Terms of Service

1. Acceptance of Terms

When I Am Gone (the "Service") is operated by When I Am Gone (Pty) Ltd ("we", "us", "our"). When you access or use the Service, you agree to these Terms of Service. If you do not agree, please do not use the Service.

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;
• Tools for sharing information with designated trusted contacts and executors via our access request workflow;
• 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. Not Legal Advice

Important: The Service gives you information tools and resources only. We do not give legal, financial, tax or professional advice. The information and resources here are for general guidance. They are not a substitute for professional advice.

For advice that fits your situation, please speak to a qualified attorney, accountant or financial adviser. We are not responsible for decisions you make based on information from the 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 contents (assets, debts, instructions and uploaded files) 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 the data, not us and not anyone else. You will permanently lose access to it. 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. Access Requests and Sharing

The Service includes features for sharing information with trusted contacts and for processing access requests from executors. You are responsible for carefully managing who you grant access to and what information you share. We are not liable for any consequences of your sharing decisions.

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.

When the practitioner portal shows firm branding ("white-label") to end clients, the practitioner alone is responsible for the content of that branding and for the advice or services it suggests. We are the technology provider only. We do not become party to any professional relationship between a practitioner and their client.

9. Legal Notices and Paid Services

We bill legal notice orders, subscriptions and other paid services through our payment partner, Paystack. Where Gazette and newspaper publication fees apply, we pass them through at cost. Any service fee on top is shown to you up front. Once an order is lodged with the publisher, it usually cannot be cancelled.

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

Consultations booked through When I Am Gone are paid services provided by us or by our associated practitioners. We accept consultation requests at our discretion. A request only becomes a confirmed booking once we have replied with an agreed scope and fee, and you have paid via Paystack. When I Am Gone is an administrative and information service. Consultations are not regulated legal or financial advice unless the relevant professional says so in writing.

10. Limitation of Liability

To the fullest extent the law allows, When I Am Gone is not liable for any indirect, incidental, special, consequential or punitive damages from your use of the Service. That includes loss of data, profits or goodwill. Nothing in these Terms limits any liability that the Consumer Protection Act 68 of 2008, or any other South African law, says cannot be limited.

11. Termination

We may suspend or end your access to the Service at any time if you materially breach these Terms. You can delete your account at any time from your account settings. When access ends, your right to use the Service ends straight away. Our Privacy Policy explains what happens to your data after that.

12. Changes to Terms

We may change these Terms from time to time. We will let you know about material changes by email or through the Service. If you keep using the Service after a change takes effect, you accept the updated Terms.

13. Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any disputes about these Terms or the Service will be heard in the South African courts.

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.