Terms of Service

1. Acceptance of Terms

By accessing or using While I Can ("the Service"), 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. We reserve the right to update these Terms at any time. Continued use after changes constitutes acceptance of the revised Terms.

2. Description of Service

While I Can allows users to write encrypted letters intended for delivery to a designated recipient at a future time. The Service also provides tools for documenting funeral wishes, organizing personal affairs, and documenting funeral wishes. While I Can does not provide legal, medical, financial, or therapeutic advice.

3. Eligibility

You must be at least 18 years of age to create an account. By registering, you represent and warrant that you meet this requirement and that all information you provide is accurate and complete.

4. User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access. While I Can is not liable for losses resulting from unauthorized use of your account.

5. Prohibited Content

You agree that any content you create, upload, or transmit through the Service must not contain:

• Suicide notes or expressions of intent to self-harm
• Threats of violence or harm toward any person
• Instructions for illegal activity
• Content intended to harass, intimidate, or abuse the recipient
• Content that exploits minors in any way

While I Can uses end-to-end encryption and cannot routinely review letter content. However, you acknowledge and agree that we reserve the right to take action, including account termination, content removal, and cooperation with law enforcement, if we become aware of violations of this section through any means, including but not limited to user reports, legal requests, or automated safety systems.

6. Suicide and Self-Harm Policy

While I Can is not a crisis intervention service. The Service is designed for heartfelt, personal letters to loved ones. It is explicitly not intended for suicide notes, expressions of intent to self-harm, or any content that encourages another person to harm themselves.

If we have reason to believe that content submitted through the Service constitutes a credible threat of self-harm or harm to others, we may, at our sole discretion, report the matter to the appropriate authorities and take any action we deem necessary, including disclosure of account information.

7. Threats and Harm to Others

Content that threatens, incites, or facilitates violence against any individual or group is strictly prohibited. This includes direct threats, veiled threats, instructions for causing harm, and content designed to intimidate, stalk, or harass a recipient. Violations will be reported to law enforcement and may result in immediate and permanent account termination.

8. Encryption and Privacy

Letters are encrypted using AES-256-GCM before storage. While I Can does not have the ability to read the contents of encrypted letters under normal operation. By using the Service, you understand that encryption is not a license to transmit prohibited content and that legal obligations, including lawful court orders, may require disclosure of information within our control.

9. Letter Retrieval and the 7-Day Safety Window

When a retrieval code is used, the letter author is notified via email and text. The author has 7 days to decline the retrieval. If the author does not respond within this period, the letter is automatically delivered to the requester. While I Can is not responsible for the emotional impact of delivered content. Recipients acknowledge this before retrieval.

10. Intellectual Property

You retain ownership of all content you create through the Service. By submitting content, you grant While I Can a limited, non-exclusive license to store, encrypt, and transmit that content solely for the purpose of providing the Service. We do not claim ownership of your letters or personal data.

11. Payments

While I Can is currently provided free of charge. We do not process payments or store any payment information at this time. If we introduce paid features in the future, we will update these Terms and provide clear pricing and refund information before any charge applies.

12. Account Termination

We may suspend or terminate your account at any time, with or without notice, if we reasonably believe you have violated these Terms. Upon termination, your right to use the Service ceases immediately. We may, but are not obligated to, delete your data upon termination. You may also request account deletion at any time by contacting us.

13. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. While I Can does not warrant that the Service will be uninterrupted, error-free, or secure. We do not guarantee the delivery of any letter or the accuracy of any information provided through the Service.

14. Limitation of Liability

To the maximum extent permitted by law, While I Can, its owners, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Service. Our total liability for any claim shall not exceed the amount you paid to us in the 12 months preceding the claim.

15. Indemnification

You agree to indemnify and hold harmless While I Can and its affiliates from any claims, damages, losses, or expenses arising from your use of the Service, your content, or your violation of these Terms.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States. Any disputes arising under these Terms shall be resolved in the courts of competent jurisdiction.

17. Cooperation with Law Enforcement

While I Can will cooperate with law enforcement agencies in connection with any investigation related to prohibited content, threats of violence, self-harm, exploitation of minors, or any other illegal activity. This may include disclosure of account information, IP addresses, timestamps, and any other data within our control, as required by law or in response to valid legal process.

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

19. Contact

If you have questions about these Terms, or need to report a concern, please contact us at support@whileican.com.