Effective
Date: November 1, 2025
Last Updated: November 1, 2025
Welcome to Final Thoughts (“Final Thoughts,” “we,” “us,” or “our”). Please read these Terms &
Conditions (“Terms”) carefully. By
creating an account or using our website, mobile apps, or related services
(collectively, the “Services”), you
agree to be bound by these Terms.
If you do not agree to these Terms, do
not use the Services.
Final Thoughts provides a secure way for
you to create, store, and schedule delivery of personal messages and content (“User Content”) to recipients you
choose, to be delivered after your passing in accordance with these Terms and
our internal verification protocols.
Not
a Will or Legal Instrument. Final Thoughts is not a
will, trust, power of attorney, or legal/financial advisory service, and does
not replace legally binding estate documents. We do not provide legal, tax, or
financial advice.
●
Age. You must be 18+ (or the age of majority in your jurisdiction) to use the
Services.
●
Account Information. You agree to provide
accurate, current information and to maintain the security of your login
credentials. You are responsible for all activity under your account.
●
Location. You represent you are permitted to
use the Services under the laws of your jurisdiction.
You agree that you will:
●
Provide accurate recipient
information and keep it up to date.
●
Only upload content you have the
right to share and that complies with applicable law.
●
Not upload content that is
unlawful, defamatory, harassing, hateful, exploitative, invasive of privacy, or
that infringes intellectual property or other rights.
●
Not interfere with or disrupt the
Services or attempt to bypass security or access controls.
●
Comply with these Terms and our Privacy Policy ([link or reference]).
You are solely responsible for the
content you upload, including its accuracy and lawfulness, as well as for any
consequences resulting from inaccuracies in recipient information or delivery
instructions.
●
Storage. Your User Content is stored securely
using reputable third-party infrastructure and storage providers.
●
Limited Access. We have no access to your
stored User Content. Operational access may occur globally to maintain the
Services, address security or support issues, comply with law, or perform
delivery in accordance with your instructions.
●
Encryption & Security. We use technical
and organizational measures intended to protect User Content. However, no
system is 100% secure. You acknowledge risks inherent to online services.
●
Delivery Trigger. Delivery to recipients
occurs only after verified notification
of your passing, following our internal verification protocols.
Verification may include, for example, a certified copy of a death certificate,
a public obituary, confirmation from an executor/administrator, or
confirmations from trusted contacts you designate.
●
Delivery Method & Attempts. Delivery will
be attempted to the contact information you provided (e.g., email, SMS, postal
mail, or in-app). We will make commercially reasonable efforts and may attempt
multiple times/retry via alternative channels you’ve authorized. If delivery
fails after reasonable attempts, we may suspend further attempts or request
updated details from authorized parties.
●
Sensitive Content. You are responsible for any
sensitive personal data you choose to include. Do not upload content that
violates privacy rights of others, especially minors.
●
Your Rights. You retain all ownership rights
in your User Content.
●
License to Us. You grant Final Thoughts a
worldwide, non-exclusive, royalty-free, sublicensable license to host, store, encrypt, process, and deliver
your User Content as necessary to operate the Services and carry out your
instructions (including backups, security scanning, formatting, and
transmission).
●
Our Rights. The Services, including software,
interfaces, and brand elements, are owned by us or our licensors and are
protected by intellectual property laws. You receive a limited, personal,
revocable license to access and use the Services in accordance with these
Terms.
We may use third-party providers for
hosting, storage, communications, identity verification, or payments. Your use
of integrations may be subject to those third parties’ terms and privacy
policies. We are not responsible for third-party failures or acts or omissions.
If you subscribe to paid features:
●
Billing. You authorize us (or our processor)
to charge your payment method for the listed fees and applicable taxes.
●
Renewals. Subscriptions renew automatically
unless canceled before the renewal date.
●
Cancellation. You can cancel anytime,
effective at the end of the current billing period.
●
Refunds. Unless required by law, fees are
non-refundable once the billing period begins.
You agree not to use the Services to:
●
Violate law or others’ rights;
●
Upload malware or attempt to
disrupt or compromise security;
●
Harvest or collect information of
others without consent;
●
Engage in automated scraping or
excessive API calls not expressly permitted;
●
Upload or transmit content
exploiting or endangering minors.
We may remove or disable content that
violates these Terms.
We may modify, suspend, or discontinue
all or part of the Services (including features, storage limits, or delivery
methods) with or without notice, where lawful. We do not guarantee
uninterrupted availability.
●
By You. You may delete your account at any
time through settings or by contacting us. Deleting your account generally
removes access to your User Content from the live system after a reasonable
processing period; backups may persist for a limited time consistent with our
data retention practices.
●
By Us. We may suspend or terminate your
account for suspected violations of these Terms, legal risk, non-payment (if
applicable), or threats to the security or integrity of the Services.
●
Effect of Termination. Sections that by nature
should survive (e.g., IP, disclaimers, limitations of liability, dispute
resolution) will survive termination.
Our collection and use of personal data
is described in our Privacy Policy
([link or reference]). You acknowledge that we may process personal data of
your recipients solely to perform delivery as you instruct. You represent you
have a lawful basis to provide recipients’ information to us for this purpose.
