Terms of Use & EULA
This is a binding legal agreement. Please read these terms carefully as they govern your use of the Soult platform and services.
SOULT DIGITAL PRIVATE LIMITED
General
Welcome to Soult. This document constitutes a legally binding End User License Agreement ('EULA') and Terms of Use ('Terms') between you ('User', 'you') and Soult Digital Private Limited ('Soult', 'we', 'us', 'our'), a company incorporated in India. These Terms govern your access to and use of the Soult mobile application, our website (www.soultdigital.com), and all related services (collectively, the 'Platform').
Our Platform provides a suite of digital services designed to help you manage your digital legacy, including but not limited to:
- Secure storage and management of digital assets.
- Nomination of individuals for post-mortem access to your account.
- Recording of non-binding Will Preferences.
- Recording of non-binding Organ Donation Preferences.
- Creation of memories and messages, including the option to schedule a future date with a reminder.
- Social media account memorialization instructions.
- Guidance for your family and nominated individuals.
By creating an account or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms apply to all visitors, users, and others who access the Service.
Definitions
For the purposes of these Terms, the following terms shall have the meanings ascribed to them below:
| Account | The registered profile created by a User on the Platform. |
| Digital Assets | All information, documents, images, videos, preferences, and data uploaded by a User. |
| Nominee | A person designated by the User for conditional access to the Platform or specific Content. |
| Will Preferences | Non-binding testamentary intentions recorded digitally on the Platform. |
| Organ Donation Preferences | Non-binding declarations of intent regarding organ and tissue donation. |
| Content | Any material uploaded, stored, transmitted, or recorded on the Platform by a User. |
| Platform | The Soult mobile application and the website www.soultdigital.com collectively. |
| Trigger Event | A defined occurrence (such as submission of a death certificate) that activates access for nominated persons. |
Eligibility
You must be at least 18 years of age and of sound mind to create an Account and use the Platform. By using the Platform, you represent and warrant that you meet these eligibility requirements.
If you are using the Platform on behalf of an organization or entity, you represent and warrant that you have the authority to bind that entity to these Terms.
The services are intended for use by residents of India. While accessible globally, we make no representation that the Platform is appropriate or available for use in other jurisdictions.
Amendments
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. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Platform 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 Platform.
Subscription & Payments
Access to certain features of the Platform may require a paid subscription. Subscription fees are billed in advance on a recurring basis (e.g., monthly or annually). You will be billed automatically at the start of each billing cycle.
All payments are processed through secure third-party payment gateways. We do not store your credit card or payment information. All fees are exclusive of applicable taxes, which you are responsible for paying.
We may change subscription fees at any time. Any fee change will become effective at the end of the then-current billing cycle. We will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective.
User Account & Security
To use the Platform, you must register for an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding the password that you use to access the Platform and for any activities or actions under your password. You agree to:
- Keep your password confidential and not disclose it to any third party.
- Take sole responsibility for any activities that occur under your Account.
- Notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
Soult cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization.
User Obligations
You are solely responsible for your conduct and your Content on the Platform and your compliance with these Terms.
You agree that you will not, and will not permit any third party to:
- Use the Platform for any illegal or unauthorized purpose.
- Interfere with or disrupt the integrity or performance of the Platform.
- Attempt to gain unauthorized access to the Platform or its related systems or networks.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Collect or store personal data about other users without their express permission.
- Use the Platform to send unsolicited or unauthorized advertising, promotional materials, or spam.
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Platform.
- Violate any applicable local, state, national, or international law.
You are solely responsible for the Content you upload. You agree not to upload, post, or otherwise transmit any Content that:
- Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy.
- Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware.
- Constitutes unsolicited or unauthorized advertising, junk mail, spam, or any other form of solicitation.
- You do not have a right to transmit under any law or under contractual or fiduciary relationships.
- Is false, misleading, or inaccurate.
We reserve the right to remove any Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.
Organ Donation Preferences
The Platform allows you to record your non-binding preferences regarding organ and tissue donation. You acknowledge and agree that this feature is for informational purposes only and does not constitute a legally binding organ donation consent.
- The preferences you record are a declaration of your intent and are not a substitute for official registration with any national or state organ donation registry.
- We encourage you to register with the appropriate legal authorities in your jurisdiction to ensure your wishes are legally recognized.
- Soult is not a medical or legal body and does not facilitate the organ donation process.
- It is your responsibility to ensure the information you provide is accurate.
- You should discuss your organ donation wishes with your family, next-of-kin, and any nominated individuals.
- You can update your preferences on the Platform at any time.
- The final decision regarding organ donation rests with your legal next-of-kin and medical professionals, in accordance with applicable laws.
- Soult provides this feature as a tool to help you communicate your wishes.
- We do not guarantee that your recorded preferences will be accessed or followed by medical personnel or your family.
