The Platform enables registered users ("Members," "you") to create, store, and schedule personal messages — including text, photos, videos, and audio — for delivery to designated recipients on a specific future date or upon the occurrence of a selected milestone event.

The Platform is designed to protect the privacy of your messages while ensuring timely delivery according to your instructions. We provide tools such as encryption, milestone management, and authorized person access to help preserve your legacy.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to provide accurate, current, and complete information, including recipient contact details, and to keep such information updated.

We recommend enabling any enhanced security features we offer.

You may create messages containing text, images, audio, or video, subject to a maximum total file size of 500MB per message.

Each message can include up to 10 recipients.

You may schedule messages for delivery by exact date or by milestone event.

Once a message is scheduled, its text and attachments cannot be modified. You may, however, update milestone dates and recipient contact information at any time.

For milestone-based messages, the sender or an authorized person must confirm the milestone date for delivery to occur.

If no date is provided or the milestone is never reached, the message will not be delivered.

You may designate one or more "Authorized Persons" who can:

• Update recipient contact information.
• Modify milestone target dates.
• View message subjects (but not content or attachments).

Authorized Persons must provide proof of identity and authorization before access is granted.

You remain responsible for the actions of any Authorized Person you designate.

Recipients will be notified via email with a secure link to view the message.

Recipients have one (1) year from delivery to view and download the message.

We are not responsible for delivery failures caused by outdated contact information, spam filters, recipient inaction, or technical issues beyond our control.

Messages are priced at $1.25 per message with a minimum purchase of 20 messages.

The first message is free and requires no credit card.

Purchased credits never expire.

Payments are non-refundable except as required by applicable law.

We use encryption and secure storage to protect your messages.

Message content is accessible only to the designated recipients. Even authorized persons cannot access message content or attachments.

Please review our Privacy Policy for details on how we handle your data.

You agree not to use the Platform to:

• Send spam, harassing, defamatory, or harmful content.
• Violate any applicable law or third-party rights.
• Upload malicious code or attempt to disrupt the Platform.
• Misrepresent your identity or affiliation.

Violation of this section may result in immediate account suspension or termination.

While we strive to provide reliable and uninterrupted service, we cannot guarantee the Platform will always be available or error-free.

We are not responsible for delays, interruptions, or loss of data caused by events beyond our reasonable control.

You may close your account at any time.

We may suspend or terminate your account if you violate these Terms.

Upon termination, any unused credits will remain valid unless your account was closed for violation of these Terms.

To the fullest extent permitted by law:

• We are not liable for any indirect, incidental, special, consequential, or punitive damages.
• Our total liability for any claim related to the Platform will not exceed the greater of (a) the amount you paid us in the 12 months prior to the claim, or (b) $50 USD.

We're committed to addressing concerns in a thoughtful and fair way. If an issue arises that cannot be resolved informally, you and When I Was Here agree to resolve it through binding arbitration, rather than in court.

How Arbitration Works

Either you or When I Was Here may begin arbitration proceedings. Any arbitration will be administered by National Arbitration and Mediation (NAM), using the rules that apply based on the nature of the dispute. This includes NAM's Comprehensive Dispute Resolution Rules and Procedures and, if applicable, its Supplemental Rules for Mass Arbitration Filings.

The Federal Arbitration Act governs this section and applies regardless of any other choice-of-law provision in these Terms.

You can find NAM's rules, along with guidance on how to file a demand for arbitration ("Demand"), at www.namadr.com/resources/rules-fees-forms. The Demand must include a signed statement from the person initiating the arbitration (or their legal representative), and it must also include a copy of the written notice previously sent to try to resolve the issue informally.

If NAM is unavailable, unwilling, or unable to manage the case under these rules, the parties will select another mutually agreeable administrator. If they can't agree, either party may ask a court to appoint a suitable arbitration administrator.

To initiate arbitration:

• If you are filing, send the Demand to both NAM and When I Was Here at legal@wheniwashere.org.
• If When I Was Here is filing, we will send the Demand to the email address linked to your account.

Hearings and Location

You or When I Was Here can request a hearing. In most cases, hearings will be held remotely by phone or video. If the arbitrator decides an in-person hearing is necessary, it will take place in the county where you live, or another location both parties agree on.

Any attorney participating in arbitration certifies that they are complying with the standards of Federal Rule of Civil Procedure 11(b), ensuring that the claim is not frivolous or filed for an improper purpose. The arbitrator may impose sanctions if this standard is violated.

Arbitration Fees

If When I Was Here starts arbitration, we will pay all NAM fees for filing, administration, case management, hearings, and the arbitrator's time.

If you start arbitration, the fees will be handled according to NAM's rules, unless a court or arbitrator determines that another arrangement is necessary to make the arbitration fair or enforceable. We agree that arbitration should remain accessible and cost-effective, and both parties may work with NAM to request fee reductions or flexible payment terms where needed.

At any point during the arbitration, either party can ask the arbitrator to resolve questions related to the payment or reimbursement of arbitration fees.

Arbitrator's Decision

The arbitrator will provide a written explanation of their decision that includes the main findings and conclusions. While the arbitrator can consider how similar matters have been handled in other cases, their decision won't set a precedent for other users.

If an arbitration award is fully satisfied, it may not be filed or enforced in court.