If you are in (or provide data from) the
EEA/UK/Switzerland or other regions with data-transfer rules, you consent to
the transfer and processing of data in countries that may have different legal
protections. Where required, we rely on appropriate safeguards.
THE
SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO
THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT. We do not warrant that the Services will be
uninterrupted, secure, or error-free, or that delivery will occur within a
particular timeframe.
To the fullest extent permitted by law,
Final Thoughts and its affiliates, directors, officers, employees, agents, and
licensors are not liable for:
●
(a) errors in, or the inaccuracy of, recipient
contact details you provide;
●
(b) delays, failed deliveries, or access
issues caused by third-party systems, outages, or events beyond our reasonable
control;
●
(c) unauthorized access resulting from
breaches outside our reasonable control or from your failure to safeguard
credentials;
●
(d) indirect, incidental, special,
consequential, exemplary, or punitive damages; and
●
(e) aggregate liability exceeding the greater
of (i) amounts you paid to us in the 12 months before the claim or (ii) USD
$100.
Some jurisdictions do not allow certain
limitations; in those cases, the limitations apply to the maximum extent
permitted.
You will defend, indemnify, and hold
harmless Final Thoughts from and against any claims, damages, losses,
liabilities, costs, and expenses (including reasonable attorneys’ fees) arising
from: (i) your User Content; (ii) your use of the Services; (iii) your
violation of these Terms or applicable law; or (iv) your provision of
recipients’ personal data without a lawful basis.
You consent to receive notices and
communications from us electronically (e.g., email, in-app messages). Such
communications satisfy legal requirements that they be in writing.
If you believe content on the Services
infringes your rights, contact us at [Insert
Contact Email] with details sufficient for us to identify and address the
material. If you’re in the U.S., you may reference 17 U.S.C. §512 (DMCA)
procedures. We may remove content and terminate repeat infringers’ accounts
where appropriate.
●
Governing Law. These Terms are governed by the
laws of Florida, without regard to conflict of law rules.
●
Venue / Arbitration.
1. Agreement to Arbitrate.
Any dispute, claim, or controversy arising out of or
relating to this Agreement, including its formation, interpretation, breach,
termination, or validity, shall be resolved exclusively and finally by binding
arbitration administered by the American Arbitration Association (AAA) under
its Commercial Arbitration Rules then in effect. Judgment on the award rendered
by the arbitrator may be entered in any court having jurisdiction.
2. Venue and Governing Law.
The arbitration shall be conducted in Broward County,
Florida, and this Agreement shall be governed by and construed in accordance
with the laws of the State of Florida, without regard to conflict of law
principles.
3. Arbitrator Selection.
The arbitration shall be conducted by a single neutral
arbitrator with at least ten (10) years of experience in commercial contract
law. The arbitrator shall have exclusive authority to resolve any dispute
relating to the interpretation, applicability, or enforceability of this
arbitration provision.
4. Confidentiality.
All arbitration proceedings, filings, testimony, and
awards shall be strictly confidential and shall not be disclosed to any third
party without the prior written consent of both parties, except as required by
law or for enforcement of the award.
5. Costs and Fees.
Each party shall bear its own attorneys’ fees and costs,
except that the prevailing party may recover reasonable attorneys’ fees,
arbitration costs, and expenses as determined by the arbitrator.
6. No Class or Consolidated Actions.
The parties agree that any arbitration shall be conducted
solely on an individual basis and not as a class, consolidated, collective, or
representative action. The arbitrator shall have no authority to consolidate
claims or to award relief to any person or entity other than the named parties.
7. Injunctive Relief.
Notwithstanding the foregoing, either party may seek
temporary or preliminary injunctive relief in a court of competent jurisdiction
to preserve the status quo pending arbitration.
8. Survival.
This
arbitration clause shall survive the termination or expiration of this
Agreement and shall remain binding upon the parties.
We are not liable for delays or failures
caused by events beyond our reasonable control (e.g., acts of God, labor
disputes, internet or utility failures, governmental actions, war, terrorism,
epidemic/pandemic, natural disasters).
We may update these Terms from time to
time. When we do, we will post the revised Terms with a new Effective Date. Continued use of the Services after the Effective Date constitutes
acceptance of the changes.
Questions about these Terms or the
Services?
Email: [Insert Contact Email]
Address: [Insert Legal Entity Name & Mailing
Address]
●
Severability. If any provision is
unenforceable, the remainder remains in effect.
●
Assignment. You may not assign these Terms
without our consent; we may assign them as part of a merger, acquisition, or
asset sale.
●
No Waiver. Our failure to enforce a provision
is not a waiver of our right to do so later.
●
Entire Agreement. These Terms and any
referenced policies (e.g., Privacy Policy) constitute the entire agreement
regarding the Services and supersede prior representations or agreements.
●
Headings. Headings are for convenience only.
Final Thought.com? is your trusted platform for
finding meaningful connections. Inspired by
Shadi.om, we offer secure, personalized
matchmaking with advanced search options.
Whether seeking a life partner or new
connections,
