Plan Ahead and Give Peace of Mind

Last Update

May 13, 2025

Last Update

May 13, 2025

Last Update

May 13, 2025

Terms of Service

INTRODUCTION AND ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and BlueButterfly Inc, a Delaware corporation, doing business as When I Go ("When I Go," "we," "us," or "our"), governing your access to and use of the When I Go website, mobile applications, and related services (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

Our registered address is: 921 H ST NE #115, Washington DC 20002.

DESCRIPTION OF SERVICE

When I Go provides an online platform that enables Users to pre-plan funeral and end-of-life arrangements by:

Creating personalized funeral and memorial preference plans
Storing preferences regarding religious, cultural, and personal wishes
Facilitating connections with insurance agencies for pre-need insurance products
Providing budgeting tools and gift-giving preference options
Designating Trusted Contacts to access plans when needed
In the future, connecting Users with funeral service providers

Important Clarification: When I Go is a technology platform that facilitates connections and stores information. We do not:

Provide insurance products or act as an insurance broker, agent, or advisor
Provide funeral services or operate funeral homes
Provide legal, financial, tax, or estate planning advice
Guarantee the availability, pricing, or quality of third-party services

ELIGIBILITY AND ACCOUNT REGISTRATION

3.1 Eligibility

While we do not impose a minimum age requirement, you represent and warrant that:

You have the legal capacity to enter into binding contracts
You are not prohibited by law from using the Service
All information you provide is accurate and current

3.2 Account Creation

To access certain features, you must create an account by providing accurate, complete, and current information. You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized access

3.3 Account Security

You agree to:

Choose a strong, unique password
Not share your login credentials with others
Log out after each session on shared devices

SERVICE TIERS AND FEES

4.1 Free Tier

We offer limited free access to certain features, which may include answering a specified number of planning questions. The scope of free features may change at our discretion with notice.

4.2 Paid Subscription

Full access to the Service requires payment of a setup fee and ongoing annual subscription. Subscription terms include:

Setup Fee: A one-time setup fee is required to create your initial plan, which includes one (1) year of service
Annual Renewal: At the 12-month mark from your setup date, an annual renewal fee will be charged
Payment Processing: All payments are processed through Stripe, a third-party payment processor
Automatic Renewal: Your subscription will automatically renew annually unless cancelled prior to the renewal date
Price Changes: We may change setup or renewal fees with at least 30 days' notice to existing subscribers. Changes will apply at your next renewal date.
Taxes: You are responsible for all applicable taxes

4.3 Refund Policy

Setup fees and annual renewal fees are non-refundable except:

As required by applicable law
At our sole discretion in cases of Service failure or technical error that prevents you from accessing the Service

The Service is designed to be used and updated over an extended period of time. By paying the setup fee, you acknowledge that:

You have reviewed the free features and understand what the paid service includes
The value of the Service extends throughout the subscription period
Refunds will not be provided simply due to non-use of the Service

4.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation:

You will retain access through the end of your current annual subscription period
No refunds will be provided for the remaining portion of your subscription period
Your subscription will not automatically renew at the next annual renewal date
After your subscription expires, you and your Trusted Contacts will no longer have access to your online plan
Your data will be retained in accordance with our Privacy Policy

Important Recommendation: If you cancel your subscription, we strongly recommend that you download and/or print a hard copy