Background
A.These Terms of Service govern access to and use of the Lyff digital vault platform and associated services.
B.Lyff currently provides a knowledge-base support chatbot and may provide a paid human concierge service using video instructions and demonstration materials.
C.Neither the knowledge-base support chatbot nor the human concierge has access to a subscriber’s Vault Contents.
1. Introduction and acceptance
1.1These Terms of Service (Terms) constitute a legally binding agreement between you (you, your or subscriber) and Such is Lyff Pty Ltd (ACN 701 483 954) trading as Lyff (Lyff, we, us or our) governing your access to and use of the Lyff platform, website and associated services (collectively, the Platform).
1.2By creating an account, clicking “I agree”, or otherwise accessing or using the Platform, you acknowledge that you have read, understood and agree to be bound by:
(a)these Terms;
(b)the Privacy Policy available at lyff.com.au/privacy;
(c)the Refund and Cancellation Policy available at lyff.com.au/refunds;
(d)the Lyff Account Lifecycle Policy available at lyff.com.au/policy;
(e)your selected plan details; and
(f)any additional terms expressly accepted by you through the Platform.
1.3If you do not agree to these Terms, you must not access or use the Platform.
1.4These Terms apply, as relevant, to:
(a)subscribers and account holders;
(b)Guardians and Custodians who accept invitations through the Platform;
(c)Future Message recipients to the extent they interact with the Platform;
(d)marketplace partners listed on the Platform; and
(e)visitors to lyff.com.au.
1.5Lyff is a technology platform and is not a legal, financial, tax, medical, psychological or estate-planning adviser.
1.6Nothing in these Terms, on the Platform, in the knowledge-base support chatbot or in the human concierge service constitutes legal, financial, tax, medical, psychological or estate-planning advice.
1.7Storing a document on the Platform does not execute, register, witness, validate or otherwise make that document legally effective. For example, storing a will does not execute the will.
2. Eligibility and account requirements
2.1To create an account and use the Platform, you must:
(a)be at least 18 years old;
(b)be an Australian resident or have a legitimate need to use an Australian-hosted digital vault service;
(c)have legal capacity to enter into a binding contract; and
(d)provide accurate, current and complete registration information.
2.2By creating an account, you represent and warrant that you meet the requirements in clause 2.1.
2.3You must keep your account information accurate and current.
2.4You may not create multiple accounts or transfer your account to another person, except with Lyff’s prior written consent or through a process expressly permitted by these Terms.
2.5You are responsible for activity conducted through your account, except to the extent that the activity results from Lyff’s breach, negligence, fraud, wilful misconduct, security failure or failure to comply with applicable law.
2.6You must notify Lyff promptly if you become aware of unauthorised use of your account.
2.7Lyff does not routinely require a subscriber to complete consumer identity verification merely to create or use an account. Lyff may require identity verification where reasonably necessary for account security, recovery, fraud prevention, a serious account or security dispute, compliance with law, or another high-risk action. Lyff will seek to collect no more identity information than reasonably necessary for the relevant purpose.
2.8Lyff may suspend or terminate an account where it reasonably believes that the eligibility requirements are not met, subject to clause 27.
3. The Platform and its features
3.1Subject to your selected plan, the Platform may include:
(a)My Vault, an encrypted storage service for personal documents, financial records, legal documents, medical information, wishes, account details and other information;
(b)item-level sharing controls that allow an eligible paid subscriber to keep an item Private, Share Now with their nominated Guardian or Custodian, or create a Release Later instruction for their nominated Guardian or Custodian;
(c)Lyff Guardians, which allow an eligible paid subscriber to nominate a trusted personal contact for Recovery Assistance and, where selected by the subscriber, Incapacity / Passing release;
(d)Lyff Custodians, which allow an eligible paid subscriber to nominate a trusted professional contact for Recovery Assistance and, where selected by the subscriber, Incapacity / Passing release;
(e)Future Messages, which allow an eligible paid subscriber to create messages or supported files for delivery to an email address selected by the subscriber on a specified future date;
(f)Lyff Check-In, a reminder feature intended to help subscribers keep their Lyff information current;
(g)the Partner Marketplace, a directory of professional service providers;
(h)an activity log accessible through your account;
(i)a knowledge-base support chatbot; and
(j)a paid human concierge service, where available under your selected plan or as an additional service.
3.2Features available to you depend on your subscription plan. Current plan details are available at www.lyff.com.au/pricing.
3.3Lyff may update feature availability in accordance with clause 32.
3.4My Vault is private storage by default. An individual item may remain Private or, where the Platform permits, be made available under Share Now or Release Later. Sharing or future release is an instruction applied by the subscriber to an individual item and does not convert the subscriber’s vault into a shared vault.
3.5A Guardian or Custodian appointment does not itself give that person access to Vault Contents. Access arises only where the subscriber separately uses Share Now for an item or creates a Release Later instruction under these Terms.
3.6Except for identity and acknowledgement measures expressly described in these Terms, Lyff does not independently assess the suitability of a Guardian or Custodian. You are responsible for selecting and keeping appropriate people current.
3.7The relationship between you and a Guardian or Custodian exists independently of Lyff. Lyff provides technical access controls but is not a party to any separate professional, fiduciary, family or personal relationship between you and that person.
3.8Lyff does not routinely manually review, edit, censor or approve Future Message content. Lyff may apply proportionate automated checks to written message text for safety, security and acceptable-use purposes as described in clause 17. You are responsible for ensuring that the content is lawful and appropriate.
4. Account registration and security
4.1When you register, you must provide your legal or preferred name, email address, password and any other information reasonably required for account administration.
4.2Multi-factor authentication is mandatory for subscriber, Guardian and Custodian accounts where those roles access protected Platform functions. Lyff may require fresh multi-factor authentication before sensitive actions, including security changes, release-instruction changes and other high-risk actions.
4.3You are responsible for:
(a)keeping your password, multi-factor authentication credentials and Recovery Key secure;
(b)notifying Lyff promptly of suspected unauthorised access;
(c)maintaining access to your registered email address; and
(d)keeping your registered email address and telephone number current.
4.4Lyff will not ask you to provide your password, Recovery Key or multi-factor authentication codes by email or telephone.
4.5Communications requesting that information should be treated as potentially fraudulent and reported to Lyff.
4.6When you establish your vault, Lyff may generate or provide a Vault Recovery Key or equivalent recovery mechanism for restoring access to encrypted Vault Contents. Vault recovery is separate from ordinary account-access recovery such as password reset or multi-factor authentication recovery.
4.7You should securely store any Vault Recovery Key independently of the Platform and keep any multi-factor authentication backup codes separately and securely.
4.8Lyff does not store a Vault Recovery Key in a form that allows Lyff to provide the readable key to you, except to the extent a different technical design is expressly disclosed before use.
4.9Account-access recovery and vault recovery are separate processes. Password reset or multi-factor authentication recovery does not, by itself, decrypt Private Vault Contents. Where supported by the Platform, Lyff may provide additional recovery options subject to authentication, security, identity verification where reasonably necessary, and audit logging. A Guardian or Custodian does not obtain independent authority to decrypt, view, download or control the subscriber’s Vault Contents merely by assisting with a supported recovery process.
5. Subscriptions, fees and billing
5.1Lyff provides the following plans:
(a)Free - one individual vault for 12 months from account creation, subject to the storage and usage limits displayed at www.lyff.com.au/pricing. Free does not include Guardians, Custodians, Share Now, Incapacity / Passing or Future Messages;
(b)Complete - one independently controlled paid vault, currently $12.99 per month, $129 per year or $599 for a prepaid 5-Year term;
(c)Complete Duo - two independently controlled Complete vaults under one billing arrangement, currently $20.99 per month, $209 per year or $999 for a prepaid 5-Year term; and
(d)Complete Circle - up to four independently controlled Complete vaults under one billing arrangement, currently $31.99 per month, $319 per year or $1,499 for a prepaid 5-Year term.
5.2All prices are in Australian dollars and include GST. Current pricing and applicable storage or usage limits are displayed at www.lyff.com.au/pricing when you subscribe.
5.3Each paid individual vault includes one Guardian and one Custodian and the paid features made available for Complete. Complete Duo and Complete Circle differ from Complete by the number of independently controlled paid vaults included, not by giving one member access to another member’s vault.
5.4Under Complete Duo and Complete Circle, the person who pays for the subscription controls billing but does not, merely because they pay, own, control or obtain access to another adult member’s account or Vault Contents.
5.5All individual vault holders must satisfy clause 2, including being at least 18 years old.
5.6Unused member places in Complete Duo or Complete Circle remain available for invitation during the active paid subscription period.
5.7Monthly subscriptions are billed on the same date each month. Annual subscriptions are billed on the subscription anniversary date.
5.8A 5-Year subscription is a one-off upfront payment covering five years of the selected Complete, Complete Duo or Complete Circle plan and does not automatically renew.
5.9Payment is processed through Stripe. By subscribing, you authorise Lyff to instruct Stripe to debit your nominated payment method. You must maintain accurate payment information and sufficient funds.
5.10If payment fails, Lyff may notify you, retry the payment, suspend access to paid features after reasonable notice and, if the failure remains unresolved, apply the account-lifecycle process in these Terms.
5.11The Free plan is available for 12 months from account creation.
5.12If you do not upgrade by the end of the Free plan period, your vault enters a 90-day read/export/upgrade grace period. During that period you may view and export Vault Contents and upgrade to an eligible paid plan, but cannot add, edit or replace Vault Contents or use paid functions unless access is restored through an eligible plan.
5.13Lyff will send reasonable reminder notices during the Free grace period. If you do not upgrade during that period, the vault and Vault Contents proceed to deletion under clauses 27 and 29. There is no continuing reduced Free-storage subset after the Free active period ends. Deletion remains subject to applicable legal preservation or retention requirements, valid litigation, regulatory, fraud, security or dispute holds, permitted retention of limited transaction, consent, verification and audit records, and Lyff’s protected backup deletion lifecycle.
5.14Refund and cancellation rights are set out in the Refund and Cancellation Policy and are subject to the Australian Consumer Law.
5.15Nothing in these Terms excludes, restricts or modifies a right, remedy, guarantee, warranty or condition that cannot lawfully be excluded, restricted or modified.
5.16Lyff may from time to time offer promotional pricing, discounts, trial periods, beta access or other special offers. Eligibility, offer periods, pricing, benefits, exclusions, renewal treatment and other conditions will be stated in the applicable dated offer terms.
5.17Where you accept or purchase a promotion or special offer, the applicable offer terms form part of your agreement with Lyff. To the extent of an inconsistency concerning that promotion, the specific offer terms prevail as provided in clause 39.12, subject to applicable law.
5.18Unless the applicable offer terms expressly state otherwise, a promotion or special offer cannot be combined, transferred or applied retrospectively. Beta participation may be subject to separate beta terms and does not authorise Lyff to commence a paid subscription without the participant’s affirmative agreement.
5.19Monthly and annual paid subscriptions renew automatically unless cancelled before the renewal date. Lyff will send an email reminder before an annual renewal.
5.20You may upgrade where the Platform permits. An upgrade may take effect immediately with any applicable pro-rata or other clearly disclosed charge. Complete Duo and Complete Circle cannot be downgraded to a lower plan during the current paid term. If you cancel, the existing paid plan remains active until the end of that paid term unless a different outcome is required by law or the Refund and Cancellation Policy. Any plan change available at renewal will be shown before you confirm it.
5.21If a plan change available at renewal would reduce storage, member places or other limits, Lyff will not automatically delete Vault Contents solely because of that change. You may be required to reduce usage or make other account changes before the lower plan can take effect.
5.22At the end of a 5-Year subscription, Lyff will provide reasonable advance notices explaining the expiry date, what will stop working and the available renewal or export options.
6. Vault contents and data ownership
6.1You retain ownership of all Vault Contents.
