These terms of use (the “Terms of use”) govern your use of Legacies (the “Service” as defined below). By accepting the Terms of use, an agreement is entered into by you (“you”) and Legacies AB, company registration number 559463-8198 having its registered address at Vikingagatan 27 Lgh 1305, 113 42 Stockholm (“we” or “us”).
The Service is provided through our mobile application (the “App”). Information about the Service is provided on our webpage (the “Webpage”). By creating a user account with us you accept these Terms of use. If you do not agree to these Terms of use, please do not use the Service provided by us.
These Terms of use apply within Sweden.
Persons under the age of 13 may not use the Service without parental consent.
THE SERVICE
- The Service is a platform enabling users to create their personalized memorial page. The Service also includes the ability to plan funerals, store wills, and other documentation for easy access by loved ones. Additionally, the Service features a tool for self-reflection. Legacies is currently available in a free version, however users have the option to pay for premium features, such as sending personal messages after their passing to loved ones.
- Everyone using our Service is, in these Terms of use, referred to as “Users” or “you”, a definition which also includes you as a party to this contract that you have entered into by accepting these Terms of use.
- The Service will also enable Users to store legal documents such as wills. We wish to declare that we under no circumstances will be responsible for the accuracy and legality of such documents or other documents uploaded to the Service. We also assume no responsibility for the reliability of the storage of these documents on the Service, and our storage service should not be used as the sole repository for documents of importance to you. You as a User is solely responsible for informing relevant people such as loved ones that you have an existing account on the Service and make them aware of how they can access any documents of importance to them uploaded to the Service.
LICENSE
- Provided that you accept and adhere to these Terms of use, you are granted a non-exclusive, non-transferable, revocable license to download, install and use the App in object code form on a mobile device which you own or have access to, in Sweden, in order to use the Service for its intended purpose.
- You will not receive any other license to use the above intellectual property rights except as expressly provided in these Terms of use.
- You understand and accept that content posted on the Service may belong to third parties, and that we have no control over such content. You subsequently understand and accept that we cannot be held liable for such content supplied by third parties and presented or made available within the scope of the Service.
- We do not grant you or anyone else permission to copy or alter the App in whole or in part. You, or a third party, may not without our consent develop, add to, decompile or make reverse engineering on the App or its components. It is not allowed to re-create the source code or its functionality, or make copies of the software, other than as expressly permitted by mandatory law.
- You may not use the Service to distribute viruses, trojans or similar programs. We do not allow automatic reading of the Service.
- All intellectual property rights in the App, or in any other part of the Service, belongs to or are disposed of with license by us. Nothing in these Terms of use shall be construed as a transfer of any intellectual property right or any other right to you. You are only given the limited license as described above.
USERNAME AND PASSWORD
- In order to use the Service, you will have to create a user account (the “User account”) and sign in to it.
- The username which you choose when creating your account should be your real name (first and last name). The username and password you choose must not be: harmful, abusive, racially or ethnically offensive, sexually explicit, defamatory, infringing any intellectual property right or invasive of personal privacy rights. We have the right to change your username if it, in our opinion, violate these Terms of use.
- When creating your user account, you will be asked to submit certain information about yourself. Please read our privacy policy before you start using the Service. You can find the privacy policy here https://getlegacies.com/privacy-policy. Do not use the Service if you do not accept the privacy policy.
- Your account is personal and you are not allowed to transfer your account to any third party or to allow a third party to use the Service through your user account. You are responsible for protecting your login information from access by unauthorized persons. If you have reason to believe that any third party has gained access to your user account, you must immediately inform us. We have the right, but not the obligation, to suspend access to your user account if we have reason to believe that any third party has gained unlawful access to your user account.
YOUR USE OF THE SERVICE
We do not want the Service to be used for anything other than its intended purpose. Your use of the Service may only be in accordance with its intended purposes, as described above. If you do not accept this, we ask you not to use the Service.
MESSAGES
- Users will be able to send messages through a self-reflection feature within the App. Messages sent to another user will only be visible to that specific user.
- Within these Terms of use, we apply the same rules and approach for messages as for other User-generated Material.
USER-GENERATED MATERIAL
- You may upload content such as written comments, messages and photos ("User-generated Material") to the Service.
- You agree and warrant that you will not distribute or upload any User-generated Material to the Services which:
- is false, misleading, untruthful or inaccurate,
- promotes or encourages illegal activity,
- is racially or ethnically offensive and/or constitutes agitation against a minority (such as a national or ethnic group),
- constitutes defamation, contains pornography or is in any other way sexually explicit,
- attacks sexual orientation or religion or is discriminating in any other way,
- constitute insult or persecution of a person or otherwise is perceived as an infringement on a person’s integrity,
- is in any way harmful, abusive, offensive or illegal or which infringes the rights of any third party (such as including but not limited to copyright and trademarks), or
- otherwise contradicts the Service's intended purposes.
