Terms of Use

1. Subject Matter of the Contract; Scope

  1. Userwill GmbH (contact details see Imprint, hereinafter „Userwill“) offers consumers in accordance with § 13 BGB (hereinafter „users“) services in the field of managing digital legacies as well as access to and use of the Userwill platform as Software-as-a-Service via the Internet.
  2. These General Terms of Use (GTU) apply to all users from their first access to the Userwill platform. These GTU are supplemented by the Privacy Policy and the other content linked in these GTU in their respective current version.
  3. On the Userwill platform, registered users have the opportunity within the scope of „Userwill Basic“ to,
    • leave instructions and wishes on how to deal with the online accounts they use (social media, streaming services, cloud storage, other service providers, see Supported Platforms) in the event of their death (PDF version for passing on to relatives)
    • and to report other Userwill users as deceased.
  4. Users who subscribe to a paid subscription („Userwill Care“) also have the option of commissioning Userwill to execute these instructions and wishes in the event of their death. The services included in „Userwill Care“ in the field of managing digital legacies particularly include the following services:
    • Providing an opportunity to deposit information on how to handle specific online accounts in the event of the user's death,
    • Issuance of a Userwill Card including an authorization ID to registered users for passing on to one or more trusted persons who can inform Userwill about the death of the user and initiate the processes of digital legacy management,
    • Reporting the death of an online account holder to platforms and service providers by Userwill in order to have this online account deleted or put into memorial status.

2. Registration; Obligations of the Users

  1. Users who want to use the services mentioned under number 1 have the opportunity to create a user account on the Userwill platform and - for the services included in „Userwill Care“ - to subscribe to a paid subscription in order to deposit their wishes for the handling of their online accounts after their death and to have them executed by Userwill.
  2. To set up a „Userwill Basic“ user account, users enter into a user agreement with Userwill by entering their email address and a self-chosen password as well as other mandatory information into the fields provided, sending it via the „Sign Up“ button, and confirming their email address by clicking the registration link in the email sent by Userwill. The registration is completed with the confirmation of the link.
  3. When registering, users must also enter a mobile phone number in order to set up 2-factor authentication. Each time they log in, users receive an SMS with a code with which they confirm their registration.
  4. The user contract is concluded for an indefinite period and begins with the conclusion of the contract in accordance to clause 2.2. The language available for the conclusion of the contract is German.
  5. There is no entitlement to admission to use the Userwill platform.
  6. Users undertake to
    • treat their access data confidentially and to use it exclusively for themselves;
    • refrain from unlawful acts and misuse of the access options on the Userwill platform;
    • continuously check and update their data for factual accuracy;
    • pass on their Userwill Card only to trustworthy persons who will also comply with the aforementioned provision.
  7. Furthermore, users undertake to only deposit their own online accounts on the Userwill platform. Shared online accounts or online accounts of third parties that are used by users with or without their consent may not be deposited.

3. Depositing Information on the Handling of Online Accounts, Requesting and Handing Over the Userwill Card, Granting a Post-Mortem Power of Attorney

  1. After successful registration, users have the opportunity to link their online accounts and specify wishes for the handling of the online accounts (deletion, memorial state). In „Userwill Basic“, users can summarise these wishes in a PDF file to pass on to their relatives.
  2. In order for Userwill to execute the user's wishes, the subscription of „Userwill Care“, the verification of the user's identity, and the granting of a post-mortem power of attorney from the user to Userwill are required.
  3. The verification of the user's identity is handled online by a service provider commissioned by Userwill. An official identity card, driver's licence or passport of the user is required for verification.
  4. To grant the post-mortem power of attorney, Userwill provides users with a template on the platform. The user must fill out, sign, and then deposit the template in their account.
  5. Furthermore, users will receive five (5) Userwill Cards when they subscribe to „Userwill Care“ for the first time. The Userwill Cards will be sent to users by post within approximately 3 working days.
  6. The Userwill Card contains the Userwill ID of the user. Users can give the Userwill Card to their relatives or keep it themselves. It is recommended to give the Userwill Card to at least one relative.
  7. In case of loss of the Userwill Card, users can contact .
  8. „Relatives“ in the sense of these GTU refers to all persons who, due to legal succession or the user's will, come into possession of the death certificate after the user's death, and are thus put in a position to trigger the procedure according to number 5 of this agreement.

4. Userwill Care, Payment

  1. The services offered as „Userwill Care“ are subject to a fee according to the current price list of Userwill. The conclusion of the contract for chargeable services comes about when the registered user selects the subscription and is directed to the website of a service provider commissioned by Userwill; the process is only completed when the user clicks on the „Subscribe“ button. The user will then receive an order and contract confirmation to the e-mail address provided during registration.
  2. Payment can be made by credit card, SEPA direct debit and PayPal. In addition, Apple Pay and Google Pay are available on compatible end devices. The payment is processed by the service provider Stripe Inc. commissioned by Userwill.
  3. When purchasing a subscription, the remuneration is collected in advance for the respective minimum contract period at the time the contract is concluded. If the subscription is automatically renewed, the fee will be collected at the beginning of the respective renewal period.
  4. All prices listed in the price list are inclusive of the respective value added tax applicable in Germany.

