Terms of Service

Last Updated: December 8, 2024

Agreement to Terms 

These Terms of Service ("Terms") govern your access to and use of the Next of Kin Plan platform ("Service," "Platform," "NOKP") operated by Next of Kin Plan LLC ("we," "us," "our"). By accessing or using the Service, you agree to be bound by these Terms.

 
IMPORTANT: Next of Kin Plan is an organizational tool for estate readiness. We do not provide legal, financial, tax, or estate planning advice. The Platform helps you organize and store information; it does not create legal documents or replace professional estate planning services.

1. Service Description
Next of Kin Plan provides a secure digital platform for organizing critical family information across eight areas: Financial, Medical, Insurance, Property, Household Bills, Funeral Planning, Personal Messages, and Legal Documents. The Service is designed to help families be prepared for emergencies and transitions by centralizing important information in one secure location.
What We Do:
• Provide secure storage for your documents and information
• Organize information across specialized vault areas
• Enable emergency access for designated family members
• Offer reminders and organizational tools
What We Don't Do:
• Create legal documents or estate plans
• Provide legal, financial, or tax advice
• Replace attorneys, financial advisors, or other professionals
• Guarantee legal validity of any documents you upload

2. Account Registration
To use the Service, you must:
• Be at least 18 years of age
• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
You are responsible for all activities under your account. Do not share your login credentials with anyone except designated emergency contacts you've authorized within the Platform.

3. Subscription Plans and Pricing
Available Plans:
• Complete Plan: $99 yearly
All prices are in USD and subject to change with 30 days' notice to existing subscribers.

B2B Partnership Programs:
Professional partners (attorneys, financial advisors, etc.) may offer free 30-day pilot access to their clients. Terms of such arrangements are between you, the professional, and NOKP.

4. Payment and Billing
• Payment is required at the time of purchase
• We accept major credit cards and other payment methods as displayed
• All sales are final unless otherwise specified in Section 5
• Failed payments may result in service suspension
• You authorize us to charge your payment method for all fees incurred

5. Refunds and Cancellations
Refund Policy:
• 30-day money-back guarantee for all paid plans
• Refund requests must be submitted via email to support@nextofkinplan.com
• Refunds processed within 7-10 business days
• After 30 days, all sales are final
Account Cancellation:
• You may cancel your account at any time
• Upon cancellation, you have 90 days to download your data
• After 90 days, all data will be permanently deleted
• No refunds for cancellations after the 30-day period

6. Your Content and Data
Ownership:
You retain all ownership rights to the content and information you upload to the Platform ("Your Content"). We claim no ownership over Your Content.
License to NOKP:
By uploading Content, you grant us a limited license to:
• Store and secure Your Content
• Display Your Content to you and authorized users you designate
• Backup Your Content for disaster recovery
• Process Your Content to provide the Service
This license terminates when you delete Your Content or close your account.
Your Responsibilities:
You are solely responsible for:
• The accuracy and completeness of Your Content
• Ensuring you have the right to upload Your Content
• Any legal documents you choose to store with us
• Determining who should have emergency access to Your Content
• Maintaining copies of important documents outside the Platform
Prohibited Content:
You may not upload:
• Content that violates any law
• Content that infringes others' intellectual property rights
• Malware, viruses, or harmful code
• Content that violates others' privacy rights

 
7. File Storage Limits
• Maximum file size: 10MB per file
• Storage limits vary by plan tier
• We reserve the right to remove files exceeding limits
• Compressed archives (.zip) are acceptable if under 10MB


8. Privacy and Security
We take security seriously and employ industry-standard measures to protect your data:
• All sensitive data stored in encrypted databases (Supabase)
• Documents stored in secure cloud storage (AWS S3)
• SSL/TLS encryption for all data transmission
• Regular security audits and updates
See our separate Privacy Policy for details on how we collect, use, and protect your information.

