GivePeace Digital Legacy Designation Agreement

Version 1.0 — Effective October 3, 2026

This Digital Legacy Designation Agreement (the "Agreement") is between you and Give Peace Inc., a Delaware corporation ("GivePeace," "we," "us," or "our"). It governs the choices you make on GivePeace about your recorded messages: who receives each message you seal, who serves as your trustee, and when a time capsule you scheduled arrives. We call each of those choices a designation.

This Agreement deliberately stands apart from our Terms of Service. You accept it separately, at the moment you first make a designation, with its own step. We built it this way on purpose: the law in most U.S. states gives the highest priority to directions a person records in a dedicated online tool — an agreement distinct from a provider's ordinary terms of service — and we want your choices to carry all the weight the law can give them.

Words defined in the Terms of Service mean the same thing here. In particular: a member is an account holder ("you"); a trustee is a person a member appoints for death notification and confirmation only; a recipient is the person a member chooses to receive a specific message; an armed message is a recorded message set to be released after the member passes away; and release is our delivery of an armed message after death verification completes and the 48-hour final call has passed.

You can read this Agreement again whenever you want a second look; Section 7.4 says where. On an app like this, "what does this mean for me?" should never be a mystery.

1. What a Designation Is

1.1 A present direction, effective now. A designation is a direction you give us today, while you are alive — not something that waits until you pass away to exist. The moment you choose a recipient for a message, or name a trustee, you have given GivePeace a binding contractual instruction, and we are bound to honor it from that moment on. What waits until after your death is only our performance — the delivery itself. The direction is effective now.

1.2 Three kinds of designation.

(a) A recipient designation: when you seal a message, you choose the person it is for. That choice directs us to deliver that message to that recipient, and to no one else, after your death is verified.

(b) A trustee designation: you name a person whose only role is to tell us when you have passed away, and to confirm or contest what others report.

(c) A capsule designation: when you schedule a time capsule, you choose the person it is for and the calendar date it should arrive. That choice directs us to deliver that message to that recipient, and to no one else, on that date — whether you are alive on that date or not. The date is the only trigger. That holds while your account is active: if your account is deactivated, suspended, or being deleted, a capsule that comes due is held rather than delivered, as the Terms of Service describe. After you pass away, and only then, a family member or personal representative may ask us to stop a capsule that has not yet been delivered; we verify both the death and that person's relationship to you before we act, as our Legal Process & Estate Requests Policy describes; while you are alive, only you can cancel it. A capsule is never part of your release plan and is never delivered by our death process, but it remains a designation under this Agreement — only its timing sits outside the death process.

1.3 Revocable, always. Every designation is revocable by you at any time while you are alive. Section 4 states this guarantee in full, because it is the heart of this Agreement.

1.4 Your designations direct us — not the people you name. A designation is an instruction to GivePeace. It places no obligation on the person you name:

(a) Recipients are not notified. Designating a recipient does not tell them anything. The first a recipient learns that a message exists is when it is delivered to them.

(b) Trustees must accept for themselves. Naming a trustee gives that person no role and no authority by itself. They become your trustee only once consent is recorded through the Service: for a person you invite, by receiving the invitation we send, opening it, and explicitly accepting — and the invitation expires if they do not accept within the period stated in the Trustee & Recipient Terms; where the Service matches a person you named by phone, only after you confirm that match, as the Terms of Service describes. There is one path that begins with the adult rather than with you: if you are 13 to 17 and a parent or guardian consents to your arming under the Terms of Service, that adult becomes the trustee on your plan by completing the consent process itself — the identity check and the consent record — rather than by accepting a trustee invitation. However a trustee comes to be, they do so under the Trustee & Recipient Terms: their own agreement with us, separate from yours.

1.5 If you never designate. If you never make a designation of any kind — no armed message, no trustee, no time capsule — this Agreement never takes effect for you, and the default rules in the Terms of Service apply instead.

