Terms of Service
This policy is effective as of 07/01/2024
Previous updates:
11/09/2023
02/01/2024
04/01/2024
1. Ownership
All materials on the After Circle platform are exclusively owned by After Circle or its content suppliers. This includes but is not limited to texts, graphics, logos, icons, and images, all of which are protected under intellectual property laws. Unauthorized use is prohibited without express written consent from After Circle.
2. Acceptance of Terms
By accessing, browsing, or using the After Circle platform, users acknowledge that they have read, understood, and agreed to be legally bound by these Terms of Use. This agreement applies to all users of the platform, whether accessing it individually or on behalf of an organization. If accessing on behalf of an organization, the individual affirms they have the authority to agree to these terms on the organization's behalf.
3. Service Description
After Circle offers a unique service allowing users to prepare messages and instructions to be delivered posthumously, facilitating a continued connection with loved ones. Services include the creation, management, and delivery of messages, instructions for funeral arrangements, and posthumous advice on handling financial matters.
3.1. Subscription
- Users can subscribe to After Circle's services through various plans, each offering different levels of access to features. Subscriptions are governed by these Terms and are contingent upon successful payment and adherence to these provisions.
4. Account Information
Security of user accounts and confidentiality of login credentials rests with the user. You agree to immediately inform After Circle of any unauthorized use of your account or any other breach of security. After Circle will not be liable for any loss or damage arising from your failure to comply with this security obligation.
4.1. Registering for an account
When registering an account with After Circle, you agree to provide truthful, accurate, current, and complete information as prompted by the registration form. Failure to maintain accurate information may result in the termination of your account.
4.2. Your responsibility for your account
You are solely responsible for all activities occurring under your account and for maintaining the confidentiality of your account information. After Circle is not responsible for any loss or damage arising from your failure to comply with this provision.
4.3. Sending Emails on Behalf of User
After Circle maintains the right to send emails on behalf of our users for the full duration of the service, ensuring the timely and accurate delivery of your posthumous communications.
4.4. Authorization for Contact Clause
By accepting this agreement and using the services provided by After Circle, you (the "Member") grant After Circle an irrevocable, perpetual, and unrestricted right to contact any and all individuals whose contact information you have uploaded or entered into our system ("Contacts"). This authority includes the delivery of emails, messages, pictures, videos, and other forms of communication, both during your lifetime and posthumously, for up to fifty (50) years following your passing, in accordance with your pre-arranged instructions. This also includes the right to share contact information with partners or affiliates of After Circle for marketing and promotional purposes.
4.4.1 Purpose of Contact
The purposes for which After Circle may contact the Contacts include but are not limited to:
- Delivering messages prepared by you to be sent after your passing.
- Sending invitations and notifications concerning events related to your memorial or celebration of life.
- Any other communications pertinent to the execution of your final wishes as detailed in your account settings and preferences.
- Marketing, promotions, or conducting surveys on behalf of After Circle, its partners, or affiliates.
4.4.2 Consent and Responsibility
You affirm that you have obtained prior, express consent from all individuals whose contact information you provide to After Circle, permitting such contact as described above. You acknowledge and agree that it is your responsibility to ensure the accuracy of the contact information and the clarity of the consent obtained from these individuals. You agree to indemnify and hold harmless After Circle from any claims, damages, or liabilities arising from After Circle's contact of the Contacts as per your authorization.
4.4.3 Compliance with Laws
After Circle will comply with all applicable laws and regulations in the execution of the authorized contacts, including but not limited to those pertaining to privacy, telecommunications, and data protection. After Circle commits to maintaining the confidentiality and security of all contact information provided and will use such information solely as authorized under this agreement.
4.4.4 Member’s Capacity to Contract
You represent and warrant that you are of legal age and capacity to enter into this agreement and to create binding instructions for actions to be taken by After Circle, including those that may be carried out after your death.
5. Price and Taxes
Prices for After Circle's services are subject to change without notice. All prices listed exclude applicable taxes, which will be added to your total charge based on your billing address. Users are responsible for all applicable taxes.
6. Method of Payment
After Circle accepts payments through most major credit cards and PayPal, facilitated by our payment processor, Stripe. All services are activated upon successful processing of payment.
6.1. Refunds
Given the nature of digital services, all payments to After Circle are final and non-refundable. Users are encouraged to review their subscription choices carefully before making a payment.
6.2. Monthly Payments in Case of Passing
Should a user pass away, any ongoing monthly payments will continue as per the original payment plan until all scheduled payments have been completed.
7. Security
After Circle employs industry-standard measures to protect the personal information of our users. Despite our efforts, no method of transmission over the Internet or method of electronic storage is 100% secure, and we cannot guarantee absolute data security.
8. Changes to This Terms of Service
After Circle reserves the right, at its sole discretion, to revise these Terms at any time. By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised Terms.
9. Governing Law
These Terms and any disputes related to these Terms are governed by the laws of the State of Florida, USA, without regard to conflict of law principles.
10. How to Contact Us
If you have any questions or suggestions about this Terms of Service, do not hesitate to contact us at terms@aftercircle.com