Terms of Service

1. Acceptance of Terms

By accessing or using LastFlare, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use the service.

You must be at least 13 years of age (or 16 years of age in the European Economic Area) to use LastFlare. By using the service, you represent that you meet this age requirement.

2. Description of Service

LastFlare is a personal messaging and check-in application. The service allows you to compose messages, set check-in schedules, and designate recipients. Messages are stored securely and delivered based on your account settings and schedule.

3. Account Registration

• You must provide accurate and complete information when creating your account
• You are responsible for maintaining the security of your account credentials
• One account per person
• You must notify us immediately of any unauthorized access to your account at [email protected]

4. Acceptable Use

You agree not to use LastFlare to:

• Store or transmit illegal content
• Engage in harassment, threats, or hate speech
• Send spam or unsolicited messages
• Impersonate any person or entity
• Attempt to circumvent security measures or interfere with the service
• Use the service in any way that violates applicable law

5. Message Content

• You retain ownership of all content you create on LastFlare
• You grant LastFlare a limited license to store, encrypt, process, and deliver your content as instructed by your settings
• You are responsible for ensuring your content complies with applicable laws
• We may remove content that violates these Terms of Service

6. Check-In and Message Delivery

• Messages are stored securely and delivered based on your schedule settings
• Delivery depends on multiple factors including network availability and third-party service uptime
• LastFlare is not a guaranteed delivery service — we use commercially reasonable efforts to deliver messages according to your settings
• You acknowledge that messaging involves inherent risks and limitations
• LastFlare is not liable for delayed, unsuccessful, or unintended delivery of messages

7. SMS/Text Messaging Terms

By providing your phone number and enabling SMS check-in reminders, you consent to receive text messages from LastFlare related to your account and check-in schedule.

• Consent to receive SMS is not a condition of purchase or use of the service
• Message frequency varies based on your check-in schedule and account settings
• Message and data rates may apply — check with your mobile carrier
• You may opt out of SMS at any time by replying STOP to any message. You will receive a one-time confirmation and no further texts
• Reply HELP for assistance or contact [email protected]
• LastFlare is not responsible for delayed or undelivered SMS messages due to carrier issues, network outages, or device settings
• Carriers are not liable for delayed or undelivered messages
• See our Privacy Policy for details on how we handle your phone number and SMS data

8. Recipients and Guardians

• You may designate recipients and guardians (trusted contacts) as part of the service
• You represent that you have the right to provide their contact information to LastFlare
• Recipients and guardians may receive communications from LastFlare on your behalf
• Their data is handled in accordance with our Privacy Policy

9. Subscriptions and Payments

• A free tier is available with limited features
• Premium subscriptions are available via Apple App Store and Google Play in-app purchases
• Billing is managed by the respective app store platform
• Refunds are subject to the applicable app store's refund policy
• We reserve the right to change pricing with 30 days notice
• Feature limits apply per subscription tier
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period
• To cancel, manage your subscription through your device's App Store or Google Play subscription settings
• The Lifetime plan ($169) is a one-time purchase granting access for the lifespan of the LastFlare product; it does not guarantee perpetual access if the service is discontinued

10. Encryption and Security

• Messages are encrypted with AES-256-GCM at rest
• Encryption keys are managed server-side — this is not end-to-end encryption
• We may decrypt and disclose content when required by valid legal process
• We will notify you of legal requests for your data when legally permitted to do so
• We implement commercially reasonable security measures but cannot guarantee absolute security

11. Intellectual Property

LastFlare and its original content, features, and functionality are owned by Nimbus Foundry, LLC. The LastFlare name, logo, and brand are trademarks of Nimbus Foundry, LLC. You may not copy, modify, or distribute our proprietary technology.

12. Limitation of Liability

The service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, whether express or implied.

• LastFlare is not liable for any indirect, incidental, special, consequential, or punitive damages
• LastFlare is not liable for emotional distress related to message delivery or non-delivery
• Our total liability is limited to the amount you paid to LastFlare in the 12 months preceding the claim
• Some jurisdictions do not allow limitation of liability — in those cases, liability is limited to the maximum extent permitted by law

13. Indemnification

You agree to indemnify and hold harmless LastFlare, Nimbus Foundry, LLC, and its officers, directors, and employees from any claims, damages, or expenses arising from your use of the service, your content, or your violation of these terms.

14. Termination

• You may delete your account at any time
• We may suspend or terminate your account for violation of these terms
• Upon termination, your data will be handled in accordance with our Privacy Policy and Data Deletion procedures
• The following sections survive termination: Intellectual Property, Limitation of Liability, Indemnification, and Governing Law

15. Governing Law and Disputes

These terms are governed by the laws of the State of Wyoming, United States. Any disputes arising from these terms or your use of LastFlare shall be resolved in the courts of Wyoming. You waive any objection to jurisdiction in such courts.

16. Changes to Terms

We may modify these Terms of Service at any time. For material changes, we will provide 30 days notice via email or in-app notification. Continued use of LastFlare after the effective date of changes constitutes your acceptance of the updated terms.

17. Severability

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

18. Contact

Email: [email protected]

Nimbus Foundry, LLC

7345 W Sand Lake Rd, Ste 210, Office 3903, Orlando, FL 32819, United States