2. The Law Behind This Agreement

2.1 GivePeace is a custodian of your digital assets. Your sealed messages and videos are electronic records in which you have a right or interest — what the digital-assets laws of most U.S. states (based on the Revised Uniform Fiduciary Access to Digital Assets Act) call digital assets, held by GivePeace as their custodian.

2.2 This Agreement is the online tool. Under those laws, this Agreement is the online tool: your use of an electronic service, in an agreement distinct from the terms of service, to direct the disclosure — and the non-disclosure — of your digital assets. Every designation you make under this Agreement is such a direction.

2.3 Priority over other records. Your designations are intended to have priority over any contrary direction in a will, a trust, a power of attorney, or any other record, to the extent such laws apply. If your will says one thing about your messages and your designations here say another, you intend — and we will treat — the designation recorded here as controlling. Because these laws condition that priority on your freedom to modify or delete your directions at all times, Section 4's guarantee is not just a kindness; it is what makes your designations outrank everything else.

2.4 Where those laws do not apply. Not every state has enacted such a law, and enactments vary. Where no such law applies, your designations still bind us in full as your contractual directions under this Agreement, and your consent under federal law (Section 3) still stands. We honor recorded designations everywhere, the same way, whatever state you live in.

2.5 The law's word for the people you choose. These statutes call a person chosen through an online tool a "designated recipient," and they say expressly that such a person is not held to the legal standards of a fiduciary. That matches this Agreement exactly: your trustee is designated only to carry out the narrow role described in Section 5.3, and each message recipient is the person to whom you direct disclosure of that message. No one is made a fiduciary (Section 5).

2.6 Our terms never override you. Nothing in our Terms of Service, and nothing anywhere else in our documents, overrides, narrows, or redirects a designation you record here. If the Terms of Service and this Agreement ever appear to conflict about who receives a message or who serves as trustee, this Agreement controls.

3. Your Consent Under the Stored Communications Act

3.1 The law, plainly. A federal law — the Stored Communications Act, 18 U.S.C. § 2702 — limits when a service like ours may disclose the contents of the communications it stores. Among its exceptions, it permits disclosure to the "addressee or intended recipient" of a communication, and disclosure made with the "lawful consent" of the person who originated the communication. Your designations are built to satisfy both, so that delivering your messages is lawful in every state.

3.2 What each recipient designation grants. Each time you designate a recipient for a message, you state and agree that:

(a) you are the originator of that message;

(b) the recipient you named is its addressee and intended recipient; and

(c) you give your express, lawful consent under the Stored Communications Act for GivePeace to disclose that message — its video, its sound, and its words — to that recipient, once your death has been verified and release completes under the Death Verification & Posthumous Release Policy; and

(d) for a time capsule, you give that same consent for the calendar date you chose, whether you are alive on that date or not. A capsule is scheduled speech: its delivery never waits for death verification and never needs it. But if you have passed away by the day you picked, we are still disclosing your words after your death, and this is the consent that makes doing so lawful.

3.3 What you direct us not to disclose. By the same designation, you direct us not to disclose that message, or your other communications on the Service, to anyone other than the recipient you named — including a personal representative, executor, or administrator of your estate — except as our Legal Process & Estate Requests Policy describes or as the law requires. Your messages go to the people you chose, and only to them. That is the promise you are recording, and this direction is what lets us keep it when someone else comes asking.

3.4 These consents survive you. Your consent and your non-disclosure direction under this Section take effect immediately, continue while you are alive, and survive your death — that is their entire purpose. You can withdraw or change them at any time while you are alive by changing the designation itself (Section 4).

4. Always Yours to Change

4.1 Editable and revocable at all times while you are alive. You may add, change, or remove designations at any time while you are alive: choose a different recipient, delete a message, name a new trustee, remove a trustee. Changes take effect immediately, the moment you make them. A time capsule has one narrower rule about editing, and none at all about stopping it: for 30 days after you seal a capsule you can change its date, change who receives it, or record it again, and after those 30 days the content and the date are locked — but you can cancel a capsule at any time while you are alive, right up to the moment it is delivered, and a cancelled capsule is never delivered.