6.2By storing Vault Contents on the Platform, you grant Lyff a limited, non-exclusive and revocable licence to host, store, encrypt, transmit, back up and otherwise process Vault Contents solely as reasonably necessary to provide, secure, maintain and support the Platform and comply with applicable law.
6.3Lyff will not use Vault Contents:
(a)for advertising or behavioural profiling;
(b)to train machine-learning or artificial intelligence models;
(c)for an unrelated commercial purpose; or
(d)except as permitted by these Terms, the Privacy Policy, your instructions or applicable law.
6.4You are responsible for ensuring that:
(a)you have authority to upload and store your Vault Contents;
(b)your Vault Contents are lawful;
(c)your Vault Contents do not infringe intellectual property, privacy, confidentiality or other rights; and
(d)you have any consent or authority required to store and share personal or sensitive information concerning another person.
6.5Lyff does not verify or endorse the accuracy, completeness or legal validity of Vault Contents.
6.6A person who believes Lyff holds personal information about them through another subscriber’s vault may contact hello@lyff.com.au.
6.7Any response under clause 6.6 is subject to reasonable identity verification, applicable privacy law and the need to avoid disclosing another subscriber’s private information.
7. Support chatbot and human concierge
7.1Lyff may provide a knowledge-base support chatbot to assist users with general questions about Platform functions, setup steps, account features and Lyff’s published help materials.
7.2The knowledge-base support chatbot:
(a)provides general informational and administrative assistance only;
(b)does not access, retrieve, read, analyse, organise, alter or make decisions concerning Vault Contents;
(c)does not determine whether any item is uploaded, stored, shared, accessed, released, transferred or deleted;
(d)does not provide legal, financial, tax, medical, psychological or estate-planning advice; and
(e)may provide information that is incomplete, inaccurate or unsuitable for your circumstances.
7.3You remain responsible for:
(a)checking chatbot responses against your account settings, these Terms and Lyff’s published policies;
(b)deciding whether and how to act on any chatbot response;
(c)ensuring that information you provide through the chatbot is accurate and lawful; and
(d)obtaining independent professional advice where appropriate.
7.4You must not enter or upload any of the following into the knowledge-base support chatbot:
(a)Vault Contents;
(b)Recovery Keys, passwords or authentication codes;
(c)identity documents;
(d)medical or health records;
(e)financial account credentials;
(f)another person’s personal or sensitive information; or
(g)information that is not reasonably necessary to obtain general Platform support.
7.5Lyff may provide a paid human concierge service using video calls, video instructions, demonstrations, screen sharing or other support methods.
7.6The human concierge service is limited to general onboarding, administrative guidance and assistance with understanding how to use Platform functions.
7.7The human concierge service:
(a)uses dummy documents, demonstration materials or test information rather than Vault Contents;
(b)does not require, request or obtain access to Vault Contents;
(c)does not have access to Private items, Recovery Keys, passwords or authentication codes;
(d)does not make decisions about uploads, storage, access, sharing, release, transfer or deletion;
(e)does not execute, witness, validate, amend or interpret legal documents; and
(f)does not provide legal, financial, tax, medical, psychological or estate-planning advice.
7.8You must not disclose or display Vault Contents, Recovery Keys, passwords, authentication codes or other sensitive credentials during a concierge session.
7.9If information described in clause 7.8 is inadvertently disclosed or displayed, the concierge may pause or end the session and require you to remove the information from view before continuing.
7.10Lyff will require personnel providing the human concierge service to comply with applicable confidentiality, privacy and information-security obligations.
7.11Unless expressly stated in your selected plan or booking terms, concierge appointment availability, response times and guidance are not guaranteed service levels.
7.12Lyff will not record a concierge session unless:
(a)recording is reasonably necessary for a stated purpose;
(b)you are notified before recording begins;
(c)any consent required by law is obtained; and
(d)the recording is handled in accordance with the Privacy Policy.
7.13If Lyff later introduces an artificial intelligence-assisted feature that processes user-entered information or interacts with Vault Contents, Lyff will, before making that feature available:
(a)update these Terms and the Privacy Policy where required;
(b)explain the nature and purpose of the processing;
(c)disclose relevant third-party or overseas processing where required by law;
(d)apply appropriate privacy and security controls;
(e)prohibit use of Vault Contents for model training unless Lyff obtains separate, informed and legally valid authorisation; and
(f)obtain any consent or affirmative action required by law.
8. Beta testing, feedback and innovative contributions
8.1Lyff may invite selected users to test proposed, experimental or pre-release Platform functions, products or services as beta testers.
8.2Beta features may be incomplete, contain errors, change without notice or be withdrawn.
8.3You must not rely on a beta feature for the storage, release or delivery of important information unless Lyff expressly confirms in writing that the feature is suitable for production use.
8.4Except for Innovative Contributions under clause 8.9, you retain ownership of intellectual property rights you hold in feedback, suggestions, ideas, concepts, improvements or other materials that you voluntarily provide to Lyff in connection with beta testing or the Platform generally (Feedback).
8.5By providing Feedback, you grant Lyff a perpetual, irrevocable, worldwide, royalty-free, transferable and sublicensable licence to:
(a)use, reproduce, modify and adapt the Feedback;
(b)develop or commercialise products or services using the Feedback; and
(c)incorporate the Feedback into the Platform or any other Lyff product or service,
without payment, attribution or further approval.
8.6Lyff is not required to use or develop any Feedback.
8.7Lyff may already be considering or developing products, features or concepts that are the same as or similar to Feedback.
8.8Lyff’s use of Feedback does not create a partnership, employment, agency, fiduciary or joint-venture relationship between you and Lyff.
8.9An Innovative Contribution means an idea, concept, invention or improvement that:
(a)you conceive, develop or communicate specifically through your active participation in a formal beta-testing, early-access, feedback or user-research programme operated by Lyff;
(b)directly relates to the Platform, a beta feature presented to you or a defined research topic;
(c)is not part of your pre-existing intellectual property; and
(d)is not developed independently of that participation.
8.10You assign to Lyff all intellectual property rights in each Innovative Contribution as those rights arise.
8.11You consent, to the extent permitted by law, to Lyff and its licensees doing or omitting to do any act concerning an Innovative Contribution that might otherwise infringe your moral rights.
8.12You are not entitled to compensation, royalties, equity, ownership rights or attribution in connection with an Innovative Contribution unless Lyff agrees otherwise in writing before the contribution is provided.
8.13If an assignment under clause 8.10 is ineffective, you grant Lyff the licence described in clause 8.5 for that Innovative Contribution.
8.14This clause supplements any separate Beta Participation Agreement signed by you and Lyff. The signed Beta Participation Agreement prevails to the extent of inconsistency.
8.15You must not provide Feedback or an Innovative Contribution that:
(a)you do not have the right to provide, license or assign;
(b)contains another person’s confidential information or intellectual property without authority;
(c)is subject to an obligation that prevents Lyff from using it under this clause; or
(d)includes Vault Contents or unnecessary personal or sensitive information.
8.16This clause does not give Lyff ownership of:
(a)Vault Contents;
(b)unrelated intellectual property;
(c)pre-existing intellectual property;
(d)an invention developed independently of participation in a Lyff programme; or
(e)confidential information belonging to another person.
8.17Clause 6 continues to govern Vault Contents.
9. Guardians and Custodians
9.1A paid subscriber may nominate one Guardian and one Custodian for each paid individual vault.
9.2A Guardian is a trusted personal contact selected by the subscriber. A Custodian is a trusted professional contact selected by the subscriber.
9.3Before a Guardian or Custodian relationship becomes Active, the person must receive or be given access to the Terms applying to the role, accept the invitation through their own authenticated Lyff account or access state, expressly accept the confidentiality, security and lawful-use obligations applying to the role, and complete the verification requirements applicable to that role. A Guardian must complete the consumer identity-verification process required by Lyff. A Custodian must complete the professional or organisation verification process required by Lyff. Lyff may record the applicable Terms version and the date and time of acceptance.
9.4Lyff may use an integrated third-party identity-verification provider for Guardian verification and may use reasonable professional, business, registration, email-domain or organisation checks for Custodian verification. Lyff may change verification providers or methods where reasonably necessary for security, privacy, reliability or compliance.
9.5By nominating a Guardian or Custodian, you confirm that you are authorised to provide their contact details to Lyff and you instruct Lyff to invite them to the role.
9.6A Guardian or Custodian may receive access only where you separately use Share Now for an item, use a supported Recovery Assistance process, or designate an item for that person under Release Later.
9.7You may remove or replace a Guardian or Custodian through your settings while you retain control of your account. Removal stops unreleased future permissions and recovery capability to the extent technically supported and described by the Platform, and may revoke current Platform access. It cannot recall a copy already downloaded or information already lawfully released.
9.8Lyff will not automatically choose a replacement Guardian or Custodian or transfer a revoked person’s future assignments to another person. You are responsible for reviewing and reassigning affected instructions.
9.9Guardians and Custodians must keep accessed information confidential, use it only for the purpose for which access was granted, secure their credentials, not attempt to access unshared Vault Contents, and notify Lyff promptly of suspected unauthorised access or misuse.
9.10Lyff may suspend or revoke a Guardian’s or Custodian’s access where Lyff reasonably believes the person has breached clause 9.9, their account or identity is compromised, or suspension is reasonably necessary to protect the subscriber, another person or the Platform.
9.11A Lyff Guardian or Custodian is a Platform role only. It does not appoint the person as a legal guardian, attorney, executor, administrator, trustee, beneficiary, personal representative or other legal decision-maker.
9.12Items designated for Incapacity / Passing are released only in accordance with clauses 10 to 13.
9.13For the current service, Share Now is available only to the subscriber’s nominated Guardian or Custodian. It does not permit generic vault-item sharing to any email address.
9.14When using Share Now, the subscriber may choose the access level made available by the Platform, including View Only or View and Download. View Only is intended to prevent downloading through the Platform but cannot prevent a recipient from separately recording information they can lawfully view.
9.15A Share Now permission may continue until the subscriber removes access or, where selected, until an expiry date chosen by the subscriber. Expiry or revocation ends Platform access but cannot recall information already downloaded or otherwise lawfully retained by the recipient.
9.16Release Later is available only to the subscriber’s nominated Guardian or Custodian and may be configured for Incapacity, Passing or Both. Where both are selected, each condition remains a separate release condition under clauses 10 to 13.
9.17Release Later does not provide immediate access. A designated item is released only after the applicable request, evidence, notice, human review and approval process in clauses 10 to 13 has been completed.
9.18Generic share-by-email and scheduled or date-based vault-item sharing are not part of the current subscriber-facing service. Date-based sending to another email address is provided through Future Messages under clause 17.
9.19Lyff may retain underlying technical structures for features that are not currently offered, provided that those structures do not give a person access inconsistent with the subscriber-facing permissions and these Terms.
10. Release on Incapacity
10.1A request to release an item designated by the subscriber for Incapacity may be made only through Lyff by the accepted and Active Guardian or Custodian recorded by the subscriber for that item. The requesting person must have completed the verification requirements applicable to their role under clause 9.
10.2The requesting person must:
(a)authenticate through the access and multi-factor authentication process required by Lyff;
(b)complete any additional identity, authority, fraud-prevention or security checks reasonably required by Lyff;
(c)confirm that the request is accurate, current and authorised;
(d)provide the evidence required by clause 10.3; and
(e)provide any additional information reasonably required to verify the request.
10.3The request must include either:
(a)a medical certificate from a registered medical practitioner, dated no more than three months before the request, which names the subscriber and states that the subscriber is unable to manage their own affairs; or
(b)a certified copy of an applicable tribunal or court guardianship or administration order that names the subscriber and appears to remain in force.
10.4Lyff may prescribe reasonable requirements concerning the form, certification, translation, legibility, authenticity and secure submission of evidence.
