1. Acceptance of Terms
Heirloom is a digital legacy planning and asset organization Heirloom Services that allows you to inventory, organize, and securely store information about their digital and physical assets, designate trusted contacts and beneficiaries, and configure release mechanisms that govern how and when designated individuals may access stored information.
These Website Terms of Use (these "Terms") govern your access to websites and related services operated by or on behalf of Heirloom ("Heirloom" "we" or "us"). These Terms are important and affect your legal rights, so please read them carefully.
By accessing or using www.mylifeheirloom.com and our various related websites and services (collectively, the "Heirloom Services"), you agree to be bound by these Terms and all of the terms incorporated herein by reference.
You must be 18 years of age or older and reside in the United States or any of its territories to use the Heirloom Services. By accepting these Terms, you represent that you have the legal authority to do so, and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Heirloom Services or any features provided therein.
By accessing or using the Heirloom Services, you represent and warrant that you have not been previously suspended or removed from the Heirloom Services or engaged in any activity that could result in suspension or removal from the Heirloom Services.
You should not construe Heirloom's publication of any content found on the Heirloom Services as an endorsement by Heirloom of the views expressed therein, or any warranty or guarantee of any strategy, recommendation, treatment or action made by the author of such content.
We may revise these Terms at any time for any reason and may provide you notice of these changes by any reasonable means, including through the Heirloom Services. You can determine when we last updated these Terms by referring to the "Last Updated" legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under applicable law, by continuing to access, browse or use the Heirloom Services, you agree to any revised Terms. If you do not agree to any revised Terms, you may not and we do not authorize you to use the Heirloom Services. We strongly recommend that you periodically visit this page to review these Terms.
2. User Registration
In order to access and use certain areas or features of the Heirloom Services, you will need to provide an email address for verification. Each registration is for a single user account only. You may choose to invite trusted contacts and beneficiaries to accept an invitation to gain scoped access to your account. You may create and maintain an account only if you are at least 18 years old, or the age of majority in your jurisdiction, and have the legal capacity to enter into these Terms.
You further agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use the Heirloom Services on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Heirloom Services. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate your current or future use of the Heirloom Services. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
By providing information and/or answering questions, you also consent to receive electronic communications from Heirloom (e.g., via email or by posting notices to the Heirloom Services). You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
3. Right to Access and Use the Heirloom Services and Content
Unless otherwise indicated in writing by us, the Heirloom Services and all content and other materials contained therein, including, without limitation, any Heirloom service mark or logo and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, "Content") are the property of Heirloom or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws.
Subject to these Terms, you are hereby granted a limited personal, revocable, non-exclusive, non-transferable, non-sublicensable right to access, view and make personal, non-commercial use of the Heirloom Services and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Heirloom Services or Content under these Terms, or any other rights thereto other than to use the Heirloom Services in accordance with the rights granted by, and subject to all terms, conditions and restrictions of these Terms.
You do not have any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Heirloom Services or Content, (b) distribute, publicly perform or publicly display the Heirloom Services or any Content, (c) modify or otherwise make any derivative uses of the Heirloom Services or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Heirloom Services or Content, except as expressly permitted by us, (f) use the Heirloom Services to stalk, threaten, or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity; (g) interfere with the Heirloom Services or servers or networks used in connection with the Heirloom Services; or (h) use the Heirloom Services or Content other than for their intended purposes.
Any use of the Heirloom Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the right of access and use granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly permitted herein, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of Heirloom or any third party, whether by estoppel, implication or otherwise.
You will not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit any Content.
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Heirloom Services (or any features or parts thereof) at any time.
4. Trademarks
The Heirloom logo, and any other Heirloom product or service names, trademarks, logos, or other indicia that may appear on the Heirloom Services ("Marks") are the property of Heirloom or its subsidiaries, affiliates or third parties, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Nothing contained in these Terms and/or the Heirloom Services shall be construed as granting, by implication or otherwise, any license or right to use any such Marks without the prior written permission of Heirloom or such third party that may own such Marks.
