Trusted Person Access Terms

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

Provider: Dark Ecommerce Labs, LLC, which operates WiseTomorrow ("WiseTomorrow", "we", "us").

Who these Terms are for. You ("you", the "Requester") are asking for, or have been given, access to information stored with WiseTomorrow by one of our customers (the "Owner"). The Owner named you as a Trusted Person. You do not need a WiseTomorrow account. These Terms apply to your use of the access process and of any information you receive. By checking the boxes and continuing, you agree to them.

1. What WiseTomorrow is, and is not

1.1 WiseTomorrow is a technology service. Owners use it to store information and to tell us who may receive it and under what conditions. Any access we give you is based only on the Owner's instructions and the checks described below.

1.2 WiseTomorrow does not decide your legal rights. We do not decide, and nothing we do or say means, that you are:

• an heir or beneficiary;
• an executor, personal representative, trustee, guardian or agent;
• a person with authority over the Owner's property, accounts, business, health care or estate; or
• entitled to anything described in the information.

Receiving information through WiseTomorrow gives you no legal authority. A bank, insurer, court or other organization may require its own documents (for example, letters of administration, a power of attorney or a death certificate) before it will deal with you.

1.3 Information is provided "as the Owner left it." The Owner created the information. It may be out of date, incomplete, inaccurate, superseded, or legally invalid. WiseTomorrow has not checked it. Documents such as wills, deeds, policies or powers of attorney may have been revoked or replaced, and a copy stored here may not be legally effective. Get advice from a qualified professional before relying on anything you find.

1.4 WiseTomorrow does not give legal, tax, financial, insurance, medical or estate-planning advice. See the Legal Disclaimer.

2. The access process

2.1 Steps.

• (a) You give your legal name and an email address or mobile number. If they match a Trusted Person the Owner named, we send a one-time code to the contact details the Owner gave us, and you enter it to confirm them. For privacy reasons, we show the same message whether or not your details matched.
• (b) You complete identity verification with our provider (Section 4).
• (c) If the Owner requires it, you provide supporting documents (for example, a death certificate or court order), and your request may be reviewed by WiseTomorrow staff. Some Owners allow access only if they personally approve it.
• (d) The Owner is notified by email and, where available, by text message, and so are those of the Owner's other Trusted People whom the Owner chose to be told. A waiting period set by the Owner begins. If the Owner gave us another way to reach you, we also send a notice to you there, so that you can tell us if someone else made the request in your name.
• (e) Access opens when the waiting period ends if the Owner has not stopped the request, no one has raised a concern that leads to a hold, the Owner's other conditions have been met, and we have confirmed that at least one notice reached the Owner. The Owner may also approve it earlier.
• (f) To open the information, you confirm your email address with a one-time code and accept the certifications in Section 3. We ask you to do this again on a new device, and to confirm the certifications again at least every 30 days while you have access.

2.2 No guarantee of access; no right to require disclosure. Being named as a Trusted Person does not give you a contractual right to receive information from WiseTomorrow. You are not a third-party beneficiary of the Owner's agreements with WiseTomorrow. WiseTomorrow does not promise that you will be given access, or that access will be given within any particular time. We may delay, deny, pause, cancel or end access (Section 6). The Owner may stop or revoke access at any time, including after you have started or completed viewing.

2.3 Keep your details private. Do not share your one-time codes, access links or session with anyone. Anything done using them will be treated as done by you.

2.4 Not for emergencies. The access process involves verification and a waiting period, and it takes time. If this is an emergency, call 911.

3. Your certifications

When you start a request, and again before any information is shown to you, you certify that:

• (a) You are the person identified in the request. You are the person the Owner named, and you are acting for yourself, not for someone else.
• (b) Everything you submit is true and complete. This includes your name, contact details, and any reason or document you provide.
• (c) Documents are genuine. Any ID document, image or selfie you submit is authentic, unaltered, and of you, and any supporting document you submit is authentic and unaltered.
• (d) You are not impersonating anyone and are not using another person's email account, phone number, identity or documents.
• (e) You have not bypassed or tampered with security. You have not got around, and will not try to get around, any verification, rate limit or access control, including by guessing codes or links, using automated tools, or using another person's device or session without permission.
• (f) Your purpose is lawful. You are asking for access for a lawful purpose connected with the Owner's wishes, such as helping the Owner or the Owner's family, or settling the Owner's affairs.
• (g) You understand the basis of access. Access is provided only because of the Owner's authorization, and WiseTomorrow does not determine inheritance, beneficiary status or legal authority.
• (h) You understand the information may be outdated or incomplete and has not been checked by WiseTomorrow.

