1. Agreement to These Terms

These Terms of Service (“Terms”) are a legal agreement between you and Say It Last, LLC, a Georgia limited liability company (“Say It Last,” “Company,” “we,” “us,” or “our”). They govern access to and use of the Say It Last mobile application, website, and related services that link to or reference these Terms (collectively, the “Service”).

By creating an account, clicking to accept these Terms, downloading or accessing the application, or otherwise using the Service after being presented with these Terms, you agree to be bound by them. If you do not agree, do not use the Service.

The Privacy Policy explains how we handle Personal Information and is incorporated by reference where applicable.

2. Eligibility

You must be at least 13 years old to use the Service. If you are under the legal age of majority where you live, you may use the Service only with the involvement and permission of a parent or legal guardian who is authorized to agree to these Terms on your behalf.

You may not use the Service if applicable law prohibits you from receiving or using it. You represent that the information you provide about your age and eligibility is accurate.

3. Accounts and Security

You may need an account to use certain features. You agree to provide accurate, current information and to keep it updated.

You are responsible for:

• maintaining the confidentiality and security of your credentials, devices, and recovery methods;
• activity occurring through your account to the extent caused by your failure to protect your credentials or device;
• promptly updating your email address, phone number, Trusted Contact information, and other information that affects the Service; and
• notifying us promptly if you reasonably believe your account or credentials have been compromised.

Do not share credentials with a person who is not authorized to use your account. We may require additional verification before restoring access, changing security-sensitive settings, or responding to certain requests.

4. License and Company Materials

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for its intended purposes.

The Service, Say It Last branding, user interfaces, designs, text, graphics, software, and other materials made available by us are owned by or licensed to Say It Last and are protected by intellectual-property and other laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.

You may not copy, modify, distribute, sell, lease, reverse engineer, decompile, circumvent technical protections, create unauthorized derivative works from, or exploit the Service except to the extent applicable law expressly permits such activity despite this restriction.

5. User Content

The Service may allow you to create, upload, store, organize, preview, or release text, documents, images, instructions, contact information, and other materials (“User Content”). As between you and Say It Last, you retain the rights you have in your User Content.

You grant Say It Last a limited, non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, format, back up, and otherwise handle User Content only as reasonably necessary to provide, secure, maintain, support, and operate the Service, to carry out features you request, and to comply with law.

You represent and warrant that you have the rights and permissions necessary to provide User Content to the Service and to direct any release or disclosure you configure. You must not upload content that is unlawful, infringes another person’s rights, contains malware, or is provided without authority.

6. Trusted Contacts and Conditional Release

You are solely responsible for selecting your Trusted Contact or other recipient, entering accurate contact information, discussing the role with that person where appropriate, and keeping the designation current.

A Say It Last Trusted Contact is a recipient of information through the Service. The designation does not by itself make that person an executor, trustee, guardian, healthcare decision-maker, attorney-in-fact, fiduciary, account owner, beneficiary, or other legal representative.

The Service is designed to check on you before a release. A missed reminder or notification by itself does not necessarily cause a release. If you remain unresponsive and the configured timing or release condition is ultimately met, the Trusted Contact handoff may begin according to the Service flow and settings.

You understand and agree that:

• we do not independently verify your death, incapacity, detention, travel status, medical condition, or wellbeing;
• notifications, email delivery, push delivery, timing, recipient setup, authentication, PDF generation, downloads, and third-party systems may be delayed, interrupted, filtered, or fail;
• a release may occur when the configured condition is met even if you are actually safe but fail to respond;
• Preview My Report is a review feature and does not itself trigger, release, or send the report;
• once information is delivered to or downloaded by a Trusted Contact or other recipient, we cannot guarantee recall, deletion, or control of every copy; and
• you should maintain an appropriate human communication plan with your Trusted Contact, including what to do if a release was a false alarm.

7. Not an Emergency, Monitoring, Legal, Medical, or Financial Service

Say It Last is an organizational and conditional-release tool. It is not an emergency response system, medical-alert service, life-safety monitoring service, law-enforcement notification service, or substitute for calling emergency services.

If you or another person may be in immediate danger, contact local emergency services or an appropriate professional. Do not rely on the Service as the only way to communicate urgent medical, safety, legal, financial, or care instructions.

Say It Last does not provide legal, financial, tax, estate-planning, medical, insurance, mental-health, or other professional advice. The Service does not create a will, trust, power of attorney, healthcare directive, beneficiary designation, guardianship, fiduciary appointment, or other legal authority merely because information is stored in the Service.

You should obtain professional advice when your situation requires it and keep official documents with the professionals, institutions, people, or repositories appropriate for those documents.

8. Purchases, Subscriptions, Trials, and Refunds

Certain features may require a paid subscription, one-time purchase, or other paid plan. Prices, plan features, billing periods, trial terms, and renewal information presented at purchase form part of the transaction.

• Automatic renewal: recurring subscriptions renew according to the terms shown by the applicable app store or payment provider unless canceled before the renewal date.
• Payment processing: payments may be handled by Apple, Google, Stripe, or another processor. Their terms and privacy practices also apply.
• Cancellation: cancel through the platform or account method used for the purchase, subject to the instructions shown at purchase.
• Refunds: refunds are governed by the applicable purchase platform, these Terms, and applicable law. Nothing in these Terms limits non-waivable consumer rights.

9. Third-Party Services and App Stores

The Service may rely on or link to third-party services, including app stores, payment processors, hosting providers, authentication providers, communications providers, cloud infrastructure, and external websites. We do not control third-party services and are not responsible for their independent acts, outages, terms, or privacy practices.

