Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) govern your access to and use of the services, websites, and applications (collectively, the “Service”) provided by Perpetua (“we,” “us,” or “our”).

For purposes of these Terms, “Legacy Data” means information relating to a deceased individual, including digital assets, online accounts, account identifiers, metadata, communications, documents, online profiles, and digital footprints.

By accessing or using the Service, you agree to be bound by these Terms.

If you do not agree with these Terms, do not use the Service.

2. Eligibility

You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction (whichever is greater), to use the Service.

By using the Service, you represent and warrant that you satisfy these eligibility requirements.

If you use the Service in connection with Legacy Data, you further represent and warrant that you possess all authority required under applicable law to instruct Perpetua regarding such Legacy Data.

3. Service Description

Perpetua provides services designed to assist authorized individuals and representatives in identifying, preserving, administering, or otherwise managing Legacy Data.

The Service may include tools that identify online accounts associated with email addresses, generate reports concerning digital assets, facilitate communications with third-party platforms, and assist with the administration of Legacy Data.

The Service does not access or read email body content or attachments except where expressly authorized by the Customer and permitted by applicable law.

We may modify, suspend, or discontinue the Service or any feature at any time, with or without notice.

3A. Authority to Act on behalf of a Deceased Person

If you submit information relating to a deceased individual or request services concerning Legacy Data, you represent and warrant that:

• (a) the individual identified is deceased;
• (b) you are an executor, administrator, personal representative, heir, next of kin, fiduciary, trustee, attorney-in-fact, or other person legally authorized to act with respect to the deceased individual, the deceased individual's estate, or the relevant Legacy Data;
• (c) all information and documentation supplied to Perpetua are accurate, complete and authentic;
• (d) no known dispute exists concerning your authority;
• (e) you will promptly notify Perpetua of any challenge to your authority;
• (f) your instructions comply with applicable inheritance, succession, probate, privacy, data protection, fiduciary, and digital asset laws; and
• (g) where applicable law requires consent, authorization, permission, approval, or another legal basis for the disclosure, transfer, access, or processing of Legacy Data or personal information, you have obtained and will maintain such consent, authorization, permission, approval, or legal basis.

3.B Verification of Authority

Perpetua may require documentation reasonably necessary to verify authority, including:

• death certificates;
• probate filings;
• letters testamentary;
• grants of administration;
• court orders;
• government-issued identification;
• notarized declarations;
• documentation establishing family relationships.

Perpetua may suspend, refuse, delay, or terminate services pending satisfactory verification.

3.C Reliance on Customer Representations

Perpetua may rely on representations, warranties, instructions, consents, permissions, authorizations, and documentation provided by Customers, except where applicable law requires independent verification.

Perpetua has no obligation to independently determine:

• the validity of succession rights;
• the identity of lawful heirs;
• executor appointments;
• ownership of digital assets;
• family relationships;
• authority under foreign law;
• probate status.

3.D Competing Claims

If Perpetua becomes aware of competing claims regarding authority over Legacy Data, Perpetua may suspend, refuse, delay, limit, or terminate the Service until such dispute is resolved to Perpetua's reasonable satisfaction.

Perpetua shall not be liable for delays resulting from such disputes.

4. Account Authorization and Third-Party Access

Certain features of the Service may require authorization to access third-party accounts, platforms, or services through OAuth, API authorization, delegated access, account-permission workflows, or similar technical mechanisms (“Third-Party Access”). By granting Third-Party Access, you expressly authorize Perpetua to access and process the information made available through the permissions you grant, solely for the purpose of providing the Service. You may revoke Third-Party Access at any time through the relevant third-party platform or account settings, where available.

Perpetua is not responsible for actions you take while the Third-Party Access is active.

Where access to any third-party account, platform, or service is granted in connection with Legacy Data or personal information, you represent and warrant that such access is lawful and that you possess all rights, permissions, consents, authorizations, and legal bases necessary to grant such access and permit Perpetua to process the information made available through such access.

5. User Responsibilities

You agree to use the Service only for lawful purposes and in a manner consistent with these Terms.

You are responsible for maintaining the confidentiality of any credentials or account access that you provide to the Service.

You must not attempt to access other accounts without authorization.

You shall provide only information reasonably necessary to perform the requested Services. You shall avoid providing unnecessary sensitive information concerning deceased individuals or living third parties.

You shall cooperate with Perpetua in responding to all reasonable requests for identity verification, authority verification, and supporting documentation.

5.A Customer Responsibility for Lawful Disclosure

You are solely responsible for ensuring that any information, documentation, Legacy Data, credentials, permissions, authorizations, account access, or personal information submitted or made available to Perpetua may be lawfully disclosed, transferred, accessed, and processed for the purposes requested by you.

Perpetua may rely on your representations regarding the legality of such disclosure, transfer, access, and processing, except where applicable law requires independent verification.

6. Intellectual Property

All right, title, and interest in and to the Service, and all related intellectual property, are and will remain the exclusive property of Perpetua or its licensors. Nothing in these Terms grants you any rights to our intellectual property except for the limited right to use the Service as expressly permitted by these Terms.

Nothing in these Terms shall be construed as transferring ownership of Legacy Data, estate assets, account credentials, digital assets, or rights associated with a deceased individual's estate to Perpetua.

Customers retain responsibility for determining ownership and succession rights relating to digital assets and Legacy Data.