4.2 We never freeze a living member's designations. Not while a death report about you is pending. Not during any waiting period or countdown. Not during the 48-hour final call. Nothing in the death-verification process ever locks a living member out of editing or revoking their designations; access to your account can be restricted only where the Terms of Service provide — if you deactivate or delete your account, or if we suspend or terminate it. If someone has reported you dead and you are alive, the app shows you a banner while any countdown is running: tap it, let your phone check that it is really you, and the process stops — and if your phone cannot make that check, we accept your confirmation anyway, as the Death Verification & Posthumous Release Policy describes. If an account has already been marked as passed away, you cannot undo that from your phone — tell us from the notice in the app: a person on our team takes it up, verifies that you are you, and reverses the record, as Section 11 of that policy describes. Either way, your designations were editable the entire time.

4.3 How revocation works. Removing a recipient or deleting a message revokes that message's designation. Deleting a message is permanent: it is removed from your plan for good and will never be delivered to anyone. Removing a trustee ends that trustee designation immediately. Revoking one designation never disturbs the others.

4.4 We keep the record. We record each designation, each change, and each revocation, with its date and time. Years from now, when you can no longer speak for yourself, that record is how we prove we did exactly what you directed — nothing more, nothing less.

4.5 The one case where another person's decision can undo what you set up. If you are 13 to 17 and you armed your drafts with a parent's or guardian's consent, that adult can withdraw the consent at any time. Withdrawing it undoes the arming: those messages go back to being private drafts, the designations you set up are deactivated, and invitations already sent to your recipients are withdrawn. Nothing you recorded is deleted — your words stay yours, and you can arm them again if consent is given again, or on your own at 18. If the parent or guardian who consented passes away or deletes their account before you turn 18, what you already armed stays armed, and arming anything new waits until another parent or guardian consents. While you are alive, this is the only case in which someone other than you can unmake a designation you recorded, and it ends on your 18th birthday, when the plan becomes fully your own. The one thing that can happen after your death is described in Section 1.2(c).

5. What This Agreement Is Not

5.1 Not a will. This Agreement and your designations are a present, revocable, contractual direction to a service provider, effective now, while you are alive. They are not a will, a trust, or any other testamentary instrument, and they are not a substitute for one. They transfer no property. They dispose of nothing in your estate. They appoint no executor and no guardian.

5.2 A message cannot bequeath assets. Your messages carry your words — they cannot carry your property. You may not use a message to make a gift, a bequest, or a direction about property, and the Terms of Service and Community Guidelines prohibit it. A message that says "the ring is yours" delivers words, not the ring; the ring passes under your will or your state's law, never under this app. If you want to leave property to someone, please make a legal will with an attorney or a service built for that. We would genuinely rather you have both: a will for your things, GivePeace for your words.

5.3 No fiduciary is appointed. A trustee's only role is to tell us a person has passed away, and to confirm or contest what others have reported. A trustee is not a fiduciary, does not hold or inherit anything, and can never see who a member's recipients are, which messages exist, or what any message says, except the name of a person claiming a message, when we ask that member's primary trustee — the first trustee they named, unless they have chosen another — to approve that claim. Nothing in this Agreement — and no designation made under it — appoints a trustee, a recipient, or anyone else as an executor, agent, attorney-in-fact, guardian, or fiduciary of any kind.

5.4 The everyday word "will." In the app we sometimes call your collection of sealed messages your "will." That word is used in its everyday, heartfelt sense — the things you want said — never its legal sense. Section 5.1 is the rule; the app's warmth does not change it.

6. Who, Not When

6.1 This Agreement governs who. Who receives each message. Who serves as trustee. Who may not receive your communications. That is its territory — with one addition: for a time capsule it also governs the date you chose, because that date is the whole of the message's timing, subject only to the narrow exceptions Section 1.2(c) and the Terms of Service describe.