If you download the application from Apple’s App Store, Apple’s Standard Licensed Application End User License Agreement applies unless a custom end-user license agreement is presented through App Store Connect. If you download from Google Play or another store, that store’s applicable terms also apply. Store terms control store-specific matters to the extent required by the platform or applicable law.

10. Prohibited Uses

You may not use the Service to:

• violate law or another person’s rights;
• harass, threaten, defraud, exploit, impersonate, or harm another person;
• upload malware or attempt unauthorized access to accounts, systems, or data;
• interfere with, overload, probe, scan, or circumvent Service security or technical restrictions;
• use automated means to scrape, harvest, or extract data except as expressly authorized by us;
• misrepresent your identity, authority, or relationship to another person;
• use released information for an unlawful purpose;
• resell, sublicense, or commercially redistribute the Service without written permission; or
• attempt to assist another person in doing any of the above.

11. Feedback

If you voluntarily provide product suggestions or feedback, you grant us permission to use that feedback without restriction or compensation, provided that this section does not transfer ownership of your User Content or permit us to publicly disclose your confidential User Content.

12. Service Changes, Maintenance, and Availability

We may modify, update, suspend, discontinue, or replace features to maintain, secure, improve, or operate the Service, or to comply with law. We may perform maintenance and may experience outages or delays.

Because Say It Last can involve information that matters during stressful events, you should not keep the only copy of an essential legal document, emergency instruction, access credential, or other time-critical record solely in the Service.

13. Suspension and Termination

You may stop using the Service at any time. You may request account deletion using available account controls or by contacting us, subject to legal, security, transaction-record, and backup exceptions described in the Privacy Policy.

We may suspend or terminate access when reasonably necessary to address a material breach of these Terms, fraud, abuse, security risk, unlawful activity, nonpayment, legal requirement, or harm to the Service or others. Where practical and legally permitted, we may provide notice or an opportunity to cure before termination.

Provisions that by their nature should survive termination—including ownership, payment obligations already incurred, disclaimers, limitations of liability, indemnification, dispute resolution, and certain licenses needed to complete authorized processing—will survive.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” SAY IT LAST DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, AVAILABLE AT A PARTICULAR TIME, OR THAT A REMINDER, RELEASE, MESSAGE, DOWNLOAD, OR THIRD-PARTY DELIVERY WILL ALWAYS OCCUR OR ARRIVE WITHIN A PARTICULAR TIMEFRAME.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAY IT LAST AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR USE, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO SAY IT LAST FOR THE SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US$100.

THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

16. Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Say It Last and its affiliates, officers, employees, and agents from third-party claims, losses, liabilities, and reasonable costs arising from your unlawful use of the Service, your User Content, your violation of another person’s rights, or your material breach of these Terms.

This obligation does not require you to indemnify us for our own fraud, willful misconduct, or liability that applicable law does not allow us to shift to you.

17. Informal Dispute Resolution, Arbitration, and Class-Action Waiver

Informal resolution first

Before starting arbitration, either party must give the other a written notice describing the dispute and requested relief and must allow at least 30 days for a good-faith effort to resolve it. Notices to Say It Last may be sent to info@sayitlast.com with the subject line “Legal Notice — Dispute.”

Agreement to arbitrate

Except for claims eligible for small-claims court and the limited exceptions below, you and Say It Last agree that disputes arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration rather than by a judge or jury in court. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement to the extent applicable.

Arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules, as modified by these Terms and subject to applicable law. Hearings may occur remotely, by telephone, on written submissions, or at a location required by the applicable AAA rules or law. Unless the parties agree otherwise and applicable rules permit, the arbitral seat will be Cobb County, Georgia.

Class-action waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND SAY IT LAST AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION.

Exceptions

Either party may bring an individual claim in small-claims court if it qualifies. Either party may seek temporary or preliminary injunctive relief from a court of competent jurisdiction to protect intellectual property, confidential information, account security, or against unauthorized access while arbitration is pending.

30-day opt-out right

You may opt out of this arbitration agreement by emailing info@sayitlast.com within 30 days after the first date you accept these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you are opting out of arbitration. Opting out of arbitration does not otherwise affect your use of the Service.

Severability of arbitration terms

If a court determines that a particular part of this arbitration section cannot lawfully be enforced, that part will be severed or limited to the minimum extent necessary, and the remainder will continue to apply, except that a determination invalidating the class-action waiver as to a particular claim will be handled as required by applicable law.

18. Governing Law and Courts

Except to the extent federal law or another non-waivable law applies, these Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law rules. For disputes that are not subject to arbitration and are not filed in small-claims court, you and Say It Last consent to the exclusive jurisdiction and venue of state or federal courts located in or serving Cobb County, Georgia, unless applicable law requires otherwise.

19. Miscellaneous

• Entire agreement: These Terms, the Privacy Policy, purchase terms presented at checkout, and any additional terms expressly accepted for a specific feature constitute the agreement between you and us regarding the Service.
• No waiver: Failure to enforce a provision is not a waiver of our right to enforce it later.
• Severability: If a provision is unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions will remain in effect.
• Assignment: You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, financing, reorganization, acquisition, sale of assets, or other business transaction, subject to applicable law.
• Export and sanctions compliance: You agree not to use or export the Service in violation of applicable U.S. export-control or sanctions laws.
• Electronic communications: You consent to receive legally permitted Service communications electronically. Where law requires a particular form of consent, we will request it separately.

20. Changes to These Terms

We may update these Terms from time to time. We will revise the effective date when we do. For material changes, we will provide additional notice and request renewed assent where required by applicable law or where the nature of the change makes renewed assent appropriate.

Changes will apply prospectively from their effective date unless applicable law permits otherwise.

21. Contact Us

Questions about these Terms may be sent to:

Say It Last, LLC
Email: info@sayitlast.com
Website: https://sayitlast.com/