1.1. Acceptance: These Terms form a binding agreement between you and Diwalco. By creating an account or using the Platform, you confirm you have read, understood, and agree to these Terms.

1.2. Eligibility: You must be at least 16 years old to use the Platform. If you are under 16, you may only use the Platform with verifiable consent and supervision from a parent or legal guardian.

2.1. We may update these Terms at any time. We will provide 30 days' notice of material changes by posting new Terms on the Platform.

2.2. Continuing to use the Platform after changes means you accept the new Terms. If you disagree, please stop using the Platform.

3.1. Account Creation: You must register an account to access features. Provide accurate and complete information and keep it updated.

3.2. Security: You are responsible for your account password and all activities under your account. Notify us immediately of any unauthorized use. Diwalco is not liable for losses from your failure to secure your account.

3.3. Identity Verification: You agree to cooperate with identity verification, especially for sensitive actions like account recovery or legacy content release.

4.1. License: We grant you a limited, non-exclusive, personal, non-transferable license to use the Platform for its intended purpose.

4.2. Restrictions: You may not copy, modify, distribute, sell, reverse engineer, or otherwise exploit any part of the Platform. Automated access or creating false accounts is prohibited.

5.1. Your Content: You may upload documents, photos, messages, and personal information for family trees and digital legacy ("Your Content").

5.2. Ownership: You retain all ownership rights in Your Content.

5.3. License to Diwalco: You grant Diwalco a license to use Your Content to operate, provide, and improve the Platform and its services, including storing, displaying, processing, and transmitting Your Content to your designated Nominees.

5.4. Your Responsibilities for Content: You are solely responsible for Your Content. You warrant that:

• You have all necessary rights to upload Your Content.
• Your Content does not violate any third-party rights or laws.
• Your Content is accurate and not misleading.
• You have obtained necessary consents from living individuals whose personal information you include, particularly if they are in New Zealand.

5.5. Nominee Designation and Access:

• Designation: You may designate Nominees to access specified content upon verifiable events (e.g., your passing).
• Instructions: Provide clear instructions within the Platform for content sharing with Nominees.
• Verification: Upon notification of a triggering event, we will verify the event and Nominee's identity using appropriate documentation (e.g., death certificate).
• Release: Verified Nominees will receive access to designated content as per your instructions.
• No Legal Advice: Diwalco is a technology platform. We do not provide legal advice, estate planning, or act as an executor. Our nomination process is for digital access only and is not a substitute for legal wills or estate planning.

5.6. Deceased User Data: Upon verified passing, your account will be handled per your instructions. If no instructions, data may be preserved for legal access or eventually de-identified/deleted as per our Privacy Policy. Nominee rights are limited to content and permissions you granted.

7.1. The Platform content and features are the exclusive property of Diwalco and its licensors, protected by copyright and other laws.

7.2. You may not copy, reverse engineer, or exploit any part of the Platform without our written consent.

8.1. Some Platform features may require payment. Fees are stated on the Platform. We may change prices with advance notice.

8.2. Payments are processed via third-party processors. We do not store full payment details.

8.3. Refund policies will be explicitly stated on the Platform.

13.1. By You: You may terminate your account at any time via Platform settings or by contacting us.

13.2. By Diwalco: We may terminate or suspend your account immediately, without notice, if you breach these Terms, or for other reasons like legal requests or technical issues.

13.3. Effect of Termination: Your right to use the Platform ceases. Provisions meant to survive termination (e.g., ownership, disclaimers, liability) will remain in effect.

14.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of New Zealand.

14.2. Jurisdiction: You agree to the exclusive jurisdiction of the courts located in New Zealand for any disputes arising from these Terms.

15.1. Severability: If any part of these Terms is found unenforceable, the remaining parts remain in effect.

15.2. Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and Diwalco regarding the Platform.

Diwalco

Email: hello@diwalco.com

Mailing Address: Diwalco Limited, 540 Cashel Street, Linwood, Christchurch, 8011, New Zealand.