4. Identity verification

4.1 Provider. We use Stripe, Inc., through its Stripe Identity service (the "IDV Provider"), to verify your identity. The IDV Provider may ask for:

• a photo of a government-issued ID;
• a selfie or live image;
• your name, date of birth and other details on the ID; and
• device and network information.

It may use automated tools, including facial comparison between your selfie and your ID, and fraud and risk checks.

4.2 What we receive. From the IDV Provider we receive the verification result, the name and date of birth on your verified ID, and a reference number. We do not receive or store images of your ID or selfie. The IDV Provider processes those under its own terms and privacy notice, which you will be shown before you start. We compare the verified name with the name the Owner entered and, if the Owner entered one, the verified date of birth with the date of birth the Owner entered.

4.3 Biometric information. Some steps may involve creating a facial geometry template or similar biometric identifier. The IDV Provider will ask for your separate consent before it collects biometric information, and that consent governs its collection, use, retention and destruction of that information. WiseTomorrow does not receive your biometric identifiers.

4.4 Verification is not a statement about you. If verification fails or is inconclusive, that is not a finding that you did anything wrong. Common innocent causes include a recent name change, such as after marriage, or an expired ID. The number of verification attempts is limited. Contact support@wisetomorrow.com. We may allow another attempt or send the request for manual review.

4.5 If you can't use online verification. If a disability, lack of a smartphone or camera, or lack of a current government ID prevents you from completing online verification, contact support@wisetomorrow.com. We will consider reasonable alternatives, such as a manual review of notarized identity documents together with a video call. Any alternative must give WiseTomorrow comparable confidence in your identity. It may take longer, and it remains subject to the Owner's other conditions.

4.6 If someone used your identity. If you receive a notice about a request you did not make, or believe someone used your identity or documents, use the "This wasn't me" link in that notice or email support@wisetomorrow.com right away. We will:

• stop the request and end any access granted under it;
• mark the records as disputed;
• notify the Owner neutrally; and
• preserve evidence for you and law enforcement.

We can also provide a written summary you can use with an identity-theft report (for example, at IdentityTheft.gov).

5. Rules for using the information

5.1 Limited, personal permission. If access is granted, WiseTomorrow gives you a limited, revocable, non-transferable permission to view, and where the Owner allowed it download, the information the Owner made available. You may use it only for the lawful purpose you certified.

5.2 You must:

• (a) keep the information confidential and reasonably secure, including any copies you download or print;
• (b) share it only with people who genuinely need it for that purpose (for example, the Owner's attorney, the personal representative of the Owner's estate, or family members the Owner would expect to be involved), and only to the extent needed; and
• (c) follow all laws that apply to the information, including privacy, data-protection and financial-account laws.

5.3 You must not:

• (a) use the information to commit fraud or identity theft, or to access accounts, property or services you are not legally authorized to access;
• (b) publish or sell the information, or share it unlawfully;
• (c) use passwords, PINs or login details for third-party accounts unless you are legally authorized to do so. Logging into another person's accounts, including after their death, can breach the account provider's terms and computer-access or other laws, even if the Owner wanted you to. Get advice first;
• (d) use the information to harass, threaten, intimidate or harm anyone; or
• (e) try to access information beyond what is shown to you, or information of any other WiseTomorrow customer.

5.4 Your responsibility. You are responsible for what you do with the information after it is made available to you. WiseTomorrow does not supervise that use and is not responsible for it.

6. Delays, holds, denials and ending access

6.1 WiseTomorrow may delay, deny, pause, place on hold, cancel, or end access at any time. We may also ask you, the Owner or others for more information, or ask for a court order, if we reasonably believe that:

• (a) there are signs of fraud, impersonation or unusual activity;
• (b) verification results are inconclusive or flagged;
• (c) someone has raised a concern or a competing claim;
• (d) the Owner has changed or revoked their instructions, or we could not confirm that a notice reached the Owner; or
• (e) disclosure may be unlawful or contrary to a court order.

