Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) are a legal agreement between you and LLM Family Investments Pty Ltd (ACN 610 504 482) as trustee for the LLM Family Trust (ABN 27 213 698 865), trading as Everlasting Email (“we”, “us”, “our”).

By creating an account or using Everlasting Email, you agree to these Terms and our Privacy Policy. If you do not agree, please do not use the service.

2. This Is Not a Will or Legal Document

Not a place to keep your will. Everlasting Email is not a mechanism for storing, executing, witnessing, or delivering a will, power of attorney, or other legal document, and you should not use it for that purpose. If you attach a copy of such a document to a message, we deliver it as an attachment only — we do not verify, witness, certify, or safeguard it, and whether the original has legal effect is a matter for the law that applies to you and for how it was made and signed, not for this service. Keep the original with your lawyer, or wherever the law where you live requires.

The people you name to help release your messages (a “trusted contact” or the holders of a two-person code) are chosen by you for that limited purpose only. Naming them here does not make them your executor, attorney, guardian, or legal representative, and gives them no authority over your estate or affairs.

3. Description of Service

Everlasting Email lets you create, store, and later deliver messages to people you choose (“recipients”). The service includes:

• Message creation and storage (text, video, photos, and file attachments)
• A choice of delivery methods (explained in Section 4) that decide when and how a message is sent
• Email delivery to the recipients you name
• Delivery tracking and read receipts

Recipients do not need an Everlasting Email account. They simply receive an email when a message is delivered.

4. How Messages Are Delivered

You choose one of these methods for each message:

• By a two-person code. The message is protected by a code made of two parts. You choose who holds each part — for example two trusted friends or family members, or your executor and your lawyer. The message is only released once both parts are entered. Code holders can never read the message — they can only release it for delivery to the recipients you named.
• Auto-Delivery (a “check-in” safeguard). You check in from time to time to show you are still managing your account. If you miss your check-in for long enough, the message becomes ready to send. Depending on your settings, it is either sent automatically or held for your trusted contact to confirm.
• On a set date. The message is sent automatically on the future date you choose.

The role of a trusted contact. If you use Auto-Delivery with confirmation, your trusted contact can either release your messages (which sends them) or decline. If they decline, delivery is put on hold and will not happen automatically until you check in again yourself. A trusted contact can never read the content of your messages. They see only limited information — such as how many messages are waiting and their status — and they see recipient names and email addresses only if you have chosen to share those details with them.

You are responsible for choosing people you trust, keeping their contact details up to date, and telling them what you would like them to do. We cannot verify a person's identity, their relationship to you, or whether a death or incapacity has actually occurred. We act on the delivery instructions and check-in status recorded in your account.

Delivery while you are alive. Auto-Delivery works from your check-ins, not from any knowledge of your circumstances. If you choose not to require your trusted contact's confirmation and you miss your check-ins — because you are travelling, unwell, or simply forget — your messages may be sent while you are alive and well. That is a consequence of the settings you choose. Requiring confirmation is the safeguard against it, and we recommend it.

5. Who the “Sender” Is

For technical delivery, messages leave our system from an Everlasting Email address (for example, messages@everlasting.email), not from your own email address. This means we are the technical sender under the Spam Act 2003 (Cth), while you remain the author of the message and are responsible for its content.

Because you are asking us to deliver a message to a specific person you have chosen, this is not unsolicited commercial email. You must only send messages to people who you reasonably expect would want to hear from you. Every delivered message identifies Everlasting Email as the sender and includes a way for a recipient to contact us or ask not to receive further messages. If a recipient asks to be removed, we will honour that request.

6. Your Account

To use Everlasting Email, you must:

• Be at least 18 years of age
• Provide accurate registration details and keep them up to date
• Keep your password confidential and your account secure
• Take responsibility for everything done through your account

7. Acceptable Use

You agree not to use Everlasting Email to:

• Send spam, unsolicited bulk messages, or marketing communications to recipients
• Send harassment, threats, defamatory content, or unlawful material
• Distribute malware or viruses, or attempt phishing
• Attempt to gain unauthorised access to our systems or to other users' accounts
• Break any applicable law, or infringe anyone else's rights

We do not proactively monitor or read your message content. We act on the above only if we receive a valid report, or where the law requires us to. We may suspend or close an account that breaches these Terms, as set out in Section 15.

