Terms of Service

1. Acceptance of Terms

When I Am Gone is operated by When I Am Gone (Pty) Ltd. These terms describe the service and the obligations that apply when you create an account or place an order. Before accepting a paid order, you must be able to review its description, total price, billing frequency and applicable conditions and correct errors. Acceptance of these terms is separate from optional marketing consent. Keep a copy of the terms and your order confirmation.

2. Description of Service

When I Am Gone is a secure service for organising and storing estate planning information. The Service includes:

• A client-side encrypted personal vault for assets, liabilities, contacts, documents and final wishes;
• User-controlled export tools. The proposed LifeKey trusted-contact and executor access workflow remains in private review and is not a live public feature;
• The When I Am Gone Pro practitioner portal used by attorneys, accountants and estate administrators to manage client matters, place deceased estate legal notices (including Government Gazette Section 29 and 35 notices) and operate under their own firm branding ("white-label"); and
• Subscription and once-off payments processed through our payment partner.

3. Information tools and professional services

Important: The vault, will-preparation tools, calculators and general guidance do not by themselves provide personalised legal, tax or financial advice. An FSP licence is not an insurer’s licence and does not certify a will or guarantee any product or result.

Financial advice or intermediary services require an identified provider acting within its current FAIS authorisation, representative arrangements and agreed mandate. Automated financial advice is not offered. Before a regulated engagement, the provider must disclose its identity, licence scope, representative status, material conflicts, remuneration and complaint arrangements. A disclaimer cannot turn regulated conduct into an unregulated service.

4. Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials;
• Maintaining the security of your vault passphrase;
• All activities that occur under your account;
• Ensuring the accuracy of information you provide; and
• Notifying us promptly of any unauthorised access.

5. Vault Passphrase and Encryption

Your vault entries (assets, debts, instructions and contacts) and uploaded documents are locked in your browser using a key made from your passphrase. We never receive, store or have any way to recover your passphrase. If you lose your passphrase, no one can unlock those private vault copies -- not us and not anyone else. You will permanently lose access to them. Documents you have already explicitly shared with a professional may still be accessible to that professional via the sharing connection. Please keep your passphrase safe.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose;
• Attempt to gain unauthorised access to other users' accounts or data;
• Interfere with, disrupt or probe the security of the Service;
• Upload malicious software or unlawful content; or
• Impersonate any person or entity, or misrepresent your professional credentials.

7. Exports, Sharing and LifeKey

You may export information and use any separately enabled practitioner-sharing feature under your own instructions. The proposed LifeKey trusted-contact and executor request workflow remains in private review; public invitations, requests and releases are paused and are not included in the current Service.

8. When I Am Gone Pro Practitioner Portal

Only registered professionals may use the practitioner portal. When you register, you confirm that the professional details you give us (firm name, regulatory body and practice number) are correct. We review every practitioner account. We may suspend or remove an account if the information is wrong, or if the account is used in breach of these Terms or any professional rules that apply to you.

A practitioner is responsible for their own professional instructions, advice and branding. WIAG remains responsible for the services and data processing it performs and for its own regulated activities. The provider, client mandate and respective roles must be clear before a professional service begins. Firm branding does not transfer an FSP licence or remove any party’s legal duties.

9. Legal Notices and Paid Services

Paid orders use Paystack. The order must identify the service, full price, applicable tax, any publication or third-party charges, billing frequency, delivery or performance arrangements and cancellation terms before payment. A publisher’s involvement does not remove statutory remedies for our own service. Our Refund Policy explains cancellation and refund routes. No insurance premium or investment payment is collected through an ordinary vault or consultation purchase.

9A. South African-Domiciled Estates Only

When I Am Gone materials, including the will generator, executor pack and consultation services, are made for estates that fall under South African law. If you live outside South Africa, or your estate falls under another country's law, you can still use the service to learn. Before you sign or rely on any draft, get qualified local legal advice. When I Am Gone takes no responsibility for the use of these materials outside South Africa.

9B. Permitted Use, Self Only

Only the testator may use the will generator and related self-service tools, in person. You may not create, complete or sign a will or other legal document for someone else using these tools. You may not pretend to be someone else. We record the date, time and IP address of your self-drafting confirmation to support this rule. We will report suspected fraud or use by a third party to the relevant authorities.

9C. Paid Consultations

A consultation request becomes a booking only after the provider, scope, fee and applicable cancellation terms have been identified and agreed and the required payment has been made. Administrative support must remain within that agreed scope. Legal or financial advice may be provided only by a person and entity legally entitled to provide it. Whether advice is regulated depends on the service actually provided, not merely on how it is described or whether a written disclaimer was accepted.

9D. Financial crime and lawful restrictions

The service may not be used for money laundering, terrorist financing, proliferation financing, fraud or unlawful dealings with designated persons or property. We may request proportionate identity or authority information, examine a potential sanctions match, preserve relevant records, restrict a prohibited transaction and make a report where law requires it. A possible name match must be reviewed; it is not proof of wrongdoing. We cannot promise advance notice or disclosure of a report where that would contravene FICA, POCDATARA or another law. A support agent cannot authorise a transaction prohibited by law.

9E. Financial services scope

WIAG’s licence documentation identifies Category I, FSP 55699, for non-automated advice and other intermediary services in long-term insurance subcategories A, B1, C, B2, B2-A and B1-A, subject to its conditions and restrictions. Only services covered by the current licence and the relevant appointments may be provided. The insurance pages currently provide education and capture interest; they do not offer cover for purchase, a quotation or a guarantee of acceptance. Before any future insurance transaction, the insurer, product terms, exclusions, costs, remuneration, claims and complaint routes must be disclosed.

10. Limitation of Liability

Nothing in these terms excludes liability for fraud, gross negligence or any liability or remedy that applicable law does not permit us to exclude. Consumer rights to proper performance, cancellation, refunds and complaints remain available where they apply. Any permissible limitation must be fair, brought to your attention before agreement and interpreted consistently with the CPA and ECTA. A general advice disclaimer does not excuse a failure to perform the service we agreed to provide.

11. Termination

We may restrict access promptly where necessary to protect accounts, prevent unlawful activity or comply with a lawful restriction. For other material breaches, we must give the notice and opportunity to remedy required by the agreement and applicable law, including CPA section 14 where it applies. You may cancel a subscription using the cancellation method in the Refund Policy. Cancellation, suspension and account deletion have different effects; we must explain the consequences for paid access and retained information.

12. Changes to Terms

We will give reasonable advance notice of material changes. We will not use a website update to impose a retrospective price change, waive an accrued right or obtain fresh consent by default. Changes that require agreement or consent will require it. Applicable rights to reject a renewal, cancel or complain remain available.

13. Governing Law

South African law governs these terms, subject to any mandatory protections that also apply. This clause does not remove access to a competent regulator, ombud, tribunal or court, or require a consumer to give up a remedy or jurisdiction that cannot lawfully be excluded.

14. Contact

When I Am Gone (Pty) Ltd, Office 8, PineworX, Lonsdale Way, Pinelands, Cape Town, 7405, South Africa.
For questions about these Terms, contact legal@wheniamgone.co.za.