OAuth sign-in providers.

**3.6 Email Deliverability Responsibility.** Your registered email address is the primary channel through which MyFinalMessage sends Proof of Life check-in emails. It is your responsibility to ensure that emails from **support@myfinalmessage.info** and the MyFinalMessage platform domain are not filtered into your spam or junk folder. Failure to receive check-in emails due to filtering or an incorrect email address on file is your responsibility, not the Platform's.

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## 4. Service Description

**4.1 Nature of the Service.** MyFinalMessage is a **digital legacy vault and posthumous video dispatch platform**. It allows registered users to record or upload personal video messages, designate specific recipients for each video, configure a Proof of Life ("POL") check-in schedule, and store those videos encrypted and securely in the cloud. Upon verified user inactivity that meets the platform's escalation threshold, the platform dispatches stored videos to their designated recipients.

**4.2 Digital Legacy Vault.** MyFinalMessage stores your uploaded video messages in an encrypted vault hosted on Google Cloud Storage ("GCS") in the europe-west1 region (Saint-Ghislain, Belgium). Each video file is encrypted client-side in your browser using AES-256-GCM before upload, with keys wrapped using AES-KW. No unencrypted ("plaintext") version of your video is ever transmitted to or stored on our servers or persistent storage.

**4.3 Proof of Life ("POL") System.** MyFinalMessage operates an automated Proof of Life monitoring system. At intervals you select during account setup, the platform sends you a check-in email. Your response to this email (or your click of the "I'm OK" button within it) resets the inactivity timer. If you do not respond, the platform escalates through a defined sequence of emails and emergency contact notifications before triggering dispatch. The full escalation sequence is described in Section 6.

**4.4 Video Dispatch Engine.** Upon confirmed or presumed user death (as defined in Section 6), MyFinalMessage's Video Dispatch Engine retrieves the encrypted video metadata, decrypts the unique dispatch secret using Google Cloud KMS, and re-wraps the Data Encryption Key (DEK) for the recipient. Decrypted key material is served transiently to the recipient's browser, enabling client-side decryption of the video content. The server never decrypts the video content itself, and no plaintext copy is ever stored on the server. Secure, time-limited streaming and download links are delivered to your designated recipients via email using Amazon Simple Email Service ("Amazon SES"), operated by Amazon Web Services, Inc. ("AWS"). SMS notifications are currently not supported or are disabled.

**4.5 Not a Surveillance or Wellness Service.** MyFinalMessage is not a real-time wellness monitoring service, a crisis intervention service, or a medical service. It does not provide emergency services. If you or someone you know is in immediate danger or experiencing a medical emergency, contact the relevant emergency services in your jurisdiction.

**4.6 Platform Availability.** We will make commercially reasonable efforts to maintain platform availability, but we do not guarantee 100% uptime. The Service is provided "as is" and "as available" subject to the limitations in Section 22.

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## 5. Subscription Plans & Pricing

**5.1 Overview of Plans.** MyFinalMessage offers three subscription tiers:

| Plan | Price | Duration | Videos per Account | Recipients per Video | Sub-Accounts |
|---|---|---|---|---|---|
| **Free Trial** | $0.00 | 14 days | 1 | Up to 3 | None |
| **Essential** | $20.00 (one-time) | Lifetime | 3 | Up to 3 | None |
| **Family** | $60.00 (one-time) | Lifetime | 3 per member | Up to 3 | Owner + 3 sub-accounts |

**5.2 Free Trial.** The Free Trial provides 14 calendar days of full access to a single video slot with up to 3 designated recipients. The Proof of Life dispatch system is active during the trial period. No payment information is required to start a Free Trial. At the end of 14 days, if no paid plan has been purchased, the trial expires. Expired trial accounts and all associated data are auto-deleted 180 days after trial expiry, as described in Section 19.

**5.3 Essential Plan.** The Essential Plan is a **one-time payment** of **USD $20.00** (or equivalent in your local currency where accepted). It provides lifetime access to MyFinalMessage with 3 video slots, each supporting up to 3 designated recipients. There are no monthly or annual recurring charges. "Lifetime" means for as long as the Platform continues to operate.

**5.4 Family Plan.** The Family Plan is a **one-time payment** of **USD $60.00** (or equivalent in your local currency where accepted). It provides lifetime access for one owner account and up to 3 sub-accounts created by the owner, for a total of 4 accounts. Each member (owner and each sub-account holder) has their own 3 video slots with up to 3 designated recipients per video. Sub-account data is strictly isolated from the owner; see Section 15. There are no monthly or annual recurring charges.

**5.5 Plan Upgrades.** Free Trial users may upgrade to the Essential Plan or Family Plan at any time before or after trial expiry. Essential Plan users may upgrade to the Family Plan by paying the difference or the full Family Plan price, as displayed on the Platform at the time of upgrade.

**5.6 No Hidden Fees.** All prices displayed on myfinalmessage.info are inclusive of applicable platform fees. We do not charge setup fees, maintenance fees, or storage fees beyond the stated plan prices. Any applicable taxes (VAT, GST, sales tax, etc.) are your responsibility and may be added at checkout depending on your jurisdiction.

**5.7 Currency.** Payments are processed in USD by default. Where Dodo Payments supports local currency acceptance and it is legally permissible, local currency pricing may be displayed. All currency conversions and exchange rate risks are borne by the User.

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## 6. Proof of Life Check-In System

**6.1 Purpose.** The Proof of Life ("POL") check-in system is MyFinalMessage's mechanism for distinguishing between a living user who simply has not logged in and a user who may have died. The system is fully automated and operates without any human review at any stage of the escalation sequence.

**6.2 Check-In Interval Selection.** During account setup, you must select a check-in interval from the following options: **1 month, 2 months, 3 months, 6 months, 9 months, 12 months, 18 months, 2 years, 3 years, 4 years, 5 years, 6 years, or 8 years.** This interval represents the period of inactivity (no check-in response) after which the escalation sequence begins. You may update your chosen interval at any time from your account settings.

