The YOURLASTMAILS company provides, on the https://yourlastmails.com website, a digital mail service to deliver messages posthumously (hereinafter referred to as “the Services”).
- Accepts the contractual documents supplied, having read them carefully,
- Has reached the age of legal majority before subscribing to the services offered by the Site,
- Is not a legally protected person within the meaning of Article 425 and subsequent articles of the French Civil Code or any other legal provision in his or her country of residence,
- Is not in breach of any legal provision of the country of residence from which her or she subscribes to the Services or in the country of which (s)he is a national,
- Has fully understood that the service described below is not in any circumstances a substitute for appointing a Personal Representative, executor or administrator.
Purpose of the site
The YOURLASTMAILS Site is a service for hosting and delivering private communications.
YOURLASTMAILS is a depository for personal and confidential messages (hereinafter called “the Messages”) which are not made public on the Site. The Messages and files deposited by the Subscriber are kept in the form of digital encrypted files and their content will only be supplied to the addressees nominated by the Subscriber after the latter’s death.
YOURLASTMAILS has no knowledge of the content of the Messages and for this reason cannot be taken either to have produced them or to have any role as moderator of the Messages entrusted to it. Thus, it cannot have any liability in this regard.YOURLASTMAILS offers a service consisting of :
- Storage of personal Messages that are pre-addressed to one or several addressees by the Subscriber,
- Delivering Messages entrusted to it to their nominated addressees after the demise of the Subscriber.
- Storage of files (depending on the type of subscription chosen) for delivery to the addressees of the Messages.
YOURLASTMAILS makes no claim to act in a legal capacity (such as exécuteur testamentaire or mandataire à titre posthume or their equivalent in other jurisdictions) and is not the deceased’s Personal Representative, administrator or executor with any responsibility to administer the estate of the deceased and ensure that the last wishes of the deceased are carried out.
CREATING AN ACCOUNT
Creating an account is free and is open to any individual (of at least 18 years of age and with full legal capacity).
To create an account, the Subscriber must comply with the various stages of registration by entering, fully and faithfully, the information requested in the joining form.
(S)he must also take out at least one subscription, whether free or paid, and settle any sum due via one of the methods of payment offered by the Site.
The Subscriber is responsible for the accuracy of the information (s)he provides and for keeping it up to date so that the Services can be provided.
Thus, (s)he must immediately inform YOURLASTMAILS of any change in the information. The Subscriber can access his or her information at any time and modify it in the “Dashboard” area.
The Subscriber will not create more than one account and will, when asked to do so by YOURLASTMAILS, close any additional account that may have been opened.
HOW THE SERVICE WORKS
The Subscriber can choose to subscribe to any one of three modes of operation.
(S)he can change from one to another during the subscription period, provided (s)he is up to date with payments due to YOURLASTMAILS.
“Automatic” mode works by sending automated queries to the Subscriber, who chooses how often these queries are sent. By responding digitally to the automatic queries, the Subscriber shows that (s)he is still alive, so the Messages are retained.
In “Automatic” mode, it is for each Subscriber to ensure that (s)he is able to respond regularly to the queries. In the absence of a response from the subscriber, whether for reasons relating to internet access or health or for any other reason, (s)he may be wrongly presumed by YOURLASTMAILS to have passed away, leading to automatic despatch of the Messages to their addressees. YOURLASTMAILS is not required to carry out any other verification or check other than complying with this protocol at the intervals chosen by the Subscriber.
“Trusted Person” mode allows the Subscriber to choose a trusted person who will be contacted before the Messages are sent to their addressees, so as to confirm the demise of the Subscriber.
It is up to each Subscriber to ensure :
- The accuracy of the contact details for his or her trusted person ;
- That the trusted person agrees to confirm the demise of the Subscriber when this occurs ;
- That this person can be trusted not to give incorrect information to YOURLASTMAILS, as this may cause the Messages to be sent to their addressees.
“Automatic + Trusted Person” mode combines the protection of both the “Automatic” and the “Trusted Person” modes. If there is no response to a number of automatic queries to the Subscriber, a trusted person nominated by the Subscriber must confirm the demise of the latter. If the Subscriber chooses the “Mixed” mode, the Messages will thus not be sent to their addressees until both verifications have been completed.
In “Automatic + Trusted Person” mode, the same conditions and checks by the Subscriber apply to the trusted person as in “Trusted Person” mode. YOURLASTMAILS does not carry out any checks or research in case of difficulty contacting the trusted person for any reason (change of address, incapacity, demise) or incorrect information provided by the trusted person, and cannot be held responsible for any consequences arising from a lack of response or an incorrect response.
