Terms and Conditions

1. Acceptance of Terms

By accessing or using FinalSaying (the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree with any part of the Terms, you must not use the Service. These Terms constitute a binding agreement between you (the user) and the individual owner/developer of FinalSaying ("we," "us," or "the Provider"). The Service is offered by an individual based in Germany, not a registered company, and is provided AS IS for use under the following conditions.

2. Eligibility and User Accounts

Eligibility: You represent that you have the legal capacity to enter into this agreement and are not a minor in your jurisdiction. If you are under the age of majority (e.g. under 18 years old) in your place of residence, you may only use the Service under the supervision and with consent of a parent or legal guardian.

Account Registration: Use of certain features may require a user account. You can sign in via Google authentication. You must provide accurate and current information during registration and keep it updated. You are responsible for maintaining the confidentiality of your account credentials and Google account. All activities under your account are your responsibility. We are not liable for any loss or damage arising from unauthorized use of your account.

Security: Do not share your login credentials. Notify us immediately at contact@finalsaying.com if you suspect any unauthorized access to your account. We reserve the right to suspend or terminate accounts that we suspect are being used fraudulently or in violation of these Terms.

3. Description of Service

FinalSaying is an online tool provided to users for personal or professional use. The exact nature of the Service (e.g. software tool, web platform, etc.) is described on our website or app. We reserve the right to modify or discontinue the Service (or any part of its features) at any time without prior notice, as detailed in Section 12. You understand that the Service is provided by an individual, and not a corporation, which may affect the scope of support and resources available.

4. Third-Party Services and Integration

Our Service integrates or relies on certain third-party services to function:

• Authentication: We use Google Sign-In for user authentication. By using Google login, you also agree to Google's applicable terms and policies. We do not receive your Google password, and your use of Google's service is governed by Google's terms.
• Payments: We use Stripe for subscription payment processing. All payment information you provide is handled by Stripe in accordance with their terms and privacy policy. We do not store your full credit card details on our servers.
• Communications: We use Resend to send emails (check-in requests, reminders and the final messages delivered to your recipients) and Twilio to send WhatsApp messages (Premium reminders and WhatsApp notifications to recipients). Use of these communication channels implies you consent to receiving such messages. Standard messaging/data rates may apply as per your network provider.
• Hosting: The Service, its database and its file storage run on DigitalOcean infrastructure. We depend on that provider, and on the providers above, to keep the Service available.

Disclaimer for Third-Party Services: We do not control or guarantee the availability or performance of third-party services. Third-party services are provided "as is" and their providers are solely responsible for them. We disclaim all liability for any acts or omissions of third-party services or any issues arising from their integration. Any third-party services you use in connection with FinalSaying (such as your Google account, or phone service for WhatsApp) are subject to the third parties' own terms and privacy policies, and you are responsible for complying with those terms.

5. Fees and Payment Terms

One-Time Payment Model: FinalSaying offers a free tier and a premium tier. The premium tier requires a one-time payment for lifetime access to premium features. By purchasing premium access, you agree to pay the applicable fee and any taxes.

Payment Processing: All payments are processed securely via Stripe. You must provide current, complete, and accurate billing information (including a valid payment method).

Right of Withdrawal for Consumers in the EU (Widerrufsrecht): If you are a consumer resident in the European Union, you have a statutory right to withdraw from this contract within 14 days without giving any reason. The period begins on the day the contract is concluded (the day your payment is completed). To exercise it, simply send us a clear statement — an email to contact@finalsaying.com saying you wish to withdraw is enough; you may use the model withdrawal form, but you do not have to. Sending the statement before the 14 days expire is sufficient. If you withdraw, we will refund all payments received from you without undue delay and in any event within 14 days of being informed, using the same means of payment you used, at no cost to you.

How to Withdraw: There is no button for this, and none is needed: simply email contact@finalsaying.com within 14 days saying that you wish to withdraw. Your message does not have to take any particular form. We will confirm receipt and refund you within 14 days. We do not ask you to waive this right in order to use premium features immediately, so your full statutory withdrawal period applies even though your access starts as soon as you pay.

Refunds Outside the Withdrawal Right: Beyond the statutory right above, fees are generally non-refundable, and we do not offer refunds or credits merely because you stop using the Service. This does not affect your statutory rights as a consumer, including any rights you may have if the Service is defective, and we may still make exceptions at our discretion in exceptional circumstances (for example, a duplicate payment or a billing error).

