Terms of Service

Effective date: the date this version was published on this page.

Summary of key points

This summary is a convenience. The full Terms control.

1. WiseTomorrow is a technology service. It is not a law firm, estate planner, executor, trustee, fiduciary or adviser. It does not replace a will, trust, power of attorney, beneficiary designation or advance directive.
2. You control who can ask for your information, and you instruct us to release it under the separate Trusted Person Authorization and Disclosure Agreement.
3. Unless you choose to require supporting documents, release can happen without proof that you have died or become incapacitated. If you do not respond during your waiting period, access can open. You can instead choose that a person may receive information only if you approve.
4. Identity verification lowers fraud risk but cannot eliminate it.
5. Keep your own copies of important originals. We do not guarantee that the service will always be available or that data can never be lost. If we permanently shut down, we will use reasonable efforts to help you obtain downloadable copies, but do not promise continued service after operations cease (Section 23.5).
6. Billing: a paid Care plan renews until you cancel. The Wise Box is a one-time purchase.
7. Disputes are resolved by individual arbitration, not class actions, unless you opt out within 30 days (Section 27). Our liability is limited (Section 25).

1. Introduction

1.1 These Terms of Service ("Terms") form a binding agreement between you and Dark Ecommerce Labs, LLC, a Florida limited liability company, with its principal office at 826 Hampton Wood Ct, Sarasota, FL 34232 ("WiseTomorrow", "we", "us", "our"). They govern your use of:

• the WiseTomorrow website at wisetomorrow.com;
• the WiseTomorrow web application, including your "Wise Box" online organizer;
• the physical Wise Box and Wise Card; and
• the WiseTomorrow Care subscription and related services

(together, the "Services").

1.2 Other documents that form part of these Terms:

• the Privacy Policy;
• the Cookie Policy;
• the Legal Disclaimer;
• the Shipping and Returns Policy, for Wise Box purchases;
• for Owners who designate Trusted People, the Trusted Person Authorization and Disclosure Agreement (the "Authorization Agreement"); and
• any purchase terms shown at checkout.

People who request access as a Trusted Person are governed by the Trusted Person Access Terms, not these Terms.

1.3 Order of precedence. If documents conflict:

• (a) the Authorization Agreement controls on how and when information is disclosed to Trusted People;
• (b) purchase terms shown at checkout control the specific purchase; and
• (c) otherwise these Terms control.

2. Agreement to these Terms

2.1 You accept these Terms by creating an account and checking the box that says you agree. You also accept them by activating a Wise Card, buying a product, or otherwise using the Services after being shown these Terms. If you do not agree, do not use the Services.

2.2 We record your acceptance, including the version you accepted, the date and time, and technical information about your device (see Section 30).

3. Eligibility and age

3.1 You must be at least 18 years old and able to form a binding contract to create an account or buy from us. The Services are not directed to children, and we do not knowingly collect personal information from children under 13 (see the Privacy Policy).

3.2 Your own information only. You may create an account only for yourself. You may help another adult set up their account, but that adult must be the account holder, must accept these Terms personally, and must make their own choices about Trusted People and access settings.

3.3 Where the Services are offered. The Services are designed for people living in the United States. Physical products ship only to U.S. addresses. If you use the Services from elsewhere, you are responsible for complying with local law, and some features, such as identity verification, may not work.

4. Accounts and registration

4.1 Accurate information. You must provide accurate, current and complete registration and profile information, including your legal first and last name, email address and mobile phone number, and keep it up to date. You must confirm your email address before you can authorize a Trusted Person. Your email address, and your mobile number once you verify it, are our main ways to reach you, including for access-request notices that allow you to stop a release.

4.2 One account, one Owner. The person who creates the account is the "Owner." You may not share your account or sign in as someone else.

4.3 Wise Card. A Wise Card links to one account when activated. Anyone who has your Wise Card, or its web address, can start an access request. The card does not unlock your information by itself. Keep it somewhere safe, and revoke it in your account if it is lost.

5. Account credentials and security

5.1 Your responsibilities. You are responsible for:

• (a) choosing a strong, unique password and keeping it confidential;
• (b) securing the email account and phone number linked to your account;
• (c) signing out of shared devices; and
• (d) using the additional security features we offer, such as two-step verification.

