Effective Date: May 11, 2026
Welcome to AreYouAlive ("Service," "we," "us," or "our"), a California-based service. By accessing or using the Service at areyoualive.today and any associated applications, you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
AreYouAlive is a "dead man's switch" service. It works by periodically checking in with you via SMS or email on a schedule you configure. If you fail to respond to check-ins within a configurable window, the Service will automatically deliver prewritten messages — including any file attachments — to contacts you have designated. The Service is designed to help you communicate important information to people you care about in the event that you become unreachable, incapacitated, or pass away.
You must be at least 18 years of age to use AreYouAlive. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. This age requirement exists because the Service deals with end-of-life planning and sensitive personal communications.
To use AreYouAlive, you must create an account with accurate and complete information. You are responsible for:
Because the Service relies on reaching you via SMS or email, maintaining accurate and current contact information is essential to its proper functioning. We are not responsible for failed check-ins or unintended message deliveries resulting from outdated or incorrect account information.
AreYouAlive offers two subscription tiers:
Free Tier includes:
Premium Tier ($36/year when billed annually) includes:
All payments are processed securely through Stripe. Premium subscriptions are billed on the billing cycle you choose and will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method on file for recurring subscription fees. Prices are subject to change, but we will notify you via email at least 30 days before any price increase takes effect.
If your payment fails, we will attempt to notify you and provide a reasonable grace period to update your payment information. If payment is not resolved, your account may be downgraded to the Free Tier. Upon downgrade, any contacts or messages exceeding Free Tier limits may become inaccessible until you either upgrade again or remove the excess data. Stored files require Premium and may be retained only for a limited downgrade grace period before deletion unless you renew Premium.
You may cancel your Premium subscription at any time. Upon cancellation, your access to Premium features will remain active through the end of your current paid billing period. No refunds or partial credits will be issued for unused time. Cancellation takes effect at the end of the billing cycle, and your account will be downgraded to the Free Tier at that time.
AreYouAlive is a communication tool. It is not a will, trust, legal document, power of attorney, advance healthcare directive, or substitute for any form of estate planning. Messages delivered through AreYouAlive carry no legal weight or authority.
The Service does not provide legal advice and should not be relied upon for the distribution of assets, the execution of legal wishes, or any matter that requires a legally binding document. If you need to create a will, trust, or other legal instrument, you should consult a qualified attorney. AreYouAlive is intended to supplement — not replace — proper legal and estate planning.
We make reasonable commercial efforts to deliver your messages to your designated contacts when triggered. However, we cannot and do not guarantee that messages will be delivered successfully, completely, or in a timely manner. Message delivery depends on third-party systems and infrastructure beyond our control, including but not limited to:
You acknowledge that no messaging system is 100% reliable, and you accept the inherent risk that some or all of your messages may not be delivered. You should not rely on AreYouAlive as your sole means of communicating critical information. We strongly recommend maintaining alternative methods of sharing important information with your loved ones.
You retain full ownership of all content you create, upload, or store through AreYouAlive, including messages, file attachments, and contact information ("User Content"). By using the Service, you grant us a limited, non-exclusive license to store, process, and transmit your User Content solely for the purpose of operating the Service — specifically, storing your messages and delivering them to your designated contacts when triggered.
You are solely responsible for the content of your messages and attachments. You represent and warrant that:
The Service offers optional end-to-end encryption for messages. If you enable encryption, we will not have the ability to read the contents of your encrypted messages. You are responsible for managing your encryption keys; if you lose access to them, we cannot recover your encrypted content.
You agree not to use AreYouAlive to:
We reserve the right to review and remove content, and to suspend or terminate accounts, if we reasonably believe a violation of these terms has occurred.
AreYouAlive respects intellectual property rights and expects users to do the same. If you believe that content stored or transmitted through the Service infringes your copyright, you may send a Digital Millennium Copyright Act ("DMCA") notice to our copyright agent at:
Copyright Agent
AreYouAlive
Email: help@areyoualive.today
Your notice should include the copyrighted work you claim has been infringed, the material you claim is infringing and enough information for us to locate it, your contact information, a statement that you have a good-faith belief that the disputed use is not authorized, a statement under penalty of perjury that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner, and your physical or electronic signature.
If we receive a valid DMCA notice, we may remove or disable access to the allegedly infringing material, notify the user who provided it where appropriate, and process any counter-notification that complies with applicable law. We may suspend or terminate accounts of users who repeatedly infringe copyrights or other intellectual property rights.
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in the Privacy Policy.
By You: You may cancel your account at any time through your account settings or by contacting us at help@areyoualive.today. Upon cancellation:
By Us: We may suspend or terminate your account at any time, with or without notice, if we reasonably believe that you have violated these Terms or engaged in conduct that is harmful to other users, our business, or third parties. In the event of termination for violation:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AREYOUALIVE, ITS OPERATOR, AFFILIATES, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU ARE ON THE FREE TIER AND HAVE PAID NOTHING, OUR MAXIMUM LIABILITY TO YOU IS ZERO DOLLARS ($0).
You acknowledge that the nature of a dead man's switch service involves inherent uncertainties, and that the limitations set forth in this section reflect a reasonable allocation of risk between you and us. These limitations apply regardless of the legal theory on which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise, and even if we have been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless AreYouAlive, its operator, and any affiliated parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT:
We reserve the right to modify these Terms at any time. When we make changes, we will update the "Effective Date" at the top of this page and notify you via the email address associated with your account. Material changes will be communicated at least 30 days before they take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Service and cancel your account.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction of such courts.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and AreYouAlive regarding your use of the Service. These Terms supersede all prior agreements, understandings, and communications, whether written or oral, regarding the subject matter herein.
If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at:
AreYouAlive Support
Email: help@areyoualive.today