Lifetime Access: Once you purchase premium access, you retain full access to all premium features indefinitely. There are no recurring charges or subscription renewals.

Changes in Fees: We may change our pricing for new purchases. Any changes in pricing will not affect existing premium members who have already made their one-time payment.

6. User Responsibilities and Acceptable Use

By using FinalSaying, you agree NOT to engage in any of the following prohibited activities:

• Illegal Activities: Do not use the Service for any unlawful, illegal, fraudulent, or unauthorized purpose. You must comply with all applicable laws and regulations while using FinalSaying.
• Violation of Others' Rights: Do not infringe or misappropriate the intellectual property rights, privacy rights, or any other rights of any person or entity. This includes not uploading or transmitting any content that you do not have rights to, or that violates copyright, trademark, or privacy/publicity rights.
• Malicious Behavior: Do not upload or distribute viruses, malware, or any other harmful code through the Service. You must not attempt to hack, disrupt, disable, or interfere with the functioning or security of the Service, our servers, or other users' use of the Service.
• Automated Access: Do not use bots, scripts, or automated methods to access or use the Service in a manner that sends more requests or transactions to the Service than a human could reasonably produce in the same time. Scraping, crawling, or any automated data extraction from our Service without our prior permission is prohibited.
• Impersonation and Misrepresentation: Do not impersonate any person or entity or misrepresent your affiliation with a person or entity while using the Service.
• Harassment or Abuse: Do not harass, threaten, bully, or stalk other users. You also agree not to post or transmit any content that is defamatory, obscene, vulgar, or otherwise offensive or objectionable.
• Service Integrity: Do not attempt to bypass any measures we have put in place to secure the Service or enforce these Terms. This includes not attempting to gain unauthorized access to any feature or area of the Service for which you do not have permission.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates the above rules, including suspending or terminating the account of such violators (see Section 12 on Termination).

7. Intellectual Property and Content

Our Intellectual Property: The Service and all content, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (collectively, "Content") are the exclusive property of the Provider (the owner of FinalSaying) or its licensors. This includes any trademarks, logos, and trade names associated with FinalSaying. All rights are reserved. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service and its Content for your personal or internal business use, in accordance with these Terms. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any part of the Service or Content without prior written consent from us, except as expressly permitted by law.

User Content: At this time, FinalSaying is not intended to host user-generated content publicly (beyond data you input for your own use of the tool). If in the future the Service allows you to upload, submit, or share content (e.g., text, images, or other materials) ("User Content"), you will remain the owner of any intellectual property rights in the content you create. However, by uploading or submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, reproduce, modify, and display your content solely for the purpose of operating and improving the Service and as otherwise necessary to provide the Service to you. We will handle any personal data within such content in accordance with our Privacy Policy (see Section 8).

Prohibited Content: You represent and warrant that any User Content you provide (if applicable) will not violate any of the "Acceptable Use" provisions in Section 6. We are not obligated to monitor User Content, but we reserve the right to remove or delete any content that we deem to violate these Terms or applicable law, or for any other reasonable reason, without notice.

Feedback: If you provide us with feedback, suggestions, or ideas about the Service, you agree that we are free to use and incorporate such feedback in our products or services without any payment or attribution to you. Any improvements or modifications to the Service based on your feedback remain our property.

8. Privacy and Data Protection

Your privacy is important to us. Any personal information that we collect through your use of FinalSaying will be processed in accordance with applicable data protection laws and our Privacy Policy (please refer to the Privacy Policy available on our website for details on what data we collect and how we use it). In particular, because we operate in Germany, we adhere to the EU General Data Protection Regulation (GDPR) for users in the EU/EEA.

• By using the Service, you consent to the collection and use of information as outlined in the Privacy Policy. This may include processing by third-party providers (Google, Stripe, Twilio, etc.) as required for Service functionality (see Section 4 on Third-Party Services).
• We implement reasonable security measures to protect your personal data. However, no system is perfectly secure; by using the Service, you acknowledge that you provide information at your own risk.
• If you are located outside of Germany (or the EU), note that your data may be transferred to and processed in Germany or other jurisdictions where our infrastructure or third-party providers are located. By using the Service, you consent to such cross-border data transfers.
• If you have any questions about our data practices or want to exercise any rights you may have under privacy laws (such as access or deletion rights), please contact us at contact@finalsaying.com.

