These Terms of Service ("Terms") govern your access to and use of the MindCapsule website, mobile application, and related services (collectively, the "Service") operated by MindCapsule, Inc. or its affiliates ("MindCapsule," "we," "us," or "our"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Service

MindCapsule is a digital platform that may allow users to create, upload, store, organize, manage, receive, and share personal memories, messages, media, documents, instructions, and other content, including content intended for future release, memorial release, or release upon specified events.

The Service may also include social, communication, community, or sharing features; private storage features; account management tools; subscription features; and features related to legacy planning, future message delivery, or memorial content access, including a feature that permits users to store end-of-life wishes, designate trusted contacts, and authorize the conditional release of content upon confirmed passing (the "Final Wishes Feature"). Use of the Final Wishes Feature requires separate in-app acknowledgment and is governed by the additional terms set forth in Section 6A of these Terms.

MindCapsule is not a law firm, financial institution, fiduciary, trustee, estate planner, executor, notary, healthcare provider, or funeral services provider. The Service does not create a will, trust, power of attorney, healthcare directive, beneficiary designation, or any legally binding estate, succession, or end-of-life instrument unless explicitly stated in a separate written agreement signed by MindCapsule.

2. Eligibility

You must be at least 18 years old, or the age of legal majority where you live, to use the Service. By using the Service, you represent and warrant that:

• you meet the eligibility requirements;
• the information you provide is true, current, and complete;
• you have authority to enter into these Terms; and
• your use of the Service does not violate any applicable law or regulation.

3. Account Registration and Security

You may be required to create an account to use some or all features of the Service. You are responsible for all activity occurring under your account and for maintaining the confidentiality of your login credentials.

You agree to: keep your credentials secure; promptly notify us of any unauthorized access or suspected breach; provide accurate account information and keep it updated; and log out from shared devices.

We may suspend, restrict, or terminate your account if we believe you violated these Terms, created risk for us or others, or used the Service in a fraudulent, abusive, unlawful, or harmful way.

4. User Content

"User Content" means any information, data, text, audio, video, images, documents, messages, comments, metadata, instructions, names, contacts, media, or other materials that you upload, create, transmit, store, or otherwise make available through the Service.

You retain whatever ownership rights you have in your User Content. However, you grant MindCapsule a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, process, transmit, display, perform, format, adapt, backup, and otherwise use your User Content solely as necessary to operate, improve, secure, maintain, and provide the Service and its intended features, including scheduled or conditional delivery features you enable.

You represent and warrant that: you own or control all rights necessary to submit the User Content; your User Content does not infringe or violate any third-party rights; your User Content is accurate to the extent accuracy is relevant; your User Content does not violate any law; and you have the right to name recipients, contacts, beneficiaries, or other persons referenced in your User Content.

You are solely responsible for your User Content and the consequences of creating, storing, transmitting, scheduling, sharing, or releasing it.

5. No Reliance; Not a Substitute for Legal or Estate Instruments

The Service is provided for informational, personal, organizational, communication, memorial, and convenience purposes only.

You acknowledge and agree that: MindCapsule is not a substitute for a will, trust, beneficiary designation, deed, contract, written legal directive, or other formal legal instrument; content stored in the Service may not be legally enforceable; recipients may not receive access to content at the time you intend, or at all; the Service should not be your sole repository for critical, irreplaceable, legal, medical, financial, or estate-related information; and you should consult qualified legal, tax, financial, insurance, or estate-planning professionals where appropriate.

