Terms of Service

By accessing, browsing, or using the Dead Man platform, website, or any associated services (collectively, “the Service”), you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you must immediately cease use of the Service.

Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes. It is your responsibility to review these Terms periodically.

These Terms apply to all users of the Service, including users who are also contributors of content, information, and other materials or services on the Service.

Dead Man provides a dead man's switch platform that allows registered users to configure automated actions — including but not limited to email notifications, encrypted file releases, and link publications — that execute upon the user's failure to complete a check-in within a configured time interval (“the Switch”).

Dead Man reserves the right at any time to: (a) modify, suspend, or discontinue the Service or any part thereof with or without notice; (b) impose limits on certain features and services; or (c) restrict access to parts or all of the Service, in each case without liability to you or any third party. Dead Man shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

The Service is provided for personal, non-commercial use only unless otherwise agreed to in writing by Dead Man.

To use the Service, you must be at least 18 years of age and have the legal capacity to enter into binding contracts. By using the Service, you represent and warrant that you meet these requirements.

You agree to provide accurate, current, and complete information during registration and to update such information as necessary to keep it accurate, current, and complete. Dead Man reserves the right to suspend or terminate your account if any information you provide is found to be inaccurate, false, or outdated.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Dead Man immediately of any unauthorized use of your account. Dead Man will not be liable for any loss or damage arising from your failure to protect your account credentials.

Dead Man reserves the right to refuse registration, cancel accounts, or remove or edit content in its sole discretion.

You agree that you will not use the Service to:

• Upload, transmit, or distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable
• Distribute malware, ransomware, viruses, worms, trojan horses, or any other harmful or malicious code
• Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
• Engage in any activity that violates the privacy rights of any person, including harvesting or collecting personal data without consent
• Attempt to gain unauthorized access to any portion of the Service or any other system or network
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service for any illegal purpose or in violation of any applicable local, state, national, or international law or regulation
• Circumvent, disable, or otherwise interfere with security-related features of the Service
• Use automated means to access the Service in a manner that sends more requests than a human could reasonably produce
• Resell, sublicense, or otherwise commercialize the Service without Dead Man's express written consent
• Collect or store personal data about other users without their express consent
• Threaten, intimidate, stalk, or harass any individual or group

Dead Man reserves the right, but assumes no obligation, to investigate any violation of this Acceptable Use Policy and to remove, disable, or restrict access to any content or account in violation of these Terms. Dead Man may cooperate with law enforcement authorities in prosecuting users who violate these Terms.

You retain ownership of any content, files, email templates, links, or other materials you upload or configure within the Service (“User Content”). By uploading User Content, you grant Dead Man a limited, non-exclusive, royalty-free, worldwide license to store, process, and transmit your User Content solely as necessary to provide the Service.

You represent and warrant that: (a) you own or have the necessary rights to your User Content; (b) your User Content does not infringe or violate the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party; and (c) your User Content complies with these Terms and all applicable laws.

Dead Man does not pre-screen User Content but reserves the right to remove any User Content at its sole discretion, without notice and without liability to you. Dead Man assumes no responsibility or liability for User Content stored on the Service.

You acknowledge that you are solely responsible for the consequences of any triggered action and the User Content delivered as a result of that trigger, including any legal liability arising from the distribution of that content to your configured recipients.

Dead Man does not guarantee that triggered actions — including email delivery, file releases, or link publications — will occur at any specific time, within any specific time period, or at all. Delivery may be affected by, without limitation: network outages, email provider filtering, spam classifications, infrastructure failures, acts of third-party service providers, force majeure events, or any other technical or operational failure.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICE IS NOT SUITABLE AS THE SOLE MECHANISM FOR ANY TIME-CRITICAL, LIFE-SAFETY, FINANCIAL, LEGAL, OR OTHERWISE HIGH-STAKES PURPOSE. Dead Man expressly disclaims all liability for any harm, loss, or damage arising from a failure to deliver a triggered action.

Dead Man does not guarantee any specific uptime or availability. Scheduled maintenance, unexpected outages, and events beyond our control may cause the Service to be temporarily unavailable.

Certain features of the Service require a paid subscription. By subscribing, you authorize Dead Man to charge the payment method on file on a recurring basis at the then-current subscription rate.

Subscriptions automatically renew at the end of each billing period unless cancelled prior to the renewal date. You are responsible for cancelling your subscription before it renews. Dead Man will not issue refunds for partial billing periods or for failure to cancel before a renewal date.

Dead Man reserves the right to change subscription prices at any time. Price changes will be communicated via email at least 14 days before taking effect. Continued use of the Service after a price change constitutes acceptance of the new price.

All fees are exclusive of applicable taxes. You are responsible for all taxes, levies, or duties imposed by taxing authorities.

All sales are final. Dead Man does not provide refunds for any subscription fees paid, except as required by applicable law. If you believe you have been incorrectly billed, you must contact us within 30 days of the charge to dispute it.