**6.3 Escalation Sequence.** If you do not respond to a check-in email by clicking the "I'm OK" button within the email or by logging into your account, the following automated escalation sequence is initiated:

| Step | Trigger | Action |
|---|---|---|
| **Step 1** | Your chosen interval has elapsed with no check-in | First check-in email sent to your registered email address (Day 0 of the escalation cycle) |
| **Step 2** | 7 days after Step 1 with no response | Reminder 1 check-in email sent to your registered email address (Day 7) |
| **Step 3** | 14 days after Step 1 with no response | Reminder 2 check-in email sent to your registered email address (Day 14) |
| **Step 4** | 21 days after Step 1 with no response | Pre-escalation warning email sent warning of next-day contact notification (Day 21) |
| **Step 5** | 22 days after Step 1 with no response AND emergency contacts are configured | Notification emails sent to all configured emergency contacts (Day 22) |
| **Step 6** | Emergency contact confirms user is alive → timer resets | OR: emergency contact confirms death OR does not respond within 7 days → account marked **Presumed Deceased** (Day 29) |
| **Step 7** | Account marked Presumed Deceased | 48-hour cooldown window activated before the Video Dispatch Engine runs (Day 29-31) |

**6.4 Cancelling Escalation.** At any point before the end of the 48-hour cooldown window (Step 5), you may cancel the escalation sequence by clicking the "I'm OK" button in any of the check-in emails or by logging into your MyFinalMessage account and confirming your activity. Doing so immediately resets the inactivity timer to zero and restarts the check-in interval countdown from the beginning.

**6.5 Accounts Without Emergency Contacts.** If you have not configured any emergency contacts when the escalation sequence reaches Step 3, the platform will skip the emergency contact notification step and will mark the account as Presumed Deceased directly after 29 days of inactivity, triggering the 48-hour cooldown window.

**6.6 Emergency Contact Notification Period.** Emergency contacts who are notified at Step 5 are given a 7-day response window to respond. If no emergency contact responds within the response window, the platform treats this as confirmation of presumed death and proceeds to the 48-hour cooldown window.

**6.7 No Human Oversight.** The entire escalation and dispatch process is fully automated. No MyFinalMessage staff member reviews individual accounts to confirm or deny user death before dispatch is triggered. You acknowledge and accept this limitation.

---

## 7. False Death Trigger Disclaimer

> **READ THIS SECTION CAREFULLY. IT CONTAINS CRITICAL LIMITATIONS OF LIABILITY SPECIFIC TO THE AUTOMATED NATURE OF THE MYFINALMESSAGE PLATFORM.**

**7.1 Automated Systems Are Not Infallible.** The Proof of Life check-in system described in Section 6 is an **automated, algorithmic system**. It has no capacity to independently verify whether you are alive or deceased. It operates solely on the basis of whether a response is received to check-in emails within the defined escalation windows. **MyFinalMessage expressly does not guarantee that the system will always correctly distinguish between a living user who has simply not checked in and a user who has died.**

**7.2 User's Responsibility for Check-Ins.** **You are solely and exclusively responsible for responding to check-in emails sent to your registered email address within your chosen escalation window.** MyFinalMessage is not responsible for and shall not be liable for any consequences arising from your failure to respond to check-in emails, regardless of the reason for that failure. Reasons that do not excuse non-response include but are not limited to: hospitalization, travel, loss of internet access, change of email address, emails diverted to spam/junk folders, email account closure, and technical issues on your end.

**7.3 False Positive Dispatch Risk.** You acknowledge and accept that there exists a non-zero probability that the MyFinalMessage platform **may dispatch your video messages to your designated recipients while you are still alive** ("false positive dispatch"). This may occur if, for example: (a) you fail to respond to all four check-in emails and have not configured emergency contacts; (b) your emergency contacts do not respond or incorrectly confirm your death; (c) a technical failure prevents your "I'm OK" response from being registered by the platform; or (d) you change your email address without updating your account and therefore do not receive check-in emails.

**7.4 No Recall After Dispatch.** **Once your videos have been dispatched and the secure delivery links have been sent to your recipients, MyFinalMessage cannot recall, revoke, or unsend those messages.** Dispatched videos remain available to recipients for download and viewing for 30 days from dispatch, as described in Section 8. MyFinalMessage has no technical or operational mechanism to prevent a recipient from further sharing a downloaded copy of your video after dispatch.

**7.5 Explicit Assumption of Risk.** **By creating an account and using the MyFinalMessage Service, you explicitly, knowingly, and voluntarily assume the risk of false positive dispatch.** You agree that MyFinalMessage shall have no liability whatsoever — whether in contract, tort, equity, or otherwise — for any direct, indirect, special, incidental, consequential, reputational, emotional, or financial harm arising from a false positive dispatch of your video messages to your designated recipients.

**7.6 Emergency Contact Failure.** You acknowledge that even if you have configured emergency contacts, those contacts may: (a) not receive the emergency notification email due to spam filtering or email delivery failures; (b) not respond within the platform's response window; or (c) incorrectly confirm your death. **MyFinalMessage shall not be liable for any dispatch that occurs as a result of emergency contact failure or inaction.**

**7.7 No Guarantee of Death Detection.** Conversely, MyFinalMessage also does not guarantee that it will successfully detect your death. If you die but check-in emails continue to be opened and responded to (e.g., by someone who has access to your email account), the system will not trigger dispatch. MyFinalMessage has no independent mechanism to verify user death through vital records, obituaries, or any other external data source.

**7.8 Mitigation Advice.** To minimize the risk of false positive dispatch, we strongly advise you to: (a) configure at least one reliable emergency contact who understands the nature of the MyFinalMessage platform; (b) select a check-in interval that reflects your likely real-world checking patterns; (c) ensure your registered email address is current and actively monitored; (d) add the platform's sending addresses to your email whitelist; and (e) update your account settings whenever your life circumstances change.

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## 8. Video Dispatch & Delivery

**8.1 Dispatch Trigger.** Video dispatch is triggered when a user account is marked as "Presumed Deceased" following the completion of the escalation sequence described in Section 6. Once triggered, the Video Dispatch Engine processes all videos associated with the account that have been assigned at least one recipient.

**8.2 Decryption Process.** Your videos are stored in encrypted form on Google Cloud Storage using client-side AES-256-GCM encryption. Upon dispatch, the Video Dispatch Engine retrieves the encrypted video metadata, decrypts the unique dispatch secret using Google Cloud KMS, and re-wraps the Data Encryption Key (DEK) for the recipient using a transient token. The video content remains encrypted and is downloaded and decrypted client-side in the recipient's browser. At no point does the server decrypt the video content or have access to the plaintext video payload.

**8.3 Secure Delivery Links.** After server-assisted key re-wrapping, the Video Dispatch Engine generates a **unique, secure, time-limited delivery link** for each video-recipient pair. This link is sent to each designated recipient via email, delivered using Amazon SES (operated by AWS). SMS delivery notifications are currently not supported or are disabled.

**8.4 Link Validity Period.** Each delivery link is active for **90 calendar days** from the date and time of dispatch. Recipients may use this link to stream the video in their browser or to download the video file to their device. Streaming and downloading are both permitted.

**8.5 Link Expiry.** Upon expiry of the 90-day window, the delivery link is permanently deactivated and the temporary decrypted copy of the video (if any was created during delivery) is deleted from all platform systems. **Links cannot be extended or reactivated after expiry.** Recipients who have not accessed or downloaded the video within 90 days of dispatch will no longer be able to do so.

