Legacy Receiver Terms

The binding version of the Legacy Receiver Terms is the version presented to you and recorded at the moment of your acceptance, which occurs at final receipt of documents from a Legacy Vault. This page is a reference copy of that operative text, version v2, reproduced word-for-word for your review at any time. If you have accepted these terms, the exact text you accepted (with its version and timestamp) is preserved in the claim record.

Accepted by clickwrap at final receipt only. Claim-open takes only a thin "Claim Attestation" — truthful identity + sworn death attestation + consent to process communications — containing NO arbitration, cap, or waiver.

Qpher will use reasonable efforts to make the vault owner's designated documents available to you if, and only as, the owner's release policy completes. Qpher does not guarantee that any particular document will be delivered to you, or that any document you receive can be opened. What you receive, and whether you receive anything, depends on the owner's policy and on choices the owner made and could change at any time while alive — including which documents were selected, who was designated, and how those documents were encrypted on the owner's own device. Qpher gives no warranty, express or implied, as to delivery, or as to the contents, accuracy, completeness, or legal effect of any document. To open documents released to you, you will need an iPhone and the free Qpher Legacy app, currently on the US App Store, signed in with the email address the owner designated; documents can only be decrypted on your own device, and there is no web download. After a release completes, Qpher keeps that release collectable by you for at least 24 months, and will notify every contact it has on record 90, 30, and 7 days before that period ends. When it ends, the links Qpher sent you stop working and any released document you have not yet accepted is no longer available to you through Qpher; documents you have already accepted remain in your own Qpher Legacy account. If you cannot install the app, or you have lost the link Qpher sent you, email support@qpher.ai and tell us.

Any dispute between you and Qpher arising out of or relating to the Legacy service, a claim on a Legacy Vault, or documents received through it, shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs this Section. Qpher will pay all arbitration fees other than the consumer filing fee capped by the AAA Consumer Rules. Arbitration will be conducted in your county of residence or remotely, at your election.

Either party may instead bring an individual claim in small-claims court in your county of residence, and may remove an arbitration to small-claims court if the claim qualifies.

Nothing in these Terms waives your right, if you are a California resident (or where law otherwise so provides), to seek public injunctive relief in court; any claim for public injunctive relief is severed and stayed pending arbitration of all other claims.

If 25 or more similar demands are filed by or with the coordination of the same or related counsel, the AAA Mass Arbitration Supplementary Rules (including their fee schedule) apply as written. Nothing in this Section limits any remedy or delays a filed demand except as those Rules provide.

You may opt out of Sections R-1 and R-7 (arbitration and class waiver) by emailing legal@qpher.ai within 30 days of first accepting these Terms, stating your name and the claim reference. Opting out does not affect your claim, your receipt of documents, or any other Term.

Qpher's total liability to you arising out of the Legacy service is capped at US$10,000. This cap does not apply to: (a) willful misconduct; (b) gross negligence; (c) fraud or fraudulent misrepresentation; or (d) any liability that cannot be limited under applicable law.

Disputes will be arbitrated only on an individual basis; class, collective, and representative proceedings are waived. This waiver does not apply to public injunctive relief (R-3) or to any claim for which such waiver is prohibited by law.

If any provision of R-1 through R-7 is found unenforceable, it shall be severed and the remainder enforced, except: (a) if R-7 is held unenforceable as to a claim, that claim (and only that claim) proceeds in court, and R-1 remains enforceable for all other claims; (b) a finding that R-4 is unenforceable severs R-4 alone and does not affect R-1. No finding as to any single clause shall render the arbitration agreement as a whole unenforceable if it can be enforced without the offending clause.

If you accept these Terms as a parent or legal guardian of the person the vault owner designated, rather than for yourself, you represent that you are that person's parent or legal guardian, and you accept these Terms both in your own name and on that person's behalf, to the extent permitted by applicable law. Nothing in this Section enlarges what applicable law permits a parent or guardian to agree to on another person's behalf, and nothing in this Section affects any right that person may have under applicable law to disaffirm, including any right arising from their being a minor. If this Section is held unenforceable, it is severed and the remainder of these Terms is enforced.