General Terms of Use

Last updated: May 2, 2026

Preamble

These General Terms of Use (hereinafter referred to as "ToU") define the terms and conditions under which the independent publisher of the application (hereinafter "We" or "the Publisher", as identified in the Legal Notice) provides the ImAlive service (hereinafter "the Service" or "the Application") to its users (hereinafter "the User" or "You").

Any registration, account creation, or use of the ImAlive Application implies the User's full and unreserved acceptance of these ToU.

1. Purpose of the Service

ImAlive is a mobile application and web platform designed to allow the User to securely record and store digital messages (texts, photos, audio files, videos, sketches, and documents) intended for transmission to pre-identified beneficiaries (the "Loved Ones") in the event that the User fails to provide a "Proof of Life" at the end of a predefined period (the "Validation Period").

2. Access and Registration

2.1. Legal Capacity and Minimum Age

The Service is available to any natural person aged at least 13 years.

2.2. Account Creation

To access the Service, the User must create an account by providing their first and last name, along with a valid email address. Registration can be completed via an email/password combination or through third-party authentication services (Google, Apple, or Facebook). Connection identifiers are strictly personal and confidential.

3. Data Confidentiality

The Publisher guarantees the confidentiality of your messages through rigorous security measures. No access or human reading of your stored messages and media is performed by the Publisher. Your memories remain your exclusive property. To learn more about the processing and security of your data, please consult our Privacy Policy.

4. Operation of the ImAlive Service

4.1. Activating the Session

The Service only becomes "active" when the User decides to transfer their data to our secure servers by clicking the "Start" button.

4.2. Proof of Life

It is the User's sole responsibility to provide their Proof of Life before the deadline expires. Clicking the "I am alive" button results in the immediate and permanent destruction of all transmission data stored on our servers for the current session.

4.3. Absence of Proof of Life

If no Proof of Life is recorded before the allotted time, the automated process of sending access links to the designated Loved Ones will be triggered immediately.

4.4. Acceptance of Responsibility and Engagement

The User assumes full and exclusive responsibility for activating the Service and the consequences of transmitting links to their Loved Ones. The User releases the Publisher from any liability in the event of a transmission triggered by:

• An oversight or failure to confirm or access the Service on their part;
• A lack of internet connection or technical malfunction on the User's personal device;
• A physical, mental, or medical incapacity (accident, coma, hospitalization, etc.) preventing them from providing a proof of life;
• Any force majeure or unpredictable circumstance that prevented validation before the deadline.

Proof of Operation and Logs: The User acknowledges that the technical records and system logs generated by the Publisher's servers shall constitute exclusive and irrefutable proof between the parties. In the event of a dispute regarding the attempt to send a notification, access to the interface, or the general operation of the Application, only the data from our technical servers shall be admitted to prove the operating status of the Service, to the exclusion of any declaration or element provided by the User.

4.5. Confirmation Channels

The User has two independent methods to provide their Proof of Life: via the ImAlive mobile Application or via the Website (imalive.app). It is the User's responsibility to ensure they can access one of these interfaces before the fateful date.

4.6. Deliverability Limits (Email and Spam)

While the Publisher uses professional messaging services (Brevo.com) to ensure the delivery of access links, successful receipt by Loved Ones cannot be absolutely guaranteed. The Publisher declines any responsibility in case of non-receipt due to:

• The entry of an incorrect, obsolete, or invalid email address by the User;
• Filtering by anti-spam systems or firewalls of the recipient's email provider;
• A full, inactive, or inaccessible inbox on the recipient's side.

4.7. Transmission Optimization

Although this process is purely optional, it is strongly advised that the User inform their Loved Ones of their initiative beforehand to prevent the transmission email from being ignored or deleted. In this regard:

• The User should inform their Loved Ones of their registration and ask them to white-list the ImAlive.app domain.
• Double Notification (Push): For maximum security, Loved Ones are strongly encouraged to create their own account on the ImAlive Application using the exact email address provided by the User. This allows for direct Push notifications to be sent to their device in addition to the automated email.

5. Subscriptions and Plans

The User acknowledges that in the event of using or switching to a Free plan (FREE), the transmission capabilities on our secure servers are limited to the items permitted under this plan. Although all your data remains stored locally on your device, only the following items will actually be transferred and transmitted to your Loved Ones in the absence of a Proof of Life:

• 2 Loved Ones maximum will be notified;
• 2 text messages maximum will be transmitted;
• 2 photos maximum will be transmitted;
• 1 voice message (30s) maximum will be transmitted;
• All other media (videos, sketches, PDF safe documents) and content exceeding these limits will not be transferred or transmitted.

5.2. Storage and Backup Responsibility

The User is solely responsible for the preservation of their content. ImAlive prioritizes privacy: your content is stored exclusively on your device and is never transferred to our servers until the ImAlive transmission process is activated.