**8.6 Original Encrypted File.** After dispatch, the original encrypted video file remains in the user's encrypted vault on Google Cloud Storage and is marked with a "dispatched" status. It is not automatically deleted post-dispatch unless the account itself is deleted (see Section 19).

**8.7 Single Dispatch Per Video.** Each video is dispatched once per upload. There is no automatic re-dispatch mechanism. If you wish a video to be re-dispatched after account recovery from a false positive event, you must delete and re-upload the video.

**8.8 Dispatch is Irreversible.** Once the Video Dispatch Engine has generated and transmitted delivery links to recipients, the dispatch is irreversible. MyFinalMessage cannot prevent recipients from accessing or downloading content once the link has been delivered.

**8.9 Account Recovery After False Dispatch.** If you believe your account was falsely triggered for dispatch while you are still alive, you should contact us immediately at **support@myfinalmessage.info**. We will investigate and, where technically possible, reset your account's dispatch status. However, we cannot recall messages already delivered to recipients.

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## 9. No Guaranteed Delivery

**9.1 Email Delivery Failures.** MyFinalMessage dispatches video delivery links and all check-in and escalation emails using Amazon SES (operated by AWS). Email delivery is subject to factors outside our control, including but not limited to: recipient email server downtime, spam/junk filtering by recipient email providers, incorrect or outdated email addresses provided by the user, recipient mailbox storage limits, and sender reputation or filtering decisions by mailbox providers. **We do not guarantee that any email will be delivered to its intended recipient.** The User explicitly holds the platform harmless for any failed deliveries, corrupted storage files, or delayed dispatches resulting from cloud provider outages, network latency, or recipient email box rejections.

**9.2 SMS Delivery Disabled.** SMS delivery is currently not supported or is disabled on the platform. All check-ins and video dispatch notifications are delivered via email only. If SMS features are enabled in the future, delivery will be subject to mobile carrier network availability, carrier filtering, and active phone configuration.

**9.3 Platform and Infrastructure Outages.** The MyFinalMessage platform relies on third-party cloud infrastructure, specifically Google Cloud Platform ("GCP"), Google Cloud Storage ("GCS"), Cloud Firestore, and Google Cloud KMS, all operated by Google LLC. In the event of a GCP regional or global outage, platform features including check-in email dispatch, escalation processing, and video delivery may be unavailable or delayed. **We do not guarantee uninterrupted availability of any platform feature.**

**9.4 Link Expiry Without Access.** If a recipient does not access a delivery link within the 90-day window from dispatch, the link expires and the video is no longer accessible. MyFinalMessage will not re-issue expired links. **We do not guarantee that your recipients will access or view your dispatched videos.**

**9.5 Recipient Email Address Accuracy.** The accuracy of recipient email addresses and phone numbers is solely the user's responsibility. MyFinalMessage is not liable for non-delivery resulting from incorrect, outdated, or misspelled recipient contact information.

**9.6 No Delivery Receipt.** MyFinalMessage does not provide a legally admissible delivery receipt confirming that a recipient has viewed a video. Delivery logs maintained by Amazon SES may indicate whether an email was accepted for delivery or whether a bounce or complaint occurred, but these do not confirm that the recipient personally opened or viewed the content.

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## 10. No Estate / Legal Executor Status

> **IMPORTANT LEGAL NOTICE. PLEASE READ THIS SECTION IN ITS ENTIRETY.**

**10.1 MyFinalMessage is NOT a Will.** The videos, messages, and any other content you store or configure within MyFinalMessage do not constitute a legally valid last will and testament under any jurisdiction's laws. **MyFinalMessage is a video messaging service, not an estate planning or legal instrument service.** Content delivered through MyFinalMessage has no legal standing in probate proceedings, estate administration, or succession law unless independently recognized by a competent court.

**10.2 MyFinalMessage is NOT an Estate Executor.** MyFinalMessage does not act as, and shall not be construed to act as, an executor of your estate, a co-executor, an alternate executor, or an executor-in-fact under any circumstances. We do not manage, inventory, distribute, or administer assets, property, debts, or obligations of any kind on behalf of any user, living or deceased.

**10.3 MyFinalMessage is NOT a Fiduciary.** No relationship of fiduciary duty — including but not limited to trustee, guardian, agent, or power of attorney — exists or is created between MyFinalMessage and any user by virtue of these Terms or the user's use of the Service. MyFinalMessage owes no fiduciary duties to users, their heirs, their estates, or their designated recipients.

**10.4 MyFinalMessage is NOT a Legal Trustee.** MyFinalMessage does not hold assets, property, or legal interests in trust for any user or any third party. The encrypted videos stored on the platform are user data, not trust property. MyFinalMessage's storage of encrypted user videos does not create any trust relationship, constructive trust, or equitable obligation with respect to the contents of those videos or any assets referenced within them.

**10.5 No Legal Standing for Dispatched Content.** Instructions, expressions of intent, promises, bequests, or statements of any kind made within videos dispatched by MyFinalMessage have no automatic legal force. If you wish to create a legally binding will, appoint an executor, establish a trust, or grant powers of attorney, you must do so through a qualified legal professional in your jurisdiction, entirely separately from and independently of MyFinalMessage.

**10.6 Heirs and Estates.** MyFinalMessage has no mechanism for recognizing, verifying, or interacting with the heirs, successors, or legal representatives of a deceased user's estate. Requests from family members, lawyers, or courts to access, transfer, or otherwise manage a deceased user's account content will be evaluated by MyFinalMessage on a case-by-case basis, subject to applicable Turkish law and any binding court orders issued by Turkish courts of competent jurisdiction.

**10.7 No Legal Advice.** Nothing in these Terms, the Privacy Policy, or any content on myfinalmessage.info constitutes legal advice. You should consult a qualified attorney in your jurisdiction for advice about estate planning, inheritance, and posthumous legal instruments.

**10.8 RUFADAA Online Tool Designation.** In accordance with Section 4 of the U.S. Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) and matching international digital inheritance frameworks, the configurations and instructions set by the User in the MyFinalMessage dashboard (specifically designated emergency contacts, recipient email addresses, and video dispatch rules) constitute a legally binding "online tool" direction. This direction takes absolute legal priority and supersedes any conflicting instructions, vetoes, or commands in a general Will, Trust, Power of Attorney, or probate document.

**10.9 Fiduciary Access Exclusion.** Because MyFinalMessage utilizes browser-side client-side encryption (E2EE), the platform custodian does not possess the user's account password, master keys, or decrypted video payloads. Fiduciaries, executors, next-of-kin, and legal heirs are contractually and technically barred from: (a) requesting password resets to gain direct account login; (b) demanding that the platform decrypt video contents; or (c) preventing the automated dispatch of videos to the user's designated recipients. Fiduciaries may only request the non-content "Catalog of Electronic Communications" (metadata including transaction histories, number of files, and registered status) by submitting a formal request containing a certified death certificate, Letters of Administration, proof of email ownership, and a notarized affidavit.