9. Disclaimer of Warranties

FinalSaying is provided "AS IS" and "AS AVAILABLE". To the fullest extent permitted by law, we disclaim all warranties, express or implied, regarding the Service. This includes, but is not limited to:

• No Implied Warranties: We expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no guarantee that the Service will meet your requirements or achieve any intended results.
• Service Availability: We do not warrant that the Service will be uninterrupted, timely, secure, or error-free. Occasional downtime or technical issues may occur (for example, due to maintenance or factors outside our control). You accept that access to the Service may be limited or unavailable from time to time, and we are not liable for any resulting loss or inconvenience.
• Accuracy of Information: Any information or content presented through the Service (including any output of the tool or any communications from us) is for general purposes only. We do not warrant the accuracy, completeness, or usefulness of any information on the Service. Reliance on any information provided is at your own risk.
• No Responsibility for Damage: We are not responsible for any harm to your computer system, device, or data that results from use of the Service or downloading of any content from the Service. You are responsible for using up-to-date antivirus software and taking other precautions.
• Third-Party Content: If the Service displays or links to any third-party content or websites, we do not warrant or endorse that content. We are not liable for any third-party materials or information. Use of third-party links or content is at your own discretion and risk.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such cases, our warranties will be limited to the minimum extent permitted by applicable law.

10. Limitation of Liability

To the maximum extent permitted by law, we (the individual provider of FinalSaying) shall not be liable for any damages except as outlined in this section. The purpose of this section is to limit potential legal liability to keep the individual owner safe from excessive claims, while acknowledging the limits of liability law in Germany and other jurisdictions.

Types of Damages Excluded: We will not be liable to you for any indirect, incidental, consequential, special, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses arising out of or related to your use of (or inability to use) the Service. This exclusion applies even if we have been advised of the possibility of such damages. For example, we are not liable for losses or damages resulting from: Service downtime, data loss, business interruptions, or third-party conduct.

Cap on Direct Damages: Except for the Full Liability situations described below, in no event shall our total cumulative liability to you for any and all claims arising from or related to the Service exceed the amount you have paid us in the twelve (12) months immediately preceding the event giving rise to the claim. If you have not paid any amount (for example, if you use a free version of the Service), our total liability shall not exceed €100 (Euro). This limitation applies whether the claims are based in contract, tort, strict liability, or any other legal theory.

Full Liability (Non-Excludable Liabilities): Notwithstanding the above exclusions and limitations, we do not exclude or limit our liability where it is unlawful to do so. Under German law and other applicable laws, certain liabilities cannot be excluded or limited by an advance agreement. Accordingly, nothing in these Terms shall exclude or limit our liability for:

• Intentional misconduct or willful act (intent) on our part.
• Gross negligence on our part.
• Any injury to life, body, or health caused by our negligence.
• Fraud or fraudulent misrepresentation.
• Malicious conduct or intent to harm.
• Assuming a specific guarantee for the quality or characteristics of a product or service (if we have expressly given a guarantee, which we typically do not).
• Liability under any applicable product liability law, such as the German Product Liability Act, to the extent such law applies.

In these above cases, where liability cannot be excluded, our liability will be unlimited (i.e., we will be fully liable as required by law).

Liability for Simple Negligence: For any claims not falling under the "Full Liability" category above, and to the extent permitted by law, our liability for damages caused by simple (ordinary) negligence is limited. In particular, if we negligently breach an essential contractual obligation, we will be liable only to the extent of the typical and foreseeable damages that would result. Essential contractual obligations are those obligations which are fundamental to the provision of the Service, and which you rely on us to fulfill (sometimes called "cardinal duties"). In other words, they are the key duties that form the basis of the agreement. If such an obligation is breached through simple negligence, our liability is capped to the amount of damage that could reasonably be foreseen at the time of contract. If we breach non-essential obligations through simple negligence, we will not be liable for the resulting damage (German law generally allows exclusion of liability for slight negligence in non-essential matters).

No Liability for Certain Losses: To the extent permitted by law, we are not liable for losses that are considered too remote or speculative. For example, we are not liable for purely economic loss not resulting from any wrongdoing on our part, or for damages that are not typical for the use of the Service. We also do not accept liability for loss of data or restoration of data to the extent you failed to properly backup your data. (You are responsible for maintaining backup copies of any data you store on the Service.)