Application updates installed from the official stores (App Store, Google Play) do not, in ordinary use, delete data stored locally on your device. By contrast, when you uninstall the Application, reinstall it after an uninstall, or clear the Application’s data or its reserved storage through your operating system settings, local storage is generally erased irreversibly by the system; the Publisher cannot then restore content that was never transferred to its servers (prior to activation of the ImAlive transmission process).

Consequently:

• If your device is lost, stolen, damaged, or reset, the Publisher will be unable to provide a copy of your data.
• Uninstalling the Application, reinstalling it after uninstallation, or clearing the Application’s data from system settings generally result in the permanent loss of content held solely in local storage on the device, with no possibility of recovery from the Publisher.
• The Publisher cannot be held responsible for the loss of content for any reason whatsoever (hardware failure, loss of phone, etc.).
• Users are strongly advised to perform regular backups using the export functions available in the application.

5.3. Premium Plans

• One-Time Purchase: A single and final payment that exempts the User from any recurring payments for the entire commercial life of the ImAlive Service. This plan guarantees permanent and unlimited access as long as the Service is maintained.
• Monthly Subscription: Access via monthly recurring payments, with no commitment duration and cancelable at any time by the User from their account settings on the app stores (App Store or Google Play).
• Annual Subscription: Access via annual recurring payments (with automatic renewal each year), with no commitment beyond the subscribed period and cancelable at any time by the User from their account settings on the app stores (App Store or Google Play).

5.4. Continuity and End of Service

The Publisher commits to every effort to ensure the Service's longevity. Should the Publisher decide to cease operations, it commits to:

1. Inform the User by email with a minimum of 6 months' notice.
2. Ensure the completion of any transmission process already activated at the time of the announcement.

6. Content Responsibility and Warranty

Consequently, the User agrees to indemnify and hold the Publisher harmless against any action, complaint, claim, or condemnation emanating from a third party or public authority related to the content of their messages. The User shall bear all costs, attorney fees, and damages that could result for the Publisher, the latter being completely released from any liability related to the legal consequences of transmitting the messages.

7. Availability and Technical Limits

The Publisher strives for 24/7 availability but cannot guarantee uninterrupted access in cases of scheduled maintenance, third-party infrastructure failure, or force majeure.

The Service is provided "as is" based on current technological capabilities. The Publisher is subject to an obligation of means. In any case, if the Publisher's liability were to be engaged under the execution of these ToU or the operation of the Service, the total amount of indemnities or damages placed at their charge shall not exceed the sums actually received by the Publisher from the concerned User during the twelve (12) months preceding the event giving rise to the damage.

8. Emotional Impact

The User acknowledges that transmitting final memories is a sensitive undertaking. The Publisher declines any responsibility for the emotional or psychological impact that receiving such messages may have on the recipients.

9. Modifications of the ToU

The Publisher reserves the right to modify these ToU at any time to adapt them to developments in the Service or legislation. The User is invited to consult this page regularly. Continued use of the Service after modification of the ToU constitutes acceptance of the new conditions.

10. Absence of Legal or Estate Standing

The Publisher declines all liability regarding the interpretation, legal validity, or use that Loved Ones or third parties might make of the transmitted messages and documents. In no case can the Service be used to modify or supplant legal estate dispositions. The Publisher shall not be involved, requested, or held liable in connection with inheritance disputes or family litigations before the courts. For any legal disposition, the User must contact a qualified professional (notary, attorney).

11. Intellectual Property

The Application, its code, design, and brand are the exclusive property of the Publisher. Unauthorized reproduction is strictly prohibited. The User retains full intellectual property rights over the content they store.

12. Personal Data and GDPR

Data collection is strictly limited to what is necessary for the Service and is processed in full compliance with the GDPR. Users retain the right to access, rectify, or delete their profile data at any time. For more details on the processing of their data, the User is invited to consult the Privacy Policy of the Service.

13. Applicable Law and Dispute Resolution

These ToU are governed by the laws of the Publisher's country of residence. In the event of a dispute relating to the interpretation, validity, or execution hereof, the User and the Publisher agree to seek an amicable solution in good faith. Failing an amicable agreement, the courts within the jurisdiction of the Publisher's registered office shall have exclusive competence.

14. Financial Conditions and Withdrawal Right

Right of Withdrawal: In accordance with European legislation on the supply of digital content and services, the User expressly agrees that the execution of the benefits linked to the Premium plan begins immediately after payment validation. Consequently, the User expressly waives their right of withdrawal.

15. Contact

For any legal inquiries, personal data requests (GDPR), or claims, the User may contact the Publisher at any time via the support form in the Application, on the Website (https://imalive.app) or by email at the following address: contact@imalive.app.