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Terms of Service

Effective Date: August 12, 2026

1. Acceptance of Terms

By checking the box to accept these Terms and completing the account registration process on LastFlare (for example by tapping “Create Account”), you agree to be bound by these Terms of Service and our Privacy Policy, and you represent that you are at least 18 years of age. If you do not agree, do not create an account or use the service. This agreement is formed at the moment you complete account registration, not merely by browsing the website or app store listing.

You must be at least 18 years of age to use LastFlare. By using the service, you represent that you meet this age requirement. We require users to be 18 or older because LastFlare includes Legacy Mode features designed for end-of-life planning, which involve legal and personal considerations appropriate only for adults.

2. Description of Service

LastFlare is an inactivity-triggered private-content delivery service. The service allows you to compose messages (text, video, audio, photos), create Life Story chapters, set a recurring check-in schedule, and designate recipients. If you fail to check in within your configured interval, the system initiates a multi-stage verification cascade before delivering your active messages and the Life Story chapters you selected for recipients.

Service Modes

Verification Cascade Stages

When you miss a check-in, LastFlare does not immediately deliver your active messages or Life Story chapters selected for recipients. Instead, it initiates the following verification cascade to prevent false-positive delivery:

  1. Stage 1 — Push Notification: A push notification is sent after your check-in deadline passes. (A separate in-app reminder may be shown before the deadline as a courtesy; it is not part of the cascade.)
  2. Stage 2 — Email (and SMS where available): After a grace period, email notifications are sent. Where SMS functionality is available and enabled, LastFlare may also send service-related text messages as part of this stage on Premium plan. SMS availability may depend on plan, country, carrier, and configuration
  3. Stage 3 — Guardian Verification: Your designated guardians are contacted. You configure how many guardians must respond before the cascade proceeds (K-of-N confirmation). Only affirmative “passed” guardian responses count toward your threshold; a “cannot reach” response or no response does not count. A guardian response that you are safe halts the current cascade. If no guardian responds, or the responses do not meet your configured threshold by the Stage 3 deadline, the next step depends on your automatic delivery setting. If automatic delivery is disabled or its required consent is not valid, the cascade is routed to MANUAL REVIEW and a LastFlare operator reviews the available cascade information. The operator may dismiss the case or, unless you have a current stop request on file, authorize the cascade to continue. An operator authorization routes the case into the same Pre-Delivery final undo window used by other cascade paths: you receive a final cancel email and a grace period before any content is delivered. If a stop request is recorded for the current cascade while our records show content remains pending or in progress, manual delivery is blocked while the case is reviewed. If automatic delivery is enabled with valid consent, the cascade proceeds automatically to the Pre-Delivery final undo window without meeting the guardian threshold or receiving operator review.
  4. Pre-Delivery — Final Undo Window: For cascade paths that enter Pre-Delivery, a final cancel email is sent with a two-step confirmation link. During the initial grace period, you can halt delivery before sharing begins. The link remains usable for a limited time after that period to stop content not yet sent; content already delivered cannot be recalled
  5. Delivery: On the ordinary cascade path, after the applicable stages are exhausted without cancellation, LastFlare attempts to deliver your active messages and Life Story chapters selected for recipients to those designated recipients. Provider failures or other disruptions may prevent or delay some deliveries. A MANUAL REVIEW case reaches Delivery only after an operator authorizes it and the Pre-Delivery final undo window described above elapses without cancellation

We maintain audit records of cascade activity and state transitions.

3. Account Registration

4. Acceptable Use

You agree not to use LastFlare to:

5. Message Content

6. Check-In and Private Content Delivery

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.

8. Recipients and Guardians

Guardian Mechanics

LastFlare is not responsible for the accuracy, timeliness, or good faith of guardian responses. If a guardian incorrectly confirms that you are safe, thereby halting the cascade and preventing eligible private-content delivery, LastFlare bears no liability for the resulting non-delivery. You acknowledge that the guardian verification system depends entirely on the good-faith participation of your chosen guardians.

When automatic delivery is disabled or its required consent is not valid, delivery in the trusted-contact path (Stage 3) depends on the diligence, availability, and capability of the guardians you select. In that path, LastFlare relies on your guardians' affirmative attestations and does not independently verify your status, whereabouts, or wellbeing. When automatic delivery is enabled with valid consent, the cascade may proceed without guardian attestations. You are responsible for choosing reliable, capable guardians, and for the consequences of that choice.

