Terms of Use
1. About these Terms
These Terms of Use (“Terms”) govern your access to and use of the Letter of Wishes website and related services at letterofwishes.app (the “Service”). The Service is operated by Ryan McMillan trading as “Exactly That” (ABN 25 733 940 257) (“we”, “us”, “our”).
By accessing or using the Service, and (where we ask you to) by ticking to accept these Terms when you create an account or make a payment, you agree to be legally bound by these Terms. If you do not agree, you must not use the Service.
The Service is available internationally. It is designed around the concept of a “letter of wishes” as used in Australia, the United Kingdom, and other jurisdictions with similar estate-planning practices. It may not be suitable or legally recognised in every country, and you are responsible for determining whether it is appropriate for your circumstances and location.
2. What the Service is: important disclaimer
The Service helps you create a “letter of wishes”: an informal, personal document that records your wishes and is intended to sit alongside a Will.
A letter of wishes created using the Service is not a Will and is not a legally binding document. It is not intended to replace professional estate-planning arrangements, including a Will, trust documents, powers of attorney, advance health directives, or any other legally binding document, and it does not create legally enforceable rights or obligations. It does not revoke, replace, amend, or override any Will or other legal document. Any document you generate is a statement of your wishes only, and your family, executors, or any other person may or may not act on it.
3. Not legal, financial, or professional advice
The Service, and any content, questions, templates, or guidance provided through it, do not constitute legal, financial, taxation, estate-planning, or other professional advice, and must not be relied on as such. We are not a law firm and we do not provide legal services.
You should obtain advice from a qualified solicitor or other professional about your Will and your specific circumstances. Using the Service does not create a solicitor-client or any other professional relationship between you and us.
4. Your responsibility for your letter
You are solely responsible for the content, accuracy, completeness, and lawfulness of anything you enter into or generate using the Service. You are responsible for reviewing, updating, storing, and safeguarding your letter, and (where appropriate) for printing, dating, or signing it, including storing it alongside your Will and ensuring the relevant people know it exists and where to find it.
We do not verify, review, or endorse any content, and we are not responsible for whether your letter is located, read, understood, acted upon, or given effect by any person.
5. Eligibility
You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use the Service. The Service is not intended for children.
6. Accounts, security, and access after death
To save your letter across devices you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account, and you must notify us promptly of any unauthorised use.
We do not provide “legacy”, “next of kin”, or inheritance access to accounts, and we do not transfer account ownership or content to any third party (including family members or executors) on the death or incapacity of a user, except where we are required to do so by a valid court order or by law. You should not rely on the Service as the means by which others will access your wishes; a letter is intended to be exported and stored by you.
7. Your content and export
You retain ownership of the content you create (“Your Content”). You grant us a limited, non-exclusive, royalty-free licence to host, store, process, and display Your Content solely to operate and provide the Service to you.
Once a letter or PDF has been exported, downloaded, printed, or shared outside the Service, you are solely responsible for its distribution, storage, security, and any consequences arising from access to it by any person.
You must not enter passwords, PINs, full financial account numbers, or other credentials into the Service. You are responsible for ensuring you have the right to include any other person’s personal information (such as names of family members, recipients, executors, carers, or contacts) in Your Content.
8. Acceptable use and licence
We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your own personal, non-commercial purposes. You must not:
- use the Service for any unlawful, harmful, or fraudulent purpose;
- copy, modify, distribute, sell, sublicense, reverse engineer, or create derivative works from the Service;
- interfere with or disrupt the Service or its security, or attempt to gain unauthorised access to it;
- upload or transmit malicious code; or
- use the Service to store or transmit content that is unlawful, infringing, defamatory, or that violates the rights of any person.
9. Pricing and changes to pricing
Access to the Service is currently offered free of charge. We may introduce fees for some or all features in the future.
We may change our pricing at any time. Any fees will be made clear to you before you incur them, and we will not retrospectively charge you for a feature that was provided free at the time you used it. Where any free or discounted access is offered, it is personal to you, non-transferable, may be conditional on you maintaining an account, and may be varied or withdrawn in accordance with these Terms and applicable law.
Where we offer any specific promotional terms (for example, free access for users who sign up before a stated date), we will honour those terms in accordance with what we communicate to you at the time of the offer.
10. Payments and refunds
Where fees apply, payments are processed by our third-party payment provider, Stripe. By making a payment you also agree to Stripe’s terms, and you are responsible for providing accurate billing information.