If your payment fails, Dead Man may suspend your access to paid features until payment is resolved. Dead Man reserves the right to terminate accounts with persistent payment failures.

The Service and all of its components — including but not limited to the software, design, text, graphics, logos, icons, images, audio clips, digital downloads, and data compilations — are the exclusive property of Dead Man or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Dead Man grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal, non-commercial purposes in accordance with these Terms. This license does not include any right to: (a) resell or make commercial use of the Service; (b) reverse engineer, decompile, or disassemble any portion of the Service; (c) copy, adapt, or create derivative works of the Service; or (d) use any data mining, robots, or similar data gathering tools.

Any unauthorized use of the Service automatically terminates the license granted herein. Dead Man reserves all rights not expressly granted.

Dead Man respects intellectual property rights. If you believe that material on the Service infringes your copyright, you may submit a DMCA takedown notice to us at legal@deadman.app with the following information: (a) identification of the copyrighted work; (b) identification of the infringing material and its location on the Service; (c) your contact information; (d) a statement that you have a good-faith belief that the use is unauthorized; (e) a statement under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf; and (f) your physical or electronic signature.

Dead Man reserves the right to terminate the accounts of repeat infringers.

Dead Man may, in its sole discretion and without prior notice or liability, suspend, limit, or terminate your access to the Service for any reason, including but not limited to violation of these Terms, abuse of the Service, fraudulent activity, non-payment, or inactivity.

Upon termination, your right to access and use the Service immediately ceases. Dead Man may delete your account data in accordance with the Privacy Policy. We are not obligated to provide you with any of your data upon termination, though we will make reasonable efforts to provide an opportunity to export data prior to voluntary account closure.

Provisions of these Terms that, by their nature, should survive termination shall survive, including without limitation: intellectual property provisions, warranty disclaimers, indemnification, and limitations of liability.

You may terminate your account at any time by deleting it from your account settings. Termination of your account does not entitle you to a refund of any prepaid subscription fees.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DEAD MAN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

DEAD MAN DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) ANY TRIGGERED ACTIONS WILL BE EXECUTED OR DELIVERED AT ANY PARTICULAR TIME OR AT ALL; OR (E) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DEAD MAN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEAD MAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, COST OF SUBSTITUTE SERVICES, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE, EVEN IF DEAD MAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS INCLUDES, WITHOUT LIMITATION, DAMAGES ARISING FROM: (A) THE FAILURE OF A SWITCH TO TRIGGER; (B) THE FAILURE TO DELIVER ANY EMAIL, FILE, OR LINK TO ANY RECIPIENT; (C) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (D) ANY THIRD-PARTY CONDUCT OR CONTENT ON THE SERVICE; OR (E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, DEAD MAN'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ALL OTHER CASES, DEAD MAN'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO DEAD MAN IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

You agree to defend, indemnify, and hold harmless Dead Man and its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Service, including any triggered actions and their consequences
• Your User Content, including any claims by recipients of triggered emails or files
• Your violation of any third party's rights, including intellectual property or privacy rights
• Your violation of any applicable law or regulation

Dead Man reserves the right to assume exclusive control of the defense of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with Dead Man in asserting all available defenses.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service (“Dispute”) shall be resolved exclusively through binding individual arbitration, except that either party may bring an individual claim in small claims court if it qualifies. The arbitration shall be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will take place in the United States, and judgment on the award may be entered in any court having jurisdiction.

Class Action Waiver.YOU AND DEAD MAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Before initiating arbitration, you agree to first contact Dead Man at legal@deadman.app and provide a written description of the dispute and your desired resolution. The parties will attempt to resolve the dispute informally for 30 days before commencing arbitration.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

These Terms and any Dispute shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. To the extent that any Dispute is not subject to arbitration under these Terms, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Delaware.

The Service is operated from the United States. We make no representation that the Service is appropriate or available for use in other locations. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws.

Dead Man shall not be liable for any failure or delay in performance of its obligations under these Terms where such failure or delay results from causes beyond Dead Man's reasonable control, including but not limited to: acts of God, war, terrorism, riots, embargoes, acts of civil or military authority, fire, flood, earthquake, pandemic, governmental regulations, power failures, internet disturbances, acts of third-party service providers, or any other cause beyond Dead Man's reasonable control.

The Service may contain links to third-party websites or services. These links are provided solely as a convenience and do not constitute an endorsement by Dead Man. Dead Man has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You access third-party services at your own risk.

The Service relies on third-party infrastructure providers. Dead Man is not responsible for any interruption, failure, or data loss caused by third-party providers, including but not limited to hosting, authentication, payment processing, or email delivery providers.

Dead Man's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Dead Man concerning the Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Dead Man with respect to the Service.

Dead Man reserves the right to modify these Terms at any time in its sole discretion. When we make material changes, we will update the “Last updated” date and, where reasonably practicable, provide notice via email. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.

If you do not agree to the revised Terms, you must stop using the Service and may delete your account.

Questions about these Terms should be directed to legal@deadman.app.