In the “Automatic” and “Automatic + Trusted Person” modes, the Subscriber can choose at any time to suspend the sending of automatic email requests by YOURLASTMAILS, until any date that he or she sets within the subscription period. This suspension does not lead to reimbursement of any sums paid in connection with the subscription, nor to any extension of the period of the subscription, the end date of which remains the date initially agreed when the subscription was taken out. At the end of this period of suspension, all the services in the Subscriber's current subscription will continue in accordance with the account settings originally chosen by the Subscriber.
If the demise of the Subscriber occurs during the period of suspension arranged by the Subscriber, YOURLASTMAILS will send the Message(s) entrusted to it to their addressee(s) at the end of this period, after restarting the verification emails, unless the subscription is cancelled for any reason.
CLOSURE OF AN ACCOUNT
The Subscriber may request the permanent closure of his or her account at any time, with no prior notice and without any formalities, by sending an email to the following address: email@example.com or by using the contact form on the contact page.
YOURLASTMAILS reserves the right to recover any fees and expenses incurred before the closure of the account. The closure of the account will take effect within a reasonable time after the request is received by the customer service team at YOURLASTMAILS.
- The Subscriber has given incorrect information about his or her identity, or
- The Subscriber behaves in an inappropriate or objectionable manner on the site or in the context of the use of the Services.
In the event that the account is closed on the initiative of the Subscriber or as a result of his or her actions, no reimbursement will be made, either full or partial, of sums already paid for the purchase of any Service being provided at the time.
In that event, the Subscriber should contact YOURLASTMAILS at the following email address to ask for a new account to be created: firstname.lastname@example.org
The closure of an account means a permanent end to access to information that was sent to YOURLASTMAILS when the account was opened or updated, to all Documents and other elements stored on the Site in the Subscriber’s client area, and to any document or content that the Subscriber may have published, uploaded or made available on the Site.
It is therefore strongly recommended that each Subscriber keep his or her own copy of the documents, information and other elements stored on the site. Notwithstanding the foregoing, YOURLASTMAILS reserves the right to keep the above-mentioned documents, information and other elements on its servers for a reasonable period.
The notes and messages entrusted to YOURLASTMAILS are the information, texts, videos, photos, audio files, drawings or any other element or document that the Subscriber chooses to upload or transmit via https://yourlastmails.com
The Messages and their content remain the property of the Subscribers who publish them on the site.
The Subscriber can address a unique message to each of his or her addressees. The despatch of files can also be personalised.
The contact details provided by the Subscriber to designate the addressee(s) of Messages are entirely the responsibility of the Subscriber. They must be correct and kept up to date. YOURLASTMAILS will not carry out any research in the event that the addressees’ contact details supplied by the Subscriber are incorrect, thereby preventing the delivery of Messages.
After the demise of the Subscriber, the Messages and files will be deleted from the Site’s servers when they have been consulted / downloaded by their addressees. General data and any Messages or files that are not consulted / downloaded will be deleted one (1) month after the alert emails are sent to the addressees.
The identity of the Subscriber, the content of the Messages entrusted by him or her and the identity of the addressees of the Messages will be kept confidential by YOURLASTMAILS and will not be communicated for any reason to anybody other than those persons nominated by the Subscriber after his or her death.
However, in the context of its legal obligations, YOURLASTMAILS may be required to provide information relating to the Subscriber to competent legal or administrative authorities.
The terms of this obligation are binding throughout the period the Subscriber keeps his or her account and for the month following its closure (for any reason).
Conditions of access to the services
Before any access to the Services, the Subscriber must ensure that (s)he has complied with all the terms and conditions required by YOURLASTMAILS and set out in the section headed “ACCEPTANCE OF THE ToU”.
The Subscriber can access the Services online, 24 hours a day, 7 days a week, except in case of force majeure or events outside the control of YOURLASTMAILS, and subject to any necessary downtime for maintenance or updating that are necessary for the proper functioning of the Site and its equipment. The Services may be suspended without prior warning for these maintenance and updating operations.
