Terms of Service

These Terms of Service ("Terms") govern your use of the Lastlya mobile application ("App") and website ("Site"), provided by Samael Sp. z o.o. ("we", "us", "our"), a company registered in Poland. By using Lastlya, you agree to these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using Lastlya, you confirm that you:

If you do not agree, you must not use the service.

2. Description of Service

Lastlya is a personal message vault that allows you to:

Lastlya is a tool for personal expression and legacy planning. It is not a legal instrument, last will, or testament. Messages delivered through Lastlya have no legal binding effect.

3. Accounts

3.1 Registration

You must provide a valid email address and create a password to register. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

3.2 Account Security

We are not liable for any loss arising from unauthorized use of your account if such use resulted from your failure to protect your credentials. Notify us immediately at support@lastlya.com if you suspect unauthorized access.

3.3 Account Deletion

You may permanently delete your account at any time through Settings → Delete Account in the App. Account deletion is irreversible and must be confirmed via a link sent to your registered email address.

Upon confirmed deletion:

Important: Account deletion is distinct from plan expiry. If your plan lapses without explicit account deletion, the Delivery Promise mechanism described in §6 applies. Deletion permanently and irrevocably stops all deliveries.

4. Content and Conduct

4.1 Your Content

You retain full ownership of all content you create in Lastlya. We do not claim any intellectual property rights over your messages, recordings, or other content.

By using the service, you grant us a limited, non-exclusive, worldwide license to store, encrypt, and transmit your content solely for the purpose of providing the service — storing and delivering your messages as configured by you.

4.2 Prohibited Content

You agree not to use Lastlya to create or send content that is:

We reserve the right to suspend or terminate accounts that violate these rules. Because your content is encrypted, we rely on reports from recipients and automated signals to detect abuse.

4.3 Content Responsibility

You are solely responsible for the content you create and the recipients you designate. We encourage you to use Lastlya with thoughtfulness and care for the emotional wellbeing of those who will receive your messages.

5. Plans and Pricing

5.1 Available Plans

Lastlya offers the following annual plans. All prices are in US Dollars and billed once per year:

Audio limits represent the total cumulative duration of all audio content stored in your vault. Video limits apply per individual video recording. Plan limits may be updated with 30 days' notice.

For custom requirements exceeding the Eternal plan, contact us at hello@lastlya.com to discuss a tailored arrangement.

5.2 Billing

Paid plans are billed annually through Google Play Billing. Subscriptions auto-renew at the end of each annual period unless cancelled before the renewal date. You may cancel at any time through your Google Play account settings.

5.3 No Refunds

All payments are final and non-refundable. This applies in all circumstances, including:

Google Play may apply its own refund policy for purchases made within a short window of the transaction. Such refunds, if granted by Google, are processed by Google Play and are independent of our policy.

If you believe you have been charged in error, contact us at support@lastlya.com within 14 days of the charge.

5.4 Plan Changes

You may upgrade your plan at any time. Upgrades take effect immediately. Downgrades take effect at the start of the next billing period. We may change plan pricing with 30 days' notice; changes do not affect your current active billing period.

6. The Delivery Promise — A Core Feature

The Delivery Promise is not a penalty or a consequence — it is one of Lastlya's most important features. It exists to ensure that your messages will always reach the people you care about, regardless of what happens to you or your subscription.

6.1 What the Delivery Promise Means

If your Lastlya plan is not renewed and your account is not explicitly deleted, we will deliver your messages to your designated recipients on your behalf. This ensures that even in the event of your death, incapacitation, or simply forgetting to renew, your loved ones will receive what you intended for them.

By using Lastlya, you explicitly authorize and request this delivery to occur under the conditions described in §6.2.

6.2 Delivery Protocol on Plan Lapse

When your paid plan is not renewed (or, for Whisper users, when the account has been inactive for more than 365 days), the following process applies:

  1. Days 1–30 (Grace Period): Your account is frozen. You cannot create new content, but existing messages are safe. We send renewal reminders by email and push notification. Renewing at any point during this window instantly restores full access.
  2. Day 31 (Final Notice): We send a final email to your registered address: "Your Lastlya messages will be delivered to your loved ones in 60 days unless you renew or delete your account."
  3. Day 91 (Delivery): All messages assigned to recipients are securely delivered. Recipients receive an email with personal download links.
  4. Days 91–180 (Download Window): Recipients have 90 days to access and download delivered content.
  5. Day 181: All content is permanently deleted from our servers.

The clock resets to zero if you renew your plan or delete your account at any point during Steps 1–2.

6.3 Opting Out of the Delivery Promise

The only way to prevent delivery is to delete your account (see §3.3). Account deletion permanently and irrevocably cancels all pending deliveries. There is no other opt-out — this is by design, as the Delivery Promise exists to serve your recipients, not your account.

6.4 Delivery Guarantee Limitations

We make commercially reasonable efforts to deliver messages reliably. However, delivery may be affected by recipient email issues (spam filters, invalid addresses), technical failures beyond our control, or legal requirements. We are not liable for non-delivery caused by factors outside our systems.

6.5 Already-Delivered Messages

Once a message has been delivered to a recipient, it cannot be recalled, edited, or deleted by you. Prior to delivery, you may edit or delete any message at any time.

7. Intellectual Property

The Lastlya name, logo, design, and code are the intellectual property of Samael Sp. z o.o. You may not copy, modify, distribute, or reverse-engineer any part of the App or Site without prior written permission.

8. Limitation of Liability

To the maximum extent permitted by applicable law:

These limitations do not affect your statutory rights under EU consumer protection law.

9. Indemnification

You agree to indemnify and hold harmless Samael Sp. z o.o. from any claims, damages, or expenses arising from your use of the service, your content, or your violation of these Terms.

10. Service Availability and Continuity

We strive to maintain 99.9% uptime but do not guarantee uninterrupted service. We may perform scheduled maintenance with advance notice. In the event of permanent service discontinuation, we will provide at least 90 days' notice and enable data export for all users before shutting down.

11. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect. Continued use of the service after changes take effect constitutes acceptance of the updated Terms.

12. Governing Law and Disputes

These Terms are governed by the laws of Poland and the European Union. Any disputes shall be resolved by the competent courts in Poland, without prejudice to your rights under EU consumer protection law to bring proceedings in your country of residence.

Before pursuing legal action, we encourage you to contact us at support@lastlya.com to resolve any dispute amicably.

13. Severability

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

14. Contact

Samael Sp. z o.o.
Email: support@lastlya.com
Website: https://lastlya.com