Version 2: Last updated February 18, 2025 | Download PDF

1. General

Thereafter creates secure technology and services that enable people to capture, organize, and connect to prepare everything they want to share when they are gone.
Thereafter website (“Websites”) and related services (together with the Websites, the “Service”) are operated by Thereafter, Inc. (“Thereafter,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. Thereafter may amend, update, or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Websites for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access, or participate in the Service.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. VIEW THESE TERMS HERE.

2. Description of Website and Service

We provide the Products and Services described to you:

• Capture. Tell your story, upload your records, and choose your connections. All done privately
• Organize. Store your documents and wishes in a single, intuitive place. So they know where to find it.
• Connect. Share a personalized and private capsule with each of your connections after you pass
• Promote the Safety and Security of our Services. Security comes first. Enjoy peace of mind knowing that only you and, after you have passed, your selected connections, will have access to the information you store on Thereafter.

Thereafter may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.

3. Acceptable Use of the Services

You are responsible for your use of the Services, and for any use of the Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us.

4. Registration

In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you as requested by Thereafter; (ii) to maintain the confidentiality of your login details and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Thereafter, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.

5. Your Consent to Contact Connections

By registering for and using the Services, you hereby consent to Thereafter reaching out to your connections by email or SMS with the contact information you have provided, including email and phone number where applicable. This includes, but is not limited to, sharing your name, contact information, connections names and contact information, and any other relevant details necessary to facilitate communication. You acknowledge that you have the authority to grant this consent and that your connections may be contacted as part of the Services. It is your responsibility to ensure your Thereafter is kept up to date and includes your Connections contact details.

6. Death Verification

You consent to i) Thereafter releasing your capsule in accordance with our “Death Verification” process. A connection tagged as a “Verifier” in your account having the ability to confirm your death in accordance with our “Death Verification” process. It is your responsibility to ensure your Thereafter contact details are kept up to date. Thereafter will not be responsible for any loss associated with releasing your capsule to your connections where there is a falsification of your death by one or more of your Connections.

7. Your Representations and Warranties

You represent and warrant to Thereafter that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules, and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service (including Activity Materials and Content) and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below.

You represent and warrant that you are not: (1) organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target of comprehensive U.S. economic or trade sanctions (i.e., an embargo); (2) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons; or (3) otherwise the target of U.S. sanctions.

8. Submission of Content

As a condition of submitting any information, data, documents, text, photographs, audio clips, audiovisual works, translations, or other materials on the Service (collectively, “Content”), you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Thereafter, and others as described and otherwise contemplated in these Terms and Conditions. You understand that your Connections will have access to the Content upon completion of the death verification process.

Specifically, when you share, create or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to host, run, copy, translate, and create derivative works of your content (consistent with your Profile settings). This means, for example, that if you share a photo with a Connection, you give us permission to store and share it with others (again, consistent with your settings). This license will end when your content is deleted from our systems.
Users should be aware that while we protect their privacy through encryption, this also means we cannot assist in recovering or accessing their content should they lose access to their account or devices. We encourage users to maintain their own backups of important information, as we cannot provide content data in response to user requests or legal demands.

9. Consent to Receive SMS Text Messages

Thereafter uses SMS and email for account verification and important administrative updates. This is not a marketing program. Your phone number and personal information will be used in accordance with our Privacy Policy. Message and email frequency varies based on account activity. Message and data rates may apply for SMS. Please contact your wireless carrier for details on your specific plan. By providing your mobile number and email address, you agree to receive SMS messages and emails for account verification and important administrative updates from Thereafter. Consent is a condition of purchase given the critical function that SMS and email serve in the administration of your Thereafter account. We use a double opt-in process for both SMS and email communications. After initial sign-up, you will receive a confirmation message/email to verify your consent. To stop receiving SMS messages, reply STOP to any message or contact our support team. To unsubscribe from emails, click the unsubscribe link at the bottom of any email or contact our support team. After opting out, you will receive one final message confirming your unsubscription. For help or support, reply HELP to any SMS message, use the contact information in our emails, or reach us at support@thereafter.com.

