Terms of Service and Legal Disclaimer

1. Acceptance of Terms

By accessing www.willthis.com, www.timeproofmemories.com (collectively, the “Platform” or “Service”), you (“User”) agree to be bound by these Terms of Service and Legal Disclaimer (“Terms”). If you do not agree to any part of these Terms, please stop using the Service immediately. These Terms constitute a legally binding agreement between you and WillThis (“Company,” “we,” “us”).

2. Nature of Service and Core Disclaimers

2.1 No Legal or Financial Advice

The Platform provides time-capsule-style message storage, legacy narrative preservation, and family tree building functionality. The Platform does not provide legal, tax, financial, or estate planning advice. No attorney-client relationship, fiduciary relationship, or financial advisor relationship is created between the User and the Company through use of the Service. For matters involving will validity, estate distribution, or digital asset inheritance, Users should consult an Ohio-licensed attorney.

2.2 No Will Execution Functionality

WillThis is not a will execution tool. Any information, instructions, or documents stored through the Platform (including “time-stored messages”) do not constitute a valid will, trust, or any legally binding estate disposition instrument. Such messages are merely the User’s personal expression or information transmission and do not meet the formal requirements of a will under Ohio law (such as witness or notarization requirements). The Company bears no liability for any action claiming to rely on such messages for estate distribution.

2.3 Service Provided “As Is” — Disclaimer of Warranties

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by applicable law, the Company expressly disclaims all express and implied warranties, including but not limited to:

• Implied warranty of merchantability;
• Implied warranty of fitness for a particular purpose;
• Warranty of non-infringement;
• Warranty that the Service will be uninterrupted, error-free, or absolutely secure.

We do not warrant that: the Service will meet your requirements; stored content will be preserved permanently without loss; time capsules will be delivered accurately on the specified date (except in cases of delay or failure caused by technical malfunction, network interruption, third-party service changes, or force majeure). This disclaimer follows the standard “AS IS” model adopted by technology platforms such as Google and Meta, and is designed in conjunction with Ohio’s enforceability requirements for express disclaimers.

3. User Responsibilities and Content Warranties

3.1 User Content Ownership and License

You retain ownership of all photos, stories, family tree data, messages, and other content uploaded to the Platform (“User Content”). By uploading, you grant the Company a worldwide, non-exclusive, royalty-free license to store, back up, display, and transmit your User Content within the Platform for the purpose of providing the Service.

3.2 Content Legality Warranty

You represent and warrant that:

• You own all rights necessary to upload the User Content, or have obtained the necessary authorization;
• Your User Content does not infringe any third party’s copyright, trademark, privacy rights, or other personal or property rights;
• Your User Content does not contain illegal, defamatory, obscene, or malicious content.

3.3 Family Trees and Third-Party Information

When building a family tree, you may enter personal information of living or deceased third parties. You warrant that you have obtained all consents or authorizations required by applicable law (including but not limited to Ohio and the privacy laws of your jurisdiction). The Company bears no liability for any claims arising from your unauthorized entry of others’ information.

4. Special Disclaimers Regarding Digital Assets and Legacy Access

4.1 Non-Fiduciary Status Regarding Digital Assets

You expressly understand and agree that: the Company is not your digital asset fiduciary, estate representative, or heir. Access permissions to account credentials, cryptocurrency keys, financial information, or other sensitive data you store on the Platform do not automatically constitute an estate planning document.

4.2 Account Inheritance and Access

The Company does not guarantee that, upon a User’s death or incapacity, their designated contacts will be able to access the User’s content. Users should handle digital asset inheritance through formal estate planning tools recognized under Ohio law (such as wills, powers of attorney, or digital asset management designations). The Company bears no liability for any losses arising from account access disputes.

5. Limitation of Liability

5.1 Cap on Direct Damages

To the maximum extent permitted by applicable law, the aggregate total liability of the Company and its directors, employees, and affiliates for any claims arising from the Service shall not exceed the total service fees you paid to the Company in the twelve (12) months preceding the claim (if any).

5.2 Exclusion of Indirect and Consequential Damages

The Company shall in no event be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Data loss or corruption;
• Lost profits or lost expected savings;
• Failed estate planning or impeded will execution;
• Any emotional distress or financial loss caused by time capsules not being delivered on time.

This limitation of liability clause is drafted with reference to Ohio law’s recognition of mutually agreed commercial risk allocation and the liability cap models commonly used in the technology industry.

6. Intellectual Property and DMCA Compliance

6.1 Copyright Infringement Notification

The Company respects the intellectual property rights of others. If you believe that User Content on the Platform infringes your copyright, please send a notification complying with the requirements of Section 512(c) of the Digital Millennium Copyright Act (DMCA) to our designated copyright agent.

6.2 Repeat Infringer Policy

The Company has implemented and reasonably enforces a policy of terminating the accounts of Users determined to be “repeat infringers” in appropriate circumstances. This policy is a necessary condition for the Company to maintain DMCA safe harbor eligibility.

7. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, and employees from and against any claims, damages, liabilities, and expenses (including reasonable attorney’s fees) arising from:

• Your violation of any provision of these Terms;
• Your User Content infringing third-party rights;
• Your unauthorized use of the Service or entry of third-party personal information.

8. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles. Any dispute arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the state or federal courts located in Ohio.

9. Modification of Terms and Severability

The Company reserves the right to modify these Terms at any time. Material modifications will be announced via notice on the Platform. Continued use of the Service constitutes acceptance of the new Terms. If any provision of these Terms is held unenforceable, the remaining provisions shall remain in full force and effect.

10. Contact Information

Legal notices and DMCA infringement notices should be sent to:
WillThis Legal Department
4705 Saint Andrew's Drive, Westerville, OH 43082
Email: legal@willthis.com
DMCA Designated Agent: [Agent name/firm; complete U.S. Copyright Office registration if required]