5. Legal Requirements; Privacy Policy
Our Privacy Policy describes how we handle the personal information you provide to us when you use the Heirloom Services. For an explanation of our privacy practices, please visit our Privacy Policy.
6. User Content
You are solely responsible and liable for all data, information, and other materials ("User Content") that you submit, upload, post, e-mail or otherwise transmit ("Transmit") in connection with the Heirloom Services. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation, republication) or misuse by any third party of information made public through the Heirloom Services. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.
You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another's privacy or racially, ethnically or otherwise objectionable; (b) Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, "spam," "chain letters," or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; or (c) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Heirloom Services.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Heirloom Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Heirloom Services at your sole cost and expense.
7. Uploaded Documents Are Not Legally Binding
Heirloom is an organizational and planning tool. Documents uploaded to the Heirloom Services, including but not limited to wills, trusts, power of attorney designations, healthcare directives, and other legal instruments, are stored for informational and reference purposes only.
No document uploaded to or stored on Heirloom constitutes a legally binding instrument. If a will, trust, or other legal document is uploaded to the Heirloom Services, the original signed hard copy of that document, executed in accordance with applicable law, remains the sole legally binding version. The uploaded copy stored on Heirloom cannot and should not be used to execute the wishes of the deceased or to establish legal rights of any party.
Heirloom does not provide legal advice. You are strongly encouraged to work with a qualified attorney to ensure their estate planning documents are properly executed, witnessed, and stored in accordance with the laws of their jurisdiction.
8. Rights in User Content
We do not claim any ownership interest in User Content. However, by uploading, posting or submitting User Content to the Heirloom Services or to our pages or feeds on third-party social media Heirloom Services (e.g., Heirloom's Facebook page, LinkedIn page or X formerly Twitter feed), you hereby grant Heirloom a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes. However, Heirloom will only share personal information that you provide in accordance with our Privacy Policy.
You agree that Heirloom may disclose or use any User Content for any purposes permitted under applicable law, including, but not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Heirloom, its customers or the public.
9. Feedback
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Heirloom, or the Heirloom Services (collectively, "Feedback"). Feedback shall become the sole property of Heirloom. Heirloom shall own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
10. Release Mechanisms and Beneficiary Access for Account Users
Heirloom employs configurable release mechanisms that govern when and how designated individuals may access your stored information.
By using the Heirloom Services as the account owner, you acknowledge and agree to the following:
10.1 Consent to Release Mechanisms. You consent to the release and trigger mechanisms employed by the Heirloom Services. When you designate trusted contacts or beneficiaries and configure release triggers, you authorize the Heirloom Services to make your stored information available to those designated individuals according to the rules and conditions you have configured.
10.2 Tiered Access Model. The Heirloom Services uses a tiered permission model to govern access. Trusted contacts designated for direct vault access ("Ring 2 members") may receive access to your stored information upon activation of a configured release trigger. Notification-only contacts ("Ring 3 members") may receive notifications regarding the release event as configured by you. The specific permissions, access levels, and notification behavior for each tier are described in the Heirloom Services documentation and may be updated from time to time.
10.3 Account User Responsibility. You are solely responsible for configuring your release mechanisms, designating your trusted contacts and beneficiaries, and assigning appropriate access levels. Heirloom is not responsible for the consequences of your configuration choices, including unintended access grants or notification omissions.
10.4 Verification Workflows. Access requests from designated contacts may be subject to identity verification workflows as implemented by the Heirloom Services. These workflows are designed to help prevent unauthorized access but do not guarantee absolute security.
11. Data Retention After Section 10 Release Event
Following the activation of a release event:
11.1 Time-Limited Access. Designated beneficiaries and trusted contacts will have access to your released information for a specified and limited duration of time, as determined by the Heirloom Services data retention policies in effect at the time of release. Access is not perpetual.
11.2 Subscription Cancellation. Upon activation of a release event, your active subscription will be canceled. No further subscription charges will be incurred.
11.3 Data Removal. After the designated access period expires, your data will be scheduled for deletion in accordance with the Heirloom Services data retention policy. Heirloom does not guarantee indefinite storage of any user data following a release event.