5.2 Actions from your account. We may treat any action taken after signing in to your account, or through a link sent to your email address, as taken by you, unless you notified us of unauthorized use before the action.

5.3 Tell us immediately at support@wisetomorrow.com if you believe your account, email or Wise Card has been compromised. We may place a security hold on your account to protect it (Section 22).

5.4 Extra confirmation after security changes. For your protection, we may ask you to confirm your password again before sensitive actions, such as authorizing a Trusted Person or approving an access request early. After a password reset or a change of email address, we may, for a period (currently 7 days), require extra confirmation for changes to your Trusted People and access settings and hold access requests for review.

6. Owner responsibilities

As an Owner, you are responsible for:

• (a) deciding what information to store and whom to designate;
• (b) keeping your Trusted People's details and your access settings current, including removing people you no longer want to receive your information;
• (c) monitoring your email and text messages and responding to access-request notices;
• (d) previewing what each of your Trusted People would see;
• (e) keeping independent copies of important documents; and
• (f) getting professional advice about estate planning and legal documents.

7. Accuracy of information

You are solely responsible for the accuracy, completeness and currency of the information you store. WiseTomorrow does not review, verify or update your content. Information in your Wise Box may become outdated, and a Trusted Person may rely on it.

8. Acceptable use

You may use the Services only for lawful, personal, non-commercial purposes consistent with these Terms. You may use them for a business you own only to the extent the Services let you store business information for your own succession or continuity purposes.

9. Prohibited activities

You must not, and must not help anyone else to:

• (a) upload content you have no right to store or share, or content that infringes intellectual property, privacy or other rights;
• (b) upload malware, or content that is unlawful, abusive, exploitative or harmful;
• (c) use the Services to store or distribute child sexual abuse material. We report apparent CSAM as required by law;
• (d) impersonate anyone, create an account for someone else without their authority, or designate a Trusted Person under a false identity;
• (e) access or try to access another customer's account or information, or probe, scan or test the vulnerability of the Services, except under a written security-testing authorization from us or as our published vulnerability disclosure policy on our Security page permits;
• (f) circumvent rate limits, verification, access controls or security features, or use bots or scripts to guess codes, tokens or links;
• (g) reverse engineer the Services, except as the law permits;
• (h) resell, sublicense or provide the Services to third parties;
• (i) use the Services to harass, stalk or harm anyone, or to gather information about Trusted People or others for any purpose other than the Services; or
• (j) interfere with the Services or overload our infrastructure.

10. Your content

10.1 What "content" means. "Content" means everything you add to the Services:

• notes and instructions;
• photos, scanned documents, PDFs and office documents;
• audio and video files;
• section names and file titles; and
• information about other people, including Trusted People.

10.2 Supported content. The Services currently accept certain file types (such as PDF, JPEG, PNG, WebP, GIF, plain text, DOCX, XLSX, MP4, MOV, MP3, M4A and WAV), subject to size and quantity limits shown in the app. We may change supported types and limits.

11. Ownership of your content

You keep all ownership rights you have in your Content. We do not claim ownership of it.

12. License you give us

12.1 You grant WiseTomorrow and its service providers a worldwide, non-exclusive, royalty-free license to host, store, copy, process, encrypt, transmit, display and back up your Content. The license is only as needed to:

• (a) provide, secure and maintain the Services;
• (b) carry out your instructions, including disclosure to your Trusted People under the Authorization Agreement;
• (c) comply with law; and
• (d) enforce these Terms.

12.2 No other use. We do not use your Content for advertising. We do not sell it. We do not use it to train artificial-intelligence models.

12.3 The license ends when your Content is deleted from our systems under Section 23. It continues for as long as the Privacy Policy allows us to keep residual copies (for example, in backups), and to the extent your Content has already been disclosed under your instructions.

13. Sensitive information

13.1 The Services are designed to hold sensitive information, such as account numbers, insurance details, health-related documents, identification documents and personal instructions. You decide whether to store it. You understand that:

• (a) WiseTomorrow is not a covered entity or business associate under HIPAA;
• (b) WiseTomorrow is not a financial institution, bank or broker;
• (c) we are not an end-to-end encrypted service. Our systems decrypt your information to show it to you and to disclose it under your instructions (see the Privacy Policy); and
• (d) storing information does not make it legally protected, privileged or confidential in any legal proceeding.