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## 11. User Content & License

**11.1 Ownership.** You retain full ownership of all videos, audio recordings, and any other content you upload or create within MyFinalMessage ("User Content"). These Terms do not transfer any intellectual property rights in your User Content to MyFinalMessage.

**11.2 License Grant to MyFinalMessage.** By uploading User Content to MyFinalMessage, you grant MyFinalMessage a **non-exclusive, worldwide, royalty-free, fully paid-up license** to: (a) store your User Content in encrypted form on Google Cloud Storage; (b) store and transmit your User Content in encrypted form; (c) transmit your User Content and generate delivery links as part of the Video Dispatch Engine upon triggering of the dispatch sequence; (d) perform server-assisted key re-wrapping strictly as necessary to accomplish the dispatch process; and (e) retain your User Content in encrypted form for as long as your account is active, in accordance with the data retention schedule in Section 19.

**11.3 Scope of License.** This license is limited strictly to the purposes described in Section 11.2. MyFinalMessage will not use your User Content for any marketing, advertising, training of machine learning models, research, or any purpose other than providing the Service to you. We will not make your User Content available to any person other than your designated recipients and, where applicable, your emergency contacts (notification-only, not video content).

**11.4 No Review of Content.** MyFinalMessage does not pre-screen, review, or moderate User Content before upload or dispatch. However, we reserve the right to remove content that violates these Terms (Section 13) if brought to our attention through a legally compliant report.

**11.5 User Representations Regarding Content.** By uploading User Content, you represent and warrant that: (a) you own or have the necessary rights and permissions to upload the content; (b) the content does not infringe any third party's intellectual property rights, privacy rights, or personality rights; (c) you have the consent of any third party who appears or is identifiable in the video; and (d) the content complies with Section 13 (Prohibited Content & Acceptable Use).

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## 12. Recipient Download Consent

**12.1 User's Consent to Recipient Download.** By designating recipients for your videos and uploading those videos to MyFinalMessage, **you explicitly and irrevocably consent to those designated recipients being able to both stream and download your videos** during the 90-day link-active period following dispatch. You understand and accept that once a recipient has downloaded a copy of your video, MyFinalMessage has no ability to control what the recipient does with that copy.

**12.2 Recipient's Use of Downloaded Content.** MyFinalMessage does not control and is not responsible for any further use, sharing, publishing, or distribution of your videos by recipients after download. To the extent you wish to impose restrictions on recipients' use of your video content, you must do so by personal arrangement with your recipients outside of the MyFinalMessage platform. MyFinalMessage is not a party to and cannot enforce any such arrangements.

**12.3 No Withdrawal After Dispatch.** Once your video has been dispatched and a recipient has downloaded it, your consent to that download cannot be retroactively withdrawn. If you wish to prevent download by a particular recipient before dispatch occurs, you must remove that recipient from your video's recipient list while your account is still active.

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## 13. Prohibited Content & Acceptable Use

**13.1 Absolute Prohibitions.** The following categories of content are strictly prohibited from being uploaded to, stored on, or transmitted through MyFinalMessage under any circumstances:

- **(a) Child Sexual Abuse Material ("CSAM"):** Any image, video, audio, or other representation of the sexual exploitation or abuse of a minor. Discovery of CSAM will result in immediate account termination, content deletion, and reporting to relevant law enforcement authorities and the National Center for Missing and Exploited Children (NCMEC) or its international equivalents.
- **(b) Terrorist or Extremist Content:** Content that incites, glorifies, promotes, recruits for, or provides material support to any terrorist organization, violent extremist group, or genocidal movement as designated by any recognized government or international body.
- **(c) Content Encouraging Self-Harm or Suicide:** Content that provides instructions for, glorifies, romanticizes, or actively encourages self-harm, suicide, or eating disorders in a manner likely to cause harm to a recipient. Note: Personal expressions of grief, farewell, or emotional vulnerability that do not explicitly encourage harmful behavior are not within this prohibition.
- **(d) Doxxing:** Content that publishes, distributes, or threatens to publish the personal identifying information (home address, phone number, financial information, etc.) of any individual without their consent.
- **(e) Malware and Cyberweapons:** Content containing or linking to malicious software, viruses, worms, ransomware, or any code designed to damage, disrupt, or gain unauthorized access to computer systems.
- **(f) Impersonation:** Content falsely representing the identity of another living or deceased person, organization, or government body in a manner intended to deceive.
- **(g) Revenge Pornography and Non-Consensual Intimate Imagery ("NCII"):** Any sexually explicit image or video of another person that was created or is being distributed without that person's explicit and ongoing consent.
- **(h) Illegal Instructions:** Content providing step-by-step instructions for committing crimes, synthesizing controlled substances, manufacturing weapons (including firearms, explosives, biological or chemical agents), or any other activity that is illegal under applicable law.
- **(i) Harassment and Threats:** Content that constitutes targeted harassment, credible threats of violence, or stalking of any specific individual or group.
- **(j) Hate Speech:** Content that dehumanizes, threatens, or incites violence against individuals or groups on the basis of race, ethnicity, national origin, religion, gender, sexual orientation, disability, or other protected characteristics.

**13.2 Platform Integrity.** You may not: (a) attempt to gain unauthorized access to any other user's account, data, or communications; (b) use the platform to conduct automated scraping, crawling, or data harvesting; (c) upload content that exceeds platform file size limits; (d) use the platform to send unsolicited commercial communications; or (e) circumvent, disable, or interfere with any security, encryption, or access control feature of the platform.

**13.3 Consequences of Violation.** Violation of Section 13.1 or 13.2 will result in immediate, permanent termination of your account without notice, without refund, and with deletion of all associated content. We reserve the right to report violations to law enforcement authorities in applicable jurisdictions.

---

## 14. Emergency Contact Obligations

**14.1 User's Responsibility for Accuracy.** You are solely responsible for ensuring that the names, email addresses, and phone numbers of your configured emergency contacts are accurate, current, and belong to real individuals who have the capacity to receive and act upon notifications from MyFinalMessage. MyFinalMessage does not verify the identity or availability of emergency contacts.

**14.2 Duty to Notify Emergency Contacts.** **You warrant and represent that you have informed each emergency contact you configure on MyFinalMessage that: (a) you have designated them as an emergency contact on the MyFinalMessage platform; (b) they may receive an email notification from the platform in the event that you do not respond to check-in emails; (c) that email will ask them to confirm whether you are alive or deceased; and (d) their response to that email may trigger the dispatch of personal video messages to third parties.** MyFinalMessage is not responsible for the surprise, shock, or distress that may be experienced by an emergency contact who receives a platform notification without prior knowledge or consent.