9. Subscriptions and Payments

Auto-Renewal Disclosure (California and All Users)

Premium subscriptions automatically renew at the end of each billing period at the then-current price. Apple or Google, and LastFlare where applicable, will present or send the purchase, trial, renewal, price-change, and cancellation information required by applicable law and the relevant app store rules. Any available free trial and its conversion price will be disclosed in the app store purchase flow before you subscribe. You may cancel through your device's App Store or Google Play subscription settings. In addition to the records the app stores keep for the purchases they process, LastFlare maintains its own durable, append-only record of each subscription's lifecycle transactions together with the automatic-renewal disclosure — including its version and a one-way content hash — that was shown to you at the time of purchase. Nothing in these Terms limits your rights under California's Automatic Renewal Law (Bus. & Prof. Code §17600 et seq.) or any other applicable automatic renewal law.

Tier Limits

FeatureFreePremium
Recipients1100 max
Messages1Unlimited for ordinary personal use*
Guardians110 max
Min check-in interval24 hours1 hour (recommended)
SMS cascade (Stage 2)NoNot currently available
Media attachmentsNoYes
Storage2 GB

* Unlimited messaging is subject to reasonable technical, security, storage, and abuse-prevention limits. We may restrict automated, excessive, unlawful, or service-disrupting use.

10. Encryption and 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.

Notwithstanding anything to the contrary in these Terms: (i) nothing in these Terms limits or excludes Nimbus Foundry, LLC's liability for death or personal injury caused by its negligence; (ii) nothing limits or excludes liability for gross negligence, willful misconduct, or intentional or fraudulent misrepresentation; (iii) nothing limits or excludes any liability that cannot be excluded under applicable law. The exclusion of liability for emotional distress in this section applies only to distress arising from service limitations inherent in a scheduled, timer-based messaging service (e.g., a message delivered according to the cascade timeline). It does not apply to emotional distress resulting from Nimbus Foundry, LLC's gross negligence, willful misconduct, or breach of a non-excludable consumer guarantee.

Nothing in these Terms excludes, restricts, or modifies any right, remedy, guarantee, condition, or warranty that cannot be excluded, restricted, or modified by agreement under applicable law, including but not limited to: (i) statutory guarantees under the Australian Consumer Law (Competition and Consumer Act 2010, Schedule 2), including guarantees of acceptable quality and due care and skill; (ii) implied terms under the UK Consumer Rights Act 2015; (iii) rights under the EU Unfair Contract Terms Directive as implemented in member states; or (iv) any other mandatory consumer protection rights under applicable local law. To the extent permitted by the Australian Consumer Law, Nimbus Foundry, LLC limits its liability for a breach of a non-excludable consumer guarantee in respect of a service to the re-supply of the service or the payment of the cost of having the service re-supplied.

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 content, your violation of these Terms, or your violation of applicable law or the rights of a third party.

This indemnity obligation does not apply to the extent that a claim arises from Nimbus Foundry, LLC's own negligence, gross negligence, willful misconduct, or breach of any non-excludable consumer protection right under applicable law. For consumers in the European Union or United Kingdom, this indemnification clause does not apply to claims that would be considered unfair under the EU Unfair Contract Terms Directive or the UK Consumer Rights Act 2015.

14. Termination

Content Moderation and Account Actions

For non-urgent violations, Nimbus Foundry, LLC will generally provide notice and a reasonable opportunity to cure the violation before suspending or terminating your account. For serious violations (illegal content, imminent harm, fraud), we may suspend without prior notice. If your account is suspended or terminated for a policy violation, then where reasonably practicable and legally permitted, we may give you an opportunity to request an export of your composed, undelivered messages and Life Story chapters before deletion, for example through our standard data-export process. This may be unavailable where preservation or access would create a security risk, violate law, or expose another person's rights. You may ask us to reconsider an account suspension by contacting [email protected]. We will review such requests in a reasonable time but do not guarantee a particular outcome or response deadline.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-law principles, except that:

Nimbus Foundry, LLC is formed in Wyoming; its principal office is located in Orange County, Florida. Subject to any mandatory forum rights that cannot be waived by agreement under applicable law (including EU consumers' right to bring proceedings in their country of residence under EU Regulation 1215/2012), any dispute arising out of or relating to these Terms or your use of LastFlare shall be brought exclusively in the state or federal courts located in Orange County, Florida, United States, and you consent to the personal jurisdiction of those courts.

16. Changes to Terms

We may modify these Terms of Service at any time. For material changes (other than subscription pricing, which is addressed below), we will provide at least 30 days' advance notice by posting the revised Terms on our website and in the app with a revised Effective Date, and by email where an email channel is available. For non-material changes (such as typographical corrections or reorganization), we will update the Effective Date and post the revised Terms.

Nimbus Foundry, LLC sets subscription prices through the applicable app store's pricing controls, and does not change your subscription price outside that app store's price-change process. Where a price change requires notice to you or your consent, that notice or consent is delivered through the Apple App Store or Google Play price-change process — including, where the store requires it, an in-app notice we provide — as required by that store's rules and applicable law; certain price decreases may take effect without separate notice (see the Auto-Renewal Disclosure above).