13.2 Passwords and third-party account access. If you store passwords, PINs, recovery codes or login instructions for other services, you do so at your own risk. Sharing login details, or having someone use them, including after your death, may breach the other service's terms and may break the law. Many providers offer their own legacy or authorized-contact tools. WiseTomorrow does not advise on whether sharing credentials is permitted.

13.3 Information about others. If you store personal information about other people, including your Trusted People, you confirm that you have the right to do so and to direct its disclosure under the Authorization Agreement.

14. Backups, availability and keeping your own copies

14.1 No guarantee against loss. We use reasonable measures to protect your Content and maintain backups (see the Privacy Policy and our Security page). We do not guarantee that Content will never be lost, corrupted or unavailable. You should keep originals, and independent copies, of anything important.

14.2 Data export. You may request an export of your account data from your account. The export currently includes your notes, section information and file details. It does not include the files themselves, which you can download individually. Exports are temporary and are deleted 24 hours after they are created.

15. Subscription plans, the Wise Box and trials

15.1 Wise Box (one-time purchase).

• The Wise Box is a physical product that includes a Wise Card and access to the WiseTomorrow account features described at purchase.
• It is priced as shown at checkout, with free standard U.S. shipping. No sales tax is added at checkout: the price shown is the total you pay.
• Stripe processes payment and collects shipping information on our behalf.
• Title and risk of loss pass to you when the carrier delivers your order.
• Shipping, returns and refunds for the Wise Box are covered by the Shipping and Returns Policy.

15.2 Care trial.

• A Wise Box includes a 30-day WiseTomorrow Care trial. It starts when you activate your Wise Card, not when you order.
• A replacement card does not restart or extend the trial.
• The included trial does not automatically turn into a paid subscription and does not charge you.
• When it ends, your account becomes read-only unless you subscribe (Section 18).

15.3 WiseTomorrow Care (subscription).

• Care is an optional paid subscription. It lets you keep adding to and updating your Wise Box.
• Current price: US $10 per month. No sales tax is added.
• Plan features, prices and billing intervals are as shown when you subscribe.

16. Billing and recurring payments

16.1 Authorization. When you subscribe to Care, you authorize us, and Stripe as our payment processor, to charge your chosen payment method the subscription fee at the start of each billing period until you cancel.

16.2 Automatic renewal. YOUR CARE SUBSCRIPTION RENEWS AUTOMATICALLY AT THE END OF EACH BILLING PERIOD FOR THE SAME PERIOD, AT THE THEN-CURRENT PRICE, UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. We will show these terms, and get your affirmative consent, before your first charge. We will send a confirmation that includes how to cancel.

16.3 Payment information. You must keep your payment details current. We do not store full card numbers; Stripe does.

17. Cancellation and refunds

17.1 Cancelling Care.

• You may cancel at any time online from your account's billing settings (the Care page, then Manage billing) or by contacting support@wisetomorrow.com.
• Cancellation takes effect at the end of the current paid billing period, and you keep paid features until then.
• After that, your account becomes read-only (Section 18).

17.2 Care refunds. Except where required by law, subscription fees are non-refundable, and we do not give prorated refunds for partial billing periods.

17.3 Wise Box returns and refunds. Returns and refunds for the Wise Box, including damaged or missing items, are governed by the Shipping and Returns Policy.

18. Failed payments, read-only mode and access by Trusted People

18.1 Failed payments. If a Care payment fails:

• your subscription becomes past due;
• we will try to charge again and notify you;
• if payment is still not made, your account enters a 7-day grace period; and
• after that it becomes read-only.

18.2 Read-only mode. In read-only mode you can sign in, view and download your information, but you cannot add or change content. Your Trusted People can still request access under your existing settings. Your Designations stay in effect while your account exists.

18.3 No closure for non-payment. We do not close or delete your account because it is read-only, because you cancelled Care, or because you never subscribed. A read-only account stays open, and your Trusted People can still request access under your existing settings.

