Terms of Service

1. Acceptance of Terms

Welcome to EndlessLuv (“EndlessLuv”, “we”, “our”, “us”), a service operated by Soul Awakened Limited.

By accessing, downloading, registering for, or using the EndlessLuv application, website, or related services (collectively, the “Services”), you agree to be legally bound by these Terms of Service (“Terms”) and our Privacy Policy.

If you do not agree to these Terms, you must not use the Services.

2. Description of Services

EndlessLuv is a digital legacy platform that enables users to create, store, organise and manage personal content and digital legacy information. Services may include:

• Storage of messages, photographs, videos and other digital content;
• Family tree creation and management;
• Nomination of Next of Kin (“NOK”) and trusted representatives;
• Funeral and memorial notifications;
• Legacy message creation and delivery;
• Digital estate management tools;
• Secure preservation of personal memories and digital assets;
• Posthumous release of designated content following successful verification procedures.

EndlessLuv provides the technology platform that stores, manages and delivers content and communications you authorise and configure.

3. Eligibility

You must be at least eighteen (18) years old to create an EndlessLuv account. By using the Services, you represent and warrant that:

• You have the legal capacity to enter into binding agreements;
• All information provided is accurate and current;
• You will comply with all applicable laws and regulations.

4. Account Registration and Security

4.1 Account Creation

To access certain features, you must create an account and provide accurate and complete information. You agree to keep your information updated and accurate at all times.

4.2 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your login credentials;
• All activities conducted through your account;
• Ensuring the security of your devices and passwords;
• Promptly notifying EndlessLuv of any suspected unauthorised access.

EndlessLuv is not responsible for losses resulting from unauthorised access caused by your failure to maintain account security.

5. User Content

5.1 Ownership

You retain ownership of all content uploaded, stored, created or managed through the Services. By using the Services, you grant EndlessLuv a limited, non-exclusive, worldwide, royalty-free licence to host, store, encrypt, process, transmit and deliver such content solely for the purpose of operating the Services.

5.2 Responsibility for Content

You are solely responsible for all content uploaded, stored or scheduled through your account. You warrant that your content:

• Does not violate any applicable law;
• Does not infringe third-party intellectual property rights;
• Does not contain malicious software or harmful code;
• Is not fraudulent, misleading, threatening, defamatory or unlawful;
• Does not violate the rights of any third party.

5.3 Recipient Information

The Services allow you to provide contact and identifying information relating to third parties, including family members, friends, beneficiaries, funeral attendees, Next of Kin, trusted representatives and other designated recipients (“Recipients”).

By providing Recipient Information, you represent and warrant that:

• you have a genuine personal or family relationship with, or legitimate connection to, each Recipient;
• you are entitled to share their information with us for the purposes described in these Terms;
• the information is accurate to the best of your knowledge; and
• you have informed each Recipient, or reasonably expect them to anticipate, that their details may be held by a service such as EndlessLuv for the purpose of legacy and posthumous communications, or you consent to EndlessLuv informing them on your behalf.

You instruct and authorise EndlessLuv to contact Recipients in accordance with your settings and instructions, including after your death. Recipients may receive communications from EndlessLuv on your behalf even though they do not hold an account with us.

EndlessLuv provides the platform that stores Recipient Information and delivers communications you have configured. You determine which Recipients are contacted and the substance of the messages you create. EndlessLuv determines the means by which information is stored, secured and transmitted and is responsible, as a data controller, for handling Recipient Information in accordance with applicable data protection law and our Privacy Policy. This includes providing Recipients with information about how their data is used (including, where required, at the point of first contact) and honouring their data protection rights.

5.4 Next of Kin Nominations

Users may nominate one or more individuals as a Next of Kin (“NOK”) or trusted representative. By making such nomination, you authorise EndlessLuv to:

• Contact the nominated individual;
• Send invitation emails or SMS messages;
• Provide unique verification codes;
• Confirm nomination status;
• Verify identity;
• Facilitate future account administration rights.

Nomination does not grant immediate access to any account, content or personal information. Access rights may only be activated following successful completion of EndlessLuv’s verification procedures.

5.5 Notice to Recipients and Data Protection Rights

Where required by applicable law, EndlessLuv will provide Recipients, at or before the first communication, with concise information about: the source of their data (a user of the Services), the purposes of contacting them, the legal basis relied upon, how long their data is kept, and how to exercise their rights.

Recipients may at any time request access to, correction of, restriction of, or deletion of their personal information, and may object to further contact, by contacting support@endlessluv.com. We will give effect to such requests subject to legal, security and operational requirements, and a Recipient’s objection or deletion request may prevent some user-configured communications from being delivered to that person.

You acknowledge that EndlessLuv must comply with such requests even where they conflict with your instructions, and that EndlessLuv is not liable to you for communications that are not delivered as a result.

6. Death Verification and Content Release

EndlessLuv provides legacy communication and digital estate services that may result in the release of content, notifications or account access following a user’s death.

No content, account access, funeral notification, legacy message, verification request or recipient communication will be released until EndlessLuv has completed its verification procedures. Verification requirements may include, without limitation:

• Death certificates;
• Executor confirmations;
• Next of Kin verification;
• Unique verification codes;
• Government-issued identification;
• Court documents;
• Funeral director confirmations;
• Other supporting evidence requested by EndlessLuv.

EndlessLuv will assess the evidence provided acting reasonably and in good faith. EndlessLuv may refuse, suspend, delay or permanently deny release of content where:

• Fraud is suspected;
• Documentation is incomplete;
• Legal disputes exist;
• Verification requirements have not been met;
• Ownership or entitlement is unclear;
• EndlessLuv reasonably believes release may expose users, recipients or EndlessLuv to risk.

