Casa Inheritance Product Terms of Service

We are Casa Inc. (“Casa”, “we”, “us” or “our”). Please read these Inheritance Product Terms of Service (these “Inheritance Terms”, and together with our Privacy and Data Protection Policy and the Casa Terms of Service, the “Terms of Service” or “Terms”) fully and carefully before using the Inheritance Product (as further described below, the “Inheritance Product”) in connection with your use of https://casa.io/ (the “Site”), our mobile applications for iOS and Android (each, an “App”), and the services, features, products, content, or applications offered by Casa (together with the Inheritance Product, Site, and the Apps, the “Services”).

1. Acceptance of Inheritance Terms; Terms of Service

These Inheritance Terms and the Terms of Service are a binding contract between you and Casa. By registering for and/or using the Inheritance Product in any manner, including but not limited to completing the sign-up or authorization flow for the Inheritance Product within the Services or clicking to acknowledge your agreement to these Inheritance Terms (as they augment the Terms of Service), you agree to and accept these Inheritance Terms and all other rules, policies, and procedures that may be published from time to time on the Site or Apps by us in relation to the Services, each of which is incorporated by reference and each of which may be updated from time to time. With respect to your use of the Inheritance Product, if the Terms of Service and these Inheritance Terms conflict, these Inheritance Terms will control. These Inheritance Terms form part of and are one contract with the Terms of Service, which are hereby incorporated by reference. Any terms used but not defined herein have the meanings otherwise given in the Terms of Service, available here.

2. About the Inheritance Product

The Inheritance Product only works as part of the Services. Please see the Terms of Service generally and the Site for descriptions of the other Services. The Inheritance Product allows a Casa user (a “Vault Owner”) to provide access to specific vault(s) by sharing one or more keys associated with such vault with a recipient (“Recipient”) designated by the Vault Owner. The Recipient may access the vault(s) using such keys if certain triggers occur as detailed in these terms and on the App. Some Vault Owners will not be eligible to utilize the Inheritance Product (for example, if you have authorized “Account Access by Third Parties” as detailed under Sections 11 or 12 of the Terms of Service, you may not be eligible to utilize the Inheritance Product for a certain period of time).
Vault Owners. When you, as a Vault Owner, designate one or more Recipients using the App, you will provide the Recipient’s email address. The Recipient must create a free or paid account with Casa if the Recipient is not already associated with a Casa account. Once the Recipient creates the account, if necessary, you will receive a notification and may complete the setup process to elect the Recipient to receive certain keys selected by you and associated with the vaults you choose. You must complete the Inheritance Product setup process in the App to allow the Recipient to access the necessary number of your keys to control your chosen vault(s). In addition, it is your responsibility and Recipient’s responsibility to maintain key health after the initial set up of the Inheritance Product to maintain Recipient’s access to such keys. There may be additional steps required after the initial setup to maintain a Recipient in your account. We will give you notice of such additional requirements should they arise. If one of your Recipients requests the ability to use the keys to access the vault or vaults you authorized, we will notify you via the App or other means as detailed in the App. The Recipient can request the ability to use the keys to access the vault via the App. IF WE DO NOT RECEIVE NOTICE FROM YOU VIA THE METHODS DESIGNATED IN THE APP WITHIN 6 MONTHS (OR THE PERIOD YOU MAY OTHERWISE DESIGNATE IN THE APP) FOLLOWING THE RECIPIENT’S REQUEST FOR ACCESS, WE WILL PROVIDE THE RECIPIENT WITH A SIGNATURE FOR THE RECOVERY KEY VIA THE APP AND THE RECIPIENT WILL BE ABLE TO USE THE OTHER KEYS YOU PROVIDED THE RECIPIENT WITH TO ACCESS THE ASSOCIATED VAULT. Alternatively, for a Recipient to use keys to access a vault or vaults, the Vault Owner can require the Recipient to provide certain documents to Casa to trigger the access (such requirement, “Enhanced Verification”). Where Enhanced Verification requires a death certificate, only a death certificate issued by a United States jurisdiction will be accepted. Setup for Enhanced Verification may require a photo ID from the Recipient that matches the name you provide for the Recipient. The documents required for Enhanced Verification are detailed in the App when you set up Enhanced Verification. Once the Recipient has access to the vault, the Recipient may utilize the Casa functionality you, as the Vault Owner, would be able to utilize with respect to such vault and the associated assets. You are responsible for your tax and legal requirements and for providing the Recipient access to your vault, including any transfer, gift, estate, reporting, or other requirements of applicable laws.
Recipients. After you, as a Recipient, complete the sign-up process and, if necessary, open a Casa account, the Vault Owner will have authorized you as a Recipient with respect to its chosen vault(s). There may be additional requirements and confirmations for you to maintain your status as a Recipient associated with the specific vault or vaults the Vault Owner has identified you as a Recipient for. We will notify you of such requirements through the App or other means. You cannot access the vault(s) without at least (i) two keys, or (ii) three keys, depending on the Vault Owner’s vault settings. As a Recipient, the Vault Owner provides you with the requisite keys to access a vault and the ability to receive a signature from Casa to access the Recovery Key for a vault. There are two ways for a Recipient to use the keys. If permitted by the Vault Owner, the Recipient may request use of the authorized keys to access a vault via the App and, if the Vault Owner does not provide us notice via the App within 6 months (or a longer or shorter period of time elected by the Vault Owner) to reject your request, you will be able to use the keys provided to you to access such vault(s). Alternatively, if required by the Vault Owner through Enhanced Verification, you must provide us with certain documentation as detailed in the App to use the keys to access such vault(s), including a photo ID to become a Recipient. You represent and warrant to provide only true and accurate copies of such documents for us to verify your permission to access the vault. You are responsible for all taxes and legal requirements associated with any transfer, including reporting requirements. We may be required to report your information according to applicable laws, which we will adhere to.
Recovery Fees. If a key’s health is not properly maintained, assets in a vault may not be recovered by a Recipient (such event, a “Key Failure”). In the event of a Key Failure, the Recipient may seek to recover the Vault Owner’s assets stored in a vault by contacting Casa. Casa may charge an additional fee to assist in the recovery as set forth on the fee schedule for the Services or as otherwise provided to Recipient before Casa assists with any recovery. Casa may require payment of a portion of the fees before providing assistance and, if the fee is percentage-based, later determine the total amount of the fees owed based on the assets recovered. Any recovery fees owed to Casa may be set off against asset transfers, if applicable. Casa is not required to provide any asset recovery assistance and does not guarantee, represent, or warrant that recovery of any assets will be successful or complete. You accept the risk of any failure to recover assets and release Casa from any liability for lost or stolen assets. Neither the foregoing nor any other provision of these Terms indicates Casa maintains custody of any assets. Casa provides recovery assistance as a service utilizing its knowledge of the Casa products.
Failure to Pay Fees. If a Vault Owner fails to pay membership fees when due, Recipient’s access to a vault may require payment of additional fees of up to the amount set forth for other recovery services in the fee schedule for the Services. Enhanced Verification Recipients may be subject to additional verification documentation pursuant to Casa’s Enhanced Verification requirements prior to Casa providing any recovery assistance.
EACH OF THE RECIPIENT AND VAULT OWNER HEREBY REPRESENT AND WARRANT THAT THEY HAVE THE AUTHORITY TO UTILIZE THE KEYS ASSOCIATED WITH THE INHERITANCE PRODUCT. CASA DOES NOT CONTROL WHAT A RECIPIENT DOES WITH THE ASSETS IN A VAULT ONCE IT CAN USE THE KEYS.

