ENGLIM STUDIOS PTE. LTD.
Welcome to the My Afterwords mobile application software (“App“), operated by us, Englim Studios Pte. Ltd. (UEN: 202017221G) (“Company”, “we” or “us”).
PLEASE READ AND REVIEW THESE TERMS CAREFULLY.
- represent and warrant that you are at least eighteen (18) years old (this is required unless you are using or accessing the App and/or the Services as a Recipient), and have legal authority to accept these Terms.
If not, you must not use the App and/or Services.
We license you to use the App and/or Services in accordance with these Terms.
In return for your agreeing to comply with these Terms you may:
- download or stream a copy of the App onto your mobile device and view, use and display the App and the Service on your mobile device for your personal purposes only; and
- receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
Please note that any use or purchase from any business affiliated with the App and/or Services may be subject to different and/or additional terms for such respective service or business.
Please also note that the ways in which you can use the App and/or Services may also be controlled by the appstore’s rules and policies, which will apply instead of these Terms where there are differences between the two.
1. The Services & Additional Definitions:
1.1. The Company offers various services in connection with the App, mainly, a platform where Members (as defined below) can leave behind Messages (as defined below) for their Recipients (as defined below) to access through the App, only after the Member’s Passing (as defined below), subject to these Terms. The Services also include various features, including yearly reminders to Members to update the Messages, and message previews, editing, deleting, searching, file encoding and (if and where such function is available) downloading.
- Informer – a person appointed by a Member through the App to, inter alia, notify the Company through the App of a Member’s passing, subject to these Terms. It is hereby clarified that a person shall be deemed as an “Informer” by the Company only following such person’s acceptance of his responsibilities hereunder by registration with the App, and his acceptance of these Terms, as the Informer appointed by such Member.
- Member – a person who registers for an account on the App to leave behind Messages for Recipients.
- Member’s Passing – a Member’s passing as notified to the Company through the App. The Company is under no obligation to undertake any verification process, and assumes no responsibility and/or liability, whether directly and/or indirectly, regarding the truthfulness or accuracy of the date of the Member’s passing as notified to the Company by any Informer.
- Messages – messages written by a Member on the App for his Recipients, including any Free Message (as defined under Clause 6.1 below).
- Personal Details – personal information provided by a User as part of his registration to or use of the Services, whether as a Member, an Informer or a Recipient, and whether with respect to himself and/or with respect to any other person, which may include without limitation, names, e-mail addresses, gender, date of birth, occupation, marital status, phone number, and address.
- Recipient – any person for whom Messages are written by a Member as designated through the App.
- User – any person who registers for an account on the App and/or uses the Services, whether as a Member, an Informer or a Recipient.
1.2. In order to access the App or the Services (including to create Messages), you must first register for an account on the App by providing your e-mail address and choosing a password.
1.3. As a User, you are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, or password of another User at any time, or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
2. Important terms of the App’s Operation & Functionalities of the Services
2.1. Appointment of Informers – Individuals who wish to leave behind Messages for their Recipients will need to first register for an account on the App as a Member.
The contents of all Messages, and all Personal Details and other information specified in the Member’s account must be kept updated by the Member himself during his lifetime. A Member must update or otherwise confirm the contents of all Messages and information specified in the Member’s account details as may be required by the Company within two (2) months of receiving a yearly reminder from the Company through the App and/or e-mail, failing which the Company reserves the right to discontinue the Services and/or delete all Messages previously accessible through such account from the server.
A Member must appoint at least two (2) Informers to notify the Company through the App of his passing.
The Company will send to each Informer an e-mail at their designated e-mail address(es), as specified in the Member’s account, notifying them that they have been appointed by the Member as an Informer.
The Company will only regard such appointment as valid upon the Informers’ acceptance of these Terms and registration of an account with the App in their capacity as the Member’s Informers, and the onus is on the Member to procure that they do so. Where the Informers fail to do so and/or where fewer than two (2) Informers have been validly appointed, the Company assumes no responsibility and/or liability, whether directly and/or indirectly, regarding the notification (or non-notification) or release (or non-release) of any Messages.
At the point of registration of an account with the App, Informers will be identified as the relevant Members’ Informers by their designated e-mail address(es), as specified in the Member’s account. All Informers’ e-mail addresses must be kept updated by the Member himself during his lifetime. The Company is under no obligation to verify whether such e-mail addresses are accurate, updated or are valid and assumes no responsibility and/or liability, whether directly and/or indirectly, regarding the notification (or non-notification) or release (or non-release) of any Messages, where such e-mail addresses are inaccurate, not updated or are invalid.
For the avoidance of doubt, the Company is under no obligation to undertake any verification process, and assumes no responsibility and/or liability, whether directly and/or indirectly, regarding the identities of the Users, whether as a Member, an Informer or a Recipient.