8. Your Content

You own the content you create. It must be lawful and must not infringe anyone else's rights. You grant us the limited permission we need to store, process, encrypt, and deliver your content in order to run the service. This permission ends when your content is deleted, except where the law requires us to keep certain records (see our Privacy Policy for how long we keep financial records).

If someone makes a claim against us because of content you sent — for example, that it is defamatory or infringes their rights — you agree to cover the reasonable costs and losses we suffer as a direct result, to the extent the claim arises from your breach of these Terms. This does not apply to the extent the claim results from our own fault, and it does not limit your rights under the Australian Consumer Law.

9. Uploads, Media, and Malware Scanning

When you upload a file attachment, we scan it for malware before it can be delivered. If a file is found to be unsafe, it is rejected, blocked from delivery, and later deleted, and we let you know. Temporary and unprocessed upload files are removed automatically a short time after upload. Please keep your own copies of anything important — we are a delivery service, not a permanent backup.

10. Subscriptions and Payment

10.1 Plans and Pricing

Our plans (Essentials, Gold, and Premium) and their prices are shown on our pricing page. You can pay for a plan for one year, or prepay for two, three, or five years at a discount. Prices may change, but a change will never affect a period you have already paid for. We will give you reasonable notice before any price change affects you.

10.2 Billing

Subscriptions are paid in advance for the period you choose. Payments are handled securely by Stripe. We do not see or store your full card number. Prepaid multi-year plans are paid once, up front, for the whole term — they do not renew or bill again automatically.

10.3 Free Plan and Staying Active

The free plan asks you to sign in from time to time so we know your account is still in use. We will remind you by email before this is due. If you do not sign in within the required period (and a short grace period after it), we will delete the messages on your free account that have not been scheduled to send — but first we will email you a copy of them so you do not lose your words. Messages you have already scheduled to send are kept. Signing in resets the clock.

10.4 Grace Period After a Paid Plan Ends

If a paid subscription ends and is not renewed, you have a 6-month grace period. During the grace period your existing messages remain deliverable and continue to be delivered on schedule, but you cannot create new messages or change existing ones until you renew. We will email you before the grace period ends. If it ends without a renewal, your account returns to the free plan and the messages on it that have not been scheduled to send are deleted — but first we will email you a copy of them, so you do not lose your words. Messages you have already scheduled to send are kept. Two-person codes for deleted messages stop working, and anyone holding one is told plainly that the messages are no longer available.

10.5 Refunds and Cancellation

You may cancel at any time. As a goodwill measure, we offer a 30-day money-back guarantee: contact us at legal@everlasting.email within 30 days of a purchase and we will refund it in full. This guarantee is in addition to — and does not limit — your rights under the Australian Consumer Law (Section 10.6).

10.6 Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure with the service, you can cancel and receive a refund for the unused part of your subscription, or seek compensation for any drop in the value of the service. For a minor failure, you are entitled to have the problem fixed within a reasonable time. Nothing in these Terms limits or excludes any guarantee that applies under the Australian Consumer Law.

11. Delivery Is Not Guaranteed

We use reasonable care to deliver messages reliably, but we cannot guarantee delivery in every case. Some things are outside our control, including:

• A recipient's email address being wrong, closed, or changed
• Spam filters, blocking, or full or disabled mailboxes
• Failures in third-party email or internet infrastructure

Please review and update your recipients' details from time to time. Because a message may be delivered many years from now, we especially encourage you to keep this information current.

Delivery at the wrong time. We take reasonable care to ensure that a message is sent only when its delivery method says it should be, and never earlier. We test this carefully and monitor it. Even so, a technical fault could in principle cause a message to be sent early or late. To the extent the law allows, our responsibility for an early or late delivery caused by such a fault is limited as set out in Section 16, and nothing in this paragraph reduces your rights under the Australian Consumer Law.

12. What Happens to Undelivered Messages

We want to be honest about this, because it matters a great deal to our users.

• If you delete your account, all of your messages — including any that were scheduled or set for later delivery — are permanently deleted and will not be sent.
• If a paid subscription ends, your messages remain deliverable during the 6-month grace period. Please renew before it ends.
• If a free account becomes inactive, unscheduled messages may be deleted after we email you a copy, as described in Section 10.3.
• If Everlasting Email were to close down, we would give you as much notice as reasonably possible by email so that you could download your messages and make other arrangements. We cannot promise that messages will be delivered after the service permanently stops operating.