10. Indemnification of Thereafter

You agree to defend, indemnify and hold harmless Thereafter and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys’ fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any information we provide to you or your connections is inaccurate, inappropriate or defective in any way whatsoever. Thereafter accepts no liability whatsoever for any content saved or sent by any Author. If you become aware of any violations of this policy, you agree to report them to us promptly so that we can take appropriate action.

11. Payments

Payments are securely processed through Stripe. We accept Visa, Mastercard, and American Express. By providing payment information, you authorize Stripe to process your payment on our behalf. Your financial information is never stored on our servers, providing an extra layer of security and peace of mind.

Subscription fees and charges will be calculated and finalized post-confirmation of your subscription and payment, including applicable taxes. By completing a transaction, you authorize Stripe to process your payment for both the subscription charges and applicable taxes.

You acknowledge that failure to pay any outstanding fees within 14 days of the due date (“Grace Period”) will result in the permanent deletion of your account. During this Grace Period, all your data will be retained, and notifications will be sent to your contact details on your account. After the Grace Period, Thereafter will take action to remove permanently all associated data and information. You understand that it is your responsibility to ensure timely payment to avoid such irreversible actions.

12. Refund Policy

All payments are nonrefundable. There are no refunds or credits for subscriptions or partially used subscription periods. However, Thereafter may grant refunds or credits on a case-by-case basis at our sole discretion. Thereafter’s grant of a refund or credit in one instance does not obligate Thereafter to provide a refund or credit in the future, under any circumstances. If you cancel your periodic subscription to a paid Thereafter service, you will continue to have access to the service through the end of your current billing period.

13. Gifting and Referrals

You agree that you have the authority to gift Services or Products to others through Thereafter. By doing so, you consent to the transfer of relevant information to the recipient to facilitate the gifting process. The recipient will be subject to our terms and conditions upon acceptance of the gift.

14. No representations or warranties by Thereafter

THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY THEREAFTER ARE PROVIDED TO YOU ON AN “AS IS” BASIS. THEREAFTER AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THEREAFTER DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

15. Limitation on types of damages/limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THEREAFTER BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF THEREAFTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THEREAFTER’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THEREAFTER FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

You understand and agree that we have set our prices and entered into these Terms and Conditions with you in reliance upon the limitations of liability set forth in these Terms and Conditions, which allocate risk between us and form the basis of a bargain between the parties.

16. Termination and Deletion

Thereafter may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Thereafter account at any time by following the instructions available through the Service. Sections [10,12,14,15,17,25] of these Terms and Conditions shall survive any termination.
You can delete individual content you share, create and upload at any time. In addition, all content posted to your personal account will be deleted if you delete your account. Learn more about how to delete your account.
In the event of an account deletion request, you will be provided with access to your frozen account for 30 days. During that period, you can access your files and can download your data, but cannot modify or add anything. If you do not reinstate your account after 30 days, we will proceed to permanently delete your data. It may take up to 60 days to delete content after we begin the account deletion process or receive a content deletion request. After the content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems.

17. Proprietary Rights in Service Content and Activity Materials

All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (“Service Content”), are the proprietary property of Thereafter or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping, or similar data gathering or extraction methods to obtain Service Content. As between you and Thereafter, all data, information, and materials generated from your access and use of the activities made available on or through the Service, including content generated by you (“Activity Materials”), shall be exclusively owned by Thereafter, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to Thereafter any and all rights, title, and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of Thereafter or its licensors that are not expressly granted in these Terms and Conditions are reserved to Thereafter

18. Trademarks

“Thereafter” and all other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or service marks of Thereafter or their respective owners, and certain of them are registered with the United States Patent and Trademark Office or other trademark authorities. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Thereafter name or any Thereafter or thirdparty trademarks, service marks, graphics, or logos.

