Terms of Service

Last updated: January, 2025

1. Agreement to Terms

By accessing or using the I'M DEAD mobile application and website (www.imdead.co), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the service.

GNAD Apps Ltd. ("Company," "we," "us," or "our") operates the I'M DEAD application and website (collectively, the "Service"). These Terms govern your use of our Service.

2. Description of Service

I'M DEAD is a digital end-of-life planning platform that allows users to:

  • Document their final wishes and end-of-life preferences

  • Designate a "nextie" (trusted contact) to receive these wishes

  • Store information about body arrangements and celebration details

  • Receive wellness check notifications

  • Securely store and transmit end-of-life planning documents

3. Eligibility

You must be at least 18 years old to use this Service. By agreeing to these Terms, you represent and warrant that you are at least 18 years of age.

4. Account Registration and Security

4.1 Account Creation

To use certain features of the Service, you must register for an account. You may register using:

  • Google Sign-in

  • Apple Sign-in

  • Email and password

4.2 Account Information

You agree to:

  • Provide accurate, current, and complete information during registration

  • Maintain and promptly update your account information

  • Maintain the security of your password and account

  • Notify us immediately of any unauthorized use of your account

  • Accept responsibility for all activities that occur under your account

4.3 Account Termination

We reserve the right to suspend or terminate your account if:

  • You breach these Terms

  • You provide false or misleading information

  • Your account is inactive for an extended period

  • We are required to do so by law

5. Nextie Designation

5.1 Consent Requirement

When designating a nextie, you represent and warrant that:

  • You have obtained permission to share the nextie's contact information

  • The nextie is aware they may receive notifications from I'M DEAD

  • The information you provide about your nextie is accurate

5.2 Nextie Rights

Individuals designated as nexties have the right to:

  • Opt-out of notifications at any time by replying STOP

  • Request removal as a nextie by contacting support@imdead.co

  • Access information about why they were designated (upon request)

5.3 Multiple Nexties

You may designate multiple nexties. You are responsible for managing your nextie list and keeping it current.

6. SMS Communications

6.1 Consent to SMS

By providing your phone number, you consent to receive SMS notifications from I'M DEAD, including:

  • Wellness check messages

  • Account notifications and updates

  • Nextie designation confirmations

  • Reminders and important alerts

  • End-of-life wishes delivery notifications

6.2 Message Frequency and Costs

  • Message frequency varies based on your account activity and settings

  • Standard message and data rates from your mobile carrier may apply

  • We are not responsible for charges from your mobile carrier

6.3 Opt-Out

You may opt-out of SMS communications at any time by:

  • Replying STOP to any text message

  • Updating notification preferences in your account settings

  • Contacting support@imdead.co

6.4 SMS Service Provider

We use Twilio as our SMS service provider. Message delivery is subject to your carrier's terms and network availability.

7. Wellness Checks

7.1 Purpose

Wellness checks are periodic notifications sent to verify that users are alive and to ensure accurate delivery of end-of-life wishes.

7.2 Response

While encouraged, responses to wellness checks are voluntary. However, prolonged non-response may trigger additional verification procedures.

7.3 False Reports

Users must not falsely report deaths or manipulate the wellness check system. Doing so may result in immediate account termination and potential legal action.

8. Content and Data

8.1 Your Content

You retain ownership of all content you submit to I'M DEAD, including:

  • End-of-life wishes and preferences

  • Photos, videos, and documents

  • Personal information and messages

8.2 License to Us

By submitting content, you grant us a limited license to:

  • Store and transmit your content through our Service

  • Display your content to your designated nexties when appropriate

  • Back up and secure your content

  • Process your content to provide the Service

8.3 Content Restrictions

You agree not to upload, post, or transmit content that:

  • Is illegal, harmful, or violates any law

  • Infringes on intellectual property rights

  • Contains malware or harmful code

  • Is defamatory, obscene, or offensive

  • Violates the privacy rights of others

8.4 Content Removal

We reserve the right to remove any content that violates these Terms without prior notice.

9. Wishes Delivery and Verification

9.1 Delivery Triggers

End-of-life wishes are delivered to your designated nextie(s) when we receive credible verification of your death through:

  • Missed wellness checks over an extended period

  • Notification from verified sources

  • Official documentation (death certificate, obituary, etc.)

9.2 Verification Process

We employ reasonable measures to verify death claims before delivering wishes. However, we cannot guarantee 100% accuracy and are not liable for:

  • Premature delivery due to false information

  • Delayed delivery due to verification processes

  • Non-delivery due to system failures or incorrect nextie information

9.3 Nextie Access

Once wishes are delivered, nexties have permanent access to the information you've shared with them.