19. Taxes

We do not add sales tax to the price of the Wise Box or Care at checkout: the price shown is the total you are charged. You are responsible for any taxes we are not required to collect.

20. Changes to pricing and to the Services

20.1 Pricing. We may change subscription prices. We will give at least 30 days' notice by email before a price change applies to your subscription, and you may cancel before it takes effect.

20.2 Product changes. We may add, change or remove features. If a change materially reduces the core features of a paid subscription, we will give reasonable advance notice. We will not change how or when your information is released to Trusted People without asking for your acceptance under the Authorization Agreement.

21. Trusted People and authorized disclosure

21.1 Separate authorization. Trusted People are governed by the Authorization Agreement. You accept it separately for each Trusted Person you designate. Its key terms, summarized here for convenience:

• (a) Your instruction. By authorizing a Trusted Person you expressly direct WiseTomorrow to disclose your information to them when WiseTomorrow reasonably determines, under its then-current verification procedures, that the requester is the person you designated and that your release conditions have been met.
• (b) Release conditions. Before any release, all of the following must happen:
  • a request is made through the Wise Card access process, and the requester confirms, with a one-time code, an email address or mobile number that matches your Designation;
  • the Trusted Person is authorized and active, and at least 7 days have passed since you authorized them or last changed their contact details;
  • the requester passes identity verification;
  • we notify you by email and, if you have verified a mobile number, by text message, and send reminders during your waiting period;
  • at least one notice to you is confirmed as delivered, by email or text message. If none is, the request is held and reviewed instead of being released automatically;
  • your waiting period ends without you stopping the request, or you approve it earlier if you allowed early approval; and
  • any additional conditions you chose for that person are met, such as supporting documents, manual review by our staff, or your own approval.
  • Waiting periods can be 72 hours, 7 days, 14 days or 30 days. Waiting periods of 24 or 48 hours are available only if you use two-step verification and have a verified mobile number.
  • Unless you require supporting documents for a Trusted Person, release does not require proof of your death or incapacity. Even when you do, we check only whether the documents reasonably appear genuine and consistent with your account details. We do not decide whether you have died or become incapacitated.
• (c) Release scope. Each Trusted Person receives only what you select for them: the sections you choose (or all of them), optionally including sections you create later, with or without the ability to download files.
• (d) Identity verification uses third-party providers and reduces but cannot eliminate fraud and impersonation.
• (e) Length of access. Access that is granted lasts 12 months and can be renewed. It ends sooner if you revoke it.
• (f) Reliance. We may rely in good faith on your settings, submitted information, verification results and documents that reasonably appear genuine.
• (g) Our discretion. We may delay, deny, pause, escalate, or require a court order for any request that appears suspicious or disputed. We will not choose between competing claimants.
• (h) Changes. You may change or revoke your instructions at any time. Removing or pausing a Trusted Person, or changing their legal name or contact details, cancels their pending requests and ends any access they have. Disclosures already made cannot be undone.

21.2 Emergencies. The Services are not an emergency service. Do not rely on WiseTomorrow for urgent medical, safety or time-critical needs; call 911 or your local emergency number. Access requests involve waiting periods and verification steps that take time.

21.3 Legal process and government requests. We may disclose information when we believe in good faith that disclosure is required by law, subpoena, court order or other valid legal process. We may also disclose to protect the rights, property or safety of WiseTomorrow, our users or others, as described in the Privacy Policy. Where legally permitted and practical, we will try to notify you before disclosing your Content in response to legal process.

21.4 Fiduciaries and personal representatives. We may receive requests from people who are not Trusted People but say they have legal authority, such as a personal representative, trustee, guardian or agent under a power of attorney. We will handle those requests under applicable law, which may require specific documents (for example, a certified death certificate and letters of administration) and may take up to the time the law allows. In the Authorization Agreement you can choose to allow or to prohibit disclosure to a court-appointed personal representative or other fiduciary, and we will follow that choice where applicable law allows. Where a law such as Florida's Fiduciary Access to Digital Assets Act (Fla. Stat. ch. 740) requires disclosure, we may disclose information to such a person even if they are not a Trusted Person, unless you have validly prohibited that disclosure.