19. Legal Compliance and Government Requests

Our platform utilizes end-to-end encryption to protect user content. This means that once content is created and encrypted on our platform, we do not have the technical ability to access or decrypt this content. In the event of legal processes such as subpoenas, court orders, or other lawful government requests for information, we will comply to the extent of our abilities. However, due to the nature of our encryption, we cannot provide access to the content of communications or files stored on our platform. We may provide certain limited information such as account details, metadata, and usage information that we have access to. We will notify users of requests for their information unless prohibited by law or if such notification would be futile or ineffective. Users should be aware that they are solely responsible for maintaining records of their content if they anticipate needing to produce them for legal proceedings.

20. Privacy

Use of the Service is also governed by our Privacy Policy, a copy of which is located at www.thereafter.com/privacy. By using the Service, you consent to the terms of the Privacy Policy

21. Governing Law

These Terms and Conditions shall be governed by and construed under the laws of New York, United States of America, excluding any conflict of laws provisions, regardless of your country of origin or where you access the Service.

22. Choice of Forum

Subject to Section 21 (Dispute Resolution & Arbitration), all judicial proceedings relating to or arising out of these Terms and Conditions or the Service shall be brought in the state or federal courts sitting in New York City, New York. Both parties hereby consent to the personal jurisdiction of the state and federal courts sitting in New York City, New York, and waive any objections to venue in those courts.

23. Dispute Resolution & Arbitration

ANY DISPUTE OR CLAIM RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICE AND SEEKING MONETARY RELIEF SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS ACCORDING TO THIS SECTION.

Prior to initiating any arbitration, the party seeking arbitration (“Claimant”) must first send a written Notice of Claim to the other party (“Respondent”) by email or USPS Certified Mail. This Notice must contain the Claimant’s name, address, and contact information; the identity of counsel (if any); the nature and basis of the claim; and the specific relief sought. Within thirty (30) days of receipt of the Notice, the parties shall engage in at least one good-faith settlement conference by telephone or video conference. An individual party must be personally present at this settlement conference, and an entity party must be present at this settlement conference through an employee with settlement authority, though both parties may bring counsel as well. Arbitration shall be initiated only if no settlement can be reached at this settlement conference.
The arbitration shall be conducted by a single arbitrator and administered by the American Arbitration Association (“AAA”) according to its Consumer Arbitration Rules, Procedures for the Resolution of Disputes Through Document Submission, Consumer Fee Schedule, and Supplementary Rules for Multiple Case Filings (“AAA Rules”), and the provisions of this section. Where they conflict, the provisions of this section shall take precedence over any AAA Rules. If the AAA is unavailable to conduct an arbitration, the parties shall arbitrate through another mutually agreed upon organization or on an ad hoc basis according to the rules in this section. The arbitration shall be conducted in the English language.
If a claim is within the jurisdiction of a small claims court, either party may choose to have the case heard in the small claims court on an individual basis, instead of arbitration.
If twenty-five (25) or more similar Demands for Arbitration are filed against or on behalf of the same party or related parties, and if representation of the parties is consistent or coordinated across the cases, then the AAA’s Supplementary Rules for Multiple Case Filings shall apply. Counsel filing twenty-five (25) or more similar Demands for Arbitration against Thereafter must comply with the AAA’s Filing Requirements for Multiple Case Filings. There shall be no class or collective arbitration, or joinder of claims, except as provided for in the AAA’s Supplementary Rules for Multiple Case Filings.
If you do not want to arbitrate disputes with Thereafter and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@thereafter.com within 30 days of the day you first access or use the Service.
Notwithstanding the above, either party may apply for and obtain non-monetary, injunctive remedies or urgent relief in court without engaging in any arbitration or informal dispute resolution process.

24. Language

This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

25. California Resident

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

26. Miscellaneous

These Terms and Conditions constitute the entire agreement between Thereafter and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by Thereafter or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Thereafter may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Thereafter and you, and Thereafter’s and your respective successors and permitted assigns.