General terms and conditions of sale
General Terms of Use in force as of 10/17/2024
The purpose of these general terms of use (known as "GTU") is to provide a legal framework for the terms and conditions for making the site and services available by Myafter and to define the conditions of access and use of the services by the "User".
These GTU are accessible on the site under the "GTU" section.
Any registration or use of the site implies acceptance without any reservation or restriction of these GTU by the user. When registering on the site via the Registration Form, each user expressly accepts these GTU by checking the box preceding the following text: "I acknowledge having read and understood the GTU and I accept them".
In the event of non-acceptance of the GTU stipulated in this contract, the User must waive access to the services offered by the site.
The Myafter entity reserves the right to unilaterally modify the content of these T&Cs at any time
1. Description du service www.myafterme.com
A. Definitions :
User : this term refers to any person who uses the site or application or one of the services offered by the site or application.
User content : this is the data transmitted by the User within the site.
Capsule : space offered to a User to download content in order to transmit information to third parties following their death.
Trusted person : natural person holding one of the three keys allowing the unlocking of a person's capsule following their death.
B. Features of the site and the application :
The site offers the User a collection and processing of personal information in compliance with privacy in accordance with law n°78-17 of January 6, 1978 relating to information technology, files and freedoms.
Under the Data Protection Act, dated January 6, 1978, the User has a right to access, rectify, delete and oppose his personal data. The User exercises this right by email to the email address : contact@myafterme.com
Myafterme is a service that allows the transmission, to trusted persons, of data or information regarding his wishes concerning his funeral.
The transmission of this information must be done in accordance with the Law of November 15, 1887 on the freedom of funerals and its version in force on October 17, 2024
Photos, videos, texts or even music may be offered to help organize the funeral by loved ones in the event of death.
This is an aid to the preparation of the funeral, in no case an obligation binding third parties or structures.
This is in no case a will with legal value, the data transmitted only has a value of moral orientation towards trusted persons.
In the event of a desire for patrimonial, inheritance or legal transmission, the User must not use the Myafterme platform but seek information from professionals.
C. The User :
The User must :
Be a natural person and
Be of legal age (18 years old in France) and
Reside in France and
Accept the General Terms and Conditions of Use of Myafterme
The non-member User does not have access to the reserved services. To do so, he must register by completing the form. By agreeing to register for the reserved services, the member User agrees to provide sincere and accurate information concerning his civil status and contact details, including his email address.
D. The trusted person :
The trusted persons are the people designated by the User to unlock the capsule following the User's death.
The trusted persons must :
Be natural persons and
Be of legal age (18 years old in France) and
Reside in France and
Accept the General Terms and Conditions of Use of Myafterme
E. Operation :
The User must register three trusted persons, and the trusted persons must accept the User's invitation for the account to be functional.
The registration of the trusted person is free. The trusted person then accepts the general conditions of use of the website or application.
The trusted persons may at any time refuse the User's request to be a trusted person. The User must then designate a new trusted person and this person must accept the role of trusted person. Otherwise, the User's account will not be functional.
By designating trusted persons, the User accepts that after his death, or the validation of the three keys, Myafterme allows the capsule to be downloaded only to trusted persons. The trusted persons are solely responsible for the use of the data transmitted.
Each trusted person undertakes, following the death of the User and only following the death of the User, to unlock his key.
When the three keys, and only if the three keys, are unlocked over a continuous period of seven days, the trusted persons access the full contents of the capsule.
Each time a key is unlocked, an email will be sent to the address registered on the User's account.
The content of the capsule will remain downloadable only by trusted persons for thirty days after unlocking.
At the end of the thirty days after unlocking the capsule, the User's account will be permanently deleted even if no download has been made.
The capsule may also be unlocked :
If trusted persons have not already done so
And upon presentation of a death certificate
And at the request of a beneficiary.
The “advance directives” space and the data stored in this space are accessible by trusted persons without any unlocking of the capsule.
2. Accounts
Myafterme offers :
– a free service, limited in storage space with possible advertising,
– a paid "Premium" service offering more storage space and without advertising.
All users of our Myafterme services are responsible for their operator's data service subscription fees, Internet access fees and other taxes and fees associated with the use of their services and fees related to their electronic devices.
The rates indicated are inclusive of VAT.
Free accounts
Free User accounts are limited to 1GB of storage.
Advertisements and announcements may appear.
Paid accounts
Paid or premium accounts allow an increase in the storage volume in the User's capsule.
3. General Conditions of Sale
The User may increase their storage space and add paid features to their account (their account then becomes a “Premium Account”). It is billed automatically from the date of switching to a Premium Account and at each periodic renewal until cancellation or termination. The subscription is monthly and tacitly renewed. You are responsible for all applicable taxes, and we will invoice you for them when they are required.