Subject to these Terms, should the Company choose to discontinue the App or the Services, Members will be notified at least one (1) month in advance.
2.2. Reporting of a Member’s passing – A notification of a Member’s passing must be sent by any one of the Informers appointed by a Member to the Company, through the App. It is hereby clarified that the onus is on the Informer to notify the Company through the App of the Member’s passing, and that the Company is under no obligation to make any inquiry as to whether a Member has passed away. Further, the Company is not obliged to undertake any verification process, and assumes no responsibility and/or liability, whether directly and/or indirectly, regarding the truthfulness or accuracy of the notification made to it from any Informer in accordance with the foregoing provisions and/or any consequences of such notification, or any failure by the Informer to notify the Company of the Member’s passing.
Following such receipt, only the relevant Recipient will be able to view and (if and where such function is available) download the Messages left to him through the App, in accordance with Clause 2.4 below. The Informers will not be able to view or (if and where such function is available) download such Messages.
For the avoidance of doubt, it is in the relevant Recipient’s sole discretion whether to view or (if and where such function is available) download Messages left for the Recipient, and the Company cannot and does not warrant or guarantee that he will do so. Unless required by law, the Company is not obliged to grant any third party access to the Messages, including the Member’s estate upon his Passing.
2.4. Notification of Recipients
Following receipt of notification regarding a Member’s Passing, the Company will send to each of them an e-mail at their designated e-mail address(es), as last specified in the Member’s account during his lifetime, that will notify such Recipient that the Member had left them certain Messages on the App, and invite such Recipient to enter the App which will provide him with the option, upon and subject to his acceptance of these Terms and registration of an account on the App, to view and (if and where such function is available) download the Messages that were left for him on the App.
All e-mail addresses must be kept updated by the Member himself during his lifetime. The Company is under no obligation to verify whether such Recipients’ e-mail addresses are accurate, updated or valid and assumes no responsibility and/or liability, whether directly and/or indirectly, regarding the notification (or non-notification) or release (or non-release) of any Messages, where such Recipients’ e-mail addresses are inaccurate, not updated or invalid.
Subject to these Terms (including without limitation Clause 2.1 and Clause 6), upon a Member’s Passing, the Messages will be stored on the App (but will be accessible only through the Recipient’s account and not the Member’s account) at no charge for a period of at least one (1) year from the Member’s Passing, after which the Company reserves the right to delete all such Messages from the server, at the Company’s sole and absolute discretion.
3. The Content and Sharing of Messages
3.1. The Company’s Services allow Members to leave behind and share Messages with their Recipients. If you are a Member, please think carefully about what you submit to the App and/or Services and choose to share with your Recipients.
3.2. As a User, you acknowledge and agree that the content of Messages does not have any legal effect as a will and does not reflect, and shall not constitute any evidence of, the Member’s testamentary intentions in any way. You are solely responsible for any Messages, Personal Details and other content submitted by you to the App. You hereby represent and warrant that you shall not copy, submit, download or share content unless you have the right to do so (including but not limited to information regarding your Informers and Recipients, where applicable). In addition, you represent and warrant that all content you submit to the App is accurate and complete, and does not infringe any laws or rights of other third parties, including without limitation, any intellectual property right and privacy rights; and that you have the consent, release, and/or permission of each person referenced or depicted in the Messages, Personal Details and other content submitted by you to the App to submit, transmit, publish, sublicense, and/or disseminate their details through such Messages, Personal Details and other content.
3.3. Members retain all of their ownership rights in their Messages. However, by submitting or transmitting any Messages using the App or the Services, Members hereby grant to the Company, its affiliates and service providers, a non-exclusive, royalty-free and worldwide license, consent and authorisation to use such Messages in any way they may reasonably choose for the purposes of or in connection with the App or providing the Services, including to host, index, cache, tag, copy, transmit, excerpt, create derivative works from and modify such Messages, in any form or media now known or hereinafter developed, as well as to share Messages with Informers and Recipients, and/or publish, distribute and display such Messages, as indicated in such Member’s account. As a material condition for using the Services, you hereby warrant to us that you have all necessary rights and consents to grant such licence for such purposes.
3.4. Subject to the Company’s sole discretion, the Company may, but is not obliged to, review your conduct while using the Services and the content of any Messages or other content originated from you, and may at any time suspend or cancel a User’s account, or block, delete, terminate access to, or remove any Messages where the Company, in its sole discretion, considers there to be non-compliance with any of the requirements of these Terms and/or applicable law. The Company does not endorse, and expressly disclaims any and all liability in connection with, any Messages or other content submitted by Users to the App.