6.2 The Death Verification & Posthumous Release Policy governs when — and whether. How a death is reported, corroborated, and verified; the waiting periods; the review of death certificates; the 48-hour final call we send before every release; and the rule that "I'm alive" always wins — all of that lives in the Death Verification & Posthumous Release Policy, and nothing in this Agreement shortens, accelerates, or bypasses any of it. A designation names the destination; it never starts the journey. A capsule is the one thing that never enters that policy at all: no waiting period, no death verification, no final call, because a capsule is not a death-released message. You started that journey yourself, on the day you picked. The two narrow cases in which a scheduled capsule can be held or stopped are described in Section 1.2(c), and neither runs through that policy.

6.3 A direction, not a guarantee. Designating a recipient directs delivery; it does not guarantee delivery or its timing. The Terms of Service and the Death Verification & Posthumous Release Policy describe plainly how delivery can fail or be delayed, and why deliberate slowness is a design we chose: releasing a living person's messages by mistake is the one failure we refuse to risk. Delays are part of the design, and your designations operate inside it.

7. Accepting This Agreement

7.1 Who may designate. As the Terms of Service provide, you must be at least 18 years old to arm messages or name trustees — and there is one exception, set out in full there. If you are 13 to 17 and a parent or guardian completes the consent process in the Terms of Service, you may arm your own drafts before you turn 18; you still cannot name a trustee, because the parent or guardian who consented becomes the trustee on your plan. Separately, any member 13 or older can schedule a time capsule and choose who receives it. So this Agreement is entered by everyone who makes a designation of any kind: most members at 18 or older, and members 13 to 17 who schedule a capsule or who arm with a parent's or guardian's consent.

7.2 When and how you accept. You accept this Agreement electronically, the first time you make a designation — when you arm a message, name a trustee, or seal a time capsule. We present it at that step, and your acceptance is its own act — separate from your acceptance of the Terms of Service or anything else. Our servers record the version you accepted and when you accepted it. Every designation you make afterward is made under this Agreement.

7.3 Electronic records and signatures. You agree that this Agreement, your acceptance of it, and every designation, change, and revocation you make are electronic records and electronic signatures, and that they may not be denied legal effect, validity, or enforceability solely because they are electronic, consistent with the federal E-SIGN Act and state equivalents. You consent to receive this Agreement, and notices about your designations, electronically — in the app and by email to your account address.

7.4 Copies. You can read this Agreement in the app under Settings → Legal, and at givepeace.co, at any time, and you can save or print it from givepeace.co. If you would rather have a paper copy, our SMS & Communications Terms explain how to request one, free of charge.

7.5 If you no longer want to transact electronically. GivePeace is an electronic service, so designations can only be made and maintained electronically. If you no longer wish to deal with us electronically, you may revoke your designations and delete your account at any time. Stepping away from electronic dealings does not undo designations you already recorded; they stand until you revoke them.

8. If You Delete Your Account

8.1 Deletion ends your designations. Deleting your account starts the 30-day grace period described in the Terms of Service and the Privacy Policy. When deletion becomes permanent, your designations end with the account — with one narrow exception, below. Scheduled time capsules end with the account too: a capsule that comes due during the grace period is held rather than delivered, and it goes out late only if you restore your account; permanent deletion deletes it.

8.2 The delivery archive. As the Privacy Policy describes, deletion preserves a minimal delivery archive — an encryption key and message references — solely so that armed messages you acknowledged and chose to leave armed when you deleted your account can still deliver. For those messages, and only those, the recipient designations you recorded survive deletion, so the delivery you set up can still complete. If you would rather nothing ever deliver, delete or disarm your messages before deleting your account, and nothing will.

8.3 If you pass away during the grace window. If you pass away during the 30-day grace period, messages you left armed and confirmed for delivery still deliver through the delivery archive; the rest of the deletion completes. Your designations for those messages are honored even then.