21.5 Your death or incapacity.

• If we are told you have died or become incapacitated, your Designations and access settings stay in effect under the Authorization Agreement. We will not change them on anyone's instruction other than yours, a valid court order, or as applicable law requires.
• We may require documentation before acting on a report of your death, and we will send notice to your email address and verified mobile number before we act on it.
• After we accept a report of your death, no one may sign in to your account as you.
• Your subscription and account status after your death are handled under Sections 18 and 23.

22. Suspension and security holds

We may suspend or limit your account, place a security hold, or pause pending access requests if we reasonably believe that:

• (a) your account, email, phone number or Wise Card may be compromised;
• (b) you have breached these Terms;
• (c) there is a risk of fraud or harm to you, a Trusted Person or others; or
• (d) the law requires it.

Where it is safe and lawful to do so, we will tell you and explain how to resolve the hold.

23. Termination, deletion and retention

23.1 Your right to close your account. You may delete your account at any time from your account Settings, or by contacting support@wisetomorrow.com. We will ask you to confirm with your password, and we will verify your identity before acting on a request sent by email.

23.2 What deletion means.

• You have 14 days to change your mind. Deletion is scheduled 14 days after you ask, and you can cancel it during that time. While deletion is pending, your Trusted People cannot request access, pending access requests are cancelled, and any active access ends.
• After the 14 days, we delete your Content, your Trusted People and your account information from our active systems within 30 days.
• Residual copies may remain in backups for up to a further 35 days until they are overwritten.
• We keep some records longer where needed to meet legal obligations, resolve disputes, prevent fraud or enforce our agreements. Examples: billing records; records of authorizations, access requests and disclosures; and security logs. The Privacy Policy explains these.
• Deletion cannot recall information already disclosed to a Trusted Person.

23.3 Termination by us. We may terminate your account:

• for material or repeated breach of these Terms;
• if required by law; or
• if we discontinue the Services.

Where lawful and practical we will give reasonable notice and a chance to export or download your information. If we discontinue the Services entirely, we will give at least 90 days' notice.

23.4 What survives. Sections 7, 11, 12.3, 13, 14, 21.1(h), 23 to 29, and any accrued payment obligations survive termination.

23.5 Permanent shutdown and access to your Content. If we permanently discontinue the Services or cease operations, we will use commercially reasonable efforts, in light of the circumstances, to help you obtain downloadable copies of your Content. This may include keeping export and individual file-download tools available for a reasonable period before shutdown or, where reasonably feasible, providing another secure way to retrieve Content that remains available to us afterward. An account export does not currently include uploaded files, which must be downloaded separately (Section 14.2).

Any retrieval or delivery remains subject to appropriate identity verification, your access settings and applicable privacy and legal requirements. Shutdown does not itself authorize us to disclose your Content to someone you have not authorized or who is not otherwise legally entitled to receive it.

This is a reasonable-efforts commitment, not a guarantee of data recovery, successful delivery or access after shutdown. Except as required by applicable law, we do not promise to continue hosting, storing, maintaining or providing access to your Content, to operate the Wise Card or Trusted Person access process, or to provide any other ongoing Services once we are no longer operational. A Wise Box purchase or Care subscription is not a promise of perpetual service. Keep independent copies of important Content and download available copies promptly when notified of a shutdown.

This Section does not reduce our notice commitment in Section 23.3 or any rights or remedies you have under applicable law.

24. Disclaimers

24.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WiseTomorrow disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. WITHOUT LIMITING THAT, WE DO NOT WARRANT THAT:

• (a) the Services will be uninterrupted, timely, secure or error-free;
• (b) Content will not be lost or corrupted;
• (c) identity or document verification will detect every fraudulent request or approve every legitimate one;
• (d) notices will be delivered or seen;
• (e) any Trusted Person will receive information, or receive it within any time; or
• (f) any information stored is accurate, complete, current, valid or legally effective.

24.2 Not professional advice. WiseTomorrow does not provide legal, tax, investment, insurance, medical or estate-planning advice, and is not a fiduciary. See the Legal Disclaimer. Our guides, checklists and worksheets are general information only.

24.3 Security limits. No method of transmission or storage is completely secure. We use reasonable safeguards appropriate to the sensitivity of the information (see our Security page), but we cannot guarantee that unauthorized access will never occur.