Except to the extent required by the mandatory consumer law that applies to you (see clause 14), refunds may not be available once a product or service has been supplied to you, other than where the law requires it or where we choose to provide one.
If you have a statutory right to cancel a purchase (such as a “cooling-off” or distance-selling cancellation right available to consumers in some jurisdictions), that right may be lost once we have begun, with your consent, to supply digital content or services to you. Where you ask us to make a digital product or service available immediately, you acknowledge that you may lose any such cancellation right once supply has begun.
11. Third-party services and links
The Service relies on and links to third-party services, including Stripe (payments), Supabase (authentication, database, and hosting), Google (analytics), and our contact-form provider. These operate under their own terms and privacy policies. The Service may also refer or link to our companion product, Who Gets What.
We are not responsible for third-party services, websites, or content, and your use of them is at your own risk and subject to their terms.
12. Availability
The Service is provided on an “as is” and “as available” basis. We do not warrant that it will be uninterrupted, error-free, or secure, or that content will be preserved, backed up, or available at all times. We may modify, suspend, or discontinue all or part of the Service at any time.
13. Disclaimers
To the maximum extent permitted by law, and subject to clause 14, we exclude all representations, warranties, and guarantees of any kind, whether express or implied, in relation to the Service, including as to accuracy, reliability, fitness for a particular purpose, and non-infringement.
14. Your consumer rights
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the mandatory consumer law that applies to you and that cannot lawfully be excluded, restricted, or modified. This includes, for example, the Australian Consumer Law for consumers in Australia and the Consumer Rights Act 2015 for consumers in the United Kingdom, as well as equivalent laws in other jurisdictions.
Where our liability for a failure to comply with such a guarantee or right can be limited by law, our liability is limited, at our option and to the extent permitted, to supplying the services again or paying the cost of having them supplied again.
15. Limitation of liability
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable law.
Subject to the paragraph above and to clause 14, and to the maximum extent permitted by law:
- we (and our owner, contractors, and suppliers) will not be liable for any indirect, incidental, special, consequential, or punitive loss, or for any loss of data, profits, revenue, goodwill, or opportunity, arising out of or in connection with the Service or these Terms, however caused; and
- our total aggregate liability arising out of or in connection with the Service or these Terms is limited to the greater of (i) the total amount you paid us for the Service in the 12 months before the relevant claim, and (ii) AUD $10.
16. Indemnity
To the maximum extent permitted by law, you are responsible for, and will indemnify us (Ryan McMillan and Exactly That) against, claims, liabilities, losses, damages, costs, and expenses (including reasonable legal costs) to the extent they arise from Your Content, your breach of these Terms, your unlawful use of the Service, or your infringement of the rights of any other person.
This clause does not apply to the extent the relevant loss was caused by our own breach, negligence, or unlawful conduct, and nothing in it requires you to indemnify us in a way that is not permitted by the consumer or unfair-contract-terms laws that apply to you.
17. Suspension and termination
We may suspend or terminate your access to the Service where you have breached these Terms or misused the Service, or where we are required to do so by law or to protect the security or integrity of the Service or other users. We will give you reasonable notice where it is practical and appropriate to do so; in serious cases, or where notice is not practical, suspension or termination may take effect immediately.
You may stop using the Service, and close your account, at any time. Clauses which by their nature should survive termination will survive.
18. Changes to these Terms
We may update these Terms from time to time. Where a change is material, we will take reasonable steps to bring it to your attention (for example, by a notice on the Service or, where you have an account, by email). Changes take effect when published on the Service, and your continued use of the Service after that time constitutes acceptance of the updated Terms. If you do not agree to a change, you should stop using the Service.
19. Severability and entire agreement
If any provision of these Terms is found to be invalid or unenforceable, it will be read down or severed to the minimum extent necessary, and the remaining provisions continue in full effect. These Terms constitute the entire agreement between you and us in relation to the Service.
20. Governing law and jurisdiction
These Terms are governed by the laws of Queensland, Australia, and you agree that the courts of Queensland (and the courts hearing appeals from them) have jurisdiction to hear disputes arising from them.
Nothing in this clause deprives you of the protection of any mandatory consumer laws of your country of residence, or of any right you may have under those laws to bring proceedings in, or rely on the mandatory laws of, the country in which you live.
21. Contact
You can contact us about these Terms through our contact page.