Terms of Service

By accessing or using Kicking the Bucket ("the Service"), operated via kickingthebucket.app, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you ("you", "your", "User") and Kicking the Bucket ("we", "us", "our", "the Company").

Kicking the Bucket is a digital legacy planning platform that allows you to:

• Store documents, credentials, notes, multimedia, and other digital assets in encrypted "buckets" organized by category.
• Designate trusted contacts who can access your stored items under specified conditions.
• Configure a Dead Man's Switch that monitors your periodic check-ins and, upon prolonged inactivity, notifies your trusted contacts and grants them access to designated items.
• Create and schedule messages for future delivery to your contacts.

The Service is a digital organizational tool. It is not a legal instrument and does not replace a legal will, trust, power of attorney, or any other legally binding estate planning document. We strongly recommend consulting a qualified legal professional for formal estate planning.

• You must be at least 18 years old to create an account and use the Service.
• You must provide a valid email address for authentication. We use passwordless email-based verification.
• You are responsible for maintaining the security of your email account, as it serves as your primary authentication method.
• You may not create multiple accounts, impersonate another person, or use the Service on behalf of someone without their explicit consent.
• You agree that all information you provide during registration and use of the Service is accurate and up to date.

You agree to use the Service only for lawful purposes. You may not:

• Store, upload, or transmit any content that is illegal, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable under applicable law.
• Use the Service to store content that infringes on any third party's intellectual property rights, trade secrets, or privacy rights.
• Use the Service for any form of fraud, money laundering, terrorism financing, or other criminal activity.
• Attempt to gain unauthorized access to other users' accounts, our systems, or our infrastructure.
• Reverse-engineer, decompile, or disassemble any part of the Service, except where permitted by law.
• Use automated tools (bots, scrapers, etc.) to access the Service without our prior written consent, except through our official API and MCP integrations with a valid API key.
• Interfere with or disrupt the Service, its servers, or connected networks.
• Exceed reasonable usage limits or use the Service in a way that degrades performance for other users.

We reserve the right to suspend or terminate accounts that violate these terms, with or without prior notice.

Ownership

You retain full ownership of all content you upload, create, or store on the Service ("Your Content"). We do not claim any intellectual property rights over Your Content.

License to Us

By using the Service, you grant us a limited, non-exclusive, non-transferable license to store, encrypt, process, and transmit Your Content solely for the purpose of operating the Service — including delivering Your Content to your designated trusted contacts when access conditions are met. This license terminates when you delete your account.

Your Responsibilities

• You are solely responsible for the legality, accuracy, and appropriateness of Your Content.
• You represent that you have the legal right to store and share all content you upload.
• You are responsible for ensuring that your trusted contact designations and Dead Man's Switch settings reflect your current wishes.

The Dead Man's Switch is a core feature that monitors your periodic check-ins. You acknowledge and agree that:

• The Switch operates based on check-in frequency you configure. If you fail to check in within the specified period, the escalation process begins automatically.
• The escalation process follows a multi-stage sequence (nudge, reminder, alert, grace period, activation) designed to minimize false activations.
• Upon full activation, your trusted contacts will be notified and granted access to the items you've assigned to them. This action may be irreversible.
• You can pause the Switch (e.g., for travel or medical procedures) and cancel activation during the grace period.
• We are not liable for activations caused by your failure to check in, incorrect email addresses for trusted contacts, or email delivery failures beyond our control.
• The Switch depends on our infrastructure being operational. While we strive for high availability, we cannot guarantee uninterrupted operation.

By designating trusted contacts, you acknowledge that:

• You have the authority and consent to provide their contact information (name and email address) to us.
• They will receive email communications from us related to your account, including access invitations and Dead Man's Switch notifications.
• You are responsible for keeping your trusted contact list and item assignments up to date.
• Once access is granted (via Switch activation or manual grant), trusted contacts can view the items assigned to them. You are responsible for the content they receive.

Free Tier & Paid Plans

The Service may offer both free and paid subscription tiers. Paid plans provide additional features, storage, or capabilities as described on our pricing page.

Payment Processing

All payments are processed by Lemon Squeezy, our Merchant of Record. By subscribing to a paid plan, you also agree to Lemon Squeezy's terms of service. We do not store your payment card details.

Billing Cycle

• Subscriptions renew automatically at the end of each billing period (monthly or annual) unless cancelled.
• You can cancel your subscription at any time from the Settings page or via the Lemon Squeezy customer portal.
• Cancellation takes effect at the end of the current billing period. You retain access to paid features until then.

Refunds

Refund requests are handled on a case-by-case basis. Contact us at support@kickingthebucket.app within 14 days of a charge to request a refund.

Price Changes

We may adjust pricing from time to time. Existing subscribers will be notified at least 30 days before any price change takes effect on their account.

We provide API keys for programmatic access to the Service, including integrations with AI agents and MCP-compatible clients. By generating an API key, you agree that:

• You are responsible for keeping your API keys secure and confidential.
• Any activity performed using your API key is your responsibility.
• API keys should be scoped with the minimum permissions required (read-only or full access).
• You must revoke compromised keys immediately.
• We may impose rate limits or usage quotas on API access.

The Service — including its design, code, branding, logo, documentation, and all related intellectual property — is owned by Kicking the Bucket and protected by applicable copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. This license does not include the right to:

• Copy, modify, or distribute the Service or any part thereof.
• Use our branding or trademarks without prior written consent.
• Create derivative works based on the Service.

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Any warranty that the Service will be uninterrupted, error-free, or completely secure.
• Any warranty regarding the accuracy, reliability, or completeness of the Service.

Important: Kicking the Bucket is not a law firm and does not provide legal advice. The Service does not create a legal will, trust, or any other legally binding estate document. We make no guarantees about the legal enforceability of any content or instructions stored on the platform. Always consult a qualified legal professional for estate planning.

To the maximum extent permitted by applicable law, Kicking the Bucket and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of data, revenue, profits, or business opportunities.
• Damages arising from unauthorized access to or alteration of your data.
• Damages arising from the Dead Man's Switch activating or failing to activate.
• Damages arising from service interruptions or downtime.
• Damages arising from actions taken by your trusted contacts after access is granted.

Our total aggregate liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

You agree to indemnify, defend, and hold harmless Kicking the Bucket and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Service.
• Your violation of these Terms.
• Your Content or any content you store on the platform.
• Your violation of any rights of a third party.

By You

You may delete your account at any time from the Settings page. Upon deletion, all your data — including vault items, contacts, messages, and uploaded files — will be permanently and irreversibly removed from our systems.

By Us

We may suspend or terminate your account if:

• You violate these Terms or our Acceptable Use policy.
• Your account is used for illegal activity.
• We are required to do so by law or regulation.
• We discontinue the Service (with reasonable notice).

Where possible, we will provide advance notice and an opportunity to export your data before termination.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. For significant changes that materially affect your use of the Service, we will provide reasonable advance notice via email or a prominent notice on the website.

We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict of law principles.

Any disputes arising from or related to these Terms or the Service shall first be addressed through good-faith negotiation. If unresolved, disputes shall be submitted to the jurisdiction of the courts of the Republic of South Africa.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

We may update these Terms from time to time. When we do, we'll update the "Last updated" date at the top of this page. For material changes, we'll notify you via email or a prominent notice on our website at least 30 days before the changes take effect.

Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

Questions about these Terms? We're happy to help.