**14.3 No Verification of Consent.** MyFinalMessage does not independently verify that you have obtained your emergency contacts' awareness or consent to be contacted. The representation in Section 14.2 is solely your responsibility.

**14.4 Emergency Contact Data Handling.** Emergency contact data (name, email, phone number) is stored in Cloud Firestore and retained for as long as your account is active. Emergency contacts are not registered users of the platform and do not have their own MyFinalMessage accounts unless they independently register. Their data is processed under the legitimate interest basis (GDPR Art. 6(1)(f)) as described in the Privacy Policy.

**14.5 Consequences of Inaccurate Emergency Contact Data.** If emergency contact information is inaccurate, the escalation sequence will proceed to dispatch without emergency contact input (see Section 6.5). MyFinalMessage is not liable for any dispatch triggered by the failure to reach inaccurate emergency contact information.

---

## 15. Family Plan Terms

**15.1 Owner Responsibility.** The Family Plan owner is the individual who purchases the Family Plan and holds the primary account. The owner is solely responsible for: (a) payment of the Family Plan price; (b) creating sub-accounts for up to 3 additional members; (c) managing the billing and administrative aspects of the Family Plan.

**15.2 Sub-Account Creation.** Sub-accounts are created by the Family Plan owner by providing the email address of the intended sub-account holder. MyFinalMessage sends the sub-account invitation to the provided email address. The invited individual must independently accept these Terms and complete their own account setup before gaining access.

**15.3 Sub-Account Data Isolation.** **Sub-account data is strictly and technically isolated from the Family Plan owner and from other sub-accounts.** The Family Plan owner **cannot**: (a) view, access, or read any sub-account holder's uploaded videos; (b) view, edit, add, or remove a sub-account holder's designated recipients; (c) view, edit, add, or remove a sub-account holder's configured emergency contacts; (d) modify a sub-account holder's Proof of Life check-in interval; or (e) access any other settings, data, or communications of a sub-account holder. This isolation is enforced at the application and database security rules level.

**15.4 Sub-Account Autonomy.** Each sub-account holder operates their own independent MyFinalMessage instance with the same capabilities as an Essential Plan user (3 videos, up to 3 recipients per video, configurable POL interval). Each sub-account holder's POL escalation sequence operates independently of the owner's and of other sub-accounts.

**15.5 Owner Termination of Sub-Accounts.** A Family Plan owner may remove a sub-account from their Family Plan, which will result in the sub-account losing access to the Family Plan benefits. Removal of a sub-account does not automatically delete the sub-account's data; the sub-account holder will be notified and given the option to export their data or transition to a paid individual plan before their data is purged.

**15.6 Sub-Account Holder Agreement.** Each sub-account holder must independently agree to these Terms. The Family Plan owner's acceptance of these Terms does not bind sub-account holders.

---

## 16. Data & Privacy

**16.1 Privacy Policy.** Your privacy is governed by the MyFinalMessage Privacy Policy, available at **myfinalmessage.info/legal/privacy-policy** ("Privacy Policy"). The Privacy Policy is incorporated into these Terms by reference and forms part of your binding agreement with us.

**16.2 Data Controller.** MyFinalMessage, an online legacy message vault service operated from Turkey, is the Data Controller for all personal data processed through the MyFinalMessage platform.

**16.3 Applicable Law.** The processing of your personal data is governed by: (a) the General Data Protection Regulation (GDPR) (EU) 2016/679, where applicable to users in the European Economic Area; (b) the Turkish Personal Data Protection Law (Kişisel Verilerin Korunması Kanunu, "KVKK"), Law No. 6698, for all users; and (c) the California Consumer Privacy Act ("CCPA") as amended by the California Privacy Rights Act ("CPRA"), for California residents.

**16.4 Special Category Data.** You acknowledge that video and audio recordings uploaded to MyFinalMessage may contain your facial image and voiceprint, which may constitute biometric data and special category personal data under GDPR Article 9 and KVKK Article 6. The upload of such data requires your explicit consent, which is obtained as part of the registration and upload process.

---

## 17. Payment & Billing

**17.1 Payment Processor.** All payments for MyFinalMessage paid plans are processed by **Dodo Payments, Inc. (operating as Dodo Payments)** MyFinalMessage does not directly receive, store, or process your payment card information. Payment card data is handled entirely by Dodo Payments in accordance with Dodo Payments's own PCI-DSS compliance obligations and terms of service.

**17.2 One-Time Payments.** All paid MyFinalMessage plans (Essential: $20.00; Family: $60.00) involve a **single, one-time payment**. There are no recurring subscription charges, no auto-renewals, and no monthly or annual billing cycles. Your paid plan access is perpetual ("lifetime") subject to continued platform operation.

**17.3 No Stored Card Data.** MyFinalMessage does not store your credit card number, CVV, or full payment card details on its servers. MyFinalMessage stores only the Dodo Payments checkout transaction token (a non-sensitive reference identifier) and transaction metadata (amount, date, plan purchased) for accounting, tax, and customer support purposes.

**17.4 Accepted Currencies and Methods.** Payments are accepted in currencies and via payment methods supported by Dodo Payments in your jurisdiction. We accept all currencies where legally permitted. MyFinalMessage reserves the right to decline payments from jurisdictions subject to OFAC sanctions, which are automatically blocked by Dodo Payments.

**17.5 OFAC Sanctions Compliance.** MyFinalMessage uses Dodo Payments's built-in sanctions screening to automatically decline payment attempts from individuals or entities in OFAC-sanctioned countries or territories, or individuals on OFAC's Specially Designated Nationals (SDN) list. If your payment is declined for sanctions-related reasons, you will not be able to use paid features of the Platform.

**17.6 Payment Disputes.** If you believe you have been incorrectly charged, contact us at **support@myfinalmessage.info** before initiating a chargeback with your bank or card issuer. Chargebacks initiated without prior contact may result in immediate account suspension pending resolution.

---

## 18. Refund Policy

**18.1 General Policy.** Given the nature of digital services with immediate access upon purchase, all paid plan purchases on MyFinalMessage are generally **non-refundable**, except as required by applicable law.

**18.2 EU/EEA Statutory Right of Withdrawal (14-Day Cooling-Off Period).** If you are located in the European Union or European Economic Area ("EU/EEA"), you have the right to withdraw from your purchase within **14 calendar days** of the date of purchase ("cooling-off period") under the EU Consumer Rights Directive (Directive 2011/83/EU). To exercise this right, you must contact us at **support@myfinalmessage.info** within 14 days of purchase, clearly stating your intention to withdraw and providing your account email address and transaction reference. **By beginning to use the paid features of the Service before the expiry of the cooling-off period, you expressly request early commencement of the Service and acknowledge that your right of withdrawal will be lost once the service has been fully performed.** If you withdraw within the cooling-off period and have not yet made use of any paid features, a full refund will be issued.