Because delivery may be intended to happen after your lifetime, we encourage you to tell a trusted person that you use Everlasting Email, and to keep your account and recipient details current.

13. Your Account After Your Death or Incapacity

We do not give anyone else access to your account or to the content of your messages — not your executor, your family, your trusted contact, or a person holding a two-person code. Your messages are released only in the way you chose for each of them (Section 4), and nobody, including our staff, can read a message before it is released. Recipients receive their message by email.

An executor or family member may ask us to close the account, or to confirm whether any messages remain undelivered. We will act on such a request only where we are satisfied of the person's authority and the law permits it. Closing the account cancels any messages not yet delivered. If you want someone to have your words, write them a message.

14. For Recipients, Trusted Contacts, and Code Holders

If you have received a message, or been asked to hold part of a two-person code or to act as a trusted contact, you do not need an account and these Terms do not bind you as a user. In plain words:

• The message was written by the person named as its author, who is responsible for its content. We delivered it at their request and did not read it.
• A trusted contact or code holder can only trigger or decline a release. They cannot read a message beforehand, and being named gives them no authority over the author's account or affairs.
• You can ask us to stop emailing you at any time; every message includes a way to do so (Section 5). If you believe a message was sent by mistake or is abusive, tell us at legal@everlasting.email.

15. Closing an Account

15.1 Closing Your Own Account

You may delete your account at any time in the Settings page. When you do:

• Your personal data is permanently removed — messages, media, recipients, and account settings
• Any pending or scheduled messages will not be delivered
• Financial records (invoices) are kept in anonymised form for 5 years, as required by Australian tax law, then deleted (see our Privacy Policy)

15.2 If We Close Your Account

We may suspend or close your account if you breach these Terms. Except where the breach is serious (for example, unlawful activity or abuse), we will give you at least 30 days' notice and a pro-rata refund for any unused, paid subscription period. For serious breaches, we may close your account immediately, and a refund may not be available.

16. Our Responsibility to You

To the maximum extent permitted by law, and subject to the Australian Consumer Law notice below, our total liability to you for any claim connected with the service will not exceed the amount you paid us in the 12 months before the claim.

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, or consequential loss, including loss of profits, data, or goodwill.

17. Intellectual Property

The Everlasting Email name, logo, and branding belong to LLM Family Investments Pty Ltd as trustee for the LLM Family Trust. The service and its original content and features are protected by copyright, trade mark, and other laws. You keep full ownership of the content you create (see Section 8).

18. Changes to These Terms

We may update these Terms from time to time. For any change that materially reduces your rights or increases your obligations, we will give you at least 30 days' notice by email before it takes effect.

If you do not agree with a material change, you may delete your account before the change takes effect and receive a pro-rata refund for any unused, paid subscription period. If you keep using the service after the change takes effect, that counts as accepting the updated Terms. Minor changes (such as fixing a typo or clarifying wording) may take effect when posted.

19. If Something Goes Wrong

Please contact us first at legal@everlasting.email so we can try to sort things out informally.

These Terms are governed by the laws of the Australian Capital Territory, Australia, and you and we submit to the courts of that place. This does not take away any right you have to bring a claim, or the protection of any law, in the place where you live — including consumer-protection laws such as the Australian Consumer Law.

20. Events Beyond Our Control

Neither you nor we are responsible for a failure or delay caused by events beyond reasonable control, such as natural disasters, war, terrorism, pandemics, government actions, power failures, internet outages, or failures of third-party providers. The affected party must let the other know promptly. If such an event continues for more than 90 days, either party may end the agreement, and you will receive a pro-rata refund for any unused, paid subscription period.

21. General

• Severability: If any part of these Terms cannot be enforced, the rest still applies.
• Entire Agreement: These Terms and the Privacy Policy are the whole agreement between you and us about the service.
• No Waiver: If we do not enforce a right straight away, we do not give it up.

22. Contact

For questions about these Terms, please contact us:

legal@everlasting.email

LLM Family Investments Pty Ltd (ACN 610 504 482)
as trustee for the LLM Family Trust (ABN 27 213 698 865)
Trading as Everlasting Email