10. Subscription and Payment

10.1 Free and Paid Services

We offer both free and paid subscription tiers. Features available in each tier are described on our website and in the app.

10.2 Payment Terms

Subscription fees are billed in advance on a recurring basis (monthly or annually)

  • Payment is processed through secure third-party payment providers

  • All fees are non-refundable except as required by law

  • We reserve the right to change pricing with 30 days' notice

10.3 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.

11. Privacy and Data Security

11.1 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at www.imdead.co/privacy.

11.2 Data Security

We implement industry-standard security measures to protect your data. However, no method of transmission or storage is 100% secure. You acknowledge that you provide information at your own risk.

11.3 Data Retention

We retain your data:

  • While your account is active

  • After your death, to fulfill delivery to your nexties

  • As required by law or for legitimate business purposes

12. Intellectual Property

12.1 Our IP

The Service, including all content, features, and functionality, is owned by GNAD Apps Ltd. and is protected by copyright, trademark, and other intellectual property laws.

12.2 Restrictions

You may not:

  • Copy, modify, or create derivative works of the Service

  • Reverse engineer or attempt to extract source code

  • Remove or alter any copyright or proprietary notices

  • Use our trademarks without written permission

12.3 Trademarks

I'M DEAD, the I'M DEAD logo, and related marks are trademarks of GNAD Apps Ltd.

13. Prohibited Uses

You agree not to:

  • Use the Service for any illegal purpose

  • Attempt to gain unauthorized access to the Service

  • Interfere with or disrupt the Service

  • Transmit viruses, malware, or harmful code

  • Harvest or collect user information

  • Impersonate others or provide false information

  • Use automated systems (bots, scrapers) to access the Service

  • Violate any applicable laws or regulations

14. Third-Party Services

14.1 Third-Party Links

The Service may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of third-party sites.

14.2 Third-Party Integrations

We use third-party services including:

  • Google Sign-In / Apple Sign-In for authentication

  • Twilio for SMS communications

  • Firebase for data storage and authentication

  • Payment processors for subscription billing

Your use of these services is subject to their respective terms and privacy policies.

15. Disclaimers

15.1 Service Availability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability or fitness for a particular purpose

  • Warranties that the Service will be uninterrupted, secure, or error-free

  • Warranties regarding the accuracy or reliability of content

15.2 No Guarantee of Delivery

While we make reasonable efforts to deliver your wishes to your nexties, we do not guarantee:

  • Timely delivery of wishes

  • Receipt of wishes by nexties

  • Accuracy of death verification

  • Continued operation of the Service

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GNAD APPS LTD. SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages

  • Loss of profits, data, use, or goodwill

  • Service interruptions or data loss

  • Unauthorized access to your data

  • Errors or omissions in content

  • Any damages arising from your use of the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, OR $100, WHICHEVER IS GREATER.

17. Indemnification

You agree to indemnify, defend, and hold harmless GNAD Apps Ltd., its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Service

  • Your violation of these Terms

  • Your violation of any rights of another party

  • Content you submit to the Service

18. Dispute Resolution

18.1 Governing Law

These Terms shall be governed by the laws of British Columbia, Canada, without regard to conflict of law provisions.

18.2 Arbitration

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in Vancouver, British Columbia, rather than in court, except that you may assert claims in small claims court if they qualify.

18.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

19. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on our website

  • Sending an email to your registered email address

  • Displaying a notification in the app

Your continued use of the Service after changes constitutes acceptance of the updated Terms.

20. Termination

20.1 Termination by You

You may terminate your account at any time by:

  • Using the account deletion feature in the app

  • Contacting support@imdead.co

Upon termination, your wishes will remain stored for delivery to your nexties unless you specifically request complete deletion.

20.2 Termination by Us

We may terminate or suspend your access immediately, without prior notice, for:

  • Breach of these Terms

  • Fraudulent or illegal activity

  • Prolonged account inactivity

  • At our discretion for any reason

20.3 Effect of Termination

Upon termination:

  • Your right to use the Service ceases immediately

  • We may delete your account and content (except as needed for legal compliance)

  • Subscription fees are non-refundable

  • Provisions that should survive termination will remain in effect

21. Miscellaneous

21.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and GNAD Apps Ltd. regarding the Service.

21.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

21.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

21.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

21.5 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and GNAD Apps Ltd.

21.6 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control.

22. Contact Information

If you have any questions about these Terms, please contact us:

GNAD Apps Ltd.

Email: support@imdead.co

Phone: +1 (778) 870 8418

Address: 151 Water St, Vancouver, BC, Canada

For legal notices: legal@imdead.co

23. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.