9. Emergency Access
You may designate family members or trusted individuals for emergency access to your vaults. You understand that:
• You control who has access and what they can see
• Emergency contacts you designate can view assigned information
• You are responsible for keeping emergency contact information current
• We are not responsible for disputes regarding emergency access

 
10. Professional Partnerships
If you access NOKP through a professional partner (attorney, financial advisor, etc.):
• The professional does not have access to your vault contents unless you explicitly grant it
• Your relationship with the professional is separate from your relationship with NOKP
• We are not responsible for the professional's advice or services
• Partnership terms may include trial periods or special pricing

11. No Professional Advice
CRITICAL DISCLAIMER:
Next of Kin Plan is a tool for organizing information. We do not:
• Provide legal, financial, tax, or medical advice
• Create legally binding documents
• Review documents for legal validity
• Recommend specific estate planning strategies
• Act as your attorney, financial advisor, or fiduciary
Always consult with licensed professionals for:
• Estate planning and legal documents
• Financial planning and investment advice
• Tax planning and preparation
• Medical directives and healthcare decisions

12. Service Availability
We strive for 99.9% uptime but cannot guarantee uninterrupted service. The Service is provided "AS IS" and "AS AVAILABLE." We reserve the right to:
• Modify or discontinue features with notice
• Perform maintenance that may temporarily affect access
• Update the Platform to improve functionality
We are not liable for service interruptions, though we will work to restore service promptly.

13. Intellectual Property
The Platform, including its design, features, and functionality, is owned by Next of Kin Plan LLC and protected by copyright, trademark, and other intellectual property laws. You may not:
• Copy, modify, or reverse engineer the Platform
• Use our trademarks without permission
• Create derivative works based on the Platform
• Remove copyright or proprietary notices

14. Links to Third-Party Sites
The Platform may contain links to third-party websites or services (e.g., legal form providers, financial institutions). We:
• Do not control or endorse these third parties
• Are not responsible for their content or practices
• Recommend reviewing their terms and privacy policies
• Are not liable for any issues arising from your use of third-party services

15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Next of Kin Plan and its officers, directors, employees, and partners shall not be liable for:
• Loss of data or documents
• Inability to access the Service during emergencies
• Decisions made based on information stored in the Platform
• Disputes with family members regarding access or content
• Any indirect, incidental, special, or consequential damages
Your sole remedy for dissatisfaction with the Service is to stop using it and close your account.
Some jurisdictions do not allow limitation of liability for certain damages, so these limitations may not apply to you.

16. Indemnification
You agree to indemnify and hold harmless Next of Kin Plan from any claims, damages, losses, or expenses (including attorney fees) arising from:
• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you upload to the Platform

17. Termination
We May Terminate:
We reserve the right to suspend or terminate your account if you:
• Violate these Terms
• Engage in fraudulent activity
• Upload prohibited content
• Fail to pay required fees
• Use the Service in ways that harm others or the Platform
You May Terminate:
You may close your account at any time through your account settings or by contacting support.
Effect of Termination:
• Your access to the Service will immediately cease
• You have 90 days to download your data
• After 90 days, all data will be permanently deleted
• Fees paid are non-refundable except as stated in Section 5

'18. Dispute Resolution
Governing Law:
These Terms are governed by the laws of the State of Florida without regard to conflict of law provisions.
Informal Resolution:
Before filing any legal action, you agree to contact us at support@nextofkinplan.com to attempt to resolve the dispute informally for at least 30 days.
Arbitration:
Any disputes not resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, rather than in court, except you may assert claims in small claims court if they qualify.
Class Action Waiver:
You agree to resolve disputes with us on an individual basis and waive any right to participate in class actions.

19. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes by:
• Email to your registered address
• Notice on the Platform
• At least 30 days before changes take effect
Continued use of the Service after changes constitutes acceptance of the new Terms. If you don't agree with the changes, you must stop using the Service and close your account.

20. Miscellaneous
Entire Agreement:
These Terms constitute the entire agreement between you and Next of Kin Plan regarding the Service.
Severability:
If any provision is found unenforceable, the remaining provisions will remain in effect.
No Waiver:
Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
Assignment:
You may not assign these Terms without our consent. We may assign these Terms without restriction.
Force Majeure:
We are not liable for delays or failures due to circumstances beyond our reasonable control.

21. Contact Information
For questions about these Terms:
Email: support@nextofkinplan.com
Website: www.nextofkinplan.com

By using Next of Kin Plan, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.