24.4 Physical product warranty. [LIMITED WARRANTY FOR THE WISE BOX AND WISE CARD, IF ANY]

25. Limitation of liability

25.1 Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WISETOMORROW AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, or for:

• lost profits, lost data, loss of goodwill, or lost inheritance or property;
• emotional distress; or
• the cost of substitute services,

arising out of or relating to the Services or these Terms, whatever the legal theory, even if advised of the possibility.

25.2 Specific exclusions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WiseTomorrow is not liable for loss or harm arising from:

• (a) a disclosure made in good faith under the Authorization Agreement, including a disclosure to someone who deceived our verification procedures;
• (b) a delay, denial or hold of an access request;
• (c) a notice that was sent but not received or acted on;
• (d) a Trusted Person's or third party's use of information after disclosure;
• (e) the content, validity or accuracy of information you store; or
• (f) unauthorized access to your account resulting from your failure to protect your credentials, email account, phone number or Wise Card.

25.3 Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WISETOMORROW'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO WISETOMORROW IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) 100 U.S. DOLLARS.

25.4 Exclusions where prohibited by law. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law. Depending on where you live, that may include liability for:

• gross negligence, fraud, or willful or intentional misconduct;
• death or personal injury caused by negligence; or
• violation of consumer-protection or data-breach statutes that do not permit waivers.

Some jurisdictions do not allow certain exclusions or limitations, so some of Section 25 may not apply to you. Where a limitation is not permitted in full, our liability is limited to the fullest extent the law allows.

26. Indemnification

26.1 To the extent permitted by law, you will defend, indemnify and hold harmless WiseTomorrow and its officers, employees and agents from third-party claims, and the resulting losses and reasonable costs (including reasonable attorneys' fees), to the extent arising from:

• (a) Content you had no right to store or direct be disclosed;
• (b) your violation of law or of a third party's rights; or
• (c) your breach of Section 9.

26.2 This Section does not apply to the extent a claim arises from WiseTomorrow's own negligence, misconduct or breach. We will notify you of any claim, and you may participate in the defense with counsel of your choice.

27. Dispute resolution, arbitration and class-action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

27.1 Informal resolution. Before starting arbitration or a court case, you and WiseTomorrow agree to try to resolve any dispute informally. Send a written notice to support@wisetomorrow.com or 826 Hampton Wood Ct, Sarasota, FL 34232 including your name, account email, a description of the dispute and the relief you seek. Each side will then negotiate in good faith for 60 days. Limitation periods are paused during that time.

27.2 Agreement to arbitrate.

• Except as stated in Section 27.4, any dispute, claim or controversy arising out of or relating to these Terms or the Services, including disputes about the scope or enforceability of this Section, will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its rules for consumer disputes in effect when the arbitration is filed.
• The Federal Arbitration Act governs this Section.
• The arbitrator may award the same individual relief a court could.
• Where you live. The arbitration will take place in the county where you live, or by video or on documents, unless you and we agree otherwise.
• Fees. WiseTomorrow will pay all filing, administrative and arbitrator fees above the amount you would pay to file a court case, unless the arbitrator finds your claim frivolous.

27.3 Class-action and jury waiver. YOU AND WISETOMORROW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one person. YOU AND WISETOMORROW WAIVE ANY RIGHT TO A JURY TRIAL. If a court decides that this class-action waiver is unenforceable for a particular claim, that claim (and only that claim) will be decided in court, and Section 27.2 will not apply to it.

27.4 Exceptions. Either party may:

• (a) bring an individual claim in small-claims court;
• (b) seek injunctive relief in court to stop unauthorized use or abuse of the Services or infringement of intellectual property; and
• (c) report matters to government agencies.

27.5 Mass arbitration. If 25 or more similar demands are filed by or with the help of the same counsel or coordinated group, they will be administered in batches under the provider's mass-arbitration procedures. Fees will be assessed per batch as those rules provide.

27.6 30-day opt-out. You may opt out of this arbitration agreement by emailing support@wisetomorrow.com from your account email within 30 days after first accepting these Terms, with the subject "Arbitration Opt-Out." Opting out does not affect any other part of these Terms.