**18.3 Refund Process.** Approved refunds will be issued to the original payment method via Dodo Payments. Processing time for refunds is typically 5–10 business days depending on your card issuer or bank.

**18.4 Plan Downgrade on Refund.** Upon approval of a refund: (a) your account will be downgraded to Free Trial status; (b) if the trial period has already expired, your account will be scheduled for deletion in accordance with Section 19.3; (c) any videos uploaded under the refunded plan that exceed Free Trial limits (1 video) will be deleted.

**18.5 No Partial Refunds.** MyFinalMessage does not offer partial refunds for unused portions of any plan or for account inactivity.

**18.6 Refund Contact.** All refund requests must be submitted by email to **support@myfinalmessage.info** with the subject line "Refund Request – [Your Account Email]."

---

## 19. Account Deletion & Data Retention

**19.1 User-Initiated Account Deletion.** You may request deletion of your MyFinalMessage account at any time through your account settings or by emailing **support@myfinalmessage.info**. Account deletion triggers an **immediate and irreversible purge** of the following data:

- All video files stored on Google Cloud Storage (encrypted blobs deleted)
- All metadata stored in Cloud Firestore (account data, check-in history, settings)
- All emergency contact records (name, email, phone number)
- All recipient records (name, email, phone number)
- All password hashes and active session tokens

**This action cannot be undone.** Once deleted, your data cannot be recovered. We strongly advise you to download any videos you wish to retain before requesting deletion (see Section 20).

**19.2 Post-Deletion Email Hash Retention.** Following account deletion, the **SHA-256 hash** of your registered email address is retained for a period of **2 years** for abuse prevention purposes, pursuant to our legitimate interest under GDPR Article 6(1)(f). This hash cannot be used to reconstruct your email address or any other personal data and is stored solely to prevent the same email address from being used to create a new Free Trial account during the 2-year period (re-registration block). After 2 years, this hash is permanently deleted.

**19.3 Expired Free Trial Accounts.** If your Free Trial expires and you have not purchased a paid plan:

- A **7-day warning email** is sent to your registered email address before data deletion begins.
- **180 days after trial expiry**, all files associated with your account are **automatically and permanently deleted** in their entirety, including all video blobs, metadata, emergency contacts, and recipient data.
- This auto-deletion cannot be halted after the 180-day post-expiry window has passed.

**19.4 Retention Schedule for Active Accounts.**

| Data Category | Retention Period |
|---|---|
| Encrypted video files (GCS) | Indefinitely while account is active, subject to 180-day post-dispatch dormancy delete |
| Emergency contact & recipient data | Indefinitely while account is active, subject to 180-day post-dispatch dormancy delete |
| Check-in history & account metadata | Indefinitely while account is active, subject to 180-day post-dispatch dormancy delete |
| Recipient-wrapped key material (post-dispatch) | 90 days from dispatch, then deleted |
| Original encrypted file (post-dispatch) | 180 days from dispatch, then deleted |
| Backup/audit logs | 90 days |
| Dodo Payments transaction receipts | 7 years (Turkish tax law compliance) |
| SHA-256 email hash (post-deletion) | 2 years |
| Raw PII (post-deletion) | 0 days — immediate purge |

**19.5 Dormancy and Post-Dispatch Account Deletion.** To prevent the indefinite storage of abandoned or undecryptable data and manage platform infrastructure costs, any account that transitions to the `presumed_dead` state and triggers the Video Dispatch Engine is subject to a final, permanent deletion schedule. Specifically:
- During the **90-day active window** following dispatch, recipients may stream or download the videos via their secure links.
- At the **90-day mark**, the secure dispatch tokens and recipient-wrapped DEKs are automatically deleted from Cloud Firestore, rendering the videos permanently undecryptable.
- Exactly **180 calendar days after the dispatch sequence was triggered** (providing a 90-day grace period post-link-expiry), the entire user account (including all original encrypted video blobs in GCS, user profile metadata, recipient data, emergency contacts, check-in history, password hashes, and session logs) will be **automatically and permanently deleted** from all active databases and cloud storage systems.
- For active paid accounts that do not have any videos uploaded or recipients configured, if the account transitions to `presumed_dead` and remains in that status for **180 days** without owner log-in or emergency contact veto, the account and all associated data will be automatically and permanently deleted under the same dormancy rules.

---

## 20. Data Export

**20.1 Right to Download.** You may download your own uploaded video files from your MyFinalMessage account at any time while your account is active. The Data Export function is accessible from your account dashboard.

**20.2 Format.** Videos are exported in their original uploaded format (e.g., MP4, MOV). MyFinalMessage does not guarantee the availability of conversion to alternative file formats.

**20.3 Before Deletion.** We strongly recommend exercising your data export rights before requesting account deletion or allowing your Free Trial to expire, as deletion is immediate and irreversible.

**20.4 GDPR Data Portability.** For users in the EU/EEA, the right to data portability under GDPR Article 20 is satisfied through the self-service video download function and data export request process described in the Privacy Policy.

---

## 21. Termination

**21.1 Termination by You.** You may terminate your use of MyFinalMessage at any time by deleting your account as described in Section 19. Account deletion terminates these Terms as between you and MyFinalMessage, except for provisions that by their nature survive termination (including Sections 7, 10, 11.3, 22, 23, and 26).

**21.2 Termination by MyFinalMessage.** We reserve the right to suspend or permanently terminate your account and access to the Service, with or without notice, in the following circumstances: (a) you have violated any provision of these Terms, including but not limited to Sections 2, 3, 13, or 17; (b) you have provided materially false information during registration; (c) your use of the Service creates legal, regulatory, or reputational risk for MyFinalMessage; (d) you have initiated a fraudulent chargeback; (e) we are required to do so by applicable law, court order, or regulatory authority.

**21.3 No Refund on Termination for Cause.** If your account is terminated by MyFinalMessage for cause under Section 21.2, **you are not entitled to any refund** of any amounts paid, and the paid plan benefits are immediately and permanently forfeited.

**21.4 Effect of Termination.** Upon termination of your account (whether by you or by us): (a) your right to access and use the Service immediately ceases; (b) your data will be deleted in accordance with Section 19; and (c) any video delivery links previously sent to recipients will remain active for the remainder of their 90-day validity period.