10.5Before approving an Incapacity release, Lyff must take reasonable steps to:
(a)verify the requesting person’s Active role and confirm that the verification requirements applicable to that role have been completed;
(b)confirm that the subscriber recorded a standing release instruction for the designated item, recipient and condition;
(c)review the supporting evidence against the requirements of these Terms;
(d)verify a medical practitioner’s registration against the applicable public professional register where reasonably practicable;
(e)check that a tribunal or court order appears to be certified, current and applicable on its face;
(f)assess whether there is an apparent inconsistency, security concern, fraud indicator or competing instruction requiring a pause under clause 12; and
(g)obtain the approvals required by clause 13.5.
10.6Lyff’s review is an administrative and procedural review for Platform purposes. Lyff does not diagnose the subscriber, determine legal mental capacity or decide whether another person has legal authority beyond the recorded Platform instruction.
10.7If the preliminary requirements appear to be satisfied and Lyff has accepted the request into formal review, Lyff will send a formal release notice to the subscriber’s registered email address and telephone number and may use any other verified contact method Lyff reasonably considers appropriate. Lyff may also notify another current Guardian or Custodian of the existence of the request where reasonably appropriate for security, without disclosing the contents of the designated item.
10.8Unless applicable law or binding legal process requires otherwise, Lyff must not release the designated item until at least seven days after sending the formal release notice under clause 10.7. The seven-day period does not begin merely because a person submits a request or uploads evidence.
10.9During the notice period, the subscriber may stop the pending release by:
(a)authenticating through their account;
(b)using the secure cancellation method stated in the notice; or
(c)completing another identity-verified process reasonably required by Lyff.
Merely signing in to the subscriber's account does not, by itself, cancel the request.
10.10Lyff must not rely solely on an unauthenticated email, telephone call or message to approve or cancel an Incapacity release.
10.11If the subscriber validly stops or cancels the request, Lyff must not release the designated item under that request. A stopped request cannot simply resume after the notice period.
10.12A further Incapacity request following a subscriber cancellation will not be accepted unless the subscriber satisfies at least one of the following conditions:
(a)the request is supported by a certified tribunal or court order that Lyff reasonably accepts as relevant to the proposed release; or
(b)the request is accompanied by fresh evidence specifically addressing the subscriber's cancellation (including the reason for the cancellation and how it relates to the incapacity claim), and the request has been reviewed and approved by a designated senior officer of Lyff.
In every case, the later request must complete the full verification, evidence, notice and approval process again before any release is made.
10.13After the notice period, Lyff may approve the release only if:
(a)the subscriber has not cancelled the request;
(b)the requirements of these Terms have been satisfied;
(c)no release hold applies;
(d)Lyff has no reasonable grounds to suspect fraud, forgery, error, unauthorised access or an unauthorised disclosure; and
(e)the approval and audit requirements in clause 13.5 have been completed.
10.14A compliant request does not require Lyff to release an item where Lyff reasonably considers that additional verification, delay, refusal or compliance with a legal requirement is necessary to protect the subscriber, another affected person, Vault Contents or the Platform.
10.15If Lyff approves the request, Lyff will release only the items designated by the subscriber for that recipient and Incapacity. Lyff will not provide access to Private items, the subscriber’s account or any other Vault Contents.
11. Release on Passing
11.1A request to release an item designated by the subscriber for Passing may be made only through Lyff by the accepted and Active Guardian or Custodian recorded by the subscriber for that item. The requesting person must have completed the verification requirements applicable to their role under clause 9.
11.2The requesting person must satisfy the authentication, identity, security and confirmation requirements in clause 10.2.
11.3The request must include:
(a)a certified copy of the subscriber’s death certificate issued by an Australian Registry of Births, Deaths and Marriages; or
(b)if the subscriber died outside Australia, equivalent official evidence issued by the relevant authority, together with a certified English translation where reasonably required.
11.4Lyff may prescribe reasonable requirements concerning the form, certification, translation, legibility, authenticity and secure submission of evidence.
11.5Before approving a Passing release, Lyff must take reasonable steps to:
(a)verify the requesting person’s Active role and confirm that the verification requirements applicable to that role have been completed;
(b)confirm the subscriber’s recorded standing instruction for the designated item, recipient and condition;
(c)review the death certificate and identifying details against the requirements of these Terms;
(d)verify the issuing authority or certificate details where a reasonable verification method is available;
(e)assess whether there is an apparent inconsistency, security concern, fraud indicator or competing instruction requiring a pause under clause 12; and
(f)obtain the approvals required by clause 13.5.
11.6Lyff’s review is an administrative and procedural review for Platform purposes. Lyff does not independently determine the circumstances of death, probate, beneficial ownership or authority over the subscriber’s estate.
11.7If the preliminary requirements appear to be satisfied and Lyff has accepted the request into formal review, Lyff will send a formal release notice to the subscriber’s registered email address and telephone number and may use any other verified contact method Lyff reasonably considers appropriate. Lyff may also notify another current Guardian or Custodian of the existence of the request where reasonably appropriate for security, without disclosing the contents of the designated item.
11.8Unless applicable law or binding legal process requires otherwise, Lyff must not release the designated item until at least seven days after sending the formal release notice under clause 11.7. The seven-day period does not begin merely because a person submits a request or uploads evidence.
11.9During the notice period: (a) an authenticated subscriber may stop the pending release by using the secure Stop Release or equivalent cancellation function stated in the notice, or by completing another identity-verified cancellation process reasonably required by Lyff; (b) merely signing in to the subscriber's account does not, by itself, cancel the request; and (c) Lyff must pause, refuse or cancel the request where it establishes that the request is erroneous or unauthorised, receives credible information that the subscriber may be alive, identifies a material security or verification concern, or a release hold applies under clause 12. If the subscriber validly stops the request, Lyff must not release the designated item under that request.
11.10A later Passing request following a subscriber cancellation must be treated as a new request and must complete the applicable verification, evidence, notice and approval process again. Lyff may require additional evidence or legal authority where the circumstances of the earlier cancellation create a material inconsistency, security concern or dispute.
11.11After the notice period, Lyff may approve the release only if:
(a)the request has not been cancelled;
(b)the requirements of these Terms have been satisfied;
(c)no release hold applies;
(d)Lyff has no reasonable grounds to suspect fraud, forgery, error, unauthorised access or an unauthorised disclosure; and
(e)the approval and audit requirements in clause 13.5 have been completed.
11.12A compliant request does not require Lyff to release an item where Lyff reasonably considers that additional verification, delay, refusal or compliance with a legal requirement is necessary to protect the subscriber, another affected person, Vault Contents or the Platform.
11.13If Lyff approves the request, Lyff will release only the items designated by the subscriber for that recipient and Passing. Lyff will not provide access to Private items, the subscriber’s account or any other Vault Contents.
11.14Verification of Passing and release of designated items does not automatically close or delete the subscriber’s account. Retention and account closure remain governed by clauses 27 and 29.
12. General Incapacity and Passing release terms
12.1Lyff must record the subscriber’s release instruction, recipient, selected condition, authentication and relevant audit information.
12.2A release instruction applies only to the designated item, recipient and condition. It does not grant general vault access or legal authority over the subscriber, the account, Vault Contents, property or estate.
12.3The subscriber may revoke or amend a Release Later instruction before release by completing the authentication process required by Lyff, including fresh multi-factor authentication where required by the Platform. Revocation cannot recall information already released or downloaded.
12.4If Lyff receives a court order, injunction or other binding legal process concerning a release before it occurs, Lyff may pause, refuse or complete the release as required by that process.
12.5Private items are subscriber-only content. They are not available through Share Now, Guardian or Custodian appointment, Release Later, Future Messages or Recovery Assistance. Where the Platform uses subscriber-controlled or zero-knowledge encryption for a Private item, Lyff does not intentionally provide another Platform role with a means to decrypt that item.
12.6Nothing in these Terms represents that a Private item is exempt from lawful preservation or production requirements. Lyff will respond to binding legal process according to applicable law and its technical capability.
12.7Nothing in these Terms requires Lyff to create, decrypt, retrieve or produce information that Lyff does not possess or cannot technically access, except to the extent required by applicable law or binding legal process.
12.8Lyff Check-In has no role in determining Incapacity or Passing and cannot initiate, verify or authorise a release.
12.9Lyff may pause, refuse or cancel a release where it reasonably suspects:
(a)fraud, forgery, identity theft or unauthorised access;
(b)an inconsistency in identity, account records, instructions or supporting evidence;
(c)that the subscriber may be alive or able to manage their own affairs contrary to the request;
(d)that a person’s account, device, email address, telephone number or identity has been compromised;
(e)that the subscriber revoked or did not authorise the relevant instruction;
(f)that proceeding may cause an unauthorised disclosure of Vault Contents;
(g)that applicable law, binding legal process or a preservation obligation may affect the release; or
(h)another material privacy, security, authority or legal concern.
12.10While a release is paused, Lyff may:
(a)request additional identity, evidence or authority documents;
(b)contact the subscriber, requesting person, issuing authority or another person reasonably relevant to verification;
(c)use an independent verification service or specialist adviser;
(d)place a preservation hold on affected items;
(e)require the requesting person to repeat authentication or identity verification; and
(f)seek professional advice concerning the request.
12.11Lyff does not determine competing legal, family or beneficial claims, or disputed questions concerning probate, testamentary validity, mental capacity, beneficial ownership or competing legal authority.
12.12A claim or objection does not, by itself, require Lyff to pause a release unless:
(a)applicable law or binding legal process requires a pause; or
(b)the claim or objection gives Lyff reasonable grounds to act under clause 12.9.
12.13A release paused under this clause remains paused until:
(a)the relevant concern is resolved to Lyff’s reasonable satisfaction;
(b)Lyff receives sufficient binding legal authority or direction to proceed;
(c)Lyff is no longer legally required to maintain the pause;
(d)the subscriber validly cancels the request; or
(e)the requesting person withdraws the request.
12.14Lyff may refuse or cancel a request that remains unresolved for a reasonable period, provided Lyff preserves information where required by law or binding legal process.
12.15A pause, refusal or cancellation made reasonably and in good faith under this clause does not constitute a failure to deliver an item within an otherwise stated timeframe.
12.16Lyff must document material verification steps, decisions, approvals, holds and release outcomes through its case-management and audit systems.
12.17The requesting person must:
(a)provide complete and accurate information;
(b)not submit a forged, altered, misleading or unauthorised document;
(c)notify Lyff promptly if relevant information changes;
(d)keep all access credentials and released information secure; and
(e)use released information only for a lawful purpose.
12.18Lyff may require the requesting person to expressly acknowledge the obligations in clause 12.17 before completing the release.
13. Effect, delivery and limits of a release
13.1A release under clauses 10 to 12:
(a)provides the verified recipient with access only to the items designated by the subscriber for that recipient and condition;
(b)does not transfer ownership;
(c)does not grant access to the subscriber’s account, Private items or unshared Vault Contents;
(d)does not appoint the recipient to any legal, fiduciary or representative role; and
(e)does not establish that the recipient has authority to use the item outside the Platform.
13.2Before receiving an item, the recipient must complete any secure access, multi-factor authentication, acknowledgement or time-limited delivery process reasonably required by Lyff.
13.3Lyff may deliver a released item through an access-controlled method. Where the subscriber selected View Only, the Platform will not intentionally provide a download function for that permission. Where the subscriber selected View and Download, the recipient may download a copy. Lyff may expire or revoke Platform access where reasonably necessary for security, privacy or legal compliance, but cannot recall a copy already downloaded or otherwise lawfully retained.
13.4The recipient is responsible for determining whether separate legal authority is required before using a released item for a purpose outside the Platform.
13.5Before completing a release, Lyff must record:
(a)the requesting person’s verified identity and Active Guardian or Custodian status;
(b)the subscriber’s recorded standing instruction and designated item, recipient and condition;
(c)the documents and evidence reviewed;
(d)the applicable notice period and notices sent;
(e)any response, objection, cancellation or hold;
(f)the items approved for release;
(g)confirmation by an authorised Lyff staff member that the prescribed requirements and verification steps have been completed; and
(h)separate approval by an authorised Lyff manager.
