Terms of Service

Last updated: January 21, 2026

These Terms of Service (“Terms”) govern your use of the Say It Last application, website, and related services (collectively, the “Service”) provided by Say It Last, LLC (“Company”, “we”, “us”, or “our”). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, please discontinue use of the Service.

1. Eligibility

You must be at least 13 years of age to use the Service. If you are under the age of 18, you represent that you have obtained consent from your parent or legal guardian. By using the Service, you confirm that you have the legal capacity to enter into a binding contract.

2. Accounts

To use certain features, you must create an account. You agree to provide accurate and complete information and keep it updated. You are solely responsible for:

  • Maintaining the confidentiality of your login credentials.

  • All activity under your account, whether authorized or not.

  • Immediately notifying us of any unauthorized use or breach of security.

We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.

3. User Content

The Service allows you to upload, create, or share content such as text, documents, or images (“User Content”). You retain ownership of your User Content, but by uploading it you grant the Company a worldwide, non-exclusive, royalty-free license to store, display, and process the content solely to provide and improve the Service.

You represent and warrant that you have all necessary rights to upload User Content and that it does not:

  • Violate any intellectual property rights, privacy rights, or applicable laws.

  • Contain harmful, defamatory, obscene, or illegal material.

  • Disrupt or interfere with the Service’s functionality.

We may remove or disable access to any User Content that violates these Terms at our sole discretion.

4. Intellectual Property

All logos, trademarks, designs, visual elements, text, code, and other proprietary materials (“Company Content”) are the exclusive property of Say It Last, LLC. You may not copy, reproduce, distribute, or create derivative works without our prior written consent. Nothing in these Terms grants you rights to use our trademarks or branding except as permitted within the Service.

5. Purchases and Subscriptions

  • In-App Purchases: The Service may offer digital goods, features, or upgrades available through in-app purchases.

  • Subscriptions: Certain features require a recurring subscription. Free trials may be offered; once expired, charges will apply unless canceled before renewal.

  • Billing: All payments are processed by app stores or payment processors. We do not store full payment information.

  • No Refunds: Except where required by law, payments are non-refundable.

6. Promotions and Contests

From time to time, we may run promotions, contests, or sweepstakes. These will be subject to additional rules communicated at the time. By participating, you agree to those additional terms.

7. Feedback

If you provide suggestions, ideas, or feedback, you grant us the right to use them without compensation or credit. Such contributions are not confidential and may be used to improve the Service.

8. Prohibited Uses

You agree not to misuse the Service, including but not limited to:

  • Engaging in fraudulent, abusive, or illegal activity.

  • Attempting to gain unauthorized access to the Service or related systems.

  • Uploading malware, viruses, or malicious code.

  • Using the Service to harass, abuse, or harm others.

  • Reselling, sublicensing, or redistributing the Service without authorization.

9. Termination

We may suspend or terminate your access immediately, without notice, if you breach these Terms or engage in harmful activity. Upon termination, your right to use the Service will cease immediately. Certain obligations, including indemnities, intellectual property, disclaimers, and limitations of liability, shall survive termination.

10. Disclaimers

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. We disclaim all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will be uninterrupted, secure, or error-free.

11. Limitation of Liability

To the maximum extent permitted by law, Say It Last, LLC shall not be liable for indirect, incidental, special, or consequential damages arising out of your use or inability to use the Service. Our total liability shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Say It Last, LLC and its officers, employees, and affiliates from any claims, damages, or expenses arising out of your use of the Service, User Content, or violation of these Terms.

13. Governing Law

These Terms are governed by the laws of the State of Georgia, United States, without regard to conflict of law principles. Any disputes shall be resolved in accordance with Section 21 (Arbitration and Waiver of Class Actions), and to the extent court proceedings are permitted, exclusively in the courts located in Cobb County, Georgia.

14. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the Service or by email. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

15. No Professional Advice

The Service is provided for informational and organizational purposes only. Say It Last does not provide legal, financial, tax, estate-planning, medical, or end-of-life advice. You acknowledge that any decisions made based on content stored or delivered through the Service are your sole responsibility, and you should consult qualified professionals for advice specific to your situation.

16. Digital Legacy and Content Release

The Service allows users to store and release personal information to designated trusted contacts based on user-defined triggers or settings.

You acknowledge and agree that:

  • We do not verify a user’s death, incapacity, or status.

  • We do not monitor user wellbeing or activity.

  • Release of content depends on system configuration, timing, and third-party delivery services.

  • Failure to release content due to user settings, inactivity, technical limitations, or delivery failures does not constitute negligence or breach of duty.

·        We do not guarantee alerts, reminders, notifications, or delivery will occur within any specific timeframe.

17. Trusted Contacts

You are solely responsible for selecting your trusted contacts and ensuring their information is accurate. We do not guarantee the identity, behavior, or actions of any trusted contact and are not responsible for misuse, disclosure, or reliance on released content by such individuals.

18. Data Transmission and Availability

While we use reasonable safeguards, we do not guarantee that User Content will always be available, delivered, or accessible without interruption. Data transmission, email delivery, PDF generation, or notification failures may occur due to technical issues or third-party services. You acknowledge and accept these risks. User Content may be deleted or become inaccessible due to account termination, prolonged inactivity, legal requirements, or system limitations.

19. Third-Party Services

The Service may rely on third-party platforms, including app stores, payment processors, hosting providers, and communication services. We are not responsible for outages, errors, data loss, or service interruptions caused by third parties. App store platforms (including Apple and Google) are third-party beneficiaries of these Terms solely for purposes of this section and are not responsible for the Service.

20. Force Majeure

We are not liable for failure or delay in performance resulting from events beyond our reasonable control, including acts of God, natural disasters, power failures, internet outages, government actions, or failures of third-party service providers.

21. Arbitration and Waiver of Class Actions (Please Read Carefully)

Arbitration Agreement

You and Say It Last, LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration, rather than in court, except that either party may bring claims in small claims court if the claims qualify.

Arbitration will be conducted on an individual basis by a neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in Cobb County, Georgia, unless the parties agree otherwise. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Say It Last, LLC.

Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to info@sayitlast.com within thirty (30) days of first creating an account. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. Opting out will not affect your ability to use the Service.

Exceptions

Nothing in this section prevents either party from seeking injunctive or equitable relief for misuse of intellectual property or unauthorized access to the Service.

This arbitration provision shall survive termination of your account or use of the Service.

22. Contact Us

If you have questions about these Terms, contact us:

23. App Store & Google Play Terms

Apple is not responsible for the Service and has no obligation to furnish any maintenance or support services. Any claims, losses, liabilities, damages, costs, or expenses attributable to failure of the Service are the sole responsibility of Say It Last, LLC. Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these

Refunds for purchases made through Google Play are subject to Google Play’s refund policies and procedures.