- Access to the internet
- Multimedia equipment (computer, tablet, smartphone) with a web browser
The performance of the internet connection, the data transfer rate and the performance achievable by the equipment used by the Subscriber are not the responsibility of YOURLASTMAILS, which will not undertake any maintenance or provide any indemnity in that regard.YOURLASTMAILS does not accept any responsibility for, and therefore will not reimburse any sums already paid by the Subscriber, in the following situations :
- Downtime, breakdowns, modifications and malfunctions of the site, whatever their origin or cause ;
- Loss of data or information stored on the Site. The Subscriber should take all necessary precautions to save elements relating to the Messages entrusted to the Site, in particular against temporary unavailability of the Site, for example because of technical problems ;
- Loss or damage of any kind, direct or indirect, suffered by the Subscriber, resulting from the content of the Messages and/or access, use, malfunction or downtime of the Site ;
- Use of the Site and/or the Services in breach of laws or regulations in force in the Subscriber’s country of residence or in the country of which (s)he is a national ;
- Abnormal or unauthorised use of the site by any Subscriber or any third party ;
- Non-compliant use of the Site by the Subscriber, or the site not meeting a Subscriber’s particular expectations ;
- Loss or damage of any kind, direct or indirect, resulting from the operation, use, downtime or malfunction of the Site.
In general terms, YOURLASTMAILS cannot be held responsible for any penalty which may be imposed on the Subscriber for having used the Site and the Services.Further, YOURLASTMAILS cannot be held liable for delayed performance or inability to perform its contractual obligations in case of :
- force majeure,
- Downtime of the Site because of maintenance or to update published information,
- Temporary inability to access the Site because of technical problems, whatever their cause,
- Cyber-attack or computer piracy, deprivation, suppression or a ban, whether temporary or permanent, that prevent access to the internet for any reason
In no circumstances may the liability of YOURLASTMAILS in respect of any loss or damage exceed the sums actually paid by the Subscriber to YOURLASTMAILS during the six (6) months preceding the matter giving rise to YOURLASTMAILS’ liability.
The equipment (computers, telephones, software, means of communication, etc) making it possible for the Subscriber to access the Site and the Services are the sole responsibility of the Subscriber, as are the costs of telecommunications arising from their use.
The services offered on the site depend on the type of subscription and the subscription fee paid. The tariffs applied are those in force when the subscription to the Services was taken out. They depend on the options selected by the individual Subscriber.
Payment can be made by bank card or PayPal, and is due when the initial subscription is taken out, or on renewal, for the whole term of the subscription taken out. An invoice is available under the heading “Orders”.The Subscriber can choose between four types of subscription, and can choose to send Messages to one or more addressees :
- ”Fast Message”: A message of up to 160 characters, free subscription for a maximum period of one (1) year ;
- ”Simple Messages”: A message of up to 3000 characters ;
- ”Messages+”: A message of up to 3000 characters, plus a file of 20MB ;
- ”Memories”: A message of up to 6000 characters plus 5 files of up to 50MB each.
Full details and tariffs for each of these different subscription packages are given on the sign-up page and can be seen online. These packages may be modified or deleted depending on the needs of our clients as a whole. Likewise, the tariffs relating to the various packages may be revised from time to time by YOURLASTMAILS. The Subscriber should therefore check the terms, and in particular the tariffs, relating to the package to which (s)he intends to subscribe, and on renewal.
Minors, and adults under supervision or guardianship
Neither minors nor those who are subject to guardianship orders or orders of ”accompagnement” within the meaning of Article 435 and thereafter of the French Civil Code may use the site or request the Services thereon offered. Any breach may lead to the immediate cancellation of the Services without any reimbursement or indemnity to the Subscriber from YOURLASTMAILS.
Right to cancel
In accordance with the law in force in France, in the context of a purchase from YOURLASTMAILS, the Subscriber has a 14-day cooling-off period from the start of the Service ordered, during which (s)he may exercise a right to cancel, without being required to state any reasons or pay any penalty.
If this right to cancel is exercised within the prescribed period, a refund will be made only in respect of the cost of the Services for which a subscription was taken out.Reimbursement in respect of the Services is made by YOURLASTMAILS on the following terms :
- Reimbursement of sums paid from the date upon which the right to cancel was exercised with YOURLASTMAILS (on a pro rata time basis) ;
- Calculated using the same means of payment that was used for the order.
La politique de confidentialité du Site est indissociable des présentes conditions générales. A ce titre, en utilisant les Services proposés sur le Site, l’Abonné s’engage à lire attentivement et accepter la politique de confidentialité du Site.
Usernames and passwords
When subscribing to the services, the Subscriber chooses a username and password.
These identifiers are personal and confidential.
Each Subscriber must keep his or her username and password secret and not reveal them to third parties.