These conditions of sale are concluded on the one hand by the company SAS Myafter with a share capital of 500 euros whose head office is located in Saint-Leu, registered in the Trade and Companies Register of La Réunion under number 92174079100014 hereinafter referred to as "Myafter" and managing the site www.myafterme.com and, on the other hand, by any natural person wishing to transmit files following their death allowing assistance in organizing their funeral hereinafter referred to as "the User".
Article 1. Purpose
These terms of sale aim to define the contractual relations between Myafter and the User and the conditions applicable to any purchase made through the website www.myafterme.com. Subscription to a paid "premium" offer of a product through this site implies unreserved acceptance by the User of these terms of sale, which the User acknowledges having read prior to his order. Before any transaction, the User declares on the one hand that the purchase of products on the site www.myafterme.com is not directly related to his professional activity and is limited to strictly personal use and on the other hand to have full legal capacity, allowing him to commit to these general terms of sale.
The company Myafter reserves the right to modify these terms of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. As a result, the applicable conditions will be those in force on the date of the order by the buyer.
Article 2. Products
The products offered are those that appear on the website www.myafterme.com of the company Myafter. The company Myafter reserves the right to modify at any time the prices of the offers proposed on the site.
Article 3. Prices
The prices of the premium offers appearing on the site and the application are prices in Euros (€) all taxes included (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. The company Myafter reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer.
Article 4. Order and payment terms
Before any order, the buyer must create an account on the website www.myafterme.com. The account creation section is accessible directly from the application. Each time the User visits, he or she must identify himself or herself using a username and password. Myafter offers the User :
– either the creation of a free storage space, limited to 1 GB and with advertisements and announcements,
– or the creation of a Premium space, paying, offering more storage space and the absence of advertising. This paid service can be paid monthly :
– Secure payment by credit card (via the Stripe system)
The User is asked to check all the information, read and accept these general terms and conditions of sale by checking the corresponding box, then invited to validate their order by clicking on the "Confirm my order" button. Finally, the buyer is redirected to the Stripe interface and can then make their monthly payment using their personal bank card. If the payment is accepted, the order is registered and the contract is definitively formed. Payment by credit card is irrevocable. In the event of fraudulent use of the card, the buyer may demand cancellation of the card payment, the amounts paid will then be credited or refunded. The liability of the holder of a bank card is not incurred if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of their card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must contest the direct debit in writing with their bank within 70 days of the transaction, or even 120 days if the contract binding them to it provides for it. The amounts withdrawn are reimbursed by the bank within a maximum of one month after receipt of the written objection filed by the cardholder. No costs for the restitution of the sums may be charged to the cardholder.
Confirmation of an order implies acceptance of these terms of sale, acknowledgement of having full knowledge of them and waiver of the right to rely on one's own terms of purchase. All data provided and the recorded confirmation will constitute proof of the transaction. Myafter will send confirmation of the registration of the order to the email address registered by the User by email.
If the buyer wishes to contact Myafter, they can do so either by mail to the following address: Myafter 161b rue du Général Lambert 97436 Saint-Leu; or by email to the following address : contact@myafterme.com
Article 5. Withdrawal
Under Article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and thus cancel the opening of the paid Premium account and allow the refund without penalty, with the exception of possible bank charges.
Article 6. Liability
The company Myafter will manage the storage of data diligently. Its liability cannot be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service, or other involuntary problems.
Article 7. Intellectual property
All elements of the site and the application www.myafterme.com are and remain the intellectual and exclusive property of the company Myafter. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text.
Article 8. Personal data
Myafter undertakes to preserve the confidentiality of the information provided by the buyer, which he would be required to transmit for the use of certain services. Any information concerning him is subject to the provisions of law n° 78-17 of January 6, 1978. As such, the Internet user has a right to access, modify and delete information concerning him. He can make a request at any time by mail to the following address: Myafter 161b rue du Général Lambert 97436 Saint-Leu.
Article 9. Dispute resolution
These distance selling conditions are subject to French law. For all disputes or litigation, the competent Court will be that of Saint-Denis de la Réunion.
Termination
You can terminate your Premium account at any time. Refunds are only granted when required by law. For example, users have the right to terminate their Paid Account within 14 days from the date of subscription to their Premium Account.
Downgrading
Your Paid Account remains in effect until it is cancelled or terminated in accordance with these Conditions. The User can downgrade to a lower plan at any time, in which case they must de facto reduce the volume of data stored in line with the plan to which they subscribe. If this is the case, their account will be blocked.
If you do not pay the fees related to your Premium Account on time, we reserve the right to suspend it or remove its features. The User will be contacted by email at the registered address 14 days before the account is closed in order to notify them.
