Terms of Service

1.1 Definitions and interpretation

In these Terms, capitalized terms have the meanings given below. The same defined terms apply in our other policies where those policies refer to these Terms, unless the relevant policy gives a different meaning.

• "Account" — the account you register to access and use the Services.
• "Affiliate" — in relation to a party, any entity that controls, is controlled by, or is under common control with that party, where "control" means the ownership of more than 50% of the voting rights or the power to direct the management of the entity.
• "Cold Storage" — the encrypted, access-restricted state into which your data is placed when your Subscription lapses or is cancelled, as described in the Refund and Cancellation Policy and the Data Retention and Deletion Policy.
• "Confirmer" — a person you appoint to confirm that a specified event has occurred so that delivery of a Message may be triggered.
• "Content" — any Message and any other material you upload, create, store, or transmit through the Services, including text, images, audio, and video, together with associated titles, metadata, and scheduling information.
• "Emergency Contact" — a person you appoint to be notified if your Account becomes inactive.
• "Fees" — the subscription charges and any other amounts payable for the Services, as shown at the point of purchase or in your Account.
• "Force Majeure Event" — an event or circumstance beyond a party's reasonable control, as further described in Section 13.
• "Intellectual Property Rights" — patents, copyright, database rights, trademarks, service marks, designs, know-how, trade secrets, and all other intellectual property rights, whether registered or unregistered, anywhere in the world.
• "Message" — any voice recording, video recording, or written message you create for delivery, together with any associated title, metadata, and scheduling or delivery instructions.
• "Nominee" — a person you designate on eligible plans, as shown on our plan/pricing page to access your Vault after your death, subject to verification under the Nominee and Post-Death Access Policy.
• "Personal Data" — information relating to an identified or identifiable natural person, as defined under applicable data-protection law, that is processed through the Services.
• "Recipient" — a person to whom you direct a Message for delivery.
• "Services" — the Dear Tomorrow platform, websites, mobile and desktop applications, and related services we provide, including any updates and new features.
• "Subscription" — a paid plan (Companion, Legacy, or Evergreen or on eligible plans, as shown on our plan/pricing page) or the free First Words plan under which you use the Services.
• "Terms" — these Terms of Service, together with any policy expressly incorporated into them by reference, in each case as updated from time to time.
• "Vault" — the secure store of Content and associated data held in your Account.
• "we, us, or our" — Dear Tomorrow, the operator of the Services.
• "User", "you", or "your" — the individual who registers an Account and uses the Services.

In these Terms, unless the context requires otherwise: (a) headings are for convenience only and do not affect interpretation; (b) the words "include", "including", and "in particular" do not limit the generality of any preceding words; (c) the singular includes the plural and vice versa; (d) a reference to a person includes a natural person and a legal entity, and that person's successors and permitted assigns; (e) a reference to any of our policies is a reference to that policy as updated from time to time in accordance with its terms; (f) a reference to a document or agreement is a reference to that document or agreement as varied, novated, or replaced; (g) a reference to legislation includes any regulation made under it and any amendment to, or re-enactment of, that legislation; and (h) if a period of time is specified from a given day, or the day of an act or event, it is calculated exclusive of that day.

3.1 Account creation

To use Dear Tomorrow, you must create an account by providing a valid email address and password, or by signing in through Google. You are responsible for keeping your login credentials confidential. You must not share your Account, register an Account for another person, or impersonate any person.

3.2 Accuracy of information

You agree to provide accurate, current, and complete information when you sign up and to keep that information up to date — particularly recipient contact details, since outdated information may prevent your messages from being delivered.

3.3 Account security

You are responsible for all activity that occurs under your account. If you suspect unauthorized access, notify us immediately at [email protected]. We are not liable for losses arising from unauthorized access where you have not promptly notified us. This does not limit any liability that we have under applicable law.

3.4 Third-party sign-in and payment services

You may be able to sign in through a third-party identity provider and make payments through our third-party payment service providers. Those services are provided by third parties and are governed by those third parties' own terms and privacy policies, which you are responsible for reviewing. When you use a third-party sign-in or payment service, you authorize us to receive information from, and share information with, that provider where reasonably necessary to authenticate your identity or process and secure your payment. This may include a unique identifier, your email address, or a payment-authorization token.

We do not store full payment-card numbers; card data is handled by our PCI-DSS-compliant payment partners.

We are not responsible for the acts, omissions, availability, security, or content of any third-party service, and your use of a third-party service is at your own risk and subject to that provider's terms. If a third-party provider suspends or withdraws a service, or changes its terms, that may affect your ability to sign in or pay. We may add, change, or discontinue support for a particular sign-in method of payment partner, and will use reasonable efforts to provide an alternative where a method we previously supported is withdrawn.

