I confirm I accept these Terms and Condition of Service and I agree to create an account which holds my personal data and information on my nominated Beneficiaries and Next of Kin. I confirm that I also accept the Privacy Policy in regards to how my data and any data I provide on others, is treated.

Terms and Condition of Service

1. Definitions:

• ‘Beneficiary’ or ‘Beneficiaries’ means the person(s) the Client nominate to receive Media from the Client.
• ‘Contract’ means the Contract in exchange for the Services entered into by the Client and the Service Provider (together ‘The Parties’). This includes these Terms and Conditions of Service, the agreed subscription cost, and incorporates any other documents The Parties enter into, including but not limited to the data privacy policy, any cookie policy on the Service Providers website, any update to the Terms and Conditions of Service and any other documents the Client agrees to enter with the Service Provider.
• ‘Client’ means the person using and/or subscribing to the website or application, who may or may not create Media, whether subscribing to the Services or not.
• ‘Client Responsibilities’ means items that are solely the responsibility of the Client and not the responsibility of Ewysh, for which the Client holds no liabilities over the Service Provider for.
• ‘Ewysh’ and ‘ewysh.com’ means the website or application created by the Service Provider.
• ‘Fee’ or ‘Fees’ means the subscription fee paid to Afterlife Intl Limited or their nominated payment collection company in exchange for the Services, regardless of whether they are paid monthly, yearly or any other frequency offered by the Service Provider.
• ‘Next of Kin’ or ‘NOK’ means the person the Client nominates to assist with the delivery of Media to a Beneficiary. The Next of Kin or NOK may also be a Beneficiary, if nominated.
• ‘Media’ means any media content or information created or saved by the Client, whether that be in video, photo, text or graphic format, and whether that be assigned to a Beneficiary or not.
• ‘Package’ means the selected subscription agreed with the Client, which forms part of this Contract.
• ‘Service Provider’ means Afterlife Intl Limited, a company registered in England and Wales with the company number ‘12984429’.

2. Fees
   1. The Client agrees to procure to the Service Provider the Fee due at each interval as set out in the subscription, depending on the Package requested. The Client agrees that the Fee will be taken for his or her nominated card, upon accepting these Terms and Conditions of Service and at each agreed interval as per the subscription, unless the Client passes away or cancels the Contract.
   2. The Client understands this is a rolling subscription and has no right to request a refund from a card provider. If the Client no longer wishes to utilise Ewysh, the Client should provide a notice of termination as per clause 6.b.
   3. Should the Client request a different Package, the Fees may increase or decrease, depending on the Subscription. Should the Client increase their subscription, the associated Fee will become payable on the Client accepting the Terms and Condition of Service for the said Package.
   4. If the event the Client wants to reduce his or her subscription, 60 days’ notice shall be given, and Fees until then shall remain payable for this period.
   5. No refund of Fees are offered, implied or given, whether or not the Client utilises the Services and/or creates Media.
   6. The Service Provider can increase the Fees from time to time and reasonable notice shall be given to the Client. Should the Client reject such increase, the Client can terminate and the 60 day notice period shall be reduced to 14 days.
3. Services:
4. In exchange for the agreed monthly subscription fee, the Service Provider shall provide the Client with:
   1. access to Ewysh and store Media to leave to Beneficiaries.
   2. Delivery of Media to the Beneficiaries as instructed by the Client, where possible.

• log in credentials in order to access to Ewysh.

1. access to tool to assist with the creation of Media.
2. To provide a strategy to identify when a Client has passed away, and to then activate the Media created.
3. To provide a chatbot helpdesk to assist with Client lead queries.

• Ewysh will take reasonable endeavours to ascertain if the Client has passed away.

4. Client Responsibilities:
5. The Client is responsible for ensuring:
   1. any Media created complies with local laws and is not in any way illegal or reporting of historic illegal or potentially illegal acts which may have taken place.
   2. their personal details are kept up to date, including but not limited to payment details.

• the NOK is informed that they are being nominated as someone to assist with the delivery of their personal Media, including assisting the Service Provider with knowing when they may have passed away.