3.5. You acknowledge and agree that you are solely responsible for backing up any Messages submitted to, or any other content or data used in connection with, the App, to protect yourself in case of problems with the App or the Services.
4. Intellectual Property Rights
4.1. With the exception of Messages and Personal Details, all content of the App and the Services, including but not limited to the text and images thereof and their arrangement, are owned, controlled, duly attained or licensed by or to the Company and are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. As against you, the Company retains by ownership, control or license all title and interest in the intellectual property rights contained in any of its materials and software on the App and the Services, including but not limited to copyright, database rights, trade dress, service marks, website graphic design, graphics, user interfaces, visual interfaces, photographs, text, documents, descriptions, products, interactive features, videos, user submissions, button icons, trademarks, logos, trade or business names, goodwill associated with any of the foregoing, sounds, artwork, computer code, design, structure, selection, coordination, organization, arrangement and other matters related to the App, and other similar rights or contents or obligations whether registered or not in any jurisdiction in the world. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these Terms.
4.2. The copying, reproduction, use, modification or publication by you of any such materials or any part of the App and/or Services in any form or by any means is strictly prohibited, unless otherwise expressly provided for in these Terms. By accepting these Terms, you hereby undertake not to do so and/or attempt to do so and/or assist anyone else in doing so. In case you wish to copy, print, save or download any content and/or information solely for your personal use, you may do so provided that you retain all copyright and other proprietary notices contained therein.
4.3. You agree not to modify, rent, lease, sell, distribute, or create derivative works based on the App or the Services, in any manner, and you shall not exploit the App or the Services in any unauthorised way.
4.4. All other trademarks not owned by the Company or its subsidiaries that appear on the App or Services are the property of their respective owners.
5. Links to third-party websites
6.1. Users on the App may leave one Message of one thousand five hundred (1,500) characters for one Recipient, free of charge (“Free Message”). Any other Messages, whether for the first Recipient or other Recipients, will be chargeable during the Member’s lifetime. The Company reserves the right, in its absolute discretion, to withdraw or to modify this Free Message offer at any time without prior notice and with no liability.
6.2. Certain features and functionality of the Services (such as additional Messages of more characters) may be available only for certain paid subscription options offered by the Company as may be amended from time to time, depending on their terms. Currently, two paid subscription options are available: a monthly recurring subscription option and an annual recurring subscription option. All purchases (particularly those of subscription options) are final, and subject to applicable law, you are not entitled to receive any refund of or compensation for any amounts paid (or part thereof), under any circumstances, except for incorrect charges. If you believe that you have been incorrectly charged, please contact the Company at firstname.lastname@example.org in writing within thirty (30) days of the received receipt containing the charge in question.
6.3. Suspension or Cancellation – A User’s account will remain in effect until it is suspended or cancelled, whether by the User, or by the Company for any reason.
If a Member’s subscription has expired for at least two (2) months, if a Member’s billing information and payment source is invalid or if charges billed to him are declined, or where a User’s account is cancelled or suspended, the Company reserves the right to discontinue the Services and/or delete all Messages previously accessible through the account from the server, at the Company’s sole and absolute discretion, and the Company is not obliged to grant any person access to the Messages otherwise accessible through such account, including the Member, or the Recipients upon the Member’s Passing.
The Company reserves the right to suspend or end your use of the App or Services, suspend or cancel your account and/or delete all Messages from the server, at any time in its sole discretion and without notice, if you are not complying with these Terms, or use the App or Services in a manner that would cause the Company legal liability, disrupt the App or Services or disrupt others’ use of the App or Services, or in the event the Company is obliged to do so according to any applicable law.
Subject to applicable law, the Company reserves the right to terminate the App or Services at any time and without notice.
6.4. Deactivated Account. Following receipt of notification regarding a Member’s Passing and in accordance with the terms of Clause 2.4 above: (i) the Member’s account will become a deactivated account after the Member’s Messages are transferred to the Recipient’s account, and (ii) the Member’s Messages will be stored on the App (but will be accessible only through the Recipient’s account and not the Member’s account) at no charge for a period of at least one (1) year from the Member’s Passing.
7. Prohibited Uses
7.1. You agree not use the App or the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or to harm, threaten, harass, abuse, stalk, defame or otherwise infringe or violate the rights of any third party or person and/or organization, including the Company (for example, our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these Terms), nor to build similar services or websites or applications. You must not: (i) use the App or the Services in any manner that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system; (ii) resell, redistribute, rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services, in any form, in whole or in part thereof to any person without prior written consent from us; (iii) frame or utilize, directly or indirectly, any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and/or its affiliates; and (iv) use any meta tags or any other hidden text utilizing the Company’s trademarks or name.