5. Notification of a User's Death

  1. In the event of the death of a user, the relatives who are in possession of the Userwill Card and are themselves registered users of Userwill have the opportunity to initiate the process of digital legacy management with the Userwill ID and commission Userwill to notify the providers of the linked online accounts about the deceased user's stored will.
  2. To do this, the relative first enters the Userwill ID into the designated input field or scans the QR Code on the Userwill Card.
  3. To prevent misuse, verification of the user's identity is required. This is done online via a service provider commissioned by Userwill. Verification requires an official identification card, driving license or passport of the user.
  4. Users then upload the death certificate of the deceased user into the designated form on the Userwill platform. The Userwill platform supports the formats .pdf, .jpeg, and .png. Userwill then checks whether the death certificate meets the requirements of the providers of the online accounts (in particular, is readable) and initiates the procedure for executing the user's wishes regarding the handling of the linked online accounts. Userwill does not carry out a legal review of the death certificate.

6. Changes to the Range of Services

Userwill reserves the right to adapt, change, or temporarily or permanently discontinue the Userwill platform, especially the offering of included online accounts, at any time. This is particularly the case when, due to changed legal, technical, or factual conditions, the operation of the Userwill platform or individual services is no longer possible.

7. Right of Withdrawal

Users have a right of withdrawal in accordance with legal provisions. The Withdrawal Policy as well as the Model Withdrawal Form are available in the public area of the Userwill platform.

8. Guarantee of Service Functionality

  1. Userwill will maintain and update the Userwill platform with due care and provide the services with due diligence.
  2. The Userwill platform is generally provided with characteristics, including functionality, compatibility, accessibility, continuity, and security, that are typical of digital products of the same kind and that users can expect considering the nature of the digital product. In particular, during maintenance work, access to the Userwill platform may not be possible for a short time and services may not be available. Regular maintenance work takes place outside of core business hours (Monday to Friday 08:00 to 18:00 CET).
  3. Userwill does not guarantee the successful execution of the users' wishes. In particular, the success of the execution of the wishes also depends on the actions of third parties, in particular relatives and providers of online accounts. Especially when the relative does not properly transmit the death certificate or is not in possession of a valid Userwill Card, Userwill cannot initiate the execution of the users' wishes.

9. Liability

  1. Userwill is fully liable for intentional acts and gross negligence.
  2. In the event of slight negligence caused by Userwill or Userwill's legal representatives or vicarious agents in the course of using the Userwill platform and providing the services, the liability towards users is limited to the foreseeable, typical, direct average damage.
  3. Otherwise, liability is excluded.
  4. The aforementioned limitations and exclusions of liability do not affect any possible claims of users against Userwill under product liability law. Furthermore, the liability limitations do not apply to bodily and health damage attributable to Userwill.

10. Contract Term, Termination and Deletion of the Userwill Account

  1. The user contract concluded with registration runs indefinitely. Users have the right to delete their user account at any time and without giving reasons, thereby also terminating the user contract.
  2. The initial contract term of one of „Userwill Care“ results from the Userwill price list. The subscriptions each extend for the renewal period specified in the price list if they are not cancelled before the end of the initial contract term or before the end of a renewal period or if the relatives of the user inform Userwill about the death of the user.
  3. Users can cancel their subscription at any time without giving any reason, with effect from the end of the contract term or the respective renewal period, by making the appropriate setting in their user profile. Alternatively, users can also declare their termination by e-mail to or by post to the address given in the Imprint.
  4. The right of both parties to cancel the subscription for an important reason without observing a notice period remains unaffected.
  5. After the cancellation of „Userwill Care“, the user profile remains in „Userwill Basic“ until the user deletes it.

11. Data Protection

  1. Userwill has taken comprehensive technical and organizational precautions to ensure the confidential and solely purpose-related handling of data. However, misuse by illegal actions of third parties cannot be completely excluded.
  2. Userwill undertakes to only use the data stored during registration and usage for its own purposes and not to pass it on to external third parties, unless there is a legally ordered obligation to do so, or the user has expressly given consent, e.g., by explicitly activating a button. This regulation on the handling of data is specified and supplemented by the Privacy Policy. The Privacy Policy in particular regulates and informs about the extent to which personal data is made accessible to third parties.
  3. Userwill undertakes to obligate employees who are entrusted with the administration and/or operation of the Userwill platform to strictly comply with data protection regulations.
  4. Insofar as the user posts personal data of other people, the user assures that they are authorized to do so. The user is obliged to inform the affected person about the transmission of their personal data.

12. General Provisions

  1. If any provision or part of a provision of these GTU or its annexes is or becomes invalid or unenforceable, this shall not affect the validity of the remaining provisions of these GTU. Userwill and the users shall be obliged to replace the invalid or unenforceable provision with a valid and enforceable provision that is equivalent in terms of its economic effect, provided that this does not result in any significant change to the content of these GTU or its appendices.
  2. Contracts between Userwill and the user shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the user has their habitual residence as a consumer, shall remain unaffected.
  3. In case of doubt, the German text of these GTU and its components shall take precedence over translations into other languages.
  4. The invalidity of one or more provisions of these GTU shall not affect the validity of the rest of the GTU.
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