Terms of Service

Effective Date: March 30, 2025

1. Acceptance of Terms

Welcome to Si Forte ("Service"), operated by Chris Winfield-Blum ("we", "us", "our"). These Terms of Service ("Terms") govern your access to and use of our website located at https://www.deadmansswitch.me, our associated mobile applications, and the services provided therein (collectively, the "Service").

By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (available at https://www.siforte.com/privacy-policy ), which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you may not use the Service.   

2. Description of Service

Si Forte provides a platform allowing registered users ("Users", "you") to store certain information or messages ("Vault Data") and designate recipient email addresses ("Recipients"). The Service is designed to automatically send the User's Vault Data to the designated Recipients if the Service detects a prolonged period of inactivity from the User's account, based on parameters defined within the Service or set by the User ("Switch Trigger").

3. User Accounts

  • Registration: To use the Service, you must register for an account, providing accurate and complete information, including your name and email address. You must keep your account information updated.
  • Eligibility: You must be at least 16 years old to use the Service. By registering, you represent and warrant that you meet this age requirement.
  • Account Security: You are solely responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security via our support channel: https://www.deadmansswitch.me/support. We are not liable for any loss or damage arising from your failure to protect your password or account information.   
  • Account Termination: We reserve the right to suspend or terminate your account at our sole discretion, without notice or liability, for conduct that we believe violates these Terms, is harmful to other users or third parties, or for any other reason, including prolonged inactivity beyond the standard Switch Trigger thresholds.

4. Use of the Service & User Responsibilities

  • Permitted Use: You agree to use the Service only for lawful purposes and in accordance with these Terms.
  • User Content (Vault Data & Recipient Information):
    • You are solely responsible for the Vault Data you upload, store, or schedule for transmission via the Service. This includes ensuring you have the necessary rights to the content and that it does not violate any laws or third-party rights (e.g., copyright, privacy, defamation).
    • You are solely responsible for the accuracy and legitimacy of the Recipient email addresses you provide. You represent and warrant that you have the necessary consent to provide these email addresses and for them to receive communications initiated by the Service on your behalf upon a Switch Trigger.
    • We do not monitor, review, or endorse User Vault Data. We expressly disclaim any liability for the content of Vault Data transmitted via the Service.
  • Prohibited Activities: You agree not to: 
    • Use the Service for any illegal or unauthorized purpose.
    • Upload or transmit content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.   
    • Infringe upon any third party's intellectual property rights.
    • Interfere with or disrupt the Service or servers or networks connected to the Service.
    • Attempt to gain unauthorized access to the Service, other user accounts, or computer systems or networks connected to the Service.   
    • Reverse engineer, decompile, or disassemble any portion of the Service.
    • Provide false Recipient information or use the Service to harass or send unsolicited messages (spam) to Recipients.
  • Switch Trigger: The Service relies on detecting user inactivity (e.g., failure to log in or respond to check-ins) for the Switch Trigger. You acknowledge that factors outside our control (e.g., internet outages, email delivery failures, your inability to access your account) may affect the timely detection of inactivity or the successful delivery of Vault Data. We are not liable for any failure or delay in the Switch Trigger or delivery caused by such factors or by inaccuracies in the information you provide.

5. Payment Terms

  • Fees: Access to certain features of the Service may require payment of subscription fees. Current fees are listed on our website or within the application. We reserve the right to change our fees upon reasonable notice.
  • Billing: We use Stripe, a third-party payment processor, to bill you through an online account for use of the paid aspects of the Service. The processing of payments will be subject to the terms, conditions, and privacy policies of Stripe in addition to these Terms. We do not store your full payment card details.   
  • Subscriptions: Paid subscriptions may automatically renew unless cancelled. You are responsible for cancelling your subscription if you no longer wish to use the paid service.
  • Refunds: Subscription fees are generally non-refundable except as required by law or as explicitly stated otherwise by us.

6. Intellectual Property Rights

  • Our Rights: The Service and its original content (excluding User Vault Data), features, and functionality are and will remain the exclusive property of Chris Winfield-Blum and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.   
  • User Rights & License Grant: You retain all ownership rights to your Vault Data. However, by uploading or storing Vault Data on the Service, you grant us a worldwide, non-exclusive, royalty-free license to store, reproduce, modify (solely for formatting/transmission purposes), and transmit your Vault Data as necessary to provide the Service, specifically including transmitting it to your designated Recipients upon a Switch Trigger. This license terminates when your content is deleted from our systems, subject to retention policies outlined in our Privacy Policy.

7. Third-Party Links & Services

The Service may contain links to third-party websites or services (like Stripe) that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.   

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.   

WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR DATA LOSS OR CORRUPTION OR FOR THE FAILURE OF THE SWITCH TRIGGER MECHANISM TO OPERATE AS INTENDED FOR ANY REASON.   

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHRIS WINFIELD-BLUM, NOR HIS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY (INCLUDING RECIPIENTS) ON OR RELATED TO THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE (INCLUDING VAULT DATA); (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT (INCLUDING VAULT DATA); (V) THE TRIGGERING OR FAILURE TO TRIGGER THE DEAD MAN'S SWITCH MECHANISM, OR THE DELIVERY OR NON-DELIVERY OR CONTENT OF THE VAULT DATA; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.   

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100) OR THE AMOUNTS PAID BY YOU TO US, IF ANY, IN THE LAST SIX (6) MONTHS FOR THE SERVICE GIVING RISE TO THE CLAIM.   

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.   

10. Indemnification

You agree to defend, indemnify, and hold harmless Chris Winfield-Blum and his employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account; (b) a breach of these Terms; or (c) the Vault Data you store or transmit through the Service, including any claim that your Vault Data violates any law or infringes upon the rights of a third party (including Recipients).   

11. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of South Australia, Australia, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within South Australia, Australia to resolve any dispute or claim arising from these Terms or the Service.   

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, likely via the email address associated with your account. What constitutes a material change will be determined at our sole discretion. Minor changes may be made by updating the "Effective Date" at the top of these Terms. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.   

13. Miscellaneous

  • Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.   
  • Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.   
  • No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
  • Contact: If you have any questions about these Terms, please contact us via our support portal: https://www.siforte.me/support.