German AGB Fairness Compliance: These limitations of liability are intended to be in line with the German law on standard contract terms (AGB law). If you are a consumer, none of these Terms are intended to conflict with your statutory rights. If any provision in this section is held invalid or unenforceable under applicable law (for example, because it unduly restricts consumer rights), then that provision shall be deemed modified to the minimum extent necessary to make it compliant, and the rest of this section (and the Terms) shall remain in effect. (Under German law, invalid clauses in standard terms may simply be not enforced, and statutory provisions apply instead.)

Notice: The limitations and exclusions of liability in this section apply to the greatest extent permitted by applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities; in such jurisdictions, our liability will be limited to the maximum extent permitted by law, and certain exclusions may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Provider (the individual owner of FinalSaying) and any affiliates, agents, partners, or employees (if any) from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) that arise out of or relate to: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your infringement or misappropriation of any intellectual property or other rights of any third party; or (e) any content you submit or actions you take using the Service that result in a third-party claim. This means you will pay for any cost, loss or damage that we incur as a result of your breach of these Terms or misuse of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which case you will cooperate with us in asserting any available defenses). This indemnity obligation will survive the termination or expiration of your agreement with these Terms and your use of the Service.

12. Termination and Suspension

By You: You are free to stop using FinalSaying at any time. You may delete your account or cancel your subscription (as described in Section 5) if you no longer wish to use the Service. Termination of your account will not entitle you to any refunds of prepaid fees (see "No Refund" policy in Section 5).

By Us: We reserve the right to suspend or terminate your access to the Service (in whole or in part) at our sole discretion, with or without notice, if you violate these Terms or if we determine such action is necessary to (a) comply with law or requests by law enforcement, (b) protect the security or integrity of our systems, or (c) protect our rights or the rights of other users. In severe cases of violation (e.g., abuse, illegal activity, or actions that harm the Service or other users), your account may be terminated immediately and without prior notice.

Effect of Termination: Upon termination of your account for any reason, your right to access or use the Service will immediately cease. We may delete or deactivate your account and all related data, information, and files in your account, and bar any further access to such data (except as may be required by law). It is your responsibility to ensure you have any needed data backed up before terminating your account or if we terminate your access. We are not liable to you or any third party for account termination or data deletion associated with termination, provided such termination is in accordance with these Terms.

Survival: All provisions of these Terms that by their nature should survive termination (such as limitations of liability, disclaimers of warranties, indemnification, governing law, and dispute provisions) shall survive the expiration or termination of your use of the Service.

13. Modifications to Service and Terms

Changes to the Service: We are constantly improving the Service and adding or removing features. We reserve the right to modify, upgrade, suspend, or discontinue the Service (or any part of it) at any time, temporarily or permanently, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service. This includes the introduction of new features or limitations, or the discontinuance of features. If you are dissatisfied with any changes to the Service, your only remedy is to cease using the Service or terminate your subscription.

Changes to Terms: We may revise or update these Terms from time to time. If we make material changes, we will provide notice to users by posting the updated Terms on our website or through the Service, and updating the "Last updated" date at the top (if provided). In certain cases, we might also notify you via email or through an in-Service notification. It is your responsibility to review these Terms periodically. Your continued use of the Service after any changes to the Terms constitutes acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Service.

No Retroactive Changes to Dispute Resolution: If we ever implement an arbitration agreement or specific dispute resolution clause (none is included in these Terms as of now), we will not apply it retroactively without your consent, and we will provide a chance to opt-out, in compliance with applicable law.

14. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with the Service shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The laws of Germany will thus govern any disputes related to these Terms or the Service's use.

If you are using the Service as a consumer (and not for a business purpose) and you are resident in a member state of the European Union, you also enjoy the protection of the mandatory provisions of the law of your country of residence. In other words, if you are an EU consumer, nothing in these Terms affects your rights under the laws of your home country to the extent those laws apply and provide you with additional protections. These Terms do not purport to waive any such consumer protections.

