Terms of Use

1. Who we are

Lastly is an app operated by Real Movement Athletic Inc. ("Lastly," "we," "us," or "our"), a corporation organized under the laws of Canada. These Terms of Use ("Terms") govern your use of the Lastly mobile application, the website at lastlyapp.com, and any related services (together, the "Service").

By creating an account, subscribing, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. Who can use Lastly

You must be at least 13 years old to create an account or use the Service. If you are under 18, you confirm that you have permission from a parent or legal guardian to use the Service.

Lastly Echoes (testament feature) require you to be at least 18 years old. Lastly Echoes are messages configured to deliver to your designated recipients based on a check-in system that infers, after a defined inactivity period and witness confirmation process, that you may have passed away. Because these are testamentary in nature, only adults may set up, modify, or maintain Lastly Echoes. Other features of the Service — scheduled messages with fixed delivery dates, Heartbeats check-ins, group messages (Chorus), and receiving messages from others — are available to users 13 and older.

You confirm that you provide accurate, current, and complete information when you register, and that you will keep it updated.

3. Your account

You are responsible for keeping your account credentials secure and for all activity under your account. Notify us immediately at hello@lastlyapp.com if you suspect unauthorized access.

4. Description of the Service

Lastly allows you to:

• Record audio, video, and written messages ("Echoes") for the people you care about
• Schedule those Echoes for delivery on a future date and time, or as a Lastly Echo configured to deliver upon a verified period of inactivity
• Organize group messages ("Chorus") with multiple contributors
• Send and receive lightweight wellness check-ins ("Heartbeats") with a small circle of contacts
• Configure designated witnesses and an optional emergency contact who help verify and confirm delivery decisions for Lastly Echoes

We may add, modify, or remove features at any time. Where a change materially affects your use, we will give reasonable notice.

5. Lastly Echoes — important terms

Lastly Echoes operate on a check-in system: you choose how often we check in with you (the "check-in interval"). If you do not confirm a check-in after the configured interval, our system attempts repeated direct contact and then contacts your designated witnesses. If your witnesses confirm that you may have passed away, your Lastly Echoes enter a 72-hour countdown during which delivery can still be cancelled by you. After the countdown completes, your Lastly Echoes are delivered to your designated recipients.

Best-effort delivery. We use commercially reasonable efforts to deliver your Lastly Echoes accurately and in accordance with your configured settings. However, you acknowledge that delivery depends on factors outside our exclusive control, including but not limited to: the responsiveness of your witnesses, the accuracy of contact information you provide for your recipients, third-party service availability (email, SMS, push notifications), and your own ongoing maintenance of your account. We do not guarantee that any specific Lastly Echo will be delivered, will be delivered at a specific time, or will reach a specific recipient.

Not a legal will. Lastly Echoes are personal messages and are not legal documents. They are not a substitute for a will, power of attorney, advance directive, or any other legal instrument. They have no legal effect on the distribution of your estate, on healthcare decisions, on guardianship, or on any other matter governed by law. For legal planning needs, consult a qualified attorney in your jurisdiction.

Your responsibility to keep things current. The accuracy of your Lastly Echoes — including your check-in interval, your designated witnesses, your recipients, and the content of the messages themselves — is your responsibility. You should review and update them periodically.

Subscription lapse and retention. If your subscription lapses, your check-in system continues to operate for 60 days following expiration, during which your Lastly Echo remains fully protected and unaffected by your subscription status. If, after that 60-day period, you have not reactivated your subscription and have not missed a scheduled check-in — indicating you remain reachable and have simply not resubscribed — your Lastly Echo enters a dormant status. We will provide notice no less than 30 days before any deletion occurs. If your subscription remains inactive at the end of that notice period, your Lastly Echo, including all associated recorded content, will be permanently deleted no sooner than one year after the date your subscription lapsed. This dormancy-based deletion does not apply, under any circumstance, where we are unable to confirm through the check-in and witness-confirmation process whether you are living or deceased; in that circumstance your Lastly Echo is preserved indefinitely and is never automatically deleted.

6. Subscriptions, billing, and trial

Certain features of the Service require a paid subscription, including Lastly Echoes, unlimited scheduled Echoes, and Heartbeats. Subscription pricing is shown to you in the app at the point of purchase.

Free trial. We offer a 7-day free trial of Lastly Premium for new subscribers. You will not be charged during the trial. At the end of the trial, your subscription will automatically renew at the price displayed at the point of purchase unless you cancel at least 24 hours before the end of the trial period. You may cancel at any time during the trial.

