Terms of Service

Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the websites of Falconbay LLC, doing business as Falcon Bay Services (“Falcon Bay”), and its customer portals, digital-estate services, document services, consultations, subscriptions, and related offerings.

By using the services, creating an account, purchasing a service, or accepting a proposal or statement of work that incorporates these Terms, you agree to these Terms.

If you do not agree, do not use the services.

Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to create an account or purchase services.

If you are acting for another person, an estate, a trust, a business, or another legal entity, you represent that you have authority to do so.

Falcon Bay Services

Falcon Bay provides assistance relating to digital estates and digital-property administration. Services may include:

• digital-estate discovery and inventory;
• digital-estate setup and continuity planning;
• digital access and succession planning;
• account administration and closure;
• digital asset, account, and data recovery assistance;
• identity and security cleanup;
• digital presence and legacy management;
• digital memorial curation and family archive creation;
• physical-document scanning and mail digitization; and
• digital-estate concierge and case-management services.

The exact scope of each engagement is determined by the service description, proposal, checkout page, statement of work, or other written agreement applicable to that engagement.

Falcon Bay Is Not a Law Firm or Fiduciary

Falcon Bay is not a law firm and does not provide legal, tax, financial, investment, accounting, or fiduciary advice.

Falcon Bay does not become your attorney, executor, personal representative, administrator, trustee, fiduciary, financial adviser, or attorney-in-fact merely because you use the services.

You are responsible for obtaining advice from qualified legal, tax, financial, cybersecurity, or other professionals when appropriate.

Customer Authority and Accuracy

You agree to provide accurate information and to use Falcon Bay only for lawful purposes.

If you request that Falcon Bay act concerning another person’s account, device, document, digital asset, estate, or information, you represent that you have a lawful basis and appropriate authority to make the request.

Falcon Bay may request documentation or additional verification before performing an action.

Possession of a password, device, document, email account, or other access method does not by itself establish legal authority.

Falcon Bay may decline, pause, or stop work when authority is unclear, disputed, inconsistent, or insufficient.

Death and Authority Verification

For post-death services, Falcon Bay may require reasonable verification of the death and of the requesting person’s authority before taking actions involving accounts, property, information, or irreversible changes.

A missed continuity check, unanswered communication, inactive account, or report from an unverified person is not by itself proof of death.

Falcon Bay will not intentionally perform an irreversible post-death action solely because a customer failed to respond to a continuity check.

Customer Instructions

Falcon Bay may document a customer’s preferences or instructions concerning accounts, data, files, subscriptions, digital property, online profiles, or other digital-estate items.

Customer instructions do not override applicable law, valid court orders, verified legal authority, contractual rights, or the rules of a third-party provider.

Where applicable, Falcon Bay will seek to follow this order of priority:

1. applicable law and court orders;
2. verified legal authority;
3. applicable provider or platform rules; and
4. the customer’s documented Falcon Bay instructions.

Third-Party Providers and Outcomes

Many Falcon Bay services depend on independent organizations such as Apple, Google, Meta, Microsoft, banks, payment services, cloud providers, domain registrars, social networks, rewards programs, subscription services, or other institutions.

Falcon Bay does not control those organizations.

We may assist, coordinate, prepare submissions, make requests, or pursue authorized recovery or closure paths, but we do not guarantee that any provider will disclose, transfer, restore, memorialize, delete, close, refund, recover, or otherwise act on an account or asset.

Timelines may depend on third-party requirements and response times.

No Security Circumvention or Impersonation

Falcon Bay does not provide services intended to bypass passwords, MFA, encryption, access controls, platform-security mechanisms, or legal restrictions.

Falcon Bay will not knowingly impersonate a deceased person or another individual in order to obtain unauthorized access.

We may decline any request that we reasonably believe would require unauthorized access, deception, security circumvention, or unlawful conduct.

Credentials and Account Access

Unless Falcon Bay expressly offers a separate credential-custody service, do not send plaintext passwords, MFA codes, private cryptographic keys, recovery codes, or similar unrestricted access credentials through general email, chat, or intake forms.

You are responsible for maintaining the security of credentials and devices in your possession.

Customer Content and Ownership

As between you and Falcon Bay, you retain your rights in information, files, photographs, documents, instructions, and other content you submit to the services.

You grant Falcon Bay a limited right to host, process, copy, organize, transmit, and otherwise use that content only as reasonably necessary to provide, secure, administer, and improve the services; comply with law; and exercise or defend legal rights.

You represent that you have the right or lawful basis to provide content to Falcon Bay and to request the applicable services.

Prohibited Use

You may not use Falcon Bay to:

• access or attempt to access an account, device, system, or data without authorization;
• impersonate another person unlawfully;
• evade authentication, encryption, security, or provider controls;
• commit fraud, identity theft, harassment, stalking, or other unlawful conduct;
• obtain information or property to which you are not legally entitled;
• submit malicious code or interfere with Falcon Bay systems; or
• use the services in a manner that violates applicable law or the rights of another person.