11.4 Export Recommendation. Designated beneficiaries are encouraged to download or export any needed information during the active access period, as data will not remain available indefinitely.
12. Third-Party Sites
We have not reviewed all of the websites linked to the Heirloom Services and are not responsible for the content of any third-party pages, any other websites linked to the Heirloom Services, or any products or services offered by third parties. Nothing in the Heirloom Services, including, without limitation, any links to other websites, should be construed as an endorsement by Heirloom of any products, services or information of any other persons or companies. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. Heirloom reserves the right not to link, or to remove the link, to a particular website at any time.
Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by Heirloom. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third-party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.
13. Indemnification
You shall indemnify, hold harmless, and, at Heirloom's option, defend Heirloom and its affiliates and subsidiaries from and against any and all losses, damages, liabilities, costs (including reasonable attorneys' fees) ("Losses") incurred by Heirloom resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Heirloom Services, any User Content, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Heirloom Services or any of its features. You further agree that Heirloom shall have control of the defense or settlement of any third-party claims unless Heirloom exercises its option to require you to defend Heirloom. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Heirloom.
14. General Disclaimers
THE HEIRLOOM SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HEIRLOOM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE HEIRLOOM SERVICES; (B) CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE HEIRLOOM SERVICES. HEIRLOOM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
HEIRLOOM DOES NOT REPRESENT OR WARRANT THAT THE HEIRLOOM SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE HEIRLOOM SERVICES OR THE SERVERS THAT MAKE THE HEIRLOOM SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. HEIRLOOM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE HEIRLOOM SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE HEIRLOOM SERVICES IS AT YOUR SOLE RISK. HEIRLOOM DOES NOT WARRANT THAT YOUR USE OF THE HEIRLOOM SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. HEIRLOOM SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.
BY ACCESSING OR USING THE HEIRLOOM SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE HEIRLOOM SERVICES.
15. Limitation of Liability; Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HEIRLOOM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE HEIRLOOM SERVICES (INCLUDING, BUT NOT LIMITED TO, USER CONTENT AND LINKS TO THIRD-PARTY WEBSITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM HEIRLOOM, OR FROM EVENTS BEYOND HEIRLOOM'S REASONABLE CONTROL, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF HEIRLOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF HEIRLOOM ARISING OUT OF OR IN ANY WAY RELATED TO THE HEIRLOOM SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE HEIRLOOM'S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
16. Termination
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Heirloom Services at any time and for any or no reason, and you acknowledge and agree that in such event we shall have no liability or obligation to you.
17. Governing Law and Jurisdiction
These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance, and enforcement, shall be governed by the laws of the State of Delaware, U.S.A., including its statutes of limitations, but without reference to conflict or choice of law provisions. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in Delaware shall not apply. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement shall be state and federal courts sitting in Delaware, and the parties agree not to raise, and waive, any objections or defenses based upon venue or forum non conveniens with respect to such courts.
18. Notice
All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Heirloom at the following contact: support@mylifeheirloom.com. Any notices to you may be made via either e-mail or postal mail to the address in Heirloom's records or via posting on the Heirloom Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Persons with disabilities who need assistance accessing these Terms may contact us as provided for in this Section, and depending on your individual needs, we will grant reasonable requests to furnish these Terms in an alternative format.
19. Severability
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
20. Procedure for Making Claims of Copyright Infringement
If you believe in good faith that any of the content on the Heirloom Services infringes your copyright, please provide our copyright agent the following written information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Heirloom Services; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Heirloom's copyright agent for notice of claims of copyright infringement can be reached as follows:
Heirloom
Attn: Oscar Velastegui
Oscar@mylifeheirloom.com
21. Miscellaneous
The Heirloom Services are hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer. These Terms constitute the entire agreement between you and Heirloom Services relating to your access to and use of the Heirloom Services. These Terms, and any rights granted hereunder, may not be transferred, or assigned by you without the prior written consent of Heirloom. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance, and Heirloom's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.