6.2 Competing claims. If there is a dispute about who should receive the information, WiseTomorrow may keep the request on hold until the dispute is resolved by agreement of the people involved, by the Owner, or by a court order. WiseTomorrow will not decide between you and anyone else. A request that stays on hold for 90 days without progress may be stopped, with notice to you. You may then start a new request.

6.3 How long access lasts. Access lasts 12 months from when it is granted. It can be renewed, either by the Owner or by you verifying your identity again. Access ends sooner if the Owner revokes it, if the Owner removes, pauses or changes your details as a Trusted Person, if WiseTomorrow ends it under these Terms, or if the service or the Owner's account is no longer available. Download anything you legitimately need, and are allowed to download, while you have access. WiseTomorrow does not promise the information will remain available.

7. Fraud and misuse

7.1 If you submit false information, impersonate someone, use forged or stolen documents, or try to get around our security:

• we will deny or end access;
• we may block you, your devices and your contact details from future requests;
• we may notify the Owner, the Owner's other Trusted People, the IDV Provider and affected third parties; and
• we may report the matter to law enforcement and cooperate with any investigation.

7.2 Obtaining or trying to obtain someone else's information by deception may be a crime. Examples include identity theft and fraud laws, and computer-crime laws such as 18 U.S.C. § 1030 and Fla. Stat. §§ 815.06 and 817.568.

8. Privacy

8.1 WiseTomorrow processes your information as described in the WiseTomorrow Privacy Policy, in particular the section about requesters. In summary, we keep:

• a record of your request;
• the contact details you gave, in hashed form;
• your name as you entered it, encrypted;
• your verified name, and your verified date of birth for 90 days after the request is decided;
• any supporting documents you submit;
• your IP address and device information;
• notices sent, and any concern or report you make; and
• what you viewed and downloaded.

We use these records to operate the access process, prevent fraud, and keep an audit trail for the Owner and for legal purposes. The Owner, and the Owner's representatives, can see that you made a request and what happened to it.

8.2 We may share information about your request with the Owner, those of the Owner's other Trusted People whom the Owner chose to be told (they are told that a request was made and by whom), our service providers, and others as the Privacy Policy describes.

9. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ACCESS PROCESS AND THE INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE." WiseTomorrow makes no warranty that:

• access will be granted, or granted on time;
• the information is accurate, complete, current, lawful or legally effective; or
• the service will be uninterrupted or error-free.

10. Limitation of liability

10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WISETOMORROW AND ITS OFFICERS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS ARE NOT LIABLE TO YOU FOR:

• (a) any denial, delay, hold or ending of access;
• (b) the content of the information, or any decision you make based on it;
• (c) any failure of verification; or
• (d) any indirect, incidental, special, consequential, exemplary or punitive damages, or lost profits, lost inheritance, lost property or lost opportunity.

10.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WISETOMORROW'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THESE TERMS OR THE ACCESS PROCESS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

10.3 What is not limited. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law. That may include liability for gross negligence, fraud, or willful or intentional misconduct.

11. Your indemnity

To the extent permitted by law, you agree to indemnify and hold harmless WiseTomorrow, its officers, employees and agents from claims, losses and reasonable costs (including reasonable attorneys' fees) arising from:

• (a) any false certification or false information you gave;
• (b) your misuse or unlawful disclosure of the information; or
• (c) your breach of Section 5 or 7.

12. Disputes and governing law

12.1 Governing law. These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Mandatory consumer protections of the state where you live still apply.

12.2 Informal resolution first. Before starting any formal proceeding, contact support@wisetomorrow.com and give us 60 days to try to resolve the matter.

12.3 Where disputes are heard. Any dispute will be resolved exclusively in the state or federal courts located in Sarasota County, Florida, and you consent to their jurisdiction, except that either party may bring an individual claim in small-claims court.

13. Electronic communications

You consent to receive notices about your request electronically, by email or text message at the email address or phone number you gave or that the Owner gave us for you. You agree that your electronic acceptance of these Terms is your signature.

14. General

• These Terms, the Privacy Policy, and any notice shown to you during the process are the entire agreement between you and WiseTomorrow about the access process.
• If a provision is unenforceable, the rest remains in effect.
• We may update these Terms. The version you accepted at each step, identified by its version number, applies to that step.

15. Contact

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

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