OUR POSITION WITH REGARD TO USER-GENERATED MATERIAL
- We will not tolerate any message we consider inappropriate, illegal or unethical. We have a statutory duty to monitor the User-generated Material that is made available in the Service and to, under certain conditions, remove User-generated Material from the Service. We reserve the right to, at our sole discretion, remove User-generated Material that we deem inconsistent with these Terms of use or as we in any other way consider unfair, unethical or illegal and that may be harmful to us or the Users of the Service.
- If you encounter any User-generated Material that you believe infringes these Terms of use, or receive messages from other Users that are abusive or inappropriate in any way, or if you have any other reason to believe that our services are used for illegal purposes or for purposes that are not in accordance with these Terms of use, please contact us at info@getlegacies.com or Vikingagatan 27 Lgh 1305, 113 42 Stockholm.
INTELLECTUAL PROPERTY RIGHTS TO USER-GENERATED MATERIAL
- Ownership of all User-generated Material belongs to you, or the third party that owns the intellectual property rights to such User-generated Material. You hereby give us a worldwide, perpetual, non-exclusive, gratuitous and transferable right to possess, process, store, publish, distribute, stream, transmit, playback, transcode, copy, present, display and otherwise use the User-generated Material to provide and market the Service, or any of our current or future products or services.
- You warrant that you have all necessary rights to show and upload User-generated Material, to use the User-generated Material in all other ways and to grant us the license to the User-generated Material as described above.
NETWORK FEES AND ACCESS
You are responsible for securing your access to the network necessary to use the Service. There may be additional costs for e.g. transfers of data and messaging services. These costs are not paid by us. Furthermore, you are responsible for obtaining and keeping the necessary hard- or software up to date to access and use our Service.
PAYMENT
The Service includes premium features, which users can access by making a purchase. Transactions are made through the App Store’s or Google Play’s respective payment systems. The payment terms are provided at the time of payment.
PROCESSING OF PERSONAL DATA
We process personal data received in connection with the use of the Services. The personal data processing is made in accordance with our privacy policy (available here https://getlegacies.com/privacy-policy).
DISCLAIMER OF WARRANTY
- The Service, including the App, are provided ‘as is’ without warranties of any kind. Your use of the Service is solely your responsibility and at your own risk. We do not grant any warranties, express or implied or otherwise, as to the accessibility, quality, qualification for any particular purpose, suitability or accuracy of the Webpage, App or the Service.
- We recommend you not to rely on the Service for a purpose which is of high importance to you or which you consider intolerable if not met, since there may be situations where the Service will not be available, due to, but not limited to, maintenance and circumstances beyond our control. In addition, we reserve the right to modify or discontinue providing the Service, at our sole discretion. To the extent permitted under mandatory law we are not liable to you or any third party for any direct, indirect or other damages of any kind, including but not limited to, lost profits, loss of income, loss of revenue, business interruption or loss of goodwill arising out of, or in connection with, these Terms of use or the inability to use the Service. We are not responsible to you for any third party claims made against you. Our total liability to you in connection with the Service, for any injuries, losses, and legal actions, shall under no circumstances exceed the commission fee charged by us on the transactions made by you through the Service.
INDEMNITY AND LIMITATION OF LIABILITY
- You are liable for any damages inflicted on us, or any third party, due to your breach of these Terms of use, including but not limited to the misuse of the Service. Furthermore, you agree to indemnify us in relation to any claims, costs (including reasonable legal costs) damages, expenses, liabilities and losses incurred by us in relation to your breach of these Terms of use or other applicable law.
- Should any User-generated Material infringe a third party’s intellectual property right, you agree to immediately remove all infringing parts of the User-generated Material and indemnify us from all damages, costs and expenses incurred by us as a result of such infringement.
CHANGE OF TERMS AND TERMINATION OF SERVICES
- We have the right to make changes and updates to these Terms of use. We will inform you of any such changes at the latest thirty (30) days before an adjustment enters into force. We will give you such information by clear notice by email to the email address provided by you.
- You have the right to terminate your user account and remove your content from the Service at any time and without prior notice.
- We have the right to suspend your access to the Service with immediate effect if we have reason to believe that you are violating these Terms of use. Furthermore, we reserve the right to modify, discontinue, temporarily or permanently cease providing the Service at any time without prior notice, on our own discretion, or if required by law or by a decision by an authority. You accept that we shall not be liable to you or to any third party for such modification, suspension or discontinuance.
TRANSFER
You may not assign or transfer any rights, obligations or licenses as provided in these Terms of use. We may assign and transfer our rights under these Terms of use without your consent and without notice to you.
APPLICABLE LAW AND DISPUTES
- These Terms of use shall be governed by and construed in accordance with Swedish laws, without regard to its conflict of law rules.
- Any dispute or claim arising out of or in connection with these Terms of use, or the breach, termination or invalidity thereof, shall be finally settled by Swedish courts, with the Stockholm District Court as the first instance, unless otherwise provided by mandatory law.