9. If the Service Ever Winds Down

9.1 The commitments that follow your designations. The Terms of Service bind us — and any acquirer or successor — to real commitments if GivePeace ever has to shut down: at least 90 days' advance notice, and your choice among (a) exporting your unreleased messages free of charge, (b) opting in to transfer your sealed messages — together with the designations and delivery schedule you set — to a named successor custodian bound in writing to terms no less protective, or (c) immediate deletion. Deliveries already in flight for members who have passed away complete first.

9.2 Your designations never transfer without you. A transfer to a successor happens only if you elect it. If no successor custodian exists, or if you make no election, destruction of your messages and keys is the default — and your designations end with them. Your designations, like your messages, will never become an asset in someone else's hands by our inaction.

10. Severability and Survival

10.1 Of this Agreement. If any provision of this Agreement is found unenforceable, it will be modified to the minimum extent necessary, and the rest remains in force.

10.2 Of each designation. Every designation is severable, and a designation invalid in one respect survives in every other respect. If a designation is ineffective as to one recipient, your designations for other messages and recipients stand. If a trustee designation fails — because the person never accepts, resigns, or is ineligible — your recipient designations are untouched. If the law of your state does not give a designation priority over a will, the designation still operates in full as your lawful consent under the Stored Communications Act and as your binding contractual direction to us. A designation is honored to the fullest extent it lawfully can be, in every respect it lawfully can be.

10.3 Survival. Your designations, and your consents and directions under Section 3, survive your death to the extent needed to complete the deliveries you set up and honor the choices you made in life. This Agreement survives for the same purpose.

10.4 Termination for violation. The Terms of Service provide that if we terminate your account for a material violation, your sealed, unreleased messages are not delivered. That is a limit on the service we perform, not a disclosure of your messages: even then, we honor your non-disclosure direction under Section 3.3. A terminated account's messages are not delivered to anyone you did not choose — and they are not handed to anyone else, either.

11. Disputes, Governing Law, and This Agreement's Place

11.1 Between you and us only. This Agreement binds only you and GivePeace. It does not bind your trustees, your recipients, your heirs, or your estate's representatives. Trustees and recipients have their own agreement — the Trustee & Recipient Terms, which they accept for themselves — and requests from estates and courts are governed by the Legal Process & Estate Requests Policy.

11.2 Disputes. You are a member of the Service, and any dispute between you and GivePeace arising out of or relating to this Agreement is resolved under the Dispute Resolution section of the Terms of Service you accepted — including its 60-day informal-resolution step and your right to opt out of arbitration.

11.3 Governing law. Like the Terms of Service, this Agreement is governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules — except that the digital-assets law that applies to your designations is generally that of your own state, and nothing in this Agreement takes away any protection that law gives you or your designations.

12. Changes to This Agreement

12.1 Versions. We may update this Agreement as the Service and the law evolve. The version and effective date appear at the top. We archive prior versions and will provide them on request to support@givepeace.co.

12.2 Notice you can act on. For material changes, we will give you at least 30 days' advance notice by email and in the app before the new version takes effect.

12.3 Changes never take your designations. No update to this Agreement will ever revoke a designation you recorded, reduce your right to edit or revoke your designations at all times while you are alive, or weaken the non-disclosure direction in Section 3.3 without your affirmative consent. Designations you recorded under an earlier version remain in force under the new one until you change them.

13. Contact Us

Before you write to us, please check our Help page at givepeace.co/help. Most questions — about your account, your messages, trustees, delivery, purchases, and your rights — are answered there, and it is the same page our support team relies on.

Give Peace Inc. support@givepeace.co givepeace.co

Legal notices should state "Attn: Legal" in the subject line.

If a designation you made no longer says what you mean — change it. That is what this Agreement is for.

Digital Legacy Designation Agreement v1.0 — Effective October 3, 2026