If we decline or delay a release, we will, where lawful and practicable, explain why and tell you what further evidence may resolve the matter. We are not responsible for delays arising from verification procedures, documentation reviews, family disputes, legal proceedings or other circumstances beyond our reasonable control.

7. Funeral Notifications, Legacy Messages and Posthumous Communications

Users may authorise EndlessLuv to send communications including funeral invitations; memorial event notifications; Next of Kin invitations; verification requests; legacy message notifications; account access notifications; digital estate notifications; family tree administration notifications; and other posthumous communications.

These communications are initiated, configured and directed by the user. EndlessLuv operates the platform that delivers them. Recipients may receive such communications even though they have not created an account, registered, or previously subscribed.

These are transactional and service communications sent to give effect to a user’s instructions. They are not marketing, advertising or promotional communications, and EndlessLuv does not send Recipients marketing on its own behalf, share Recipient Information with third parties for their marketing, or sell Recipient Information.

A Recipient may opt out of further communications, or request deletion of their information, at any time by contacting support@endlessluv.com or using any unsubscribe mechanism provided, subject to legal, security and operational requirements.

8. Subscription and Payment

8.1 Fees

Certain Services may require payment. All fees are displayed before purchase.

Except where applicable law grants you a right of withdrawal, cancellation or refund (including, for consumers, any statutory cooling-off or withdrawal period for digital content and services), fees are non-refundable. Where you are entitled to and exercise a right of withdrawal, we will refund you in accordance with that law. Where you ask us to begin providing a Service during a withdrawal period and the Service is then fully performed, you may lose the right to withdraw to the extent permitted by law.

8.2 Subscription Renewal

Subscriptions automatically renew unless cancelled before the renewal date. Subscription management is handled through the applicable app store, payment provider or account settings.

8.3 Price Changes

EndlessLuv may modify pricing upon reasonable notice. Continued use of the Services following such changes constitutes acceptance of the updated pricing.

9. Intellectual Property

All rights, title and interest in the Services, excluding user content, remain the property of Soul Awakened Limited. The Services, software, designs, trademarks, logos, graphics and related materials are protected by intellectual property laws. You may not copy, modify, reverse engineer, distribute, sell, or create derivative works without prior written permission.

10. Privacy and Data Protection

EndlessLuv processes personal information in accordance with its Privacy Policy and applicable data protection laws, including the EU and UK General Data Protection Regulation (GDPR) where applicable. Users warrant that information provided to EndlessLuv is accurate and lawfully supplied. Users and Recipients may exercise their data protection rights as set out in the Privacy Policy.

11. Service Availability

The Services are provided on an “as is” and “as available” basis. EndlessLuv does not guarantee uninterrupted service, error-free operation, successful delivery of all communications, or continuous platform availability. Delivery may be affected by invalid contact information, email provider restrictions, mobile carrier restrictions, third-party service outages, technical failures, or force majeure events.

12. Limitation of Liability

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any liability or right that applicable mandatory consumer protection law does not allow to be excluded.

Subject to the paragraph above:

(a) EndlessLuv provides the Services with reasonable care and skill but does not guarantee that any individual communication, notification or content release will be delivered successfully, on time, or to a current or valid contact, particularly where delivery depends on third-party email providers, mobile carriers, contact details supplied by users or Recipients, verification outcomes, or events beyond our reasonable control.

(b) To the fullest extent permitted by law, EndlessLuv shall not be liable for loss of profits, loss of business, loss of goodwill, or any indirect, consequential, special or punitive damages.

(c) To the fullest extent permitted by law, and except where such liability cannot be excluded under applicable consumer law, EndlessLuv’s total aggregate liability arising out of or in connection with the Services shall not exceed the greater of (i) the total amount paid by you for the Services in the twelve (12) months preceding the event giving rise to the claim, or (ii) one hundred euros (€100).

You acknowledge that the timely or successful delivery of any single communication cannot be guaranteed and that you should not rely on the Services as the sole means of conveying time-critical or legally significant information.

13. Indemnification

You agree to indemnify, defend and hold harmless Soul Awakened Limited, its directors, officers, employees, contractors and affiliates from and against any claims, damages, liabilities, losses, costs and expenses (including legal fees) arising from your use of the Services; your content; recipient information supplied by you; communications authorised by you; your violation of these Terms; or your violation of any law or third-party rights. This clause does not apply to the extent a loss arises from our own breach, negligence or wrongdoing, or cannot be excluded under applicable consumer law.

14. Suspension and Termination

14.1 Termination by You

You may terminate your account at any time.

14.2 Termination by EndlessLuv

We may suspend or terminate accounts where these Terms are violated; fraud is suspected; security concerns arise; legal obligations require action; or abuse of the Services is detected.

14.3 Effect of Termination

Following termination, we may retain information where necessary to comply with legal obligations, resolve disputes, prevent fraud, or complete previously authorised actions, in accordance with the retention periods set out in the Privacy Policy.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of Malta and applicable European Union legislation. Any dispute arising from these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Malta. If you are a consumer, this does not deprive you of the protection of mandatory consumer laws of your country of residence, and you may also be entitled to bring proceedings in the courts of that country where applicable law so provides.

16. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated through the Services, by email or by other reasonable means. Continued use of the Services following publication of updated Terms constitutes acceptance of those changes.

17. Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect.

18. Contact Information

Soul Awakened Limited
Assikura Buildings, Level 1, Old Railway Track, Santa Venera SVR 9017, Malta
Email: support@endlessluv.com | Website: www.endlessluv.com