Last Message Last Message beta v1.0.3

Terms of use

Last updated: 23 May 2026

Welcome to Last Message. These Terms of Use (hereafter the "Terms") govern access to and use of the Last Message service, made available through the ultimamensagem.com website and its subdomains and applications (the "Service"). By creating an account or using the Service, you declare that you have read, understood and fully accept these Terms, together with the Privacy Policy. If you do not agree with any part of these Terms, you must not use the Service.

1. Service provider identification

The Service is provided by:

2. Definitions

For the purposes of these Terms:

3. Acceptance of the Terms and capacity

  1. By registering, the User declares that they are at least 16 years of age and have the legal capacity to enter into this contract.
  2. The Service is not intended for persons under 16. The Company will close accounts found to belong to persons under 16.
  3. Users between 16 and 18 understand that some features (in particular, designating Recipients for the delivery of legal instructions, wills or similar content) may not have legal effect without the intervention of their legal representative.

4. Description of the Service

Last Message is an online platform that allows the User to:

All content is encrypted before being stored, as detailed in the Privacy Policy.

5. Verification and delivery mechanism

5.1. Life ping

  1. The Service periodically sends an email to the User (the "Life ping") to confirm their activity. The frequency and inactivity period are set in the account.
  2. The User is solely responsible for keeping their email address up to date and accessible, and for ensuring that Service emails are not filtered as spam.

5.2. Inactivity-conditioned Messages

  1. When the User stops responding to the Life ping for the defined period, successive alerts are sent.
  2. If the User has appointed Guardians, they will be contacted to confirm prolonged absence before the Messages are delivered.
  3. Without Guardians: the User acknowledges and accepts that, in the absence of Guardians, delivery of Messages depends solely on the lack of response to the Life ping for a minimum period of [NUMBER] days, with interim notices. The User understands and accepts that this option carries a higher risk of undue delivery (in particular in cases of illness, travel, loss of email access or forgetfulness) and releases the Company from liability for deliveries resulting from this assumed risk.
  4. Once delivered, the Messages are sent to the Recipients through a unique link and the Recipients access the decrypted content.

5.3. Date-scheduled Messages

Messages scheduled for a specific future date are delivered on that date, regardless of the User’s activity. They do not depend on the Life ping or on Guardian intervention.

5.4. Grace period

Before any inactivity-conditioned Message is finally delivered, a grace period of at least [NUMBER, e.g. 14] days is observed after the last notice, during which the User simply signing in to the account automatically cancels the delivery process.

6. User account

  1. The User is responsible for the confidentiality of their password and for all activity carried out under their account.
  2. The User undertakes to provide true, accurate and up-to-date information, and to notify the Company of any unauthorised use of their account.
  3. Sharing credentials, creating fake accounts or accounts in the name of third parties without their express consent is prohibited.
  4. The User may close their account at any time. Closure entails the deletion of all data and undelivered Messages, as set out in the Privacy Policy.

7. Prohibited content and uses

The User undertakes not to use the Service to create, store or send Messages that:

Notice and takedown. The Company does not actively monitor the content of Messages, since they are encrypted. However, upon receipt of a substantiated report that a Message violates these Terms or the law, or in compliance with a valid judicial or administrative order, the Company may suspend the account, prevent delivery and cooperate with the competent authorities under the applicable law.

8. Intellectual property

  1. Content created and uploaded by the User remains the property of the User. The User grants the Company a limited, non-exclusive and revocable licence, solely to store, process, encrypt and deliver such content under the terms of the Service.
  2. The software, brand, logo, design, source code, database and other elements of the Service are the property of the Company or its licensors and are protected by copyright, trademark and other intellectual property rights.
  3. Any reproduction, modification, distribution, reverse engineering or unauthorised commercial use of the Service is prohibited.

9. Plans, subscriptions and payments

9.1. Free plan

The User may use the Service free of charge, subject to the limitations stated on the plans page (in particular, the number of Messages, Recipients and Guardians, and the inability to attach files).

9.2. Paid plans

Paid plans (Monthly, Six-month, Annual) provide access to additional features, as described on the plans page. The prices and conditions in force are those published at https://ultimamensagem.com/premium.php at the time of subscription.

9.3. Payment processing

  1. Payments are processed by an external provider (currently PayPal). The Company does not store card or bank account data of the User.
  2. By subscribing, the User authorises automatic charging at the start of each new billing period until the subscription is cancelled.

9.4. Right of withdrawal (EU consumers)

  1. Under Portuguese Decree-Law No. 24/2014, of 14 February, the consumer User has the right to withdraw from the contract within 14 days of subscription, without justification.
  2. On subscribing, the User may opt for immediate provision of the Service. In that case, and under art. 17(2) of that Decree-Law, if the right of withdrawal is exercised after provision has begun, the User must pay an amount proportional to the portion of Service already used.
  3. To exercise the right of withdrawal, the User must send an unequivocal communication to <a href="mailto:info@ultimamensagem.com">info@ultimamensagem.com</a>.

9.5. Cancellation

  1. The User may cancel the subscription at any time, from their profile or directly with the payment provider.
  2. After cancellation, the User keeps premium access until the end of the billing period already paid. There is no partial refund for the unused period, except as set out in clause 9.4.

9.6. Payment failures

  1. If an automatic renewal is not processed successfully, an email notice will be sent and the payment provider will make new attempts.
  2. After 7 days without resolution, the account is automatically downgraded to the free plan.