Auto-renewal. Subscriptions automatically renew at the end of each billing period (monthly or yearly, depending on the plan you selected) unless cancelled at least 24 hours before the end of the current period. Payment will be charged to your Apple ID account at confirmation of purchase and at each renewal. You can manage your subscription and cancel auto-renewal at any time through your Apple ID Settings.

Refunds. All purchases are processed by Apple. Refund requests must be made directly to Apple through their App Store support channels. We do not process refunds directly.

Cancellation and access after cancellation. If you cancel a paid subscription, your access to paid features continues until the end of your current billing period. Echoes already scheduled to deliver within 90 days of the end of your subscription will still be delivered as scheduled, regardless of your subscription status at the time of delivery. Echoes scheduled to deliver more than 90 days after your subscription ends are not guaranteed delivery: we will notify you that these Echoes are at risk, and if your subscription has not been reactivated within 30 days of that notice, the affected Echoes will be permanently deleted. See §5 above for the retention terms applicable to Lastly Echoes specifically.

7. Your content

You retain ownership of all messages, audio, video, text, and other content you create and submit through the Service ("Your Content"). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to store, process, encrypt, transmit, and deliver Your Content solely as necessary to provide the Service to you and to your designated recipients.

You represent that Your Content does not infringe the rights of any third party, does not violate any law, and does not contain content that is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable.

We do not monitor or review Your Content. Lastly is designed for private, person-to-person communication. We do not routinely access, review, or share the contents of Your Content. We may access Your Content only when required by law, to investigate a security incident, or to provide direct support that you request.

8. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose
• Send messages intended to threaten, harass, defame, or harm any person
• Attempt to access, tamper with, or use non-public areas of the Service or our infrastructure
• Reverse engineer, decompile, or attempt to extract source code from the Service
• Use the Service to send spam or unsolicited bulk communications
• Impersonate any person or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the Service or its servers
• Use the Service to deliver content that promotes illegal activity, violence, hate speech, or exploitation

9. Termination

You may stop using the Service and delete your account at any time through the app's settings or by emailing hello@lastlyapp.com.

We may suspend or terminate your account if you materially breach these Terms, use the Service in a way that harms others or our infrastructure, or fail to pay for a subscription you have agreed to. Where reasonable, we will give you notice before terminating.

If we terminate your account, your scheduled Echoes and Lastly Echoes may not be delivered. Where the termination is for cause attributable to you, we are not obligated to deliver Your Content.

10. Intellectual property

The Service, including the Lastly app, the website, our trademarks, logos, and all software and content we create, is the property of Real Movement Athletic Inc. and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Service except as expressly permitted by these Terms.

11. Disclaimers

The Service is provided "as is" and "as available." We make no warranties, express or implied, regarding the Service, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or availability.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components. You use the Service at your own risk.

12. Limitation of liability

To the maximum extent permitted by law, in no event will Real Movement Athletic Inc., its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, loss of data, or emotional distress — arising out of or related to your use of the Service.

Our aggregate liability to you for any claim arising out of or related to the Service is limited to the greater of (a) the amount you paid us in the twelve months immediately preceding the claim, or (b) one hundred Canadian dollars (CAD $100).

Nothing in these Terms limits liability that cannot be limited under applicable law.

13. Indemnification

You agree to indemnify and hold harmless Real Movement Athletic Inc. and its officers, directors, employees, and agents from any claim, loss, damage, or expense (including reasonable legal fees) arising out of (a) your use of the Service, (b) your violation of these Terms, (c) Your Content, or (d) your violation of the rights of any third party.

14. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable in Ontario, without regard to conflict of law principles. You agree that any dispute arising out of or related to these Terms or the Service will be resolved in the courts located in Toronto, Ontario, and you consent to the personal jurisdiction of those courts.

15. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email or through the app and update the "Last updated" date at the top of this page. Your continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms.

16. Apple-specific terms

If you obtained the Lastly app from the Apple App Store, you acknowledge that these Terms are between you and Real Movement Athletic Inc., and not between you and Apple. Apple has no obligation to provide maintenance or support for the Service. To the extent that the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any) to you; Apple has no other warranty obligation. Apple is not responsible for any product liability, regulatory, or third-party claims related to the Service. You confirm that you are not located in a country subject to U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

17. Contact

Questions about these Terms? Email us at hello@lastlyapp.com.