Jurisdiction: Both you and we agree to submit to the non-exclusive jurisdiction of the courts in Germany for the resolution of any disputes. "Non-exclusive jurisdiction" means that you may choose to bring a claim against us in Germany, or if you are a consumer, you may also pursue legal proceedings in your country of residence if you reside in the EU, as provided by law. For example, if you live in Germany, you agree that the courts of Germany have jurisdiction. If you live in another EU country, you may have the right to bring an action in your local courts under EU consumer law.

Notwithstanding the above, we both agree that before taking formal legal action, we will attempt to resolve any dispute informally through good-faith discussions. You can contact us with any dispute concerns at contact@finalsaying.com, and we will attempt to resolve the issue. However, this informal process is not a mandatory prerequisite before going to court (it's a good-faith request, not an obligation).

15. Miscellaneous Provisions

• Entire Agreement: These Terms (along with any additional guidelines, rules, or policies we post, including our Privacy Policy) constitute the entire agreement between you and us regarding your use of FinalSaying, and supersede any prior agreements or understandings, whether written or oral, relating to the same subject matter.
• No Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision. Any waiver must be in writing and signed by us to be effective. Even if we delay or fail to exercise any right or remedy, we can still enforce it later.
• Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remainder of the Terms will continue in full force and effect. In such case, the parties agree that the court should give effect to the parties' intentions as reflected in the provision, to the extent permissible.
• Assignment: You may not assign or transfer any of your rights or obligations under these Terms to any third party without our prior written consent. We may assign or transfer our rights and obligations to an affiliate, a successor in interest (e.g., if the Service is sold or transferred), or any other party at our discretion, without notice to you. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
• No Agency: No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms or your use of the Service. You and we are independent contracting parties.
• Force Majeure: We are not liable for any failure or delay in our performance of any obligation under these Terms if such failure or delay is caused by events beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, supply shortages, and failures of the internet or telecommunications.
• Impressum (Legal Notice): As the Service is operated from Germany by an individual, we comply with German Telemedia Act requirements. The provider's contact information is listed in Section 17 (Contact Information). Further information (such as a physical address) may be found on our website's legal notice page if required. (Note: Since this Service is individually owned, the owner's personal address might be listed on an official Impressum page on the website as required by German law, even though it is not detailed here in these Terms.)
• Language: These Terms are written in English. If we provide a translation of these Terms in another language, the English version will prevail in case of any conflict or ambiguity in interpretation (except as prohibited by law).
• Headings: Section headings in these Terms are for convenience only and have no legal or contractual effect. They do not affect the interpretation of the provisions.

16. Message Delivery, Spam Filtering, WhatsApp, Outages and Service Continuity

How Delivery Is Triggered: FinalSaying works as a "dead man's switch". We email you a check-in request at the interval you choose. If you do not respond, we send further reminder emails (and, for premium accounts with a phone number, a WhatsApp reminder). If you still have not responded after the full reminder cycle has elapsed, the Service will treat you as having passed away and will deliver your stored messages to the recipients you designated. We do not independently verify death: the sole trigger for delivery is your failure to respond within the cycle. You therefore acknowledge that a prolonged failure to check in for any reason — including travel, illness, hospitalisation, imprisonment, loss of access to your email account, or messages being filtered — may cause your messages to be delivered while you are alive. Signing in to your dashboard also registers as a check-in.

Where Our Messages Come From:

• noreply@finalsaying.com sends every automated email: your check-in requests, all reminder emails, and the final messages delivered to your recipients by email.
• contact@finalsaying.com is our support address and is used for replies and direct correspondence.
• WhatsApp reminders (Premium, if you saved a phone number) and WhatsApp notifications to your recipients are sent from our WhatsApp Business sender through Twilio. A WhatsApp notification to a recipient does not contain your message text; it links to a private page on finalsaying.com where the message can be read.

We will never ask you for a password, payment details or a check-in from any other address. Treat messages claiming to be from FinalSaying from any other address with suspicion.

Your Responsibilities: Because the entire mechanism depends on you receiving and acting on our emails, you agree to:

• Add our addresses to your contacts. Add noreply@finalsaying.com (the address all check-in, reminder and delivery emails are sent from) and contact@finalsaying.com (our support address) to your email address book, contacts, or safe-sender / allowlist, and mark our emails as "not spam" if you find them in a spam or junk folder. Every major email provider treats this as a strong signal to deliver our mail to your inbox.
• Keep your details current. Maintain a valid, monitored email address (and phone number, if you use WhatsApp delivery) on your account, and update it promptly if it changes. Your account email is the one associated with the Google account you sign in with.
• Check your spam folder periodically and respond to check-in requests promptly.
• Tell your recipients. Where appropriate, let the people you have designated know that they may one day receive a message from noreply@finalsaying.com (or a WhatsApp message from FinalSaying), and ask them to add that address to their own contacts, so they do not dismiss it as spam or a scam.
• Check recipient details. Make sure every recipient email address and phone number is correct and still belongs to the person you mean, and update it if it changes. We deliver to the details you entered and do not verify who owns them.

