SUBSCRIPTON

USERS

Terms and Conditions

Effective Date: 27th March 2026

Welcome to OpenWhen App (“we,” “our,” “us”). By creating an account or subscribing to our services, you agree to the following Terms and Conditions.

1. Overview of Service

OpenWhen App is a secure digital platform enabling users to create, store, and deliver personal messages (including written notes, videos, voice recordings, and images) to nominated recipients (“Loved Ones”) at specific times or under certain conditions.

2. Eligibility

You must:

  • Be at least 18 years old; or

  • Have parental/guardian consent

You confirm that all information provided is accurate and current.

3. Account Registration

You agree to:

  • Maintain confidentiality of login credentials

  • Be responsible for all activity under your account

  • Notify us of any unauthorised use

We may suspend or terminate accounts that breach these Terms.

4. Subscription & Billing

4.1 Subscription Model

  • The app operates on a paid subscription basis

  • Features vary depending on your selected plan

4.2 Payments

  • Subscriptions are billed in advance (monthly or annually)

  • Payments are processed via secure third-party providers

4.3 Auto-Renewal

  • Subscriptions renew automatically unless cancelled

4.4 Failed Payments

If payment fails:

  • Message creation, uploads, and recordings will be suspended

  • Account access may be limited

If payment remains outstanding for 3 months:

  • The account will be deemed inactive

  • Trusted Contacts may be notified (see Section 6)

4.5 Cancellation

  • You may cancel at any time

  • Cancellation takes effect at the end of the billing cycle

  • No partial refunds unless required under Australian Consumer Law

5. User Content & Ownership

5.1 Ownership

You retain ownership of all uploaded content.

5.2 Licence

You grant us a limited licence to:

  • Store

  • Process

  • Deliver your content in accordance with your instructions

We do not sell or commercially exploit your personal content.

6. Trusted Contacts & Inactivity Protocol

6.1 Nomination

You may nominate Trusted Contacts to:

  • Be notified of account inactivity

  • Facilitate access to Loved Ones

6.2 Inactivity Trigger

Trusted Contacts may be contacted if:

  • Your account shows no activity for 3 months, OR

  • Subscription payments have failed for 3 months

6.3 Responsibility

You are responsible for:

  • Keeping Trusted Contact details accurate

  • Informing them of their role

We are not liable for actions taken by Trusted Contacts once access is granted.

7. Acceptable Use

You must not:

  • Upload unlawful, harmful, or abusive content

  • Infringe intellectual property rights

  • Misuse or disrupt the platform

We may remove content or suspend accounts that breach these rules.

8. Service Availability

We aim for continuous service but do not guarantee:

  • Uninterrupted access

  • Error-free operation

We may modify or suspend services as needed.

9. Digital Legacy Delivery Disclaimer

OpenWhen App is designed to facilitate the delivery of personal messages based on user-defined triggers and account conditions.

However:

  • We do not guarantee delivery timing or success in all circumstances

  • Delivery may depend on system functionality, account status, and third-party services

  • We are not responsible for missed, delayed, or incomplete delivery of messages

Users acknowledge that OpenWhen App is a facilitation tool, not a legally binding estate or testamentary service.

We strongly recommend users seek professional legal advice for formal estate planning.

10. Data Retention After Death or Inactivity

If an account is confirmed inactive or a triggering event occurs:

10.1 Access for Loved Ones

  • Trusted Contacts may facilitate access to Loved One profiles

  • Loved Ones may download all available content

10.2 Retention Period

  • Access will remain available for 3 months from activation

10.3 Deletion

After the 3-month period:

  • All content will be permanently deleted

  • User accounts and data will be irreversibly wiped

  • No backups or recovery will be available

11. Termination

We may suspend or terminate accounts if:

  • Terms are breached

  • Required by law

  • Necessary to protect users or the platform

You may terminate your account at any time.

12. Limitation of Liability

To the extent permitted under Australian law:

  • We are not liable for indirect or consequential loss

  • We do not guarantee delivery of messages

  • Use of the app is at your own risk

Nothing excludes rights under the Australian Consumer Law.

13. Intellectual Property

All platform technology, branding, and design remain our property.

14. Governing Law

These Terms are governed by the laws of Australia.

15. Contact Us

For questions or support, contact:
Email: support@theopenwhenapp.com