1. Ensuring the details of their Beneficiaries is kept up to date, including but not limited to the Media created, the delivery date of the Media and the registered email address for the delivery of Media.
2. Ensuring that sensitive personal details, such as dates of birth, home addresses of the Beneficiary are not provided to the Service Provider, and if the Client does provide such details, the Client takes provides the Service Provider with a full indemnity from the Beneficiary and understands that the Service Provider may not deliver the Media if the Beneficiary opts out of receiving emails from Ewysh.
3. He/she doesn’t stop the payment without notice as per clause 6.b. and accepts that stopping the payments without following the cancellation procedure may trigger the delivery of Media prior to the Client passing away, as Ewysh uses this as one the indicators to identify when a Client has passed away.

• Alerting the NOK that he/she will need to take on these responsibilities on their behalf should they pass away.
• That they understand they may lose Media stored on Ewysh if they terminate the Contract.

1. The Client accepts that failure of to procure the Fees (except where the NOK has informed us of them passing away) may result in:
   1. the Services being suspended or terminated (including access to Ewysh).
   2. their Media may be delivered as Ewysh may believe that the Client has passed away.
2. Limitations on Liability
3. The service Provider accepts no liability for:
   1. Wrong delivery of Media if the Client has not kept his/her Ewysh portal up to date, including but not limited to payment, Beneficiary and NOK details.
   2. Media shared with law enforcement agencies at their request.

• Media once termination has been requested by the Client.

1. Loss of Media by third parties.
2. Media being delivered if the Service Provider suspects the Client has passed away and the NOK has failed to inform Ewysh.
3. Anything outside of its control, whatsoever, including but not limited to negligence, tort and data breaches by third parties.

6. Term and Termination
   6. The Contract to receive the Services is a rolling Contract with a monthly or yearly Fee applicable. The Terms and Conditions of Service will remain in place until the earliest of. (i) the Client passing away, (ii) the Client terminating in accordance with clause 6.b, or (iii) the Service Provider withdrawing the Services (for any reason whatsoever).
   7. The Client agrees that it will promptly inform the Service Provider that it wishes to terminate by providing 60 days’ notice to info@ewysh.com. The Client also accepts that yearly Fees are non-refundable given the discount already offered to yearly Subscriptions.
   8. In the event of the Service Provider ceasing trading, the NOK will be notified and will have a reasonable amount of time to download all Media to ensure he/she can pass such Media to your Beneficiaries as and when they see fit.
   9. The Service Provider retains the right to update these Terms and Conditions of Service from time to time and the Client will be notified in a reasonable time frame, whether that be by email, when logging into their account, having the visible on the Service Providers website, or by any other method deemed suitable.
7. Miscellaneous
   1. The Service Provider shall be entitled to assign the benefit of this Contract or to sub-Contract and/or delegate its obligations hereunder to any company it sees fit, including but not limited to solvent amalgamations with other companies and transferring the ownership of the website to other companies as the Directors of the Service Provider see fit, to the extent that the Services can be fulfilled.
   2. Where the word ‘including’ is used in these terms the words ‘without limitation’ will be inferred.
   3. Unless the context otherwise requires, words in the singular shall include the plural and vice versa.
   4. Unless the context otherwise requires, references to ‘him’ or ‘her’ shall also mean references to all sexes.
   5. The Client has no rights alter these Terms and Conditions of Service.
   6. In the event the Services Provider updates the Terms and Conditions of Service, the Client has the right to reject such change and terminate. Any Fees collected beyond this date will be refunded from the date the termination request was received.
   7. The Client acknowledges that he/she is entering into this Contract and has not relied upon and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made orally or otherwise and including negligently or innocently), other than as expressly set out in this Contract. Nothing herein shall limit or exclude liability for fraud.
   8. All provisions of this Agreement that may reasonably be construed as surviving the expiration, termination or cancellation of this Agreement, including (without limitation) any payment obligation or data required for legal purposes, shall survive such event and continue to bind the Clients.
   9. A person who is not a party to this Agreement, including but not limited to a NOK and/or Beneficiary shall not have any rights under or in connection with it.
   10. If any provision of this Agreement (or part of any provision) is found by any court or other body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable and/or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of The Parties.
8. Governance:
   1. This Contract shall be governed by and all disputes arising out of or relating to this Contract shall be governed by the laws of Canada and The Parties hereby submit to the exclusive jurisdiction of the English courts.