No Guarantee of Delivery or Receipt: Email and messaging services are provided by third parties and are outside our control (see Section 4). We hand your messages to our providers (currently Resend for email and Twilio for WhatsApp) for transmission, but we cannot control, and do not guarantee, that any message will reach an inbox, be seen, or be read. In particular, and to the fullest extent permitted by law, we are not responsible or liable where a check-in email, reminder or final message:

• is classified as spam or junk, quarantined, filtered, delayed, throttled or silently discarded by your or your recipient's email provider, mail server, firewall or spam filter — including where a recipient receives your final message in their spam or junk folder and does not see it;
• bounces or fails because an address or phone number is wrong, out of date, full, disabled, closed, or no longer belongs to the intended person;
• fails because a recipient has blocked the sender, unsubscribed, opted out of WhatsApp messages, changed number, or no longer uses the relevant service;
• is delayed or fails because of an outage, suspension, policy change, rate limit or account action by a third-party provider (including Google, Resend, Twilio/WhatsApp, or your own email or telephone provider), or by force majeure as described in Section 15;
• is not acted upon by you, causing the Service to treat you as deceased and deliver your messages, or conversely is acted upon by someone else with access to your email account, causing a check-in you did not make.

We have no obligation to re-send a message through another channel, to contact a recipient by any other means, or to confirm that a delivered message was opened or read.

WhatsApp Is Not Guaranteed: WhatsApp is operated by Meta, not by us, and Meta and Twilio decide whether our business messages are sent. To the fullest extent permitted by law, we are not responsible or liable where a WhatsApp reminder or recipient notification is not sent, is delayed or is not received because, for example: WhatsApp or Twilio blocks, restricts, rate-limits, rejects or suspends our sender, our message template or our account; WhatsApp changes its rules or pricing for business messages; the phone number is not registered on WhatsApp, has changed hands, or has blocked or reported our sender; the recipient's settings or device filter business messages; or WhatsApp is unavailable, restricted or banned in the recipient's country. WhatsApp is an additional channel only. Email remains the primary channel for check-ins, and a missing WhatsApp message does not stop the check-in sequence.

Server, Hosting and Technical Failures: FinalSaying runs on a single application server operated by one person. To the fullest extent permitted by law, we are not responsible or liable for loss, damage, delay or non-delivery caused by: server, network or hosting outages; failures, maintenance, data loss or account actions at our hosting or storage provider; software bugs or failed updates; database corruption or loss; cyber-attacks, denial-of-service attacks or other unauthorised interference by third parties; or the loss of the server encryption secret, which would make stored message text permanently unreadable by anyone. After an outage, scheduled emails and deliveries may be sent late, out of the usual order, or closer together than described on our website.

Best-Efforts Basis: We make reasonable efforts to send check-in requests, reminders and final messages on schedule, to retry failed deliveries, and to monitor our own sending systems. However, the Service is provided on an "as is" and best-efforts basis as set out in Section 9, and delivery timing may vary. Check-in and delivery jobs run once a day on a schedule in Coordinated Universal Time (UTC), so dates and times are approximate and may differ from your local date.

If the Service Ends, or the Provider Dies: FinalSaying is run by one individual, and it asks you to entrust it with something you may expect it to hold for decades. It is only fair to be honest about what that means. We cannot guarantee that the Service will exist for any particular length of time, and it may be discontinued as described in Section 13 for any reason, including the Provider closing or selling the business, insolvency, legal or regulatory reasons, the loss of a provider the Service depends on, or the Provider's own death, incapacity, or inability to keep operating it. If we decide to discontinue the Service, we will make reasonable efforts to notify you at your registered email address in advance, and to give you a reasonable opportunity to copy your stored messages, so that you can make other arrangements; where the Service ends because of the Provider's death or incapacity, such notice may not be possible. We are under no obligation to transfer the Service, your account or your messages to a successor, or to deliver pending messages before or after the Service stops. If the Service stops, undelivered messages will not be delivered. For this reason you should not treat FinalSaying as the only copy of anything that matters to you, and you should keep your own record of what you have stored here and tell someone you trust that it exists. Premium access is a one-time payment for access to premium features while the Service operates; it is not a promise that the Service will operate indefinitely. Unless mandatory law requires otherwise, discontinuation of the Service does not entitle you to a refund or compensation.