3. Eligibility; Compliance with Law

You must be at least 16 years of age to use the Services. If you are under age 16, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You, as the Vault Owner or Recipient, are solely responsible for (i) ensuring that your use of the Inheritance Product is in compliance with all laws, rules, and regulations applicable to you, and (ii) access to keys provided by the Services. You are also responsible for ensuring that your use of the Inheritance Product is permitted under any agreements, documents, or laws related to wills, trusts, estate, end of life planning, inheritance, intestate, probate, or property that may be applicable to the use of the Inheritance Product by you and the Vault Owner or Recipient, as applicable. If we determine your use of the Inheritance Product or your sending or receipt of any keys under the Inheritance Product is in violation of these Inheritance Terms or the law or if we determine that we are restricted from, or otherwise reasonably should not, provide the Inheritance Product to you, including the use of the keys authorized by the Vault Owner or provided to you as a Recipient, we will not provide the Inheritance Product to you or permit your use of the keys until such time as we or our counsel determine doing so will not violate any such laws or restrictions. Further, the Services are offered only for your own use, and not for the use or benefit of any third party.

4. Warranty Disclaimer; Risks Acceptance

Casa has no special relationship with or fiduciary duty to you or your successors. You acknowledge that
Casa has no duty to take any action regarding:
1. which users gain access to the Services;
2. what vault or keys you access or provide access to via the Services; or
3. legal or tax liabilities related to the use of the Services.
You release us from all liability for you utilizing the Services and providing access to the vault(s) to the Recipient(s). We make no representations or warranties of any kind concerning any Services, and we will not be responsible if the Recipient is provided with the vault access incorrectly, or for what the Recipient chooses to do with the vault.
YOU HEREBY ACCEPT ALL RISKS ASSOCIATED WITH IMPROPER ACCESS OR LOSS OF ANY ASSETS IN YOUR VAULT DUE TO THE RECIPIENT RECEIVING ACCESS USING THE INHERITANCE PRODUCT. WE WILL FOLLOW THE INSTRUCTIONS OF THE VAULT OWNER AND RECIPIENT WHILE SUCH PARTIES USE THE APP AND WILL HAVE NO OBLIGATIONS TO CONFIRM THE IDENTITY OF SUCH PARTIES. YOU ACKNOWLEDGE THAT ACCESS TO A KEY DOES NOT INDICATE LAWFUL OWNERSHIP OF THE CONTENTS IN A VAULT. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LAW RESPECTING ASSET OWNERSHIP.
We may require additional documentation, diligence, or steps by the Vault Owner or Recipient to complete the provision of access to a vault to a Recipient in our sole discretion. We will not be required to and do not take any obligation or liability if such additional documentation, diligence, or steps are not taken or required.

5. Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers, and representatives from any and all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, or otherwise from providing you the Inheritance Product, violation of these Inheritance Terms, and any liabilities or claims by any persons associated with the Vault Owner resulting from use of the Inheritance Product. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

6. Miscellaneous

Entire Agreement and Severability. The Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Vault Owners and Recipients agree that their respective descendants and successors shall be bound by the terms of the Terms of Service.

Effective Date of Terms of Service: March 27, 2024