13.6The review and approvals under clause 13.5 are administrative and procedural checks for Platform purposes. Lyff staff and managers do not, through those checks, diagnose or assess legal mental capacity, interpret a will, determine probate or testamentary validity, decide beneficial ownership, judge legal entitlement, or determine competing legal authority.
13.7Lyff may require probate, letters of administration, a tribunal or court order, or another authority document before:
(a)transferring control of an account;
(b)responding to conflicting instructions beyond the recorded standing instruction;
(c)dealing with the subscriber’s property or estate; or
(d)taking an action outside the item-level release process.
13.8Release of an item does not represent that:
(a)the item is current, complete, authentic, legally valid or enforceable;
(b)it is the original or authoritative version;
(c)the recipient has authority to rely on or act upon it; or
(d)the item is suitable for a particular purpose.
13.9Subject to the Australian Consumer Law and liability that cannot lawfully be excluded or limited, Lyff is not liable merely because it completes, pauses, refuses or cancels a release where Lyff:
(a)acts reasonably and in good faith;
(b)follows the material verification, notice, security and approval requirements in these Terms;
(c)relies on a document or record that appears genuine and regular on its face after reasonable verification;
(d)has no reasonable grounds to suspect fraud, forgery, error, unauthorised access or an unauthorised disclosure; and
(e)does not cause or contribute to the relevant loss through negligence, fraud, wilful misconduct, breach of privacy, breach of confidentiality or failure of its security or verification controls.
13.10Clause 13.9 does not exclude, restrict or modify:
(a)a consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified;
(b)liability for Lyff’s fraud or wilful misconduct;
(c)liability for Lyff’s negligence where it cannot lawfully be limited;
(d)liability arising from Lyff’s knowing unauthorised disclosure or use of Vault Contents; or
(e)liability arising from Lyff’s failure to follow the material release controls required by these Terms.
13.11Any liability arising from a release remains subject to clause 28 to the maximum extent permitted by law.
14. Lyff Check-In
14.1Lyff Check-In is an organisational reminder feature intended to help subscribers review whether their Lyff information remains current.
14.2Lyff may send Check-In reminders at intervals determined or made available by Lyff. The frequency may change as the Platform develops.
14.3A Check-In may invite you to review relevant Vault Contents, Guardian or Custodian details, Future Messages, account information or preparedness features available under your plan.
14.4Failure to respond to a Check-In does not indicate or establish death, incapacity, loss of legal capacity, an emergency or a need for a welfare check.
14.5Failure to respond to a Check-In does not release Vault Contents, deliver Future Messages, contact a Guardian or Custodian, initiate Recovery Assistance, change permissions or begin an Incapacity / Passing process.
14.6Lyff has no obligation to investigate your wellbeing, activity, safety or legal capacity merely because you do not respond to a Check-In.
14.7You remain responsible for keeping your account information and nominated Guardian and Custodian details current.
14.8Lyff Check-In is not an emergency, welfare, medical, monitoring or legal-capacity service.
15. Automated and administrative processes
15.1Lyff may use automated processes for routine Platform functions such as reminders, notifications, account administration, security controls and delivery queues.
15.2An automated process does not determine that a subscriber has died or lost capacity, decide who has legal authority to manage a subscriber’s affairs or estate, transfer ownership of information or property, or independently authorise an Incapacity / Passing release.
15.3A release under clause 10 or 11 requires the supporting evidence required by the applicable clause, human administrative review of the prescribed requirements and the release process in clause 13.5.
15.4Where applicable privacy law requires information about a substantially automated decision to be included in Lyff’s Privacy Policy, Lyff will provide the required disclosure.
15.5Nothing in this clause permits Lyff to use Vault Contents for artificial intelligence model training contrary to clauses 6, 7 or 23.
16. Conflicting instructions and disputes
16.1If Lyff receives inconsistent evidence or conflicting instructions concerning an account, Lyff may pause any pending access, deletion, account closure or other affected Platform action affected by the dispute.
16.2Conflicting instructions may include instructions from:
(a)the subscriber;
(b)an attorney acting under a power of attorney;
(c)a Guardian or Custodian;
(d)an executor or administrator;
(e)a guardian or administrator appointed by a tribunal or court;
(f)a person claiming a beneficial or proprietary interest; or
(g)another person claiming legal authority over the account or Vault Contents.
16.3Lyff may undertake reasonable human review of the documents and information provided, including by requesting additional or clarifying documents.
16.4Lyff may request:
(a)probate or letters of administration;
(b)a power of attorney;
(c)a guardianship or administration order;
(d)evidence that an authority remains in force;
(e)identity documents;
(f)a court or tribunal order; or
(g)other evidence reasonably relevant to the dispute.
16.5Lyff does not determine questions of:
(a)testamentary validity;
(b)probate;
(c)mental capacity;
(d)beneficial ownership;
(e)competing fiduciary duties; or
(f)the legal validity of an authority document beyond reasonable review for Platform purposes.
16.6Where a dispute cannot be resolved through Lyff’s review, Lyff may require the relevant parties to resolve it by agreement or through a court or tribunal before Lyff takes further action.
16.7Lyff will record its review and decision through its support case-management system before affected access, deletion or delivery proceeds.
16.8Nothing in this clause limits Lyff’s right or obligation to comply with binding legal process.
16.9This clause does not displace the specific Incapacity / Passing process in clauses 10 to 13. A release request may be paused, refused or cancelled in accordance with clause 12 and any applicable binding legal process.
17. Future Messages
17.1A Future Message is scheduled by the subscriber for delivery to an email address selected by the subscriber on a specified future date. The recipient does not need to be a Guardian or Custodian.
17.2You are responsible for providing and maintaining accurate recipient details and for having any consent or authority required by law to send the content. Lyff will make reasonable attempts to deliver the Future Message using the recipient details supplied by you.
17.3Lyff does not guarantee successful delivery where the recipient’s contact details are inaccurate, outdated, inactive or invalid; delivery is blocked by a service provider or recipient setting; the recipient fails to access the message; delivery would breach applicable law or these Terms; Lyff receives binding legal process affecting delivery; or a technical or security event prevents delivery despite reasonable steps. Lyff may record a delivery failure and, where practicable, notify you of the failure.
17.4Future Messages are separate from the Incapacity / Passing process and are not triggered by death, incapacity, Lyff Check-In or Guardian/Custodian activity under the current service.
17.5You may edit or cancel a Future Message before it is queued for delivery, subject to the functions made available by the Platform. Where a message is scheduled at least seven days in advance, Lyff may send a reminder before delivery inviting you to review the recipient details and confirm, edit or cancel the message. A reminder is an additional safeguard and does not transfer responsibility for the message to Lyff.
17.6You are solely responsible for the content of Future Messages.
17.7You must not create a Future Message that is unlawful, defamatory, fraudulent, discriminatory, harassing or threatening; infringes intellectual property, privacy, confidentiality or another legal right; facilitates fraud, identity theft, unauthorised access or illegal activity; contains malicious code; or otherwise breaches clause 19.
17.8Lyff may refuse, pause, hold or cancel delivery where it reasonably believes a Future Message breaches clause 17.7, presents a material security or abuse risk, or delivery is prohibited by law. Lyff may notify the subscriber where a message is held, refused or cancelled, except where notice would be unlawful or materially compromise security or an investigation.
17.9Lyff is not required to monitor or manually review Future Message content routinely. Lyff may use automated checks on written message text for configured prohibited or risk indicators. An automated flag may place a message on hold for further review or action but does not guarantee that all unlawful, harmful or inappropriate content will be detected. Under the current service, Lyff does not scan or transcribe audio, video or attachments for this purpose unless Lyff later discloses a changed process in accordance with applicable law and these Terms.
17.10To the extent permitted by law and subject to clause 28, Lyff is not responsible for the emotional, psychological, reputational or legal effect of lawful content created solely by the subscriber.
17.11Nothing in this clause excludes liability arising from Lyff’s unauthorised alteration of a Future Message, delivery to the wrong person due to Lyff’s failure to follow its security processes, breach of privacy or confidentiality obligations, negligence, fraud, wilful misconduct or liability that cannot lawfully be excluded.
17.12Where a Future Message is delivered by secure link, Lyff may impose a stated access period and notify the recipient of that period in the delivery communication.
17.13Lyff may delete delivered Future Message content after the stated access period in accordance with clause 29, subject to any preservation hold or applicable legal requirement.
18. Partner marketplace
18.1The Partner Marketplace is a directory of third-party professional service providers that may pay a listing fee to appear on the Platform.
18.2A listing does not constitute a representation, guarantee or endorsement by Lyff concerning a marketplace partner’s:
(a)services;
(b)qualifications;
(c)licence or registration;
(d)suitability;
(e)availability;
(f)regulatory compliance; or
(g)pricing.
18.3Lyff does not independently verify a marketplace partner’s credentials or suitability beyond any checks expressly described on the Platform.
18.4You are responsible for making your own enquiries before engaging a marketplace partner.
18.5Lyff may receive a listing fee from a marketplace partner.
18.6Lyff does not currently charge a referral fee to marketplace partners. If Lyff introduces a referral-fee arrangement, Lyff will update the applicable disclosure before the arrangement takes effect.
18.7Lyff does not act as the agent of a marketplace partner and is not a party to a contract between you and a marketplace partner.
18.8A dispute concerning services separately provided by a marketplace partner is between you and that partner, except to the extent that the dispute arises from Lyff’s own act, omission, representation or breach.
18.9Lyff’s liability concerning the Partner Marketplace is subject to clause 28.
19. Acceptable use
19.1You may use the Platform only for lawful purposes and in accordance with these Terms.
19.2You must not use the Platform:
(a)in breach of an applicable law or regulation;
(b)to store, transmit, publish or deliver unlawful, defamatory, fraudulent, discriminatory, harassing or threatening content;
(c)to infringe another person’s intellectual property, privacy, confidentiality or other legal rights;
(d)to impersonate another person or misrepresent your identity, authority or affiliation;
(e)to gain or attempt to gain unauthorised access to the Platform, another account or restricted information;
(f)to upload or transmit malware, viruses or malicious code;
(g)to facilitate fraud, identity theft, abuse, exploitation or another illegal activity;
(h)for resale, redistribution or another unauthorised commercial purpose;
(i)to reverse engineer, decompile or disassemble the Platform, except to the extent that applicable law permits the activity and does not permit it to be restricted;
(j)to use bots, scrapers or automated tools to access or collect Platform information without Lyff’s prior written approval;
(k)to interfere with the security, availability or operation of the Platform; or
(l)in a way that materially exceeds reasonable usage limits or disrupts another user’s access.
19.3Lyff may take proportionate action where it reasonably believes you have breached this clause, including:
(a)removing or restricting access to affected content;
(b)restricting the relevant feature;
(c)temporarily suspending the account while Lyff investigates;
(d)requiring remedial action; or
(e)terminating the account under clause 27.
19.4Lyff may act immediately without prior notice where reasonably necessary to prevent unlawful activity, unauthorised access, material security harm, harm to another person or breach of a binding legal requirement.
19.5Where immediate action is not reasonably necessary and the breach can be remedied, Lyff will ordinarily give you a reasonable opportunity to remedy it.
20. Subscriber indemnity
20.1To the extent permitted by law, you indemnify Lyff and its officers, employees and contractors against a third-party claim, loss, damage, liability, penalty, cost or reasonable legal expense arising directly from:
(a)your unlawful collection, storage, use or disclosure of personal information through the Platform;
(b)Vault Contents or Future Messages that are unlawful, defamatory, fraudulent, threatening or harassing, or that infringe another person’s privacy, confidentiality, intellectual property or other legal rights;
(c)your use of the Platform to facilitate fraud, identity theft, unauthorised access or other illegal activity;
(d)your nomination of, or disclosure of information to, a Guardian, Custodian or Future Message recipient without consent or authority required by law; or
(e)your material breach of clauses 6, 9, 17, 19, 22 or 23.