Early, Late or Mistaken Delivery: To the fullest extent permitted by law, we are not liable for the consequences of a message being delivered while you are alive (for example because you missed the check-in sequence), being delivered late, being delivered to a person who now holds an address or phone number you entered, or not being delivered at all for the reasons described in this Section. Delivered messages cannot be recalled. If you are marked as deceased by mistake, we can reactivate your account on request, which stops anything still pending.

Your Messages Are Your Responsibility: You are solely responsible for what you write, attach and send through the Service, and for its effect on the people who receive it. We do not review, edit or approve message content and have no duty to do so. You must not use the Service to send content that is unlawful, defamatory, harassing, threatening, or that discloses another person's private information or trade secrets without the right to do so. To the fullest extent permitted by law, we are not liable for any emotional, relational, financial, legal or other consequences that the content of your messages has for you, your recipients, your estate or anyone else. We recommend that you do not store passwords, PINs, recovery codes, card or bank details or similar credentials in a message; if you do, you do so at your own risk (see our guide on sharing passwords with family for safer options).

Recipients' Details: By entering a recipient's name, email address or phone number, you confirm that you are entitled to give us those details for the purpose of delivering your message, and that the recipient would reasonably expect to hear from you. We may delete a recipient's details, and any message waiting for them, if the recipient asks us to under data protection law, as described in our Privacy Policy. We do not verify the identity of recipients, and anyone with access to a recipient's inbox, phone or private message link can read the message.

Not an Emergency or Time-Critical Service: Do not use FinalSaying for anything urgent, safety-critical or time-sensitive, such as medical instructions, emergency contacts, or anything that must reach someone by a particular date. Contact the emergency services, a doctor or a lawyer as appropriate.

Your Account After Your Death: Once your messages have been delivered, your account and its contents are not automatically erased. If you would prefer that everything be deleted after delivery, tell us and we will do so. Your heirs, executor, or another person acting for your estate may ask us to close the account and delete its contents, and we will comply once we are reasonably satisfied that the request is genuine and that the person is entitled to make it. We may ask for evidence (for example, a death certificate or documentation of authority) before acting, because acting on a false request would be irreversible. Recipients may likewise ask us to delete a message that was sent to them and any contact details we hold for them, as described in our Privacy Policy.

Not a Substitute for Legal or Estate Planning: FinalSaying is a personal messaging tool. It is not a will, testament, trust, or any other legally binding instrument, and it is not legal, financial, tax or medical advice. Messages delivered through the Service have no legal effect on your estate, and you should not rely on the Service to transmit anything that must reach someone for legal, financial, medical or safety reasons. For anything of that nature, use a lawyer, notary, or the appropriate formal process. The guides and articles on our website are general information only, may be out of date, and are not legal advice for your situation.

What This Section Does Not Limit: Nothing in this Section limits our liability in the cases described under "Full Liability" in Section 10, which apply regardless of this Section. In particular, this Section does not exclude liability for intent or gross negligence on our part, for injury to life, body or health, or for any liability that cannot lawfully be excluded, and it does not affect your statutory rights as a consumer.

17. Contact Information

If you have any questions, concerns, or need assistance regarding these Terms or the Service, you may contact us at:

Email: contact@finalsaying.com

(As an individually operated service, email is the primary and preferred method of contact. We strive to respond to inquiries in a timely manner. Please include a clear subject line indicating the nature of your query, such as "Terms of Service Inquiry" or "Support Request.")

By using FinalSaying, you acknowledge that you have read, understood, and agree to these Terms and Conditions. These Terms are designed to be as comprehensive as possible to protect the provider (an individual developer) from liability and disputes, while also delineating the rights and responsibilities of users. If you do not agree with these Terms, please do not use the Service. Using the Service indicates that you accept and will abide by these Terms.