Fees, Billing, and Subscriptions

Fees are disclosed in the applicable service description, checkout flow, proposal, statement of work, or order.

You authorize Falcon Bay and its payment processor to charge the payment method you provide for amounts due.

If you purchase a recurring service, the subscription will renew for the stated billing period until canceled, unless otherwise disclosed.

You may cancel a recurring subscription before the next renewal through the cancellation method provided by Falcon Bay. Cancellation stops future renewal charges but does not automatically refund amounts already paid.

Except where required by law or expressly stated in writing for a particular service, fees already paid are non-refundable once the applicable service period has begun or work has materially commenced.

Changes to Services

Falcon Bay may improve, modify, suspend, or discontinue features or service offerings over time.

Where a material change affects an active paid engagement, we will seek to provide reasonable notice and honor existing contractual commitments to the extent practicable.

Customer Cooperation

Some services require timely information, documents, approvals, signatures, responses, access to devices, or cooperation from the customer or authorized third parties.

Delays caused by missing information, incomplete authority, customer inaction, disputes, or third-party response times may delay or prevent completion.

Suspension or Termination

Falcon Bay may suspend or terminate access to services when reasonably necessary because of nonpayment, unlawful activity, security risk, misuse, disputed authority, material breach of these Terms, or other circumstances that make continued service unsafe or inappropriate.

You may stop using Falcon Bay at any time, subject to payment obligations and any separate engagement terms.

Disclaimers

Falcon Bay will use commercially reasonable efforts to provide the services described in the applicable engagement.

However, digital-estate work frequently depends on information supplied by customers and decisions made by independent third parties.

Except to the extent prohibited by law, the services are provided on an “as is” and “as available” basis. Falcon Bay does not warrant that every digital account, asset, subscription, record, or item will be discovered, recovered, transferred, closed, preserved, deleted, or otherwise resolved.

Falcon Bay does not guarantee uninterrupted availability of third-party services or any particular third-party outcome.

Limitation of Liability

To the fullest extent permitted by law, Falcon Bay will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost opportunities, or losses caused solely by the acts, omissions, outages, policies, or decisions of independent third parties.

To the fullest extent permitted by law, Falcon Bay’s aggregate liability arising out of or relating to a particular paid service will not exceed the greater of (a) the amount you paid Falcon Bay for that service during the twelve months preceding the event giving rise to the claim or (b) $500.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

Indemnification

To the extent permitted by law, you agree to indemnify and hold Falcon Bay harmless from third-party claims, losses, or expenses arising from information, instructions, content, or authority representations you provide that are materially false, unlawful, or infringe another person’s rights, or from your misuse of the services.

This section does not require you to indemnify Falcon Bay for Falcon Bay’s own unlawful conduct.

Electronic Communications

You consent to receive transactional communications electronically, including by email, text message, portal message, or other contact method you provide, as reasonably necessary to deliver the services.

Marketing communications, if any, will be handled according to applicable law and available opt-out mechanisms.

Text messages (SMS). If you add a mobile number to your Falcon Bay account, or confirm one when you accept an invitation, you agree to receive account-related text messages from Falcon Bay at that number. These include one-time verification codes when contact details change, the check-in reminders you choose as part of your plan, and, for verification contacts, a routine follow-up if we cannot reach the person who named you. We do not send marketing texts.

• Message frequency varies with your plan and settings (for example, a check-in every one to twelve months and a few reminders if it goes unanswered).
• Message and data rates may apply.
• Reply STOP to stop receiving texts, or HELP for help. You can also change how we reach you in your account, or email support@falconbayservices.com.
• Carriers are not liable for delayed or undelivered messages.
• Consent to receive texts is not a condition of purchase; you can use email instead.

Privacy

Falcon Bay’s Privacy Policy explains how we handle personal information and is incorporated into these Terms by reference.

Changes to These Terms

We may update these Terms from time to time. Updated Terms will be posted with a revised “Last Updated” date.

If changes materially affect an active paid service, additional notice will be provided where required by law or reasonably appropriate.

Governing Law and Venue

These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law principles.

Unless applicable law requires otherwise, any dispute arising out of or relating to these Terms or the services that is not resolved informally will be brought in the state or federal courts located in King County, Washington, and the parties consent to the jurisdiction of those courts.

Before filing a lawsuit, the parties agree to make a reasonable good-faith effort to resolve the dispute informally.

General Terms

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

A failure to enforce a provision is not a waiver of that provision.

You may not assign your rights or obligations under these Terms without Falcon Bay’s consent, except where applicable law provides otherwise. Falcon Bay may assign these Terms in connection with a merger, acquisition, restructuring, or sale of all or substantially all of its relevant assets.

These Terms, together with any applicable service description, proposal, statement of work, order, and Privacy Policy, constitute the agreement governing the applicable services. If a signed statement of work or service agreement expressly conflicts with these Terms, that signed agreement controls for the conflicting provision.

Contact

Questions about these Terms may be sent to info@falconbayservices.com or support@falconbayservices.com, as listed on the Contact page at falconbayservices.com/contact.