20.2Your liability under this indemnity is reduced to the extent that the claim, loss, damage, liability, penalty, cost or expense was caused or contributed to by:
(a)Lyff’s breach of these Terms;
(b)Lyff’s negligence, fraud or wilful misconduct;
(c)a failure of Lyff’s security, access, release or verification controls;
(d)Lyff’s unauthorised alteration, deletion, release, use or disclosure of Vault Contents; or
(e)Lyff’s breach of the Privacy Policy or applicable law.
20.3Lyff must:
(a)notify you promptly after becoming aware of a claim for which it seeks indemnity;
(b)take reasonable steps to mitigate its loss;
(c)provide reasonable information and assistance concerning the claim, at your reasonable cost; and
(d)not settle a claim in a way that imposes an admission, non-monetary obligation or additional liability on you without your prior written consent, which must not be unreasonably withheld.
20.4A delay in notice under clause 20.3(a) reduces your liability only to the extent that the delay materially prejudices your ability to respond to the claim.
20.5You are not liable under this clause for indirect, consequential or punitive loss suffered directly by Lyff, except to the extent that the amount forms part of a third-party claim.
20.6This indemnity applies only to the extent reasonably necessary to protect Lyff’s legitimate interests and does not apply where imposing the indemnity would be unlawful or unfair under applicable law.
20.7This clause survives termination or expiry.
21. Intellectual property
21.1All intellectual property rights in the Platform, including its software, design, trademarks, service marks, logos and content created by or licensed to Lyff, remain owned by Lyff or its licensors.
21.2Subject to your compliance with these Terms, Lyff grants you a limited, non-exclusive, non-transferable and revocable right to access and use the Platform for the permitted purposes during your subscription.
21.3The licence in clause 21.2 does not transfer ownership of the Platform or its intellectual property to you.
21.4You retain ownership of Vault Contents and grant Lyff only the limited licence stated in clause 6.
21.5Feedback and Innovative Contributions are governed by clause 8.
22. Confidentiality
22.1Confidential Information means non-public information disclosed by or on behalf of one party to the other in connection with the Platform that:
(a)is identified as confidential;
(b)is confidential by its nature or the circumstances of disclosure; or
(c)a reasonable person would understand to be confidential.
22.2Lyff’s Confidential Information includes non-public technical, security, operational, pricing and business information.
22.3Your Confidential Information includes your non-public account information and Vault Contents.
22.4Each party must:
(a)keep the other party’s Confidential Information confidential;
(b)use it only to exercise rights or perform obligations under these Terms;
(c)protect it using at least reasonable care; and
(d)disclose it only as permitted by this clause, the Privacy Policy or applicable law.
22.5Lyff may disclose your Confidential Information to its officers, employees, contractors and service providers who:
(a)need the information to provide, secure, support or administer the Platform; and
(b)are subject to appropriate confidentiality obligations.
22.6You may disclose Lyff’s Confidential Information to professional advisers who need it to advise you and are subject to confidentiality obligations.
22.7The confidentiality obligations do not apply to information that the receiving party can establish:
(a)is publicly available other than through a breach of confidence;
(b)was lawfully known without an obligation of confidence before disclosure;
(c)was independently developed without using the other party’s Confidential Information; or
(d)was lawfully received from a third party without an obligation of confidence.
22.8A party may disclose Confidential Information where required by law, a court, tribunal or regulator.
22.9Where lawful and reasonably practicable, the disclosing party must give prior notice and disclose only the information legally required.
22.10Lyff may access, use and disclose Vault Contents only:
(a)to provide, secure, maintain or support the Platform;
(b)as authorised through the subscriber’s Platform settings;
(c)to complete a verified release permitted by these Terms;
(d)as permitted by the Privacy Policy; or
(e)where required by law.
22.11Lyff will not access Vault Contents merely to monitor their substance or use them for advertising, behavioural profiling or artificial intelligence model training.
22.12Because damages may be inadequate for unauthorised disclosure of Vault Contents or misuse of Platform security information, either party may seek urgent injunctive relief.
22.13This clause does not limit obligations under the Privacy Act 1988 (Cth), the Australian Privacy Principles or the Privacy Policy.
22.14This clause survives termination.
22.15Obligations concerning trade secrets and Vault Contents continue while the information remains confidential. Obligations concerning other Confidential Information continue for five years after termination.
23. Privacy
23.1The Privacy Policy available at lyff.com.au/privacy explains how Lyff collects, holds, uses and discloses personal information.
23.2The Privacy Policy forms part of the agreement between you and Lyff.
23.3Lyff will handle personal information in accordance with:
(a)applicable privacy law;
(b)the Australian Privacy Principles where they apply;
(c)the Privacy Policy; and
(d)these Terms.
23.4By using the Platform, you acknowledge the personal-information practices described in the Privacy Policy.
23.5Where applicable law requires consent for a particular collection, use or disclosure, Lyff will seek that consent separately and will not treat general acceptance of these Terms as consent where that would be insufficient.
23.6If you provide another person’s personal or sensitive information, you confirm that you have the consent or other lawful authority required to provide and use that information for the relevant Platform purpose.
23.7Lyff may require you to remove, restrict or stop sharing third-party personal information where Lyff reasonably believes that:
(a)you do not have the required consent or authority;
(b)continued handling may breach applicable law or a duty of confidence;
(c)the information presents a material security or privacy risk; or
(d)Lyff is required to do so by law or binding legal process.
23.8Lyff may use third-party service providers to provide, secure, maintain and support the Platform.
23.9The Privacy Policy must identify the material categories of third-party providers and describe overseas disclosure or processing where required by applicable law.
23.10Lyff will take reasonable steps to require service providers that handle personal information on Lyff’s behalf to:
(a)process it only for authorised purposes;
(b)apply appropriate privacy and security measures;
(c)restrict access to personnel who reasonably need it;
(d)notify Lyff of relevant security incidents; and
(e)delete or return personal information when it is no longer required, subject to applicable retention obligations.
23.11Lyff will not use Vault Contents to train machine-learning or artificial intelligence models.
23.12Lyff will not sell Vault Contents or personal information to data brokers.
23.13Lyff may disclose personal information where required or authorised by applicable law, including in response to binding legal process.
23.14Where lawful and reasonably practicable, Lyff will notify the affected subscriber before disclosing Vault Contents in response to binding legal process.
23.15A request to access or correct personal information held by Lyff may be made using the contact details in the Privacy Policy.
23.16Nothing in these Terms limits a right concerning personal information that cannot lawfully be limited.
24. Platform security
24.1Lyff will maintain reasonable technical and organisational security measures appropriate to:
(a)the nature of the Platform;
(b)the sensitivity of Vault Contents;
(c)the likelihood and potential effect of unauthorised access, disclosure, alteration, loss or destruction; and
(d)the security practices reasonably available to Lyff.
24.2Lyff’s security measures may include:
(a)encryption at rest using AES-256 or a successor standard providing materially equivalent or greater protection;
(b)encryption in transit using TLS 1.2 or higher, or a successor standard providing materially equivalent or greater protection;
(c)multi-factor authentication;
(d)role-based access controls;
(e)access logging and monitoring;
(f)backup and recovery controls;
(g)vulnerability and security-patch management; and
(h)incident-response procedures.
24.3Lyff may update its security controls as technologies, risks and legal requirements change, provided that it does not knowingly materially reduce the protection of Vault Contents without a reasonable security or operational basis.
24.4No internet-based system can be guaranteed to be completely secure, uninterrupted or free from vulnerabilities.
24.5Clause 24.4 does not limit Lyff’s obligation to take reasonable security steps or comply with applicable law.
24.6You are responsible for:
(a)securing your devices and network connection;
(b)using strong and unique credentials;
(c)keeping security software reasonably current;
(d)protecting your Recovery Key and multi-factor authentication credentials; and
(e)notifying Lyff promptly of suspected unauthorised access.
24.7Where Lyff reasonably believes that a security incident could compromise the confidentiality or integrity of a subscriber's Vault Contents or personal information, Lyff will: [Wording incomplete: list to be supplied]
24.8Lyff will not represent that information is encrypted, inaccessible or located in a particular jurisdiction unless its technical systems and supplier arrangements support that representation.
25. Security incident response
25.1If you suspect unauthorised access, a lost or compromised device, compromised credentials or another security incident affecting the Platform, you must notify Lyff promptly at hello@lyff.com.au.
25.2Where Lyff reasonably suspects unauthorised access or a security incident affecting an account or Vault Contents, Lyff may:
(a)require a password, Recovery Key or authentication reset;
(b)temporarily suspend or restrict subscriber, Guardian or Custodian access;
(c)revoke active sessions or access tokens;
(d)require additional identity verification;
(e)preserve relevant logs and information;
(f)pause a release, deletion or Future Message delivery; and
(g)take other proportionate action reasonably necessary to contain, investigate or remedy the incident.
25.3Lyff must limit action under clause 25.2 to what is reasonably necessary to protect affected persons, Vault Contents and the Platform.
25.4Lyff will restore normal access as soon as reasonably practicable after the incident is resolved and required security checks are complete.
25.5A Guardian or Custodian who becomes aware of a suspected security incident affecting an account they can access must:
(a)notify Lyff promptly;
(b)stop accessing the affected account unless Lyff directs otherwise;
(c)preserve information reasonably relevant to the incident; and
(d)reasonably cooperate with Lyff’s investigation.
25.6Lyff will assess a suspected data breach promptly and take reasonable steps to contain and remediate it.
25.7If Lyff has reasonable grounds to believe an eligible data breach has occurred, Lyff will provide notifications required by applicable law.
25.8This clause does not impose a notification deadline shorter than the deadline required by law unless Lyff expressly agrees to one in writing.
25.9Lyff may delay or limit information provided about an incident where disclosure would:
(a)compromise security or an investigation;
(b)expose another person’s confidential information;
(c)breach applicable law; or
(d)increase the risk of harm.
25.10Clause 25.9 does not permit Lyff to delay a notification required by law.
26. Platform availability
26.1Lyff will use reasonable endeavours to make the Platform available, but does not guarantee uninterrupted or error-free access.
26.2The Platform may be unavailable because of:
(a)scheduled maintenance;
(b)emergency maintenance;
(c)security incidents;
(d)third-party infrastructure or telecommunications failures;
(e)upgrades or changes reasonably necessary to maintain the Platform; or
(f)an event outside Lyff’s reasonable control.
26.3Where reasonably practicable, Lyff will provide advance notice of scheduled maintenance that is expected to cause material interruption.
26.4Lyff will use reasonable endeavours to restore the Platform as soon as reasonably practicable after an unplanned outage.
26.5Access requires a compatible device, browser and internet connection.
26.6Lyff is not responsible for a failure caused solely by your hardware, software, internet connection or third-party service that is outside Lyff’s reasonable control.
26.7Clause 26.6 does not exclude responsibility to the extent that Lyff:
(a)selected or controlled the relevant third-party provider;
(b)failed to take reasonable steps to address a known material risk;
(c)failed to implement reasonable continuity or recovery measures; or
(d)is otherwise responsible under applicable law.
26.8Unless a plan expressly includes a service-level commitment, availability descriptions and support response targets are estimates rather than guaranteed service levels.
27. Subscription expiry, suspension, termination and account closure
27.1You may cancel a paid subscription at any time through the billing controls made available by Lyff.
27.2Cancellation stops future renewal. Paid access continues until the end of the current paid subscription period unless a different outcome is required by law, these Terms or the Refund and Cancellation Policy.
27.3When a paid entitlement ends, each affected vault enters a 90-day read/export/upgrade grace period. During that period the vault holder may view and export Vault Contents and purchase an eligible paid plan, but cannot add, edit or replace Vault Contents or use paid functions unless access is restored through an eligible plan.