7. Disclaimers

The Service is provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free operation. Perpetua does not warrant that the Service will meet your requirements.

Perpetua does not warrant or guarantee that any third-party platform, social media provider, search engine, email provider, domain registrar, hosting provider, data broker, governmental authority, or online service will honor requests for deletion, memorialization, transfer, de-indexing, modification, preservation, access, removal, or closure.

Perpetua does not guarantee the existence, discoverability, recoverability, accessibility, transferability, preservation, deletion, or removal of any digital asset, online account, or Legacy Data.

Furthermore, Perpetua does not provide legal, tax, fiduciary, probate, estate-planning, investment, or financial advice. Any information provided through the Service is for informational and administrative purposes only and should not be relied upon as legal advice.

Perpetua does not guarantee any particular legal, probate, inheritance, privacy, reputational, search engine, commercial, or administrative outcome.

8. Limitation of Liability

To the maximum extent permitted by law, in no event shall Perpetua, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of the Service, including without limitation loss of data, loss of profits, or business interruption. Perpetua's aggregate liability for direct damages arising from these Terms shall not exceed the greater of (a) the total amount paid by you to Perpetua in the twelve (12) months preceding the event giving rise to the claim; or (b) one hundred U.S. dollars (US$100).

Without limiting the foregoing, Perpetua shall not be liable for:

• (a) disputes among heirs, beneficiaries, executors, administrators, fiduciaries, trustees, family members, creditors, or other interested parties;
• (b) inaccurate, incomplete, fraudulent, forged, or misleading information supplied by Customers;
• (c) the actions or omissions of third-party platforms, service providers, government agencies, courts, or registrars;
• (d) delays resulting from authority verification procedures;
• (e) delays resulting from competing claims regarding Legacy Data;
• (f) loss, deletion, suspension, memorialization, transfer, or modification of online accounts by third parties; and
• (g) any claim, complaint, investigation, inquiry, enforcement action, regulatory proceeding, or allegation arising out of or relating to your failure to obtain or maintain any required consent, authorization, permission, approval, legal basis, or authority for the disclosure, transfer, access, or processing of Legacy Data or personal information.

8.A. Indemnification

You agree to indemnify, defend, and hold harmless Perpetua and its officers, directors, employees, contractors, agents, affiliates, successors, and assigns from and against any claims, demands, actions, proceedings, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• (a) your use of the Service;
• (b) your violation of these Terms;
• (c) your representations concerning authority to act on behalf of a deceased individual;
• (d) inaccurate, incomplete, forged, fraudulent, or misleading information provided to Perpetua;
• (e) disputes regarding inheritance, succession, probate, fiduciary obligations, authority, ownership of digital assets, or administration of Legacy Data;
• (f) claims asserted by heirs, beneficiaries, fiduciaries, family members, creditors, or other third parties.

9. Privacy

Our Privacy Policy governs the collection, use, disclosure, retention, transfer, deletion, and protection of personal information and Legacy Data.

By using the Service, you acknowledge the processing activities described in the Privacy Policy, located at https://www.withperpetua.com/privacy. Depending on the circumstances and applicable law, Perpetua may process information on the basis of one or more lawful grounds, including performance of a contract, legitimate interests, compliance with legal obligations, or consent where required by law.

Perpetua voluntarily applies safeguards to Legacy Data substantially similar to those applied to personal information relating to living persons, even where such safeguards are not legally required.

10. Termination

We may suspend or terminate your access to the Service at any time, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Service will immediately cease.

Without limiting the foregoing, Perpetua may suspend, refuse, delay, or terminate Services where:

• (a) authority cannot be verified;
• (b) required documentation is not provided;
• (c) competing claims regarding Legacy Data arise;
• (d) Perpetua reasonably believes that continued performance could expose it to legal, regulatory, fiduciary, privacy, or reputational risk.

Termination shall not affect any representations, warranties, indemnification obligations, limitations of liability, or rights accrued prior to termination.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law provisions. Any dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state or federal courts located in Delaware.

Nothing in these Terms shall be construed as requiring Perpetua to determine the applicability of foreign inheritance, succession, probate, fiduciary, privacy, or digital asset laws.

12. Changes to Terms

We may modify these Terms at any time. We will post the revised Terms with a new “Last updated” date at https://www.withperpetua.com/terms. Continued use of the Service after such changes constitutes acceptance of the revised Terms.

Where required by applicable law, material modifications affecting Legacy Data processing, authority verification procedures, or customer rights shall become effective only after reasonable notice to affected users.

13. Contact

If you have questions about these Terms, or regarding authority verification, estate administration requests, Legacy Data processing, or the exercise of rights concerning Legacy Data, please contact us at signup@withperpetua.com.

14. Perpetua's Higher Compliance Principles

Perpetua recognizes that information relating to deceased individuals may carry significant privacy, reputational, familial, fiduciary, and emotional interests.

Accordingly, Perpetua voluntarily applies safeguards to Legacy Data substantially similar to those applied to personal information relating to living persons, even where such safeguards are not legally required. The application of such safeguards does not constitute an admission that Legacy Data is subject to any particular privacy or data protection law, nor does it create statutory rights where none otherwise exist under applicable law.

Nothing in this Section shall create independent legal rights beyond those expressly provided in these Terms, the Privacy Policy, or applicable law.