Price changes
We may change the price of your subscription at the time of its renewal to reflect, in particular, changes in our offers, our activity or economic conditions. We will inform you at least 30 days in advance of such changes by writing to you at the email address associated with your account. You will then have the opportunity to cancel your subscription before the new price comes into effect.
After unlocking the capsule
When the guarantors unlock the capsule, the account will be automatically closed after 30 days. The paid subscription will then be automatically stopped at this deadline.
Prices are indicated inclusive of all taxes (TTC).
In the case of a Premium subscription, the associated account will be automatically debited to renew the subscription and fully enjoy the application or website.
4. Privacy Policy
The privacy policy can be consulted by clicking here
5. Legal notices
The legal notices can be consulted here
6. User Commitments
The services offered by the Myafterme entity are intended exclusively for individuals
In addition :
The person must be of legal age (18 years old in France) or have reached the legal age of majority in their country of residence.
The User agrees to only store data (text, photos, videos, music) allowing the organization of their funeral.
The User agrees to NOT use the Service to :
1. download, publish, send by e-mail, transmit, store, share, import or make available Content that is illegal, harassing or threatening, harmful, tortious, defamatory, injurious, abusive, violent, obscene, vulgar, invasive of the privacy of third parties, hateful, racially or ethnically offensive, or otherwise shocking;
2. pursue, harass, threaten or harm another person;
3. engage in any activity that exploits, harms or threatens children in any way, including, without limitation, producing, sharing, uploading or storing child sexual abuse material, child sexual exploitation material or any other content that is harmful to children;
4. pretend to be someone you are not. You may not impersonate or impersonate any person (including celebrities), entity, other Myafterme Service user, Myafterme employee, government leader or local authority figure.
Myafterme reserves the right to terminate any Myafterme account or email address that may be considered to impersonate or misrepresent your identity, or to misappropriate another person’s name or identity;
5. infringe any copyright or other intellectual property right (including uploading content that you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality agreement, employment contract or nondisclosure agreement;
6. post, send, transmit or otherwise make available any unsolicited or unauthorized e-mail, advertising, promotional materials, junk mail, spam or chain letters, including, without limitation, bulk advertising and informational notices;
7. forge any TCP-IP packet header or any part of the header data in any e-mail or newsgroup posting, or insert any information in a header designed to mislead recipients as to the origin of Content transmitted through the Service (IP spoofing);
8. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to alter, interfere with or limit the normal operation of the Service (or any part thereof) or any other computer software or hardware;
9. disrupt or interrupt the Service (including by accessing the Service through any automated means, such as scripts or spiders) or servers or networks connected to the Service, or disobey any rules, requirements or regulations of networks connected to the Service (including unauthorized access, use or monitoring of data or traffic);
10. plan or engage in any illegal activity; or
11. collect and store personal data about other users of the Service for use in connection with the above prohibited activities.
Resale of the Service
User agrees not to reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any portion thereof) for any purpose whatsoever.
Copyright
User agrees to respect the intellectual property of others and copyrights.
We respond to notices of alleged copyright infringement if they comply with the law. We reserve the right to remove or disable problematic content and to terminate the accounts of repeat infringers.
7. Framework for use of the services of www.myafterme.com
The brands, logos, signs and all contents of the site (texts, images, sound, etc.) are protected by the Intellectual Property Code and more particularly by copyright.
The User must request prior authorization from the site for any reproduction, publication, copy of the various contents. He undertakes to use the contents of the site in a strictly private context, any use for commercial and advertising purposes is strictly prohibited.
Any total or partial representation of this site by any process whatsoever, without the express authorization of the operator of the website or the application would constitute an infringement punishable by article L 335-2 and following of the Intellectual Property Code.
It is recalled in accordance with Article L122-5 of the Intellectual Property Code that the User who reproduces, copies or publishes the protected content, after the agreement of the operator of the website or application, must cite the author and its source.
The Myafterme entity offers a transmission of data and information between the User and trusted persons, in no case the storage of documents or data for the purpose of making a backup.
Any regularly registered User may also request to unsubscribe by going to the dedicated page on their personal space. This will be effective within a reasonable time.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of Myafter. In these cases, the User thus agrees not to hold the publisher responsible for any interruption or suspension of service, even without notice.
The User has the possibility of contacting the site by electronic mail at the publisher's email address communicated in the legal notices.
In the event of a definitive cessation of Myafterme services, the User will be notified by email, at the registered email address, and will have 30 days to download their data and information stored on the site www.myafterme.com .
The User agrees to keep copies of this data if they were of a valuable nature according to them.