27.4A paid vault does not receive a new 12-month Free period after paid entitlement ends.
27.5Where a Complete Duo or Complete Circle subscription ends, Lyff will take reasonable steps to notify each affected adult vault holder using their registered contact details, not only the payer.
27.6During a paid grace period, new Share Now permissions, new Future Messages, new Guardian or Custodian appointments, new Release Later instructions and new Recovery Assistance relationships are inactive.
27.7A valid Incapacity / Passing request initiated while the relevant paid entitlement was active may continue through the verification and release process in clauses 10 to 13 even if the subscription ends during that process.
27.8Lyff will send reasonable pre-deletion reminder notices during the grace period stating the scheduled deletion date and available read, export and upgrade options.
27.9When the applicable grace period ends, the vault and Vault Contents enter the deletion lifecycle in clause 29. Deletion remains subject to applicable legal preservation or retention requirements, valid litigation, regulatory, fraud, security or dispute holds, permitted retention of limited transaction, consent, verification and audit records, and Lyff’s protected backup deletion lifecycle.
27.10Cancelling a subscription is not the same as deleting an account.
27.11You may request permanent account closure through the account settings made available by Lyff.
27.12Before closing an account at your request, Lyff may require strong re-authentication or multi-factor authentication, provide an opportunity to export Vault Contents, state the scheduled deletion date and explain that deletion is irreversible once completed.
27.13Account deletion terminates outstanding Share Now access, unreleased Release Later instructions, Guardian/Custodian relationships, Future Messages and Recovery Assistance relationships to the extent technically and legally appropriate. Information already downloaded or lawfully released cannot be recalled.
27.14Lyff may suspend or terminate an account where you materially breach these Terms and fail to remedy a remediable breach after reasonable notice; materially breach clause 19; provide materially false or misleading identity, authority or release information; use the account for fraudulent, illegal or materially abusive activity; suspension or termination is reasonably necessary to protect a person, Vault Contents or the Platform from material harm; fees remain outstanding after reasonable notice; or Lyff is required to act by law or binding legal process.
27.15Lyff may act without prior notice where immediate action is reasonably necessary to prevent or limit fraud, illegal activity, unauthorised disclosure or a material security incident, where prior notice would compromise an investigation, or where Lyff is legally prohibited from giving notice.
27.16Where reasonably possible, Lyff will keep a suspension proportionate to the relevant risk, provide a general reason, conduct a reasonable review and restore access promptly if the basis for suspension is resolved.
27.17Following termination by Lyff, the retrieval and deletion process in clause 29 applies unless retrieval access would be unlawful or create a material security risk.
27.18Lyff may use an alternative verified export process rather than restoring full Platform access where direct account access presents a material risk.
27.19Lyff may restrict an export only to the extent reasonably necessary to comply with law or binding legal process, protect another person’s information, address fraud or unauthorised access, preserve relevant evidence or prevent material security harm.
27.20Verification of Passing and completion of a release under clause 11 do not automatically terminate or delete the subscriber’s account.
27.21Following Incapacity, the account remains subject to the subscriber’s settings, applicable authority documents, release provisions and any lawful conflicting-instructions process.
27.22Post-Passing retention and eventual account closure are governed by clause 29 and any applicable preservation or legal requirements.
27.23Termination, expiry or deletion does not affect accrued rights or provisions intended to survive termination.
28. Limitation of liability and consumer guarantees
28.1Nothing in these Terms excludes, restricts or modifies:
(a)a right, remedy, guarantee, warranty or condition implied or imposed by the Australian Consumer Law; or
(b)liability that cannot lawfully be excluded, restricted or modified.
28.2If services supplied by Lyff fail to comply with an applicable consumer guarantee, the remedies available to you are those provided by the Australian Consumer Law.
28.3References in these Terms to repair, replacement, resupply, refund, compensation or another remedy are subject to the remedies and rights provided by applicable law.
28.4Subject to clause 28.1 and to the maximum extent permitted by law, Lyff’s total aggregate liability arising out of or relating to these Terms or the Platform is limited to:
(a)for a monthly or annual subscriber, the total subscription fees paid by you to Lyff during the 12 months immediately preceding the event giving rise to liability;
(b)for a 5-Year subscription subscriber, the total amount paid for that plan; or
(c)for a user who has paid no subscription fee, $100.
In plain terms, if your Vault Contents are lost or damaged through Lyff's ordinary negligence, your financial recovery is limited to the amount in clause 28.4 — not the value of the documents themselves. This cap does not apply where clause 28.5 applies.
28.5The liability cap in clause 28.4 does not apply to liability arising from:
(a)fraud or wilful misconduct by Lyff;
(b)death or personal injury caused by Lyff’s negligence;
(c)Lyff’s knowing unauthorised disclosure or use of Vault Contents;
(d)an infringement of third-party intellectual property rights by the Platform, excluding infringement caused by Vault Contents, Feedback or materials supplied by a user;
(e)an obligation under the Australian Consumer Law or another law that cannot lawfully be limited; or
(f)an amount payable under a remedy expressly provided by these Terms.
28.6Subject to clauses 28.1 and 28.5, neither party is liable to the other for indirect, consequential, special, incidental, exemplary or punitive loss.
28.7Subject to clauses 28.1 and 28.5, Lyff is not liable for loss of profits, revenue, opportunity, goodwill or reputation.
28.8Loss of or damage to Vault Contents is not excluded merely because it may be characterised as data loss.
28.9Subject to clause 28.1, Lyff’s liability for loss of or damage to Vault Contents is limited under clause 28.4 unless clause 28.5 applies.
28.10Subject to clause 28.1, Lyff is not liable to the extent that loss was caused or increased by:
(a)your failure to maintain an independent copy of an essential or irreplaceable document after Lyff clearly recommended that you do so;
(b)your failure to secure credentials, devices or networks;
(c)inaccurate recipient, contact or account details provided by you;
(d)an act or omission of a Guardian, Custodian or Future Message recipient acting outside Lyff’s reasonable control;
(e)your unlawful or unauthorised Vault Contents or instructions; or
(f)your failure to respond to a clear security, retrieval, renewal or deletion notice.
28.11Clause 28.10 does not apply to the extent that Lyff caused or contributed to the loss through:
(a)breach of these Terms;
(b)negligence;
(c)fraud or wilful misconduct;
(d)failure of Lyff’s security, access, release or verification controls;
(e)failure to take reasonable steps concerning a material known risk; or
(f)breach of applicable privacy law.
28.12Lyff is not liable merely because a third-party provider, including a payment, infrastructure, communication or hosting provider, causes an interruption or failure outside Lyff’s reasonable control.
28.13Clause 28.12 does not apply to the extent that Lyff:
(a)failed to exercise reasonable care in selecting, contracting with or monitoring a material service provider;
(b)failed to take reasonable continuity, backup, security or recovery measures;
(c)continued using a provider after becoming aware of an unreasonable material risk without taking reasonable action; or
(d)is otherwise responsible under applicable law.
28.14Subject to clause 28.1, Lyff is not responsible for the lawful emotional or psychological impact of Future Message content created solely by a subscriber.
28.15Lyff is not responsible for a Guardian’s or Custodian’s misuse of information outside the Platform where Lyff:
(a)correctly applied the subscriber’s settings;
(b)completed the verification process required by these Terms;
(c)had no reasonable basis to suspect fraud or unauthorised access; and
(d)did not cause or contribute to the misuse.
28.16Lyff is not responsible for the acts or omissions of a marketplace partner merely because that partner is listed in the Partner Marketplace.
28.17Clause 28.16 does not exclude liability for Lyff’s own misleading representation, negligence, breach or failure to make a legally required disclosure concerning the marketplace partner.
28.18Each party must take reasonable steps to mitigate loss for which it seeks recovery.
28.19Any limitation or exclusion in this clause applies only to the extent that it is reasonably necessary to protect Lyff’s legitimate interests and can lawfully apply in the circumstances.
29. Data export, retention and deletion
29.1You may export Vault Contents through Settings > My data & export while the relevant export function and account access remain available.
29.2Export options may include:
(a)a vault ZIP archive;
(b)a human-readable PDF summary; and
(c)a CSV record of account activity.
29.3Lyff will clearly describe:
(a)what each export format includes;
(b)whether encrypted or protected files require separate credentials;
(c)any technical limitations applying to the export; and
(d)the period for which an export remains available.
29.4You are responsible for checking that an export is complete and can be opened before the applicable retrieval period ends.
29.5Lyff encourages you to:
(a)export Vault Contents regularly;
(b)keep independent copies of essential or irreplaceable documents; and
(c)complete an export before cancelling, closing or materially downgrading your account.
29.6Following cancellation of a paid subscription, Vault Contents will be retained in read-only mode and then deleted in accordance with clause 27.
29.7Following a request for permanent account closure, Lyff will:
(a)notify you of the applicable retrieval period;
(b)identify the scheduled deletion date;
(c)provide reasonable instructions for exporting Vault Contents; and
(d)permanently delete Vault Contents after the retrieval period, subject to clause 29.12.
29.8Permanent deletion is irreversible. After deletion from active systems, Lyff does not guarantee that Vault Contents can be recovered.
29.9Lyff maintains backups for Platform continuity, disaster recovery, security and system-recovery purposes. Backups are not an individual file-restoration service.
29.10Vault Contents deleted from active systems may remain temporarily in protected backups until overwritten or deleted through Lyff’s ordinary backup lifecycle.
29.11While deleted Vault Contents remain in a backup:
(a)Lyff will keep them protected by applicable security controls;
(b)Lyff will not use them for an unrelated purpose;
(c)Lyff will not restore them to an active account except where reasonably necessary for Platform recovery, security, legal compliance or another authorised purpose; and
(d)if restored as part of a broader recovery, Lyff will take reasonable steps to reapply the deletion when practicable.
29.12Lyff may retain or preserve Vault Contents, personal information or account records beyond an otherwise applicable deletion date where reasonably necessary for:
(a)compliance with applicable law;
(b)binding legal process;
(c)fraud prevention or investigation;
(d)a privacy or security investigation;
(e)an unresolved release or authority dispute;
(f)the establishment, exercise or defence of legal claims; or
(g)another valid preservation obligation.
29.13Lyff may retain account, billing, security, release and audit records after Vault Contents are deleted where reasonably required for legal, accounting, fraud-prevention, security, insurance, verification, audit or dispute purposes. These records may include the minimum release evidence and verification information reasonably necessary to demonstrate how an Incapacity or Passing request was assessed and completed.
29.14Lyff will retain information under clauses 29.12 and 29.13 only for as long as reasonably necessary for the applicable purpose and will protect it in accordance with the Privacy Policy. Sensitive source documents used to verify an Incapacity or Passing request, including medical certificates and death certificates, will not be retained for longer than reasonably necessary for verification, review, legal or regulatory compliance, fraud or security investigation, insurance or audit requirements, or the establishment, exercise or defence of legal claims. When no longer required, Lyff will securely delete or de-identify them where reasonably practicable and permitted by law. Applicable retention periods may be further described in the Privacy Policy or Lyff's internal retention schedule.
29.15Lyff may de-identify information where it no longer needs to identify an individual.
29.16Lyff will not describe information as de-identified if there is a reasonable likelihood that it can be re-identified using information available to Lyff.
29.17Lyff may retain genuinely de-identified activity and security information for product security, audit, analysis and service improvement.
29.18Nothing in this clause requires Lyff to retain Vault Contents indefinitely or provide an individual restoration service.
30. Third-party services and links
30.1Lyff may use third-party service providers under appropriate contractual arrangements to operate, secure, maintain and support the Platform, including hosting, payment processing, communications and identity-verification services.
30.2Material categories of third-party services may include:
(a)payment processing;
(b)infrastructure and data storage;
(c)email and SMS communications;
(d)identity verification;
(e)analytics, customer support and marketing communications; and
(f)security, monitoring and incident-response services.
30.3Lyff may identify material service providers in these Terms, the Privacy Policy or other Platform disclosures.
