Terms of Service

Passed Plan is a zero-knowledge encrypted digital estate planning platform that allows users to store sensitive documents, record video and written messages for loved ones, designate trusted contacts, and organise their digital and physical estate — all protected by client-side encryption that prevents Passed Plan from reading your vault contents.

Passed Plan is not a law firm and does not provide legal advice. Nothing in the Service or in any communication from Passed Plan constitutes legal, financial, tax, or estate-planning advice. You should consult a qualified attorney for guidance specific to your circumstances.

You must be at least 18 years of age to use the Service. By creating an account, you represent and warrant that:

• You are 18 or older;
• You have the legal capacity to enter into a binding agreement;
• All registration information you provide is accurate and will be kept up to date;
• You will maintain the confidentiality of your account credentials; and
• You are not prohibited from using the Service under applicable law.

One person may hold only one account. You may not create an account on behalf of another person without their explicit written authorisation.

Passed Plan operates on a zero-knowledge architecture. This means:

• We cannot recover your vault passphrase. If you lose your vault passphrase and have not configured recovery keys, your vault data is permanently inaccessible. Passed Plan bears no liability for data loss resulting from a forgotten or lost passphrase.
• We cannot decrypt your vault on your behalf, even with a court order, because we do not hold the keys.
• Recovery key configuration is your responsibility. We strongly recommend generating and securely storing recovery keys during onboarding.

By continuing to use the Service, you acknowledge these limitations and accept sole responsibility for safeguarding your vault credentials.

You may designate one or more trusted contacts within the Service. You represent that:

• You have obtained the consent of each trusted contact before designating them;
• You will keep trusted contact designations current and remove contacts who should no longer have access;
• You understand that a trusted contact who completes the death-verification process will gain access to the portions of your vault you have authorised.

Passed Plan is not responsible for the actions of your trusted contacts after they have legitimately gained access to your vault in accordance with these Terms.

When a trusted contact initiates a post-mortem access request, Passed Plan follows a multi-step verification process:

1. Death certificate verification via VitalChek. The trusted contact must submit a valid death certificate for the deceased account holder.
2. Identity verification of the trusted contact via Persona KYC.
3. A mandatory 72-hour fraud window begins. During this window, the account holder's registered phone number and email address receive notice of the access request. The account holder (or anyone with access to their devices) may halt the process using the I'm Alive feature.
4. If no halt is received, vault access is granted to the trusted contact after the 72-hour window closes.

Passed Plan takes reasonable steps to verify the authenticity of death certificates and the identity of trusted contacts, but cannot guarantee the accuracy of third-party verification results. Passed Plan is not liable for wrongful vault access caused by fraudulent documents or identity fraud, provided we followed the verification process described above in good faith.

The Last Goodbyes feature allows you to record video and written messages for delivery to designated recipients after your death. You retain ownership of this content and grant Passed Plan a limited licence to store, encrypt, and deliver it in accordance with your instructions.

Last Goodbye content is reviewed by automated AI moderation prior to delivery (not before storage) to screen for content that violates our Acceptable Use Policy, including content that incites violence, threatens third parties, or contains illegal material. If content is flagged, delivery will be paused and a human reviewer will make the final determination. Passed Plan will contact the estate executor before taking any action on flagged content.

Because your vault is zero-knowledge encrypted, Passed Plan does not and cannot review stored content — only content at the point of delivery decryption is reviewed by automated systems.

You agree not to use the Service to:

• Store financial account passwords, private cryptographic seed phrases, or secret keys as plain text. (Use a dedicated password manager or hardware wallet for these. We recommend referencing their location rather than storing the credentials themselves.)
• Upload content that is illegal under applicable law
• Infringe the intellectual property rights of any third party
• Harass, threaten, or defame any individual
• Circumvent or interfere with the security features of the Service
• Use the Service on behalf of a person other than yourself without authorisation
• Attempt to access other users' data
• Use automated tools to scrape or extract data from the Service

Violation of this section may result in immediate account suspension without refund and, where required, reporting to law enforcement.

The Passed Plan platform, including its software, design, trademarks, and non-user content, is owned by Passed Plan, Inc. and protected by copyright and other intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Service. Your vault contents remain your property (or the property of your estate) at all times.

Upon cancellation or expiry of a subscription, we retain your encrypted vault data for a 90-day grace period during which you may reactivate. After 90 days, all vault data is permanently and irreversibly deleted. This deletion cannot be undone. We recommend exporting a local backup of your vault before cancelling.

Immutable audit logs are retained for 7 years in compliance with fraud prevention and regulatory requirements.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• PASSED PLAN'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO PASSED PLAN IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.
• PASSED PLAN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• PASSED PLAN IS NOT LIABLE FOR DATA LOSS RESULTING FROM A LOST OR FORGOTTEN VAULT PASSPHRASE.
• PASSED PLAN IS NOT LIABLE FOR THE ACTIONS OF TRUSTED CONTACTS FOLLOWING LEGITIMATE VAULT ACCESS.

Some jurisdictions do not allow the exclusion or limitation of certain types of liability. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. PASSED PLAN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT GENERATED BY AI FEATURES.

You agree to indemnify and hold harmless Passed Plan, Inc. and its officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

Binding Arbitration: Any dispute arising out of or relating to these Terms or the Service (except small claims court eligible disputes and injunctive relief) shall be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, not by a jury or court. You and Passed Plan waive the right to a jury trial and to participate in any class action or representative proceeding.

Opt-Out: You may opt out of arbitration within 30 days of first accepting these Terms by emailing legal@passedplan.com with the subject line "Arbitration Opt-Out."

Governing Law: These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules.

We may modify these Terms at any time. If we make material changes, we will notify you by email and by posting a notice in the Service at least 30 days before the changes take effect. If you do not agree to the revised Terms, you must cancel your subscription before the effective date. Continued use after the effective date constitutes acceptance.

You may cancel your account at any time through the Settings page. We may suspend or terminate your account immediately if you materially breach these Terms, engage in fraudulent activity, or if required by law. Upon termination, your right to access the Service ceases immediately, subject to the 90-day data retention period.

Questions about these Terms should be directed to: