HearMeOnce

Terms & Conditions

HearMeOnce – Terms & Conditions
Contact: contact@hearmeonce.com
Jurisdiction: The Netherlands (EU)
Last updated: 03/12/2025

  1. Overview
    HearMeOnce (“the Service”) allows users to create and store messages that may be delivered at a future time or under certain conditions.
    By accessing or using the Service, you agree to these Terms & Conditions.
    HearMeOnce is provided on an “as-is” and “as-available” basis.
    We do not guarantee:
    • uninterrupted service,
    • error-free operation,
    • the accuracy of message timing, or
    • the prevention of unintended message delivery.
    If you require guarantees regarding timing, privacy, or message behaviour, please do not use this Service.
  1. Not a Legal Substitute
    HearMeOnce is not a substitute for:
    • a Will,
    • a Trust,
    • a Power of Attorney,
    • estate planning tools, or
    • any legally binding directive.
    The Service cannot transfer rights, assets, accounts, or legal authority.
    Users must consult qualified professionals for legally enforceable arrangements.
  1. User Responsibility
    You are solely responsible for:
    • the content and accuracy of your messages,
    • selecting message recipients,
    • configuring timing or inactivity settings, and
    • ensuring the Service is appropriate for your intended use.
    You acknowledge that:
    • Messages may be sent while you are still alive,
    • Messages may not send as expected,
    • Technical errors, outages, or misconfigurations may cause unintended results,
    • You use the Service entirely at your own risk.
    If this risk is unacceptable, you must not use HearMeOnce.
  1. Recipient Notification Requirement (GDPR Compliance)
    By adding third-party email addresses as message recipients, you confirm that:
  2. You have a lawful basis to provide their personal data to HearMeOnce,
  3. You have informed each recipient that their email address will be used for the purpose of receiving a message from you, and
  4. You have informed each recipient that HearMeOnce will process their data solely for sending that message.
    You are solely responsible for:
    • obtaining any required permissions from recipients,
    • informing recipients of your intent,
    • complying with GDPR and other applicable data protection laws.
    HearMeOnce / Shaun Herion cannot be held liable for your failure to notify recipients or for unlawful submission of third-party email addresses.
  1. GDPR & Data Processing
    HearMeOnce processes personal data in accordance with the EU General Data Protection Regulation (GDPR).
    Our Privacy Policy explains:
    • which data we collect,
    • why we process it,
    • the lawful basis for processing,
    • retention periods,
    • your GDPR rights (access, correction, deletion, portability, objection), and
    • security measures taken.
    While we take reasonable measures to protect data, no system can guarantee absolute security.
  1. Limitation of Liability (EU-Compliant)
    To the maximum extent permitted by Dutch and EU law:
    HearMeOnce / Shaun Herion is not liable for:
    • early, late, failed, or unintended message delivery,
    • disclosure of message content,
    • loss of privacy, reputation, or emotional distress,
    • data breaches despite reasonable security measures,
    • outages or failures of third-party services (email providers, hosting, etc.),
    • damages arising from reliance on messages sent or not sent,
    • indirect, incidental, or consequential damages.
    Legal Exceptions
    Nothing in these Terms limits liability for:
    • intentional misconduct,
    • gross negligence,
    • mandatory consumer protections under EU law.
    Maximum Liability
    If liability is established, it is limited to the total amount paid by the user for the Service.
    Free users’ sole remedy is to stop using the Service.
  1. Indemnification
    You agree to indemnify and hold harmless HearMeOnce / Shaun Herion from claims brought by:
    • yourself,
    • your heirs,
    • your estate,
    • beneficiaries, or
    • message recipients,
    arising from:
    • your use of the Service,
    • your message content,
    • your failure to notify recipients,
    • timing or behaviour of message delivery, or
    • your breach of these Terms & Conditions.
  1. EU Consumer Right of Withdrawal
    Under EU law, consumers typically have a 14-day withdrawal right for digital services.
    By purchasing a paid plan, you acknowledge that:
    • access to the Service begins immediately,
    • you expressly waive your 14-day withdrawal right, and
    • digital service delivery begins the moment your account is activated.
    HearMeOnce voluntarily offers refunds within three (3) months of purchase.
  1. Force Majeure
    HearMeOnce is not responsible for performance failures caused by events outside reasonable control, including:
    • power outages,
    • internet disruptions,
    • hosting or cloud provider failures,
    • cyberattacks,
    • government restrictions,
    • strikes, or
    • third-party malfunctions such as email service failures.
  1. Online Dispute Resolution (EU Requirement)
    EU consumers may submit disputes via the Online Dispute Resolution platform:
    https://ec.europa.eu/consumers/odr/
    HearMeOnce is not obligated to participate in any mediation but provides this link as required by EU law.
  1. Governing Law
    These Terms are governed by the laws of The Netherlands, excluding conflict-of-law rules.
    Any disputes must be brought before the competent courts in The Netherlands.
  1. Contact Information
    For questions or concerns about these Terms & Conditions:
    Email: contact@hearmeonce.com