**21.5 Service Discontinuation — Full Wind-Down Procedure.** MyFinalMessage reserves the right to permanently discontinue the Service ("Shutdown"). In the event of a Shutdown, the following procedure will apply:

- **(a) Advance Notice:** We will provide a minimum of **90 days' advance written notice** to all registered users via email to their registered address, and will post a prominent notice on myfinalmessage.info.
- **(b) "Lifetime" Definition:** The term "Lifetime" in Sections 5.3 and 5.4 means for as long as the Service continues to operate under commercially reasonable conditions. "Lifetime" does not mean perpetual, irrespective of technical or financial feasibility. It does not confer any right to continued operation of the platform beyond what is commercially reasonable for a small business operator.
- **(c) Data Export Window:** From the date of the Shutdown notice, all active users will have the full 90-day notice period to download their videos using the self-service export function in their account settings. We will not restrict access to the export function during the notice period.
- **(d) Refunds:** Active paid plan users (Essential and Family) who have had less than 12 months of use from their purchase date at the time of the Shutdown notice will receive a full refund. Users with more than 12 months of use will receive a refund calculated in good faith and communicated in the Shutdown notice.
- **(e) Data Deletion Schedule:** Upon Shutdown, all remaining user data — including encrypted video files, Firestore metadata, and personal information — will be permanently deleted from all platform systems within **30 days** of the Shutdown date.
- **(f) No Liability for Business Failure:** MyFinalMessage is not liable for any loss arising from the discontinuation of the Service due to insolvency, force majeure, regulatory action, or any other cause beyond our reasonable control, provided that the notice and refund procedures above are followed to the extent reasonably practicable.
- **(g) Emergency Shutdown:** In the event of an emergency requiring immediate cessation of operations (e.g., a critical security breach), we may Shutdown with less than 90 days' notice. In such cases, we will provide notice as soon as reasonably possible and will honour the refund obligations in Section 21.5(d) to the best of our ability.

**21.6 Sensitive Content — Moderation Authority.** While MyFinalMessage does not proactively screen uploaded video content (as it is stored in encrypted form and is technically inaccessible to our staff), we reserve the right to investigate and take action — including immediate account suspension, content deletion, and law enforcement referral — upon receipt of a credible report that content stored on the platform violates Section 13 of these Terms, a binding court order, or applicable law. In the event we become aware of content constituting an imminent risk to life, we may take emergency action including disabling dispatch and notifying relevant authorities without prior notice to the account holder. You acknowledge that, notwithstanding our encrypted storage architecture, cooperation with valid legal orders may require us to initiate platform-level actions on your account, even without being able to access the content itself.

---

## 22. Limitation of Liability

**22.1 Disclaimer of Warranties.** THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MYFINALMESSAGE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

**22.2 Cap on Liability.** TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MYFINALMESSAGE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT PAID BY YOU TO MYFINALMESSAGE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (b) USD $20.00.

**22.3 Exclusion of Consequential Damages.** TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MYFINALMESSAGE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR REPUTATIONAL DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS; LOSS OF DATA; LOSS OF GOODWILL; LOSS OF BUSINESS OPPORTUNITY; EMOTIONAL DISTRESS; DAMAGE TO RELATIONSHIPS; OR DAMAGE ARISING FROM FALSE POSITIVE DISPATCH OF VIDEOS TO RECIPIENTS WHILE THE USER IS ALIVE.

**22.4 Essential Basis.** YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 22 REFLECT A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MYFINALMESSAGE. MYFINALMESSAGE WOULD NOT HAVE ENTERED INTO THESE TERMS WITHOUT THESE LIMITATIONS.

**22.5 Jurisdictional Variations.** Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for consequential damages. To the extent such exclusions or limitations are prohibited in your jurisdiction, they apply to the maximum extent permitted by applicable law in that jurisdiction.

---

## 23. Indemnification

**23.1 Your Indemnification Obligations.** You agree to defend, indemnify, and hold harmless MyFinalMessage, its owner, officers, employees, and agents ("Indemnified Parties") from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service in violation of these Terms; (b) any User Content you upload, including any claim that your User Content infringes any third party's intellectual property, privacy, or personality rights; (c) your breach of any representation or warranty made in these Terms; (d) your violation of any applicable law or regulation; (e) any harm caused to your emergency contacts or designated recipients arising from inaccurate information you provided; or (f) any false positive dispatch arising from your failure to respond to check-in emails.

**23.2 Indemnification Procedure.** We will provide you with prompt written notice of any claim for which we seek indemnification. You agree to cooperate reasonably with our defense of such claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

---

## 24. Force Majeure

**24.1 Excluded Events.** MyFinalMessage shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from circumstances beyond MyFinalMessage's reasonable control ("Force Majeure Event"), including but not limited to:

- (a) **Cloud Infrastructure Failures:** Outages, disruptions, or service degradations affecting Google Cloud Platform (GCP), Google Cloud Storage (GCS), Cloud Firestore, Google Cloud KMS, or any other Google infrastructure component on which MyFinalMessage relies;
- (b) **Email Delivery Infrastructure Failures:** Outages, disruptions, or service degradations affecting Amazon SES or AWS that prevent the transmission of check-in emails, escalation emails, or video dispatch notification emails;
- (c) **SMS Infrastructure Failures:** (Reserved for future compatibility; SMS delivery is currently disabled/unsupported on the platform);
- (d) **Internet Infrastructure Disruptions:** Global or regional internet routing failures, DNS failures, BGP routing anomalies, or major internet exchange point (IXP) outages;
- (e) **Natural Disasters:** Earthquakes, floods, fires, hurricanes, tornadoes, or other natural catastrophes affecting data center operations;
- (f) **Acts of War, Terrorism, or Civil Unrest:** Armed conflict, terrorism, riots, or government-mandated shutdowns;
- (g) **Pandemic or Public Health Emergency:** Government-declared health emergencies that materially affect platform operations;
- (h) **Cyberattacks:** Distributed denial-of-service (DDoS) attacks, ransomware attacks, or other malicious cyberattacks on MyFinalMessage's infrastructure that are not within MyFinalMessage's reasonable control.

**24.2 Notice and Mitigation.** In the event of a Force Majeure Event, MyFinalMessage will: (a) notify affected users by posting a notice on myfinalmessage.info or by email where feasible; and (b) use commercially reasonable efforts to resume normal service operations as quickly as possible.

**24.3 No Liability for Force Majeure Delay.** A Force Majeure Event shall suspend MyFinalMessage's obligations for the duration of the event. If the Force Majeure Event results in a failure to dispatch videos, MyFinalMessage shall not be liable for any resulting harm, and no refund shall be due solely on account of a Force Majeure delay.

---

## 25. Modifications to Terms

**25.1 Right to Modify.** MyFinalMessage reserves the right to amend, update, or replace these Terms at any time. Changes will be effective upon posting of the updated Terms to myfinalmessage.info/legal/terms-of-service, together with an updated "Last Updated" date.