30.4Your direct use of a third-party service or website may also be governed by that provider’s terms and privacy policy.
30.5Lyff is not a party to a contract between you and a third-party provider unless Lyff expressly agrees otherwise.
30.6The Platform may include links to third-party websites, including marketplace partner websites.
30.7A link does not constitute Lyff’s endorsement of the third party, its content or services.
30.8Lyff does not control third-party websites and is not responsible for their independent content, availability, security or privacy practices.
30.9Subject to clause 28 and applicable law, Lyff is not liable for loss caused solely by your independent access to or use of a third-party website or service outside the Platform.
30.10Clause 30.9 does not exclude responsibility to the extent that Lyff:
(a)made a misleading representation about the third party;
(b)failed to exercise reasonable care in selecting or managing a material provider used to deliver the Platform;
(c)failed to respond reasonably to a known material security or continuity risk; or
(d)is otherwise responsible under applicable law.
30.11Lyff may replace a third-party provider where reasonably necessary for security, privacy, technical, service or commercial reasons.
30.12Where replacing a material provider materially changes the handling of personal information or Vault Contents, Lyff will update the Privacy Policy or other applicable disclosure and provide any notice required by law.
31. Force majeure
31.1A Force Majeure Event means an event beyond a party’s reasonable control that prevents or materially delays performance, including:
(a)natural disaster;
(b)pandemic or public-health emergency;
(c)war, terrorism, civil unrest or government action;
(d)widespread power or telecommunications failure;
(e)cyberattack or distributed denial-of-service attack;
(f)failure of a critical third-party provider despite reasonable continuity measures; or
(g)another event that could not reasonably have been prevented or overcome.
31.2A failure is not a Force Majeure Event to the extent that it was caused or increased by:
(a)the affected party’s negligence or wilful misconduct;
(b)a failure to take reasonable security, backup, continuity or recovery measures;
(c)a failure to pay money when due, unless the payment system itself is affected by a Force Majeure Event; or
(d)an event within the affected party’s reasonable control.
31.3The affected party must:
(a)notify the other party as soon as reasonably practicable;
(b)describe the expected effect and duration, where known;
(c)take reasonable steps to reduce the disruption; and
(d)resume performance as soon as reasonably practicable.
31.4An obligation is suspended only to the extent and for the period that the Force Majeure Event prevents its performance.
31.5A Force Majeure Event does not excuse:
(a)confidentiality, privacy or security obligations that can still reasonably be performed;
(b)the protection of Vault Contents already held by Lyff;
(c)compliance with binding legal obligations; or
(d)payment obligations that accrued before the event.
31.6If a Force Majeure Event prevents Lyff from providing a material part of the paid Platform for more than 30 consecutive days, you may cancel your subscription.
31.7Where you cancel under clause 31.6, Lyff will provide a pro-rata refund of prepaid subscription fees covering the period after cancellation during which the affected services will not be provided, subject to applicable law and any more favourable right under the Australian Consumer Law.
32. Changes to fees, Terms and the Platform
32.1A material change means a change that:
(a)increases subscription fees;
(b)removes or substantially reduces a core feature included in your plan;
(c)materially reduces your contractual rights; or
(d)materially increases your contractual obligations.
32.2A change is not material merely because it:
(a)changes the Platform’s appearance;
(b)improves or changes a non-core feature without causing material disadvantage;
(c)corrects an error, broken reference or ambiguity;
(d)updates contact details; or
(e)makes an administrative or formatting change.
32.3Lyff may change subscription fees, these Terms or the Platform only where the change is reasonably necessary for one or more of the following purposes:
(a)responding to a change in applicable law, regulatory requirements or binding guidance;
(b)protecting the security, privacy, integrity or availability of the Platform or Vault Contents;
(c)preventing or responding to fraud, misuse, unlawful activity or a material operational risk;
(d)responding to a material change in third-party infrastructure or supplier arrangements;
(e)maintaining, improving, replacing or discontinuing Platform technology or features;
(f)reflecting a reasonable and demonstrable change in the cost of providing the Platform; or
(g)making another reasonable commercial or operational change that does not cause a material imbalance between Lyff’s rights and your rights.
32.4Lyff must ensure that a change under this clause is reasonably proportionate to the reason for making it and does not go beyond what is reasonably necessary to address that reason.
32.5Except where clause 32.18 applies, Lyff will give you at least 30 days’ written notice before a material change takes effect.
32.6A notice of material change must clearly explain:
(a)the nature of the change;
(b)the reason for the change;
(c)the date on which the change takes effect;
(d)any change to fees or core plan functionality;
(e)any material effect on your rights or obligations; and
(f)your cancellation and refund rights under this clause.
32.7Before a material change takes effect, you may:
(a)continue using the Platform and accept the change;
(b)cancel your subscription under clause 27; or
(c)contact Lyff during the notice period to discuss an alternative arrangement.
32.8Lyff will consider a request under clause 32.7(c) in good faith but is not required to agree to an individual variation.
32.9Unless applicable law requires express consent, a notified change applies from its stated effective date if you continue using the Platform after that date.
32.10Lyff will not treat your continued use as acceptance where:
(a)applicable law requires express consent;
(b)the change authorises a new collection, use or disclosure of personal information requiring separate consent;
(c)the change materially expands Lyff’s rights to use Vault Contents; or
(d)the change imposes a new payment obligation before you have received clear notice of the amount and commencement date.
32.11A fee increase does not apply retrospectively.
32.12For monthly and annual subscriptions, a new fee applies from the first renewal or billing date occurring after the notified effective date.
32.13For a 5-Year subscription:
(a)Lyff will not increase the amount already paid for the current five-year term;
(b)a new fee applies only if you purchase or renew a subscription after that term; and
(c)non-price changes may be made under this clause.
32.14If a material change:
(a)substantially reduces the core functionality of your paid plan;
(b)materially increases your obligations;
(c)materially reduces your contractual rights; or
(d)otherwise causes you material disadvantage,
you may cancel your subscription before the change takes effect.
32.15If you cancel under clause 32.14, Lyff will provide a pro-rata refund of prepaid subscription fees for the unused period after cancellation, except to the extent that:
(a)the change is required by law or binding legal process;
(b)Lyff continues to provide the material paid services for which the prepaid fees were charged, and the change does not materially disadvantage you; or
(c)applicable law does not require a refund.
32.16Lyff will not use this clause to:
(a)retrospectively impose a fee or obligation;
(b)avoid responsibility for a previous breach of these Terms;
(c)remove or restrict a right or remedy that cannot lawfully be excluded or restricted;
(d)materially expand Lyff’s licence to Vault Contents without any separate authorisation required by law; or
(e)make a change that would be unfair or otherwise unlawful.
32.17If Lyff removes a paid core feature without replacing it with a feature of materially equivalent utility, Lyff must provide the cancellation and refund rights in clauses 32.14 and 32.15.
32.18Lyff may make a change without advance notice where urgently and reasonably required to:
(a)address a material security vulnerability;
(b)prevent or respond to fraud, unlawful activity or unauthorised access;
(c)resolve a serious technical issue;
(d)protect Vault Contents or affected persons; or
(e)comply with applicable law or binding legal process.
32.19Where clause 32.18 applies, Lyff will:
(a)limit the change to what is reasonably necessary;
(b)notify affected subscribers as soon as reasonably practicable;
(c)explain the reason for the change and any material effect on their rights, obligations or service; and
(d)provide an appropriate cancellation or refund option where the change causes material disadvantage and a refund is required by these Terms or applicable law.
32.20Lyff may make a minor change that does not materially disadvantage you without 30 days’ notice.
32.21Fee changes are governed exclusively by this clause. If another provision is inconsistent with this clause concerning a fee variation, this clause prevails to the extent of the inconsistency.
32.22Lyff will maintain a version history of these Terms at lyff.com.au/legal/terms-history and make previous versions reasonably accessible.
32.23Lyff bears the reasonable burden of identifying the basis on which it made a material change under this clause.
33. Business continuity and permanent platform closure
33.1Lyff will maintain reasonable business-continuity, backup, incident-response and disaster-recovery arrangements appropriate to:
(a)the nature of the Platform;
(b)the sensitivity of Vault Contents;
(c)reasonably foreseeable interruptions; and
(d)Lyff’s size and resources.
33.2The arrangements in clause 33.1 are intended to support restoration of the Platform following a disruption but do not guarantee restoration of an individual file deleted by a user.
33.3If Lyff reasonably expects a material interruption, it will, where reasonably practicable:
(a)notify affected subscribers;
(b)provide available information concerning the expected effect and duration;
(c)take reasonable steps to restore affected services; and
(d)provide reasonable updates until the material interruption is resolved.
33.4If Lyff decides to discontinue the Platform permanently, Lyff will, unless prevented by law, insolvency, an urgent security risk or circumstances beyond its reasonable control:
(a)give paid subscribers at least 90 days’ written notice;
(b)keep the export function available during the notice period, where technically and legally practicable;
(c)provide reasonable instructions for exporting Vault Contents;
(d)stop accepting subscription payments for periods extending beyond the closure date;
(e)provide a pro-rata refund of prepaid fees covering the period after closure, except to the extent a refund is unavailable because of insolvency and is not otherwise legally required; and
(f)delete, preserve or de-identify information after the export period in accordance with clause 29, the Privacy Policy and applicable law.
33.5If urgent closure prevents Lyff from providing the notice in clause 33.4, Lyff will provide as much notice and export access as is reasonably practicable.
33.6Lyff may transfer operation of the Platform as part of a genuine sale, merger, restructure or business transfer, subject to:
(a)clause 39.5;
(b)applicable privacy law;
(c)the recipient agreeing to protect Vault Contents and personal information on terms no less protective in all material respects than these Terms and the Privacy Policy; and
(d)notice to affected subscribers where required by law or reasonably practicable.
33.7Lyff will not knowingly transfer Vault Contents to another person solely for:
(a)advertising;
(b)data brokerage; or
(c)artificial intelligence model training.
33.8You remain responsible for keeping independent copies of documents that are:
(a)essential or irreplaceable;
(b)required for legal or regulatory compliance; or
(c)likely to be required urgently following death, incapacity or a prolonged Platform interruption.
33.9Unless Lyff expressly agrees otherwise in writing, the Platform is not:
(a)an original execution service;
(b)an official registration service;
(c)a legal custody or safe-custody service;
(d)an executor, administrator, trustee or attorney service; or
(e)a substitute for legally required storage of an original will, power of attorney, advance care directive, title document or other instrument.
34. Dispute resolution
34.1If you have a complaint or dispute with Lyff, you should first contact hello@lyff.com.au and provide reasonable details of the issue and the outcome sought.
34.2Lyff will:
(a)acknowledge the complaint within five Business Days;
(b)undertake reasonable human review;
(c)aim to resolve the complaint within 30 days; and
(d)provide reasonable progress updates if the matter is complex or delayed.
34.3The timeframes in clause 34.2 are service targets rather than guaranteed resolution periods.
34.4If the dispute is not resolved through Lyff’s internal process, either party may propose mediation before a mutually agreed mediator.
34.5The parties will participate in an agreed mediation in good faith before commencing court proceedings, except where:
(a)urgent interlocutory or injunctive relief is required;
(b)a limitation period is about to expire;
(c)proceedings are required to preserve evidence or rights;
(d)a party seeks a remedy through a regulator, tribunal or small-claims process that cannot reasonably be deferred; or
(e)applicable law prevents mandatory pre-litigation mediation.
34.6Unless the parties agree otherwise, each party bears its own mediation costs and shares the mediator’s fees equally.
34.7These Terms are governed by the laws of Victoria, Australia.
34.8Each party submits to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from them.
34.9Nothing in this clause limits a non-excludable right to bring a complaint or proceeding before a regulator, tribunal or court with jurisdiction.
35. Support and accessibility
35.1Support is available at hello@lyff.com.au and through any other support channel displayed on the Platform.
