Terms of Service

Please read these terms carefully before using Be Sure They Know. By creating an account or using the platform, you agree to be bound by these terms. If you do not agree, do not use the platform.

Be Sure They Know (“the platform”, “the service”) is operated by Golden Pond Investments Inc. (“Golden Pond”, “we”, “us”, “our”), a company incorporated under the laws of its jurisdiction of registration. All rights in the platform, its content, software, and brand are owned by Golden Pond Investments Inc.

1. What the platform is

Be Sure They Know is a personal legacy planning platform. It provides tools to help you record your healthcare wishes, personal messages, life story, important practical information, trusted contacts, and document locations — and to share that information with the people you choose, on the terms you choose.

2. Your account

You must be at least 18 years old to create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. If you believe your account has been compromised, contact us immediately at hello@besuretheyknow.com.

You must provide accurate information when creating your account. You may not create an account on behalf of another person without their knowledge and consent.

3. Acceptable use

You agree not to use the platform to:

• Violate any applicable law or regulation
• Record content that is defamatory, harassing, or unlawful
• Attempt to gain unauthorised access to other users’ accounts or data
• Introduce malicious code, viruses, or automated scripts
• Use the platform for any commercial purpose other than managing your own personal plan
• Reverse engineer, decompile, or attempt to extract the source code of the platform
• Resell, sublicence, or make the platform available to third parties as a service

We reserve the right to suspend or terminate accounts that violate these terms.

4. Subscriptions and billing

The Essentials plan is free. The Pro plan is a paid subscription billed through Systeme.io.

Billing

• Subscriptions are billed in advance on a monthly or annual basis, as chosen at purchase
• All prices are displayed in USD unless otherwise stated
• Renewal charges are applied automatically at the start of each billing period
• Billing is handled by Systeme.io. Golden Pond Investments Inc. does not store your payment card details

Cancellation

• You may cancel your subscription at any time via Systeme.io or by contacting us
• On cancellation, your account moves to the Essentials plan at the end of the current billing period. Your content is preserved
• We do not provide refunds for unused time on monthly subscriptions, except as stated in our Refund Policy

5. Your content

You own the content you create on the platform. By using the platform, you grant Golden Pond Investments Inc. a limited, non-exclusive licence to store, process, and transmit your content solely to provide the service to you. We do not claim any ownership rights over your personal records, messages, or stories.

You are responsible for the accuracy and appropriateness of the content you record. You warrant that you have the right to record any content you submit and that it does not infringe the rights of any third party.

You can export a copy of all your content at any time from the Export page. If you delete your account, your content will be deleted in accordance with our Privacy Policy.

6. Intellectual property

All rights in the Be Sure They Know platform, including its design, software, trademarks, brand identity, and all content created by Golden Pond Investments Inc. (excluding content you create), are the exclusive property of Golden Pond Investments Inc. All rights reserved.

The Be Sure They Know name, logo, and brand are trademarks of Golden Pond Investments Inc. You may not use them without our written permission.

Nothing in these terms grants you any ownership rights in the platform or its underlying technology.

7. Availability and changes to the service

We aim to keep the platform available at all times but do not guarantee uninterrupted access. We may perform maintenance, apply updates, or experience outages outside our control. We will endeavour to notify you in advance of planned maintenance where possible.

We reserve the right to modify, suspend, or discontinue any part of the platform at any time. If we make a material change that negatively affects paid subscribers, we will provide reasonable advance notice and a pro-rata refund where applicable.

8. Disclaimer of warranties

The platform is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the platform will be error-free, secure, or continuously available.

9. Limitation of liability

To the maximum extent permitted by applicable law, Golden Pond Investments Inc. and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the platform, including but not limited to loss of data, loss of business, or loss of goodwill.

Our total aggregate liability for any claim arising under these terms shall not exceed the total amount you have paid to us in the twelve months preceding the claim, or CAD $100 if you have not made any payments.

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

10. Indemnification

You agree to indemnify and hold Golden Pond Investments Inc. and its officers, directors, employees, and agents harmless from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the platform, your content, or your violation of these terms.

11. Governing law

These terms are governed by and construed in accordance with the laws of the jurisdiction in which Golden Pond Investments Inc. is incorporated, without regard to conflict of law principles. Any dispute arising under these terms shall be subject to the exclusive jurisdiction of the courts of that jurisdiction, unless otherwise required by law in your location.

12. Changes to these terms

We may update these terms from time to time. If we make material changes, we will notify you by email or by displaying a prominent notice in the platform at least 14 days before the changes take effect. Continued use of the platform after the effective date constitutes acceptance of the updated terms. If you do not agree to the updated terms, you should close your account before the effective date.

13. Entire agreement

These terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Golden Pond Investments Inc. with respect to your use of the platform and supersede all prior agreements and understandings.