9.7. Consequences of downgrade to the free plan

If the account moves to the free plan (by cancellation, payment failure or otherwise) and has Messages that exceed the free-plan limits, those Messages will be paused. Specifically, any Message will be paused that:

Paused Messages are not delivered until the subscription is reactivated. Paused Messages (and their attachments) are permanently deleted after 90 days from the downgrade, with no possibility of recovery. The User receives email notices before deletion.

9.8. Price changes

The Company may update plan prices. Any change will be notified by email at least 30 days in advance. Active subscriptions keep the original price until the end of the current billing period.

10. Limitation of liability

10.1. Nature of the Service

The Service is provided with the best technical and operational diligence, but does not constitute a notarial, legal custody, executorship or life insurance service. The User understands that the Service is an additional means of conveying messages and does not replace specialised legal services for succession purposes, in particular a public will.

10.2. Availability

  1. The Company makes reasonable efforts to ensure continuous availability of the Service, but does not guarantee uninterrupted, error-free or fault-free availability.
  2. Scheduled interruptions may occur for maintenance, updates or incident remediation.

10.3. Delivery of Messages

  1. Delivery of Messages depends on factors outside the Company’s direct control, in particular: availability of the Recipient’s email services, validity of the email address on the delivery date, timely action by Guardians (where applicable) and the User’s diligence in answering the Life ping.
  2. The Company does not guarantee that all Messages will actually be received, read or understood by the Recipients.

10.4. Legal limits

To the maximum extent permitted by applicable law, and save for cases of wilful misconduct or gross negligence, the Company’s total liability towards the User, for all direct damages relating to the Service, is limited to the amount actually paid by the User in the 12 months preceding the event giving rise to the liability. The Company is not liable for indirect damages, loss of profit, loss of opportunity or moral damages arising from the non-delivery or late delivery of Messages, save as required by mandatory law.

10.5. Statutory guarantees

Nothing in these Terms excludes or limits the Company’s liability for wilful misconduct, gross negligence, damage to life or physical integrity, or other situations in which such limitation is prohibited by mandatory law, in particular under consumer protection legislation.

11. The account after the User’s death

  1. After the delivery process is triggered and the Messages have actually been delivered, the account is closed and the data is handled as set out in the Privacy Policy.
  2. Heirs or other legitimate holders may request the Company, upon presentation of adequate evidence (in particular a death certificate and proof of succession), to delete the data or to suspend deliveries not yet made, under art. 17 of Portuguese Law No. 58/2019.
  3. The Company does not provide heirs with the content of encrypted Messages that have not been delivered, since the User intended them specifically for the indicated Recipients.

12. Account suspension and closure by the Company

The Company may suspend or close the User’s account, with reasonable prior notice (save in urgent cases), in the following situations:

In the event of closure for serious breach, the User is not entitled to a refund. In other cases, the User will be refunded the amount proportional to the unused period of the subscription.

13. Discontinuation of the Service

  1. The Company is committed to the long-term continuity of the Service, given the nature of its proposition. If, due to force majeure, dissolution, insolvency or strategic decision, it decides to discontinue the Service, it will notify Users of its decision at least 90 days in advance.
  2. During the notice period, the User may export their data, download the content of their Messages (after strong authentication) and close the account free of charge.
  3. Users with active subscriptions will be refunded the amount proportional to the paid and unused period.

14. Changes to the Terms

  1. The Company may update these Terms whenever necessary, in particular due to legislative changes, evolution of the Service or clarification.
  2. Material changes will be notified at least 30 days in advance by email and will be available at https://ultimamensagem.com/termos.php.
  3. If the User does not agree with the changes, they may close their account before the changes enter into force, with the right to a proportional refund of the paid and unused period.
  4. Continued use of the Service after the changes enter into force constitutes acceptance.

15. Communications

Communications between the User and the Company are made by email, to the addresses registered in the account and info@ultimamensagem.com respectively. The User is responsible for keeping their address up to date.

16. Governing law and dispute resolution

  1. These Terms are governed by Portuguese law.
  2. Any disputes arising out of these Terms shall fall within the jurisdiction of the courts of the district of [CITY OF REGISTERED OFFICE], with express waiver of any other, without prejudice to the mandatory rules of consumer protection.
  3. Alternative consumer dispute resolution. In the event of a consumer dispute, the consumer User may resort to an alternative consumer dispute resolution body, under Portuguese Law No. 144/2015, of 8 September. A list of available bodies is at www.consumidor.gov.pt. The competent body is, in particular: [INDICATE COMPETENT ARBITRATION CENTRE BY TERRITORY, e.g.: CNIACC — National Centre for Consumer Conflict Information and Arbitration, www.cniacc.pt].
  4. ODR platform. The European Commission provides an online dispute resolution platform, available at https://ec.europa.eu/consumers/odr.

17. Final provisions

  1. If any provision of these Terms is held to be void or ineffective, the remaining provisions shall remain in force.
  2. The Company’s tolerance of any breach does not constitute a waiver of its rights.
  3. The User may not assign their contractual position without the prior written consent of the Company. The Company may assign its position in the event of corporate reorganisation, merger or disposal of the Service, upon prior notice to the User.
  4. These Terms, together with the Privacy Policy, constitute the entire agreement between the User and the Company in relation to the Service.

— End of Terms of Use —