6. Scheduled, Conditional, Memorial, and After-Death Release Features

MindCapsule may offer features that allow you to schedule content for future delivery, release content after a period of inactivity, or designate release upon your death or another triggering event. You acknowledge and agree that:

a. No Guarantee of Delivery. MindCapsule does not guarantee that any content will be delivered, released, displayed, preserved, transmitted, or received on any particular date, at any particular time, in any particular format, or at all.

b. Best-Effort Functionality Only. Any scheduled, conditional, memorial, inactivity-based, or after-death release feature is provided on a best-effort basis only.

c. Triggering Events May Be Inaccurate or Incomplete. Any verification of death, incapacity, inactivity, identity, or other triggering event may rely on user-provided information, third-party information, automated rules, human review, or combinations of those things, and such information or processes may be delayed, inaccurate, incomplete, manipulated, unavailable, or wrong.

d. Release Risk Is Assumed by You. You assume all risks arising from or related to delayed release, premature release, mistaken release, non-release, duplicate release, release to the wrong person, inability to verify a triggering event, or reliance by any person on released content.

e. No Duty to Investigate. MindCapsule has no duty to independently investigate, validate, or confirm a death, incapacity, identity, recipient claim, legal status, next-of-kin claim, inheritance claim, or similar factual or legal matter.

f. No Fiduciary Duty. MindCapsule is not your executor, trustee, agent, custodian, attorney-in-fact, or fiduciary. The Service does not create any fiduciary obligation.

g. Backups Are Your Responsibility. You are solely responsible for maintaining your own independent backups of any important or irreplaceable User Content.

6A. Final Wishes Feature — Specific Terms and Conditions

6A.1 Scope. This Section 6A governs your use of the Final Wishes Feature within the Service. The Final Wishes Feature permits you to store end-of-life preferences, funeral wishes, asset and liability references, personal messages, and related personal content (collectively, "Final Wishes Content"), and to designate trusted contacts to receive such content upon confirmed passing.

6A.2 In-App Acknowledgment Required. Before activating or using the Final Wishes Feature, you must affirmatively tap "I Agree" or the equivalent acknowledgment button within the application. This acknowledgment constitutes your express acceptance of the terms set forth in this Section 6A and your assumption of all risks described herein.

6A.3 Trusted Contacts. You may designate up to three (3) trusted contacts who are authorized to report your passing and to receive your Final Wishes Content upon confirmed passing. You are solely responsible for selecting appropriate trusted contacts, ensuring the accuracy of their contact information, and advising your trusted contacts of their designation and responsibilities. MindCapsule does not verify the identity, authorization, intent, good faith, or competence of any trusted contact.

6A.4 Verification Process. When a trusted contact reports your passing, MindCapsule will: (i) attempt to send a notification to you via push notification and email; (ii) provide you with a three (3) day grace period to deny the report; and (iii) treat the report as confirmed if you do not respond within the three-day period. You acknowledge that notification delivery is not guaranteed, and that failure to receive or respond to any notification may result in confirmation of your passing and release of your Final Wishes Content.

6A.5 Documentation. MindCapsule may, but is not required to, request a death certificate, obituary, or other documentation from a reporting trusted contact. MindCapsule does not independently verify the authenticity, accuracy, or completeness of any such documentation.

6A.6 Release of Final Wishes Content. Upon confirmation of passing, all Final Wishes Content will be released to the designated trusted contacts. This release is irreversible. Once released, MindCapsule has no ability or obligation to claw back, restrict, modify, or recover any released content.

6A.8 Indemnification for Final Wishes Claims. You agree to indemnify, defend, and hold harmless MindCapsule from and against any claim arising out of or related to your use of the Final Wishes Feature, the content of your Final Wishes Content, your designation of any trusted contact, any action or inaction by any trusted contact, the release of your Final Wishes Content, any dispute among family members, heirs, or estate representatives, or any claim that the Final Wishes Feature was used as a substitute for a valid legal instrument.

6A.9 No Fiduciary Duty; No Professional Services. MindCapsule acts solely as a technology platform. Nothing in these Terms creates a fiduciary, custodial, estate, trust, or agency relationship between you and MindCapsule. The Final Wishes Feature does not constitute legal, estate planning, financial, tax, insurance, or professional advice of any kind.

7. Sensitive Information and Prohibited Storage

You agree not to store, upload, or transmit through the Service: passwords or passphrases; private keys, seed phrases, or wallet recovery phrases; full financial account login credentials; security answers; active payment card data; Social Security numbers, passport numbers, or similar government identifiers; or any information you are prohibited by law or contract from sharing.