Each Subscriber is responsible for keeping his or her username and password confidential, for restricting access to his or her computer, and for all activities carried out using his account or using his or her username and password, whether (s)he authorised them or not.
Subscribers should ensure that they do not reuse the same password they use to log into other accounts and platforms.
If a Subscriber suspects that his or her password is being used by or is known to a third party, (s)he must inform YOURLASTMAILS immediately by sending an email to email@example.com
Messages for the subscriber
YOURLASTMAILS reserves the right to send personalised messages to the email address provided by the Subscriber for any communication that YOURLASTMAILS considers necessary.
The Subscriber is solely responsible for all the data, whatever its source, that (s)he provides to YOURLASTMAILS and/or uploads to the Site, and for any messages or notices that (s)he creates, whether in the context of his or her account or otherwise.
Ces éléments d’identification sont personnels et confidentiels.
(S)he undertakes that this data and these Messages will not be of such a kind as to harm the legitimate interests of any third party. In particular, (s)he will respect third parties’ rights in respect of images of themselves, and the right to privacy and family life, and rights to intellectual property. They may not be defamatory or insulting. In general terms, (s)he will not breach any legal or regulatory provisions that are in force.
In this context, YOURLASTMAILS, which has no access to the content of Messages, is not liable for their relevance, their compliance, their morality or their legality, and does not hold itself out as responsible for the compliance of their content with the laws and regulations in force. Given the confidentiality and encryption of the Messages, YOURLASTMAILS cannot have any role as moderator of the Site.The Subscriber specifically agrees that in accessing and using the Services on the Site (s) he will not :
- Disrupt or interrupt the site, the Services, the servers or the networks connected to the Site ;
- Attempt to adversely affect the access of any other visitor or Subscriber to the site, web host or network, including but not limited to introducing a virus to the Site, overloading in general, overloading the server, overloading the mailbox or falsifying the TCP/IP information or packet header or any part of the header that is used in all emails ;
- Access data which is not intended for him or her, or enter a server or an account to which (s)he is not authorised to have access ;
- Attempt to measure, examine or test the vulnerability of a system or network, or to bypass security or authentication without prior authorisation ;
- Use or try to use the Services in breach of these ToU or without authorisation from YOURLASTMAILS ;
- Impersonate another person or use their identity ;
Carry out any activity or incite a third party to carry out any activity :
- Which is considered illegal under the law of his or her country of residence or under the law of the country of which (s)he is a national ;
- Which is prejudicial to YOURLASTMAILS, such as parasitism, unfair competition, defamation, disparagement or abuse, or
- Which infringes the rights, in particular as to intellectual property or identity, of YOURLASTMAILS, its suppliers, partners, distributors and advertisers or any other Subscriber ;
- Transmit or transfer (by any means whatever) information derived from the Site, in particular to other countries or to any foreign nationals in violation of any law or regulation whether national or international.
In this regard, the Subscriber guarantees to defend, indemnify and hold harmless YOURLASTMAILS in his or her own capacity and on behalf of his or her “ayants-droits” (including but not limited to dependents, beneficiaries, successors in title, assignees and personal representatives) against all complaints, claims and actions against YOURLASTMAILS based directly or indirectly upon a breach of any provision of these ToU. Without prejudice to the generality of the foregoing, (s)he will, for him- or herself and for his or her “ayants-droits”, pay all or any sums which may be claimed from YOURLASTMAILS or which YOURLASTMAILS may be legally adjudged liable to pay, including any legal fees, costs and disbursements.
Likewise the Subscriber will indemnify YOURLASTMAILS against any harmful consequences arising directly or indirectly from the use (s)he makes of the Service.
In the event that YOURLASTMAILS becomes aware that the Subscriber’s content consists of or includes statements or data that are clearly in breach of the law in force, it reserves the right to delete these statements or data without prior notice to their author and without giving rise to any entitlement for the latter to make any claim in this regard.
The Subscriber shall be solely liable for all consequences directly or indirectly connected with any hyperlinks that (s)he may place on the Site to link to another website.
The Subscriber will respect the image and reputation of YOURLASTMAILS and will not by any statements or actions whatever cause harm to YOURLASTMAILS. In general terms, the Subscriber will not carry out any action that may hamper the proper functioning of the Site.
YOURLASTMAILS wishes to hold trustworthy information and therefore invites Subscribers to cite the sources of all information and data that they communicate on or via the Site. However, YOURLASTMAILS does not in any circumstances warrant the authenticity or reliability of this information or data.