27.7 Changes. If we materially change this Section, you may reject the change within 30 days. If you do, the prior version continues to apply to you.

28. Governing law and venue

28.1 These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-law rules. This does not deprive you of mandatory consumer protections of the state where you live.

28.2 Subject to Section 27, any court proceeding will be brought exclusively in the state or federal courts located in Sarasota County, Florida, and each party consents to personal jurisdiction there, except that you may bring an individual claim in the courts of the county where you live.

29. General

29.1 Third-party services. The Services rely on, and may link to, third-party services. These include:

• Amazon Web Services for hosting, storage, key management, email delivery and text-message delivery;
• Stripe for payments and identity verification; and
• carriers for shipping.

We are not responsible for third-party websites or services that we do not control. Their terms and privacy policies apply to your use of them. Our use of service providers to process your information on our behalf is described in the Privacy Policy.

29.2 Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control, including:

• natural disasters, epidemics, war, terrorism or civil unrest;
• labor disputes, and utility or internet failures;
• failures of cloud, email, text-message or identity-verification providers;
• cyberattacks despite reasonable safeguards; and
• government action.

29.3 Maintenance and outages. The Services may be unavailable during maintenance or outages. We try to schedule maintenance to limit disruption, but we do not commit to a service level. If an outage affects our notification systems or the Owner-facing app during a waiting period, we extend that waiting period by at least the length of the outage, and we do not release information automatically while those systems are not working properly.

29.4 Intellectual property. The Services, software, design, text, graphics, logos and the names "WiseTomorrow," "Wise Box" and "Wise Card" belong to WiseTomorrow or its licensors. You get a limited, revocable, non-transferable license to use the Services under these Terms.

29.5 Feedback. If you send us suggestions or feedback, we may use them without obligation to you.

29.6 Assignment. You may not assign these Terms without our consent. We may assign them, including in a merger, acquisition or sale of assets, if the assignee agrees to be bound by these Terms and the Authorization Agreements in effect.

29.7 No third-party beneficiaries. These Terms and the Authorization Agreement are for the benefit of you and WiseTomorrow only. A Trusted Person, heir, beneficiary, fiduciary or any other person is not a third-party beneficiary. None of them has any right to enforce these Terms, or to require WiseTomorrow to disclose or withhold information, except where applicable law independently gives that right.

29.8 Severability; no waiver; entire agreement.

• If any provision is unenforceable, it will be limited to the minimum extent necessary and the rest remains in effect.
• Failure to enforce a provision is not a waiver.
• These Terms and the documents in Section 1.2 are the entire agreement about the Services.

29.9 Changes to these Terms.

• We may update these Terms. We will post the new version with its effective date.
• For material changes, we will give at least 30 days' notice by email or in the app before they apply, except where a change is needed sooner for legal or security reasons.
• Continuing to use the Services after the effective date means you accept the updated Terms. We will ask for affirmative acceptance where the law requires or where the change affects the Authorization Agreement, arbitration or fees.

30. Electronic communications and signatures

30.1 You consent to receive all agreements, notices, disclosures and other communications from us electronically, by email to your account address, by text message to your verified mobile number, or in the app. Electronic communications satisfy any legal requirement that communications be in writing.

30.2 Your electronic acceptance of these Terms and related agreements is your electronic signature under the E-SIGN Act and applicable state law.

30.3 You may withdraw consent to electronic communications by closing your account. We cannot provide the Services without it.

30.4 Messages we send. Service messages include access-request notices and reminders, security alerts, billing notices and one-time codes. We send them by email and, if you have verified a mobile number, by text message. Message frequency varies. Message and data rates may apply. Reply HELP for help. You can reply STOP to stop text messages at any time. Carriers are not liable for delayed or undelivered messages. Text alerts are one of the ways we warn you about access requests. If you stop them, we will keep sending those notices by email, and options that depend on a verified mobile number, such as waiting periods shorter than 72 hours, may no longer be available.

31. Contact

Dark Ecommerce Labs, LLC, 826 Hampton Wood Ct, Sarasota, FL 34232

Support: support@wisetomorrow.com · Privacy: support@wisetomorrow.com · Legal notices: support@wisetomorrow.com · Security: support@wisetomorrow.com