8. Acceptable Use

You agree not to: violate any law or regulation; upload unlawful, defamatory, fraudulent, threatening, hateful, abusive, obscene, or infringing content; impersonate another person; attempt to gain unauthorized access to the Service; probe, scan, disrupt, or test vulnerabilities; use bots or automated means except as authorized; reverse engineer or decompile; interfere with operation or security; exploit memorial or release features for harassment, coercion, fraud, or extortion; upload malware; or use the Service in a way that could create liability.

9. Recipient, Contact, and Third-Party Information

If you provide information about another person, you represent that you have the right to provide that information. You are solely responsible for the accuracy of recipient information, whether the person is an appropriate recipient, whether content release is lawful, and any consequences of naming or contacting such person.

10. Subscriptions, Billing, and Refunds

Some features may require payment. Subscriptions automatically renew until canceled. You must cancel before renewal to avoid the next charge. Fees are non-refundable except as required by law. Prices may change with notice. Promotional offers may convert to paid subscriptions.

If you subscribed through Apple or Google, their terms and policies also apply.

11. Intellectual Property

The Service, including its software, design, text, graphics, trademarks, logos, features, and content is owned by or licensed to us and protected by intellectual property laws. No rights are granted except the limited right to use the Service in accordance with these Terms. "MindCapsule" and related marks are our trademarks.

12. Feedback

If you submit suggestions, ideas, feature requests, or other feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use it without restriction or compensation.

13. Third-Party Services and Links

The Service may include integrations, hosting, communications tools, payment processors, analytics providers, or links to third-party services. We do not control and are not responsible for third-party services. Your use of third-party services is governed by their own terms.

14. Service Availability, Data Retention, and Deletion

We may modify, suspend, discontinue, or remove any part of the Service at any time, with or without notice. We do not guarantee continuous availability, uptime, or permanent retention of any User Content. You are responsible for exporting or backing up your data.

15. Disclaimers

16. Limitation of Liability

17. Indemnification

You agree to defend, indemnify, and hold harmless MindCapsule from any claims, liabilities, damages, losses, costs, expenses, and attorneys' fees arising out of your use of the Service, your User Content, your violation of these Terms or any law, your designation of any recipient or release condition, any dispute involving your family or estate, any claim related to the Final Wishes Feature, your storage of prohibited information, or any dispute arising from content release.

18. Termination

You may stop using the Service at any time. We may suspend, restrict, or terminate your access at any time if we believe you violated these Terms, created risk, failed to pay fees, or if we discontinue the Service. Sections that by their nature should survive termination will survive.

19. Arbitration Agreement

Except for small claims court and intellectual property claims, you and MindCapsule agree that any dispute will be resolved by final and binding individual arbitration, not in court. Arbitration will be administered by the American Arbitration Association under its consumer arbitration rules. Arbitration may be conducted remotely, in Bexar County, Texas, or another mutually agreed location. You and MindCapsule each waive the right to a jury trial.

20. Class Action Waiver

You and MindCapsule agree that each may bring claims only in an individual capacity and not as a plaintiff or class member in any class, collective, coordinated, mass, representative, or private attorney general proceeding. The arbitrator may not consolidate claims of more than one person.

21. Governing Law

These Terms will be governed by the laws of the State of Texas, without regard to conflict of law principles. Any action permitted in court shall be brought exclusively in Bexar County, Texas.

22. Changes to These Terms

We may update these Terms from time to time. The updated version will become effective when posted. If we make material changes, we may provide additional notice through the Service, by email, or by other reasonable means. Your continued use after the effective date means you accept the updated Terms.

23. Miscellaneous

If any provision is unenforceable, the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent. We may assign these Terms as part of a merger, acquisition, or sale of assets.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MindCapsule regarding the Service.

23A. Force Majeure

MindCapsule shall not be liable for any failure or delay arising from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, governmental orders, war, terrorism, internet outages, cyberattacks, third-party infrastructure failures (including Firebase, Google Cloud, or Apple services), or any other cause beyond MindCapsule's reasonable control. This provision applies with full force to the Final Wishes Feature.

24. Contact