7.2. In addition, under any circumstance you shall not: (i) use the App or the Services in any manner or for any purpose other than as expressly permitted by these Terms; (ii) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (iii) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iv) store or transmit inappropriate content, including without limitation content containing unlawful, defamatory, offensive, threatening, pornographic, abusive, libellous or otherwise objectionable material of any kind or nature; (v) store or transmit any content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, or spyware. (vi) modify, decompile, reverse engineer, disassemble, publish, create derivative works, copy, distribute, disseminate, transmit, broadcast, display, license, sell, use any of the App’s or Services’ content or frame the App within any other site, nor use meta-tag searches or perform any activity that would damage the operation of the App or otherwise exploit for any purposes whatsoever the App’s content, information and source-code, including attempt to derive the source code of, modify, or create derivative works of the license, including any updates or any part thereof (except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;); (vii) collect content or information from the App or Services or our systems, or otherwise access the App, by using any automated means, including without limitation, “spiders”, “offline readers”, “robots”, and “scrapers”; (viii) disrupt the servers or networks connected to the App or running any Service, or attempt to decipher any transmissions to or from such servers or networks; (ix) disable, circumvent, directly or indirectly, or otherwise interfere with security related features and contents of the App or features and contents that prevent or restrict use or copying of any content or that enforce limitations on use of the App; (x) harvest or collect any personal identifiable information from the App; and (xi) use the App, directly or indirectly, for any commercial purposes or commercial solicitation purposes.
8. Warranty Disclaimers
8.1. The App and Services are provided “as is”, “as available,” and “with all faults,” and are used only at the User’s sole risk, to the fullest extent permissible by law. The Company disclaims any and all warranties, express or implied, of any kind, regarding the App and/or Services (including without limitation its software, functionality, or of any content contained therewith), as to title, non-infringement, accuracy, completeness, accessibility, compatibility, suitability, reliability, availability, timeliness, quality, merchantability, fitness for a particular purpose or lack of viruses.
8.2. You agree that any information you provide or content you submit to the App may be lost or destroyed (whether as a result of hacking, server crashes or otherwise), and that the Company is not responsible for the same.
9. Limitation of Liability
9.1. To the fullest extent permitted by law, in no event will the Company or any of its subsidiaries, affiliates, officers, executives, directors, employees, licensors, agents, representatives, and shareholders be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages arising from your use of the App or any other claim related in any way to the Services (including any and all actions or inactions by a respective Informer), nor to any emotional or physical distress, sorrow, grief, loss of use, data, goodwill, reputation, opportunity, personal injury, social harm, business, or profits, regardless of the legal or equitable theory upon which the claim is based, even if advised or warned of the possibility thereof in advance. We are also not responsible for events outside our control.
9.2. To the fullest extent permitted by law, your first and exclusive remedy is to discontinue your use of the App, the Company’s aggregate liability for any actual damages and all claims relating to the Services or arising from or related to the App, whether in contract or tort or otherwise, shall be limited to the aggregate amount actually paid by you to the Company in the one (1) year immediately preceding the bringing of the claim against the Company. You further consent and agree that any claim or cause of action which you may have with respect to the Company and/or its affiliates, officers, executives, employees, agents, and shareholders must be commenced within one (1) year after the claim or cause of action arises.
10.2. This Clause shall survive any termination of these Terms.
11. Resolving Disputes
We want to address your concerns. Before filing a claim against the Company, you agree to try to resolve the dispute by contacting us at email@example.com. We will try to resolve the dispute informally by contacting you via e-mail. If a dispute is not resolved within thirty (30) days of submission, you or the Company may bring a formal proceeding.
12.1. Governing Law & Dispute Resolution. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it, including any question as to its validity, existence or termination, shall be governed by the laws of Singapore, and shall be referred to and finally resolved by arbitration in the Singapore International Arbitration Centre (“SIAC“) in accordance with the Arbitration Rules of the SIAC for the time being in force, which rules are deemed to be incorporated by reference in this Clause 12.1. The seat of arbitration shall be Singapore. The tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
12.2. Entire Agreement. These Terms constitute the entire agreement between you and the Company with respect to the Services, and supersede and replace any other prior or contemporaneous agreements.
12.5. Operational Updates. From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
12.6. Operating System Requirements. This App requires a smart mobile phone with a minimum of 1GB of memory and the Android/iOS operating system Android 4.1/iOS 9, and a Google Account/Apple Account for online subscription.
12.7. No Transfer of App or Services. We are giving you personally the right to use the App and the Services. You may not transfer the App or the Services to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
12.8. Transfer of Rights and Obligations. We may transfer our rights and obligations under these Terms to another entity. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
12.9. Contact us. We are here to help, so if you have any questions, claims, requests or any other kind of information that you would like to share with us, please contact us at firstname.lastname@example.org.
Last updated: 7 November 2020