If you are a consumer in the European Union or United Kingdom, you have the right to terminate your account without penalty within 30 days of receiving notice of a material change if you do not accept the revised Terms.

Continued use of LastFlare after the effective date of non-material changes constitutes acceptance of the updated Terms.

17. Disclaimers — Not Estate Planning, Not Emergency Response, Not Professional Advice

IMPORTANT: LastFlare is NOT a will, trust, advance directive, power of attorney, or any other legally binding estate planning instrument. Delivery through LastFlare does not by itself make private content a legally binding estate planning document or satisfy the formal requirements for a will, trust, advance directive, or power of attorney. Delivered content may nevertheless have evidentiary, copyright, or other legal significance depending on applicable law. You should consult a qualified attorney for all estate planning, succession, and advance directive needs.

LastFlare is NOT an emergency response system, medical alert service, or substitute for contacting emergency services. If you or someone you know is in immediate danger or a medical emergency, call your local emergency services (e.g., 911 in the US, 999 in the UK, 000 in Australia, 995 in Singapore) immediately. The verification cascade is designed to prevent false-positive private-content delivery and operates over a period of hours — it is not designed to summon emergency assistance.

LastFlare does not provide legal, financial, medical, psychological, or any other professional advice. Nothing in the service or its communications constitutes professional advice of any kind.

Requests by anyone other than the account holder. LastFlare acts on the check-in schedule and recipient designations that the account holder configures within the app. Only the account holder may change an account's status, schedule, or recipient designations. LastFlare does not deliver, release, withhold, halt, accelerate, or otherwise change the state of an account, and does not disclose the contents of an account holder's messages, at the request of any executor, administrator, attorney-in-fact, agent, conservator, family member, or other third party. This does not affect the role of guardians or trusted contacts the account holder has themselves designated within the service, who form part of the account holder's own configured check-in process. A limited exception applies to verified privacy requests: data-protection and consumer-privacy laws may require LastFlare to act on a verified request from a recipient or guardian to delete or restrict their own personal information, and doing so can, as a downstream consequence, remove that person's contact details and cause an affected message to revert to draft or otherwise change its delivery eligibility. This is compelled by applicable law and is not action taken to let a third party control the account. LastFlare will endeavor to acknowledge such requests in writing. LastFlare responds to legal process as required by, and permitted under, applicable law. Where a duly appointed personal representative provides valid documentation of appointment and government identification, LastFlare may, in its discretion and to the extent permitted by law, confirm the existence and status of the account and disclose non-content account records; LastFlare does not disclose the contents of, or deliver, an account holder's messages to any person the account holder did not designate, except to the extent disclosure is required by, and permitted under, applicable law (such as a valid court order). Nothing in this section is an admission or representation regarding the legal characterization of LastFlare's designation feature under any digital-assets, fiduciary-access, or similar law, and LastFlare reserves all rights and positions in that regard.

18. Delivery Irreversibility

Reaching the Delivery stage may begin sharing your active messages and Life Story chapters selected for recipients. Content already delivered generally cannot be recalled or retracted. While eligible content remains unsent, available cancellation controls may stop further delivery or record a stop request for operator review, but they cannot retract content already delivered. You acknowledge and accept this irreversibility by using the service.

Allocation of Risk

MANUAL REVIEW DELIVERY: When a cascade is routed to MANUAL REVIEW, an authorized LastFlare operator may dismiss the case or, unless a current owner stop request is on file, authorize the cascade to continue based on the available cascade information. If the operator authorizes it, the cascade enters the Pre-Delivery final undo window: you receive a final cancel notice and a grace period, and delivery begins only if you do not cancel during that window. Once delivered, content cannot be recalled. A current owner stop request blocks manual delivery while the case is reviewed.

The verification cascade includes multiple stages specifically designed to prevent false-positive delivery (delivery while you are alive or capable of checking in). You are responsible for: (i) configuring a check-in interval appropriate to your circumstances; (ii) designating a sufficient number of active guardians; (iii) ensuring your contact information is current so that Stage 1 and Stage 2 notifications reach you. If delivery occurs because you failed to complete a check-in, failed to respond to cascade notifications, or because your guardians failed to respond, Nimbus Foundry, LLC bears no liability for the resulting delivery.

If delivery occurs solely due to a verified malfunction of Nimbus Foundry, LLC's systems (not attributable to user configuration or third-party service failure), Nimbus Foundry, LLC's liability is limited as set forth in Section 12, subject to the gross negligence carve-out in that section. This section does not limit any rights that cannot be excluded under applicable consumer protection law.