**25.2 Notice of Material Changes.** For material changes to these Terms — meaning changes that significantly affect your rights or obligations — we will provide at least **30 days' advance notice** by sending an email to your registered email address. Non-material changes (such as typographical corrections, clarifications, or formatting updates) may take effect immediately upon posting.

**25.3 Continued Use as Acceptance.** If you continue to use the Service after a material change takes effect, you will be deemed to have accepted the updated Terms. If you do not agree with any update to the Terms, you must stop using the Service and may delete your account before the updated Terms take effect.

**25.4 Version History.** We will maintain an accessible version history of previous Terms of Service at myfinalmessage.info/legal/terms-history.

---

## 26. Governing Law & Jurisdiction

**26.1 Governing Law.** These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the Service (whether in contract, tort, equity, statute, or any other legal theory) shall be governed by and construed in accordance with the laws of the Republic of Turkey, without regard to its conflict of laws principles.

**26.2 Primary Jurisdiction.** You irrevocably agree that the state and federal courts located in Istanbul, Turkey shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or your use of the Service. You irrevocably submit to the personal jurisdiction of the courts of Istanbul, Turkey and waive any objection to the laying of venue in the Turkey.

**26.3 Informal Dispute Resolution (Mandatory First Step).** Before initiating any formal legal proceeding, you agree to first contact us at **support@myfinalmessage.info** with a written description of your dispute, the relief you seek, and your contact information. We will attempt to resolve the dispute within **30 calendar days** of receipt. This informal resolution step is a mandatory prerequisite to any formal legal proceeding. The 30-day informal resolution period tolls any applicable statute of limitations.

**26.4 Dispute Resolution by Individual Action Only.** All disputes must be brought on an individual basis only. **You waive any right to bring any claim as a plaintiff or class member in any purported class action, collective action, or representative proceeding.** This waiver applies to all claims, whether brought in court or before any arbitral body. If any court or arbitral body finds this waiver unenforceable as to a particular claim or request for relief, the parties agree that the court or arbitral body shall sever that claim or request and adjudicate it separately, with the class action waiver remaining in full force as to all other claims.

**26.5 EU Consumer Rights Preservation.** Nothing in Sections 26.2 through 26.4 shall deprive users located in the European Union or European Economic Area of the right to bring proceedings before the courts of their country of habitual residence or to benefit from mandatory consumer protection provisions of their local law, where such rights cannot be waived by contract under applicable EU law. EU users may also use the EU Online Dispute Resolution platform at **ec.europa.eu/consumers/odr** for disputes arising from online purchases.

**26.6 Turkish Consumer Rights Preservation.** Nothing in Section 26.2 through 26.4 shall deprive Turkish consumer users of their statutory rights under the Turkish Consumer Protection Law No. 6502 or related regulations, including the right to bring complaints before the Consumer Arbitration Committee (Tüketici Hakem Heyeti) for claims within the applicable monetary thresholds.


---

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## 27. Assignment & Business Transfer (Sale of Company)

**27.1 Unilateral Transfer Right.** MyFinalMessage may assign, transfer, or delegate its rights, duties, and obligations under these Terms, in whole or in part, to any parent company, subsidiary, affiliate, or acquiring entity in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of its assets, or change of control, without your prior written consent.

**27.2 Database & Content Transfer.** In the event of a merger, acquisition, corporate reorganization, or sale of all or substantially all of MyFinalMessage's assets (including an outright sale of the platform, codebase, domain, and data assets), the database containing your personal data, emergency contact data, recipient data, metadata, and encrypted video vault content will be transferred to the acquiring or successor entity as a core business asset. 

**27.3 Unrestricted Buyer/Successor Rights.** Upon such transfer, the acquiring or successor entity shall obtain full, unrestricted ownership and control over the service, codebase, database, and all transferred data. The buyer/successor shall not be bound by any operational, cryptographic, or policy constraints established under the prior administration. The buyer/successor reserves the absolute, unilateral right to: (a) modify, update, restructure, or replace these Terms of Service, the Privacy Policy, and any other platform rules in their entirety; (b) alter, modify, or dismantle the security, encryption, or dispatch architecture (including client-side end-to-end encryption features and check-in workflows); and (c) repurpose, govern, monetize, process, and utilize the database, user profiles, and all content for any commercial, operational, or legal business purposes they deem fit, subject only to providing users with notifications required by applicable data protection laws.

**27.4 No Personal Assignment.** You may not assign, transfer, sub-license, or delegate any of your rights or obligations under these Terms, including your account, subscription, or vault items, to any third party without our prior written consent. Any attempted assignment in violation of this section shall be null and void.

---

## 28. Business Continuity & Operational Succession

**28.1 Continuity of Service.** In the event of the death, incapacity, or withdrawal of the primary founder or individual manager of MyFinalMessage, the company's operating agreement and corporate charter mandate the transition of operational management and server administration to a designated successor manager.

**28.2 Preservation of Vault Contents.** The automated proof-of-life engines, GCP Cloud Run hosting, GCS vault storage, and Amazon SES dispatch network are configured to run autonomously. The transition of management will not affect the encryption, security, check-in schedules, or eventual dispatch of your stored videos, which remain protected by client-side end-to-end encryption.

---

## 29. Severability

**29.1** If any provision of these Terms is found by a court or regulatory authority of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms. The remainder of these Terms shall continue in full force and effect, and the invalid or unenforceable provision shall not affect the validity or enforceability of any other provision.

---

## 30. Entire Agreement

**30.1** These Terms, together with the MyFinalMessage Privacy Policy (incorporated herein by reference) and any plan-specific terms displayed to you at the time of purchase, constitute the **entire agreement** between you and MyFinalMessage with respect to the subject matter hereof. They supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral, between you and MyFinalMessage relating to the Service.

**30.2** No failure or delay by MyFinalMessage to exercise any right or remedy under these Terms shall constitute a waiver of that right or remedy. No single or partial exercise of any right or remedy shall preclude any other or further exercise of any right or remedy.

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## 31. Contact Information

**31.1 General Inquiries and Support:** All questions, support requests, complaints, refund requests, data subject requests, and legal notices should be directed to:

**MyFinalMessage**
Istanbul, Turkey
Email: **support@myfinalmessage.info**
Website: **myfinalmessage.info**

**31.2 Response Times.** We aim to respond to all inquiries within **5 business days** and to data subject requests (GDPR/KVKK/CCPA) within **30 calendar days** of receipt.

**31.3 Language.** These Terms are written in English. In the event of any inconsistency between an English version and any translated version of these Terms, the English version shall prevail.

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*MyFinalMessage — myfinalmessage.info*
*© MyFinalMessage. All rights reserved.*