Last reviewed 21 April 2022

Introduction

Afterwords (“Afterwords.life”, “our”, “we”, or “us”) provides messaging and other services to users around the world.  You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”)

The Terms of Use of the Afterwords website and mobile app include these Terms and Conditions, the Privacy Policy and any other terms and conditions that appear in or are linked to the Afterwords website or mobile app (“Additional Terms and Conditions”).

The Additional Terms and Conditions that appear on the Afterwords website (or app) will govern your use of, and access to, certain sections of the Afterwords website (or app) where they appear. Since these Additional Terms and Conditions form part of the Terms of Use, you are bound by them and should review them wherever they are relevant to you when using the Afterwords website or app.

About our services

Registration. You must register for our Services using accurate data, provide your current email address, and, if you change these, update them using our in-app update feature. You agree to be sent emails in order to register for our Services.

Third party details. You provide us the names and email addresses of other persons, who are the recipients and custodians of your messages. You confirm you are authorized to provide us such information, to allow us to provide our Services.

Age. You must be age 13 years or older to use our Services (or such greater age required in your country for you to be authorised to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.

Fees and Taxes. You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law

Privacy policy and user data

Afterwords cares about your privacy. Afterword’s Privacy Policy describes our information (including message) practices, including the types of information we receive and collect from you and how we use and share this information. You agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information to the United States, Australia and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

Acceptable use of our services

Our Terms and Policies. You must use our Services according to our Terms and posted policies and failure to do so may lead to your account being disabled. If we disable your account for a violation of our Terms, you will not create another account without our permission.

Legal and Acceptable Use. You must access and use our Services only for legal, authorised, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Afterwords, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.

Harm to Afterwords or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, licence, sublicence, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.

Keeping Your Account Secure. You are responsible for keeping your device and your Afterwords account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

Licences

Your Rights. Afterwords does not claim ownership of the information that you submit for your Afterwords account or through our Services. You must have the necessary rights to such information that you submit for your Afterwords account or through our Services and the right to grant the rights and licences in our Terms.

Afterwords’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with our brand guidelines.

Your Licence to Afterwords. In order to operate and provide our Services, you grant Afterwords a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this licence are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers until 60 days after they are released, and otherwise as described in our Privacy Policy).

Afterwords’s Licence to You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable licence to use our Services, subject to and in accordance with our Terms. This licence is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licences or rights are granted to you by implication or otherwise, except for the licences and rights expressly granted to you.

Website content and access

While Afterwords endeavours to take reasonable care in preparing and maintaining the information on this website we do not warrant the accuracy, reliability, adequacy or completeness of any of the website content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.

It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. To the extent permitted by law, including the Competition and Consumer Act 2010, Afterwords disclaims all liability for loss directly or indirectly arising from your use of or reliance on the website and the website content.

Afterwords does not guarantee that access to the Afterwords website will be uninterrupted or that the website is free from viruses or anything else which may damage any computer which accesses the Afterwords website or any data on such a computer.

Disclaimers

You use our services at your own risk and subject to the following disclaimers.

·      We are providing our services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code.

·      We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections.

·      We do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties, including whether information shared by our users is compliant with the laws of the applicable jurisdictions. 

·      You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the “Afterwords parties”) from any claim, complaint, cause of action, controversy, or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties. You waive any rights you may have under applicable statute or law of any other jurisdiction, which says that: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

Limitation of liability

The Afterwords parties will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our services, even if the Afterwords parties have been advised of the possibility of such damages. Our aggregate liability relating to, arising out of, or in any way in connection with our terms, us, or our services will not exceed the greater of one hundred Australian dollars (AUD$100) or the amount you have paid us in the past twelve months. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. Notwithstanding anything to the contrary in our terms, in such cases, the liability of the Afterwords parties will be limited to the fullest extent permitted by applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless the Afterwords Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

Availability and termination of our services

Availability of Our Services. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

Termination. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with Afterwords: “Licences,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” “Other.”

Other

·       Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding Afterwords and our Services, and supersede any prior agreements.

·       We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.

·       Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.

·       You will comply with all applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on U.S. or non-U.S. government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, if you are currently listed on any U.S. or non-U.S. restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.

·       Our Terms are written in English (U.K.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.

·       Any amendment to or waiver of our Terms requires our express consent.

·       We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.

·       All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

·       You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.

·       Nothing in our Terms will prevent us from complying with the law.

·       Except as contemplated herein, our Terms do not give any third-party beneficiary rights.

·       If we fail to enforce any of our Terms, it will not be considered a waiver.

·       If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.

·       We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.

·       We always appreciate your feedback or other suggestions about Afterwords and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

Submissions

Any material you send to us on or via the Afterwords website will be deemed to be non-confidential and non-proprietary, unless it is indicated to be otherwise. This includes any data, questions, comments, suggestions, ideas or other information. We will be entitled to use any such material which has not been indicated to be confidential or proprietary for any purpose without compensation to you.

Third party websites

The Afterwords Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, Afterwords does not control, endorse, sponsor or approve any such third party websites or their content nor does Afterwords provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.

Interference with website

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on the Afterwords website.

Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the State of New South Wales, Australia. In the event that a dispute arises from these Terms and Conditions, you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.