When automatic delivery is disabled or its required consent is not valid, the Stage 3 release path requires your chosen guardians to affirmatively complete a guided verification attestation before any eligible private content proceeds toward delivery. In that configuration, this affirmative-attestation step is a deliberate safeguard designed to favor not sending over sending in error. As a consequence you accept, if your guardians do not respond, decline, or do not complete the attestation, and your K-of-N confirmation threshold is therefore not met by the Stage 3 deadline, your eligible private content may be delayed or may never be delivered when automatic delivery is disabled or its required consent is not valid. In that configuration the cascade is routed to MANUAL REVIEW, where an operator may dismiss the case or authorize the cascade to proceed into the Pre-Delivery final undo window as disclosed above. If automatic delivery is enabled with valid consent, the cascade instead proceeds automatically to that same Pre-Delivery final undo window without meeting the guardian threshold or receiving operator review, and may then deliver your active messages and Life Story chapters selected for recipients if you do not cancel during that window. You accept these risks.

19. Recipient Access

20. Pre-Delivery Undo Window

When a cascade enters the Pre-Delivery stage, a final cancel email is sent to your registered email address. This email contains a two-step confirmation link — you must click the link and then confirm cancellation on a web page. This two-step process is designed to prevent email prefetching tools and link scanners from accidentally triggering cancellation. Sharing may begin after the initial grace period. The link remains available for a limited time afterward to stop content not yet sent, but it cannot recall content already delivered. An operator-authorized MANUAL REVIEW case, when no current owner stop request blocks it, enters this same Pre-Delivery undo window: you receive the same final cancel email and grace period before any content is delivered.

21. Service Continuity

Data Portability

You may request an export of your LastFlare data (message content, recipient/guardian lists, delivery logs, and account settings) at any time via the in-app data export feature. Exports will be provided in a structured, machine-readable format (JSON or CSV) within 30 days of request. This right is provided in accordance with applicable data protection law, including the GDPR, UK GDPR, and the California Consumer Privacy Act.

22. Force Majeure

LastFlare shall not be liable for any failure or delay in performance due to events beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications failures, power outages, pandemics, or acts of terrorism.

23. General Provisions

Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and Nimbus Foundry, LLC regarding your use of LastFlare, and supersede all prior agreements and understandings.

Assignment

Nimbus Foundry, LLC may assign this agreement in connection with an acquisition, merger, or restructuring. You may not assign or transfer your rights or obligations under these terms without our prior written consent.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by Nimbus Foundry, LLC.

Legal Notices

Formal legal notices should be sent to: Nimbus Foundry, LLC, 7345 W Sand Lake Rd, Ste 210, Office 3903, Orlando, FL 32819, United States. Nimbus Foundry, LLC is a Wyoming limited liability company. The Wyoming formation was chosen for legal and tax considerations; the principal business address is in Orlando, Florida.

24. International Users

LastFlare is operated from the United States. If you access the service from outside the United States, you are responsible for compliance with your local laws. The inactivity-triggered delivery mechanics and automated private-content delivery features of LastFlare may be subject to additional regulation in certain jurisdictions. It is your responsibility to determine whether your use of LastFlare complies with applicable local, national, and international laws.

25. 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.

26. App Store Terms

(a) Apple App Store

If you downloaded LastFlare from the Apple App Store, this section applies. Apple's Standard End User License Agreement (EULA) governs your license to and use of the LastFlare app. These Terms separately govern your LastFlare account, subscriptions, content, and use of services provided by Nimbus Foundry, LLC; they do not replace Apple's Standard EULA. Nimbus Foundry, LLC, not Apple, is responsible for the LastFlare service and its content under these Terms. Apple is not a party to these Terms. You must comply with applicable third-party terms when using LastFlare. Nimbus Foundry, LLC contact for complaints: [email protected]; Nimbus Foundry, LLC, 7345 W Sand Lake Rd, Ste 210, Office 3903, Orlando, FL 32819, United States.

(b) Google Play

If you downloaded LastFlare from the Google Play Store, billing and refund disputes are governed by Google Play's Terms of Service. Nimbus Foundry, LLC, not Google, is responsible for LastFlare and its content.

27. Copyright / DMCA Policy

Nimbus Foundry, LLC respects intellectual property rights. If you believe that material stored on LastFlare infringes your copyright, you may submit a notice to our designated DMCA agent: Copyright Agent, Nimbus Foundry, LLC, 7345 W Sand Lake Rd, Ste 210, Office 3903, Orlando, FL 32819, USA; Telephone: +1 (307) 225-7365; Email: [email protected]. Your notice must include: (i) identification of the copyrighted work; (ii) identification of the allegedly infringing material and its location in the service; (iii) your contact information; (iv) a statement of good faith belief; (v) a statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized to act on their behalf; and (vi) your physical or electronic signature. Nimbus Foundry, LLC will terminate the accounts of users who are repeat copyright infringers in appropriate circumstances.

28. Contact

Email: [email protected]

Nimbus Foundry, LLC

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