35.2Unless a particular plan expressly states otherwise, support response times are targets rather than guaranteed service levels.
35.3Because the Platform may be used during incapacity, passing and estate-administration events, Lyff will reasonably consider requests for accessible or alternative support arrangements.
35.4An alternative arrangement may include:
(a)an alternative communication method;
(b)assistance from an authorised representative;
(c)extra time to provide information;
(d)an alternative identity-verification step; or
(e)another reasonable adjustment compatible with the security of the Platform.
35.5Lyff is not required to accept an alternative process that would materially weaken identity, authority, privacy or security controls.
35.6Lyff may request reasonable supporting information where necessary to assess an alternative arrangement.
36. Notices
36.1Lyff may send a notice to your registered email address or through another electronic method you have nominated for account communications.
36.2A notice sent by email is taken to be received:
(a)24 hours after sending if sent on a Business Day; or
(b)72 hours after sending if sent on a day that is not a Business Day,
unless Lyff receives a delivery-failure notification.
36.3If Lyff receives a delivery-failure notification for a material notice concerning security, release, deletion, suspension, termination or a material change, Lyff will take reasonable steps to contact you through another current contact method held for your account.
36.4You are responsible for keeping your contact details current and accessible.
36.5Notices to Lyff must be sent:
(a)by email to hello@lyff.com.au; or
(b)by post to PO Box 189, Elwood, Victoria 3184, Australia.
36.6A notice to Lyff is taken to be received:
(a)for email, when it enters Lyff’s information system without an automated delivery-failure response; or
(b)for post, three Business Days after posting within Australia.
37. Electronic communications and contracting
37.1You agree that Lyff may communicate with you electronically concerning:
(a)your account;
(b)billing and renewals;
(c)security alerts;
(d)Lyff Check-In;
(e)release requests;
(f)Future Messages;
(g)retrieval and deletion;
(h)changes to these Terms; and
(i)other Platform administration.
37.2To the extent permitted by law, an electronic communication satisfies a requirement that the communication be in writing.
37.3Lyff may retain electronic records of:
(a)your acceptance of these Terms;
(b)material account settings and changes;
(c)notices sent to you;
(d)security and authentication events;
(e)Guardian and Custodian nominations;
(f)release instructions and requests;
(g)retrieval, export and deletion activity; and
(h)other Platform activity reasonably required for security, compliance, audit or dispute purposes.
37.4Electronic records may be used as evidence of acceptance, instructions, notices and Platform activity, subject to applicable law and your right to dispute their accuracy.
37.5You may withdraw consent to receive marketing communications at any time by using the unsubscribe function or contacting Lyff.
37.6Withdrawing consent to marketing communications does not affect essential communications concerning:
(a)account security;
(b)billing and renewals;
(c)subscription status;
(d)releases;
(e)Lyff Check-In;
(f)retrieval or deletion;
(g)material changes to these Terms; or
(h)legal or regulatory notices.
37.7Lyff will keep marketing consent separate from acceptance of these Terms where required by law.
37.8If you withdraw consent to receive electronic contractual communications and Lyff cannot reasonably provide the Platform without them, Lyff may require you to close your account after giving reasonable notice and an opportunity to export Vault Contents.
38. Definitions
38.1In these Terms, unless the context requires otherwise:
ACL means the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Account means a registered user account through which a person accesses the Platform.
Active, in relation to a Guardian or Custodian, means that the invitation has been accepted and the verification requirements applicable to that role under clause 9 have been completed.
Business Day means a day other than a Saturday, Sunday or public holiday in Victoria, Australia.
Complete means the paid individual Lyff plan described in clause 5.
Complete Duo means the paid plan described in clause 5 that includes two independently controlled Complete vaults under one billing arrangement.
Complete Circle means the paid plan described in clause 5 that includes up to four independently controlled Complete vaults under one billing arrangement.
Confidential Information has the meaning given in clause 22.
Custodian or Lyff Custodian means a trusted professional contact nominated by a paid subscriber through the Platform for the purposes permitted by clauses 9 to 13.
Feedback has the meaning given in clause 8.
Force Majeure Event has the meaning given in clause 31.
Future Message means a message or supported file created by a paid subscriber and scheduled for delivery to an email address selected by the subscriber on a specified future date.
Guardian or Lyff Guardian means a trusted personal contact nominated by a paid subscriber through the Platform for the purposes permitted by clauses 9 to 13.
Incapacity / Passing means the subscriber-directed Release Later process described in clauses 10 to 13.
Innovative Contribution has the meaning given in clause 8.
Lyff, we, us or our means Such is Lyff Pty Ltd (ACN 701 483 954) trading as Lyff.
Lyff Account Lifecycle Policy means the policy made available at lyff.com.au/policy describing relevant account expiry, grace, retention and deletion processes.
Lyff Check-In means the reminder feature described in clause 14.
Lyff First 50 means a Lyff promotional offer governed by the applicable dated offer terms.
Partner Marketplace means the directory of third-party providers described in clause 18.
Platform means the Lyff digital life-vault service accessible through lyff.com.au and associated applications and services.
Private item means an item that remains subscriber-only and is not available through Share Now, Guardian or Custodian appointment, Release Later, Future Messages or Recovery Assistance.
Privacy Policy means Lyff’s privacy policy made available at lyff.com.au/privacy, as updated in accordance with applicable law and these Terms.
Recovery Assistance means an eligible process through which a Guardian or Custodian may assist the subscriber to restore the subscriber’s own account access without independently obtaining access to Vault Contents.
Release Later means an item-level standing instruction created by a paid subscriber for release to a nominated Guardian or Custodian on verified Incapacity, Passing or Both under clauses 10 to 13.
Share Now means an item-level permission created by a paid subscriber that gives the subscriber’s nominated Guardian or Custodian current access to the designated item at the access level selected by the subscriber, subject to any revocation or expiry.
View and Download means a permission that allows the authorised recipient to view an item through the Platform and download a copy where supported.
View Only means a permission intended to allow the authorised recipient to view an item through the Platform without a Platform download function.
Vault Recovery Key or Recovery Key means a unique code or equivalent recovery secret provided for restoration of access to encrypted Vault Contents and is distinct from a password-reset link or multi-factor authentication backup code.
Subscriber, you or your means the person who creates or controls an individual subscriber account or, where the context requires, another person who accepts and is bound by applicable provisions of these Terms.
Terms means these Terms of Service and the documents expressly incorporated under clause 39.9.
Vault Contents means all documents, data, content and information stored by a subscriber in their vault.
38.2In these Terms, unless the context requires otherwise:
(a)the singular includes the plural and the plural includes the singular;
(b)a reference to a person includes an individual, company, partnership, trust, unincorporated association, government body or other legal entity;
(c)a reference to legislation includes amendments, replacements and delegated legislation made under it;
(d)the words “including”, “includes” and “for example” do not limit the words preceding them;
(e)a reference to writing includes an electronic communication;
(f)a reference to a clause is to a clause of these Terms;
(g)headings do not affect interpretation;
(h)a reference to a document includes that document as lawfully amended or replaced; and
(i)where an obligation must be performed on a day that is not a Business Day, it must be performed on the next Business Day, unless the context requires otherwise.
38.3If a term is defined in a clause for the purposes of that clause, that definition applies in addition to this clause.
39. General terms
39.1If a provision of these Terms is invalid, illegal or unenforceable:
(a)it must be read down to the minimum extent necessary to make it valid and enforceable, if possible;
(b)if it cannot be read down, it is severed; and
(c)the remaining provisions continue in effect.
39.2A failure or delay by a party to exercise a right or remedy does not waive that right or remedy.
39.3A waiver:
(a)is effective only if made in writing by the party granting it;
(b)applies only to the specific circumstance for which it is given; and
(c)does not prevent later exercise of the same or another right.
39.4You must not assign, novate or transfer your account, subscription, rights or obligations under these Terms without Lyff’s prior written consent.
39.5Lyff may assign, novate or transfer its rights and obligations under these Terms to:
(a)a related body corporate;
(b)a purchaser of all or substantially all of Lyff’s business or assets relating to the Platform; or
(c)a successor arising from a genuine merger, restructure or corporate transaction,
provided that the transfer does not materially reduce your rights and the recipient agrees to perform Lyff’s obligations.
39.6Lyff will give reasonable prior notice of a transfer where reasonably practicable.
39.7If a transfer under clause 39.5 materially disadvantages you, you may cancel a paid subscription before the transfer takes effect and receive a pro-rata refund of prepaid fees for the unused period, subject to applicable law.
39.8A transfer of personal information or Vault Contents must comply with:
(a)applicable privacy law;
(b)the Privacy Policy;
(c)clause 33; and
(d)any binding legal requirements concerning notice, consent or overseas disclosure.
39.9These Terms, together with:
(a)the Privacy Policy;
(b)the Refund and Cancellation Policy;
(c)the Lyff Account Lifecycle Policy;
(d)your selected plan details;
(e)any applicable booking or concierge terms; and
(f)additional terms expressly accepted by you through the Platform,
constitute the entire agreement concerning the Platform.
39.10The documents listed in clause 39.9 replace prior discussions, statements and agreements concerning the same subject matter.
39.11Clause 39.10 does not exclude or limit liability for:
(a)fraud;
(b)misleading or deceptive conduct; or
(c)a right or remedy that cannot lawfully be excluded or limited.
39.12If there is an inconsistency between documents forming the agreement:
(a)separately agreed written terms signed by Lyff and you prevail;
(b)these Terms prevail over an incorporated policy, except where the policy gives you greater rights or applicable law requires otherwise;
(c)the Privacy Policy prevails concerning the collection, holding, use, disclosure and handling of personal information; and
(d)specific plan or promotional terms prevail only concerning the feature, price, eligibility requirement or promotion they expressly address.
39.13Nothing in these Terms creates a partnership, joint venture, employment, fiduciary or agency relationship between Lyff and you.
39.14You have no authority to bind Lyff.
39.15Each party must take reasonable steps and sign reasonable documents necessary to give effect to these Terms, provided that doing so does not materially increase that party’s obligations or reduce its rights.
39.16The following provisions survive termination or expiry:
(a)clause 6 concerning ownership and permitted handling of Vault Contents;
(b)clause 8 concerning Feedback and Innovative Contributions;
(c)clauses 10 to 12 concerning releases requested or completed before termination or expiry;
(d)clause 13 concerning the effect and limits of a completed release;
(e)clause 20 concerning indemnities;
(f)clause 21 concerning intellectual property;
(g)clause 22 concerning confidentiality;
(h)clause 23 concerning privacy;
(i)clause 28 concerning liability and consumer guarantees;
(j)clause 29 concerning retention and deletion;
(k)clause 34 concerning disputes;
(l)clauses 37.3 and 37.4 concerning electronic records;
(m)accrued payment obligations; and
(n)any other provision intended by its nature to continue.
39.17These Terms may be accepted in counterparts and through electronic acceptance.
39.18A right or remedy under these Terms is cumulative with any other right or remedy available at law, except where these Terms or applicable law expressly provide otherwise.
39.19Nothing in these Terms requires either party to do anything unlawful.
39.20If Lyff is required to obtain a consent, approval or authority to perform a specific action, Lyff may postpone that action until the consent, approval or authority has been obtained.
39.21These Terms do not confer a right on a person who is not a party, except where a provision expressly gives Lyff’s officers, employees, contractors, Guardians, Custodians or another identified person the benefit of a right, protection or obligation.
39.22Lyff may maintain records reasonably required to demonstrate:
(a)acceptance of these Terms;
(b)compliance with release and verification processes;
(c)security and incident-response activity;
(d)delivery of material notices;
(e)consent or authority relied on for Platform actions; and
(f)compliance with applicable law.
39.23Records under clause 39.22 must be handled in accordance with the Privacy Policy, Lyff’s retention practices and applicable law.
Contact details
Questions about these Terms?
Contact Lyff using the details set out in these Terms.
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