4.1 Free trial

• Paid plans include a 7-day free trial.
• Card details are collected at signup, but you are not charged until the trial ends.
• You may cancel at any time during the trial — no charge will be applied.

One free trial per User. Unless we state otherwise, the free trial lasts for the period shown at sign-up and gives access to the features of the plan being trialed. We do not take payment during the trial. The free trial is not available if you have previously held a paid Subscription or free trial on this or any other Account associated with you, and we may withdraw, shorten or refuse a trial where we reasonably suspect abuse or circumvention. We will send you a reminder before the trial converts to a paid Subscription. Unless you cancel before the trial ends, your trial will convert to a paid Subscription at the then-current price and the renewal terms in Section 4.2 will apply. If you cancel during the trial, your access will continue until the end of the trial period, after which your data will be handled in accordance with the Refund and Cancellation Policy.

4.2 Renewal

Paid plans renew automatically on the date your subscription expires using the payment method on file, unless you cancel beforehand or auto-renewal fails. You may cancel from your account settings or by emailing [email protected]. Cancellation takes effect at the end of the current billing period.

4.3 Currency and tax

Prices are shown in AED for users in the UAE and INR for users in India. UAE VAT is added where applicable. Indian GST is added where applicable. Your bank or card issuer may apply currency-conversion or other charges that are outside our control, and we do not refund such third-party charges.

4.4 Billing, authorization, and auto-renewal

When you start a paid Subscription, you authorize us and our payment partners to charge the applicable Fees to your chosen payment method at the start of each billing period until you cancel. Subscriptions renew automatically for successive billing periods of the same length at the then-current price, unless you cancel before the renewal date or we notify you that a plan is being discontinued. You are responsible for keeping your payment details valid and up to date. If a payment fails, we may retry the charge and may suspend or downgrade paid features until payment is received, without affecting our other rights.

4.5 Taxes

Prices displayed at the point of purchase include applicable VAT, GST or similar indirect taxes, unless clearly stated otherwise. Dear Tomorrow will collect and remit applicable taxes as required by law.

Any separate charges imposed by your bank, card issuer or payment provider, including currency-conversion fees, are outside Dear Tomorrow's control and are your responsibility.

4.6 Changes to Fees

We may change our Fees from time to time. Where a change affects a recurring Subscription, we will give you at least 30 days' advance notice by email or through the Services before the change takes effect, and the new Fees will apply from your next renewal. If you do not agree to a change in Fees, you may cancel before the change takes effect; continuing to use the paid Services after the change takes effect constitutes acceptance of the revised Fees. This Section does not limit any right you have under the Refund and Cancellation Policy or under applicable consumer law.

5.1 What we commit to

• We will use commercially reasonable efforts to deliver your message on the date you scheduled.
• We will make reasonable retry attempts if the initial email or message fails.

5.2 What we cannot guarantee

Important: We provide a delivery service — we cannot guarantee that the recipient will receive, open, or read the message. Delivery depends on the recipient's email/message provider, the contact details you provided being accurate, and the recipient choosing to engage with the message. Failed deliveries due to invalid contact information, recipient inboxes blocking the email, or recipients ignoring the message are outside our control.

5.3 If your subscription has lapsed

If your subscription lapses before the scheduled delivery date, your message will not be delivered. Instead, the recipient link (if it has been generated) will display a message indicating that the sender's subscription is no longer active. To ensure delivery, keep your subscription active or renew before the delivery date. The cold-storage and deletion timeline that applies to a lapsed subscription is set out in the Refund and Cancellation Policy and the Data Retention and Deletion Policy.

7.1 You own your content

You retain all ownership and copyright in the messages, recordings, and other content you create on Dear Tomorrow ("Your Content"). We do not claim ownership of any content you upload.

7.2 Limited license to operate the service

You grant us a limited, non-exclusive, royalty-free license to store, process, and deliver Your Content solely for the purpose of providing the service to you. This license ends when your data is permanently deleted. We never use your messages for marketing, training AI models, or any purpose other than providing the service. This license extends to our service providers (such as hosting, communications, and payment providers) acting on our behalf, solely for the purposes described above, and continues after cancellation or termination only for as long as your data is retained under the Data Retention and Deletion Policy (including Cold Storage).

7.3 Your responsibility for content

You are solely responsible for the content of your messages, including their legality and the appropriateness of providing recipient contact details. You confirm that you have a reasonable basis to provide each recipient's contact information — for example, an existing personal relationship. You confirm that Your Content does not violate applicable law or another person's rights. If Your Content includes another person's Personal Data, photograph, image, voice, recording or other identifying information, you must have their permission or another lawful basis to include it. You must also have a lawful basis to provide any Recipient's contact details to Dear Tomorrow, as further explained in our Privacy Policy.