- We are not liable for any failure to act upon the preferences recorded on the Platform.
- The information is provided to your Nominees 'as is' upon a Trigger Event.
- You agree to indemnify and hold Soult harmless from any claims arising from the use or non-use of your recorded organ donation preferences.
Will Management
The Platform enables you to record your 'Will Preferences'. This feature is intended to serve as a guide for your loved ones and is not a legally valid will or testament.
- Not a Legal Will: The Will Preferences recorded on Soult are not a substitute for a formal, legally executed will prepared in accordance with the laws of your jurisdiction.
- Consult a Lawyer: Soult does not provide legal advice. We strongly recommend you consult with a qualified legal professional to create a legally binding will.
- Non-Binding: The preferences are an expression of your wishes and are not legally enforceable for the distribution of your assets.
- To provide guidance to your family and executor regarding your wishes for the distribution of your assets.
- To outline your preferences for funeral arrangements and other personal matters.
- To list the location of important documents and assets.
- To reduce ambiguity and potential disputes among your heirs.
- You are solely responsible for the accuracy and completeness of the information you record.
- You should review and update your Will Preferences regularly, especially after significant life events.
- Soult is not responsible for the legal validity or enforceability of your Will Preferences.
- We are not liable for any disputes, losses, or damages arising from reliance on the Will Preferences recorded on the Platform.
- The information is provided to your Nominees 'as is' upon a Trigger Event.
Executor Nomination
- You may nominate one or more individuals ('Nominees' or 'Executors') to access your Account and Content upon the occurrence of a Trigger Event (e.g., your death).
- The nomination on the Soult platform does not automatically grant legal authority (e.g., as a legal executor of your estate). Such authority must be established through a legally valid will or by a court of law.
- Activation: Access for your Nominee is activated only after a Trigger Event is reported to us and we have verified it to our satisfaction.
- Verification: Verification may require the submission of official documentation, such as a death certificate, and may involve a waiting period.
Soult reserves the right to define and modify the verification process to prevent unauthorized access.
- Upon successful verification, your Nominee will be granted limited access to view and download the Content you have designated for them.
- The Nominee will not be able to modify or delete your Content.
- The scope of access is determined by the permissions you set within the Platform.
- You must obtain the consent of any individual before nominating them.
- You are responsible for keeping your Nominee's contact information up to date.
- You should inform your Nominees of their role and the process for accessing your account.
- You agree that Soult is not liable for any actions taken or not taken by your Nominee.
You can change or revoke a nomination at any time through your Account settings.
Indemnification & Liability
You agree to indemnify, defend, and hold harmless Soult Digital Private Limited and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your Account's) violation of these Terms.
This indemnification obligation will survive the termination of your Account and these Terms.
Violation of Terms
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including without limitation, removing the offending Content from the Platform, suspending or terminating the Account of such violators, and reporting you to law enforcement authorities.
Failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. 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.
Termination
We may terminate or suspend your Account and bar access to the Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
You may terminate your Account at any time by following the instructions on the Platform. Upon termination, your right to use the Platform will immediately cease. We may retain certain data as required by law or for legitimate business purposes.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Mobile Platform Operators
If you access the Platform via a mobile application obtained from the Apple App Store or Google Play Store (each an 'App Store'), you acknowledge that these Terms are between you and Soult only, and not with the App Store operator (e.g., Apple Inc. or Google Inc.).
The App Store operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
You agree to comply with all applicable third-party terms of service when using the Platform. The App Store operator and its subsidiaries are third-party beneficiaries of these Terms and will have the right to enforce these Terms against you.
Disclaimers
Intellectual Property
The Platform and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Soult Digital Private Limited and its licensors. The Platform is protected by copyright, trademark, and other laws of both India and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Soult. You are granted a limited, non-exclusive, non-transferable license to use the Platform in accordance with these Terms.
If you believe that your intellectual property rights have been infringed upon by our users' content, please notify us at support@soultdigital.com
Third Party Content
Our Platform may contain links to third-party web sites or services that are not owned or controlled by Soult. We may also display content, promotions, or advertisements from third parties.
Soult has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Soult 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 web sites or services.
Governing Law
These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions.
You agree to submit to the personal and exclusive jurisdiction of the courts located in Mangalore, Karnataka, India to resolve any dispute or claim arising from these Terms.
Grievance Redressal
In accordance with the Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below. If you have any questions, complaints, or claims with respect to the Platform, please contact us:
Door No. 2-1-111/1, Soult Building, Kodialbail
Mangalore, Karnataka, India - 575003
Communications
By creating an Account, you consent to receive electronic communications from us. These communications may include notices about your Account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us.
For any questions about these Terms, please contact us at support@soultdigital.com
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Soult regarding our Platform, and supersede and replace any prior agreements we might have had between us regarding the Platform.