Within the legal limits, Myafterme does not guarantee that the contents stored or accessed via the service will not be subject to accidental damage, alteration, loss or removal, Myaterme declines all responsibility if such damage, alteration, loss or removal should occur.
It is the User's responsibility to keep alternative and appropriate backup copies of your information and data.
You are responsible for backing up, on your own computer, other device or any other medium, all documents, images and content that you store or that you can access via Myafterme. Myafterme will use reasonable skills and diligence to store this data, but Myafterme does not guarantee that the content stored or that you access via the platform cannot suffer accidental damage, alteration or loss.
Despite regular updates, the site www.myafterme.com cannot be held responsible for the modification of administrative and legal provisions occurring after publication. Similarly, the site cannot be held responsible for the use and interpretation of the information contained in this site.
The User ensures that his password is kept secret. Any disclosure of the password, whatever its form, is prohibited. He assumes the risks associated with the use of his username and password. The site declines all responsibility.
The site www.myafterme.com cannot be held responsible for any viruses that could infect the computer or any computer equipment of the Internet user, following use, access, or downloading from this site.
The site cannot be held responsible in the event of force majeure or the unforeseeable and insurmountable act of a third party.
Hypertext links and advertisements
Hypertext links or advertisements may be present on the site. The User is informed that by clicking on these links, he will leave the site www.myafterme.com . The latter has no control over the web pages on which these links lead and cannot, under any circumstances, be responsible for their content.
Cookies
The User is informed that during his visits to the site, a cookie may be automatically installed on his browser software.
Cookies are small files temporarily stored on the hard drive of the User's computer by your browser and which are necessary for the use of the site www.myafterme.com. Cookies do not contain personal information and cannot be used to identify anyone. A cookie contains a unique identifier, randomly generated and therefore anonymous. Some cookies expire at the end of the User's visit, others remain.
The information contained in cookies is used to improve the site www.myafterme.com .
By browsing the site, the User accepts them.
The User must however give his consent to the use of certain cookies.
In the absence of acceptance, the User is informed that certain functionalities or pages may be refused.
We always welcome comments and other suggestions, but we may use them without limitation or obligation to compensate you, and we are under no obligation to keep them confidential.
Changes to Terms
We may change our Service and policies, and we may need to make changes to these Terms to better align with our Service and policies. Unless otherwise required by law, we will provide you with at least 30 days’ notice (such as through our Service) prior to changing these Terms and give you an opportunity to review them before they become effective. You will then be bound by the updated Terms if you continue to use the Service. If you do not agree to these Terms or any updates, you will not be able to use the services of www.myafterme.com or any other services you may have.
With respect to Myafterme paid services, Myafterme will not make any adverse changes to the Service prior to the end of the then-current paid term, unless a change is reasonably necessary to satisfy legal, regulatory or governmental action, to address user security, user privacy or technical integrity concerns, to avoid service interruptions to other users, or to avoid problems arising from a natural or other disaster, war or other similar event beyond Myafterme’s reasonable control. In the event that Myafterme makes any adverse changes to the Service or the Terms of Use, you will have the right to terminate this Agreement and your account, in which case Myafterme will offer you a prorated refund of any prepayment for the then-current paid term.
Content Backup
The User is responsible for backing up, on his/her own computer or other device, all important documents, images and Content that he/she stores or that he/she can access through the Service.
Myafterme will use reasonable skill and care in providing the Service, but Myafterme does not guarantee that the contents stored or that you access through the Service will not be subject to accidental damage, alteration or loss.
Access to Account and Content
Myafterme reserves the right to take any action it deems reasonably necessary or appropriate to enforce or verify compliance with all or any part of these Terms of Use. The User acknowledges and agrees that Myafterme may, without liability to it, access, use, preserve or disclose information relating to your Account and any Content to authorities, government officials or third parties, if Myafterme reasonably believes it is necessary or appropriate, if required by law or if Myafterme has good reason to believe that such access, use, disclosure or preservation is reasonably necessary to:
comply with the law or any request from an authority,
enforce these General Terms of Use, including investigating any potential violations thereof,
detect, prevent or address technical, security or fraud issues, or protect the rights, property or safety of Myafterme, its users, a third party or the public, if required or permitted by law.
The User acknowledges that Myafterme cannot be held responsible for the Content provided by others and has no obligation to filter this Content. However, in accordance with Myafterme's confidentiality commitment, Myafterme reserves the right to determine at any time whether the Content is appropriate and complies with these General Terms of Use, and may filter, move, refuse, modify or delete Content at any time, without notice and at its sole discretion, if this Content is found to be contrary to the provisions of these General Terms of Use or is otherwise objectionable or violates any laws.
These conditions have been written in French and translated into English. In the event of a discrepancy between the two texts, the French version shall prevail.