7.4 Our intellectual property

The Services, including all software, source code, object code, databases, designs, text, graphics, user interfaces, look and feel, the "Dear Tomorrow" name, logos, and all related Intellectual Property Rights, are owned by us or our licensors and are protected by applicable laws. Nothing in these Terms transfers any such rights to you. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for your own personal, non-commercial purposes for the duration of your Account. All rights not expressly granted to you are reserved by us and our licensors.

Except as expressly permitted by these Terms or by applicable law that cannot be excluded, you must not: copy, modify, adapt, translate, or create derivative works from any part of the Services; distribute, publicly display or perform, sell, rent, lease, or otherwise commercially exploit the Services; reverse-engineer, decompile, or disassemble any part of the Services, or attempt to derive its source code; remove, obscure, or alter any proprietary notice; use any automated means (such as scraping, crawling, or harvesting) to access the Services except as we expressly permit; or use our name, logos, or trademarks without our prior written consent. Additional restrictions on your use of the Services are set out in our Acceptable Use Policy.

7.5 Feedback

If you send us feedback, suggestions, or ideas about the Services ("Feedback"), you agree that we may use that Feedback for any purpose, without restriction and without any obligation to compensate you, and you assign to us, and where an assignment cannot take effect grant us a perpetual, irrevocable, worldwide, royalty-free license in respect of, all rights in any Feedback you provide. Feedback is given voluntarily, is not treated as your confidential information, and does not create any obligation on us to develop or implement it.

7.6 Notice of infringement

We respect the intellectual property rights of others and expect you to do the same. If you believe that Content available through the Services infringes your Intellectual Property Rights, you may notify us at [email protected] with enough detail to identify the Content and the right concerned, a statement that you have a good-faith belief that the use is not authorized, and your contact details. We may remove or disable access to Content that is the subject of a valid notice and may suspend or terminate the Accounts of users who repeatedly infringe.

15.1 Entire agreement

These Terms, together with the Privacy Policy, Acceptable Use Policy, Refund and Cancellation Policy, Data Retention and Deletion Policy, Nominee and Post-Death Access Policy, and any other policy expressly incorporated into these Terms and made available to you from time to time, constitute the entire agreement between you and Dear Tomorrow regarding the Services. Neither party has relied on any statement or representation not set out in these Terms; nothing in this Section 15.1 limits liability for fraud or fraudulent misrepresentation.

15.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect. Where possible, the unenforceable provision is to be treated as modified to the minimum extent necessary to make it valid and enforceable.

15.3 No waiver

Our failure to enforce a right or provision of these Terms is not a waiver of that right or provision.

15.4 Assignment

You may not assign your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms to any successor entity, including in the case of a merger, acquisition, or sale of business assets.

15.5 Contact

• General support: [email protected]
• Legal and disputes: [email protected]
• Postal address: Business Center, Sharjah Publishing City Free Zone, Sharjah, United Arab Emirates
• Phone: +971 52 516 5235

15.6 Notices

We may give you notices relating to your Account or these Terms by email to the address associated with your Account, by posting a notice within the Services, or by any other method we reasonably consider appropriate. You are responsible for keeping your email address current; a notice sent to the email address on your Account is deemed received when sent, unless we receive an automated delivery-failure message.

You may give us notice by emailing [email protected], and a notice to us is deemed received only when we acknowledge or respond to it.

15.7 Electronic communications and consent

You consent to receive communications from us electronically, whether by email, through the Services, or by other electronic means. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing, to the maximum extent permitted by applicable law, and that electronic records and signatures have the same legal effect as their paper equivalents.

15.8 Survival

Any provision of these Terms that by its nature should survive termination or expiry will survive, including Section 4 (in respect of accrued Fees), Section 7 (Your Content, in respect of the wind-down of any license and your responsibility for Content), Section 11 (Limitation of Liability), Section 12 (Indemnity), Section 14 (Governing Law and Disputes), and this Section 15.

15.9 No third-party rights

These Terms are between you and us. Except for the specific access rights, we grant to Confirmers, Nominees, and Emergency Contacts as described in these Terms and our related policies, no person who is not a party to these Terms has any right to enforce, or to rely on, any of their provisions.

15.10 Relationship of the parties

Nothing in these Terms creates any partnership, joint venture, agency, employment, or fiduciary relationship between you and us. Neither party may make any representation or commitment, or incur any liability, on behalf of the other.

15.11 Force majeure and continuity

Neither party is liable for any failure or delay in performing its obligations (other than an obligation to pay money) to the extent caused by a Force Majeure Event, provided that the affected party takes reasonable steps to mitigate the effect and resumes performance as soon as reasonably practicable. If a Force Majeure Event continues for more than 60 days, either party may terminate the affected Subscription on notice, and the Refund and Cancellation Policy will govern any refund.