The Subscriber will respond diligently to any request by YOURLASTMAIL for modification or deletion of his or her content and will deal with it promptly.
Should the Subscriber refuse, or if the requested modifications or deletions are not carried out within a reasonable time, YOURLASTMAILS reserves the right, if a formal request remains outstanding for more than 48 hours, to delete the Subscriber’s account, without giving rise to any right for the Subscriber to make any claim in this regard.
Use of the Site in breach of these ToU or of relevant legal provisions may lead to civil or criminal sanctions.
On creation of the account, the collection of personal data relating to the Subscriber enables YOURLASTMAILS to provide Subscribers with personalised management, and makes it possible to provide personalised service thereafter.
The Subscriber can access all his or her personal data simply by logging in using his or her username and password and the dedicated form on the Site. (S)he can change his or her personal data, except for the username which is permanently allocated on sign-up. The Subscriber will update this personal data, and in particular his or her contact details, when any change occurs.
The Subscriber expressly authorises YOURLASTMAILS to make use, in compliance with legal requirements, of the data provided by him or her on sign-up.
Use of the Subscriber’s personal data by YOURLASTMAILS will not in any circumstances entitle the Subscriber to any remuneration, right or benefit.
YOURLASTMAILS also reserves the right to communicate the Subscriber’s personal data in the context of a request by a public authority, in particular a legal authority or as required by law. It also reserves the right to communicate them, if necessary, for its own defence in the context of any legal proceedings.
Under the data protection regulations, every Subscriber has a right to object, a right of access and a right to request rectification, and the Subscriber may exercise these at any time.The Subscriber expressly confirms that (s)he has all necessary means to :
- Update his or her personal data, and in particular his or her email address.
- Change his or her subscriptions to the various Services and
- Delete all or part of his or her account.
In case of problems or for any information that the Subscriber is unable to rectify or delete data him- or herself, (s)he may contact YOURLASTMAILS using the contact form at the following page: contact .
If or when the account is closed for any reason, some personal data may be retained on a confidential basis, for evidential purposes, for archiving for possible statistical, scientific or historic use.
Rights and intellectual property
YOURLASTMAILS declares that it holds all the intellectual property rights necessary for the management of the Site and the Services offered.
The content, logos for the YOURLASTMAILS brand and other brands, Service trademarks, illustrations and YOURLASTMAILS logos used on the site are trademarks or registered trademarks of YOURLASTMAILS.
The Subscriber acknowledges that the visual and technical elements on the Site are the exclusive property of YOURLASTMAILS.
The Subscriber will not use or modify these elements in any way.
Duration and end of subscription
A subscription to the Services becomes effective from the date when YOURLASTMAILS receives the Subscriber’s initial payment and remains active for the period chosen by the Subscriber (a period one (1), two (2) or three (3) years).
There is no automatic renewal at the end of this subscription period; the Subscriber must manually confirm, that (s)he wishes to renew. (S)he does this directly from his or her account and must do so before the end of the current subscription period.
An email from the Site will inform the Subscriber that his or her subscription period will end shortly.
In the event of cancellation for any reason, the account is deactivated and the data deleted no more than thirty (30) days after the cancellation, notwithstanding the provisions of the section headed “Your Messages”. It is not possible to retrieve Messages after the date of the end of the subscription.
The headings in these ToU are provided for practical reasons only and have no legal or contractual effect.NULLITY
If one or more provisions of these ToU are found to be void or invalid or adjudged to be so by application of a statutory provision, a regulation or as a result of a final decision by a competent court, the other provisions will remain valid and enforceable.NO WAIVER
If the Subscriber or YOURLASTMAILS does not respond to a breach by the other party of any of the obligations referred to in these ToU, this shall not be interpreted as a waiver of the relevant obligation.SUB-CONTRACTING
YOURLASTMAILS shall be free to use the services of the contractors and/or sub-contractors of its choice to carry out all or part of the Services, without being required to notify the Subscriber or seeking the latter’s approval of the identity of these third parties.APPLICABLE LAW AND JURISDICTION
These ToU are governed by French law even in the event that one of the Parties may be a foreign national and/or that the Services are performed wholly or partly abroad. Should any foreign-language version thereof conflict with the original French version, the latter shall prevail.
The relevant court or tribunal of Aix-en-Provence shall have sole jurisdiction in any dispute or litigation arising from the validity, the interpretation and/or the implementation of these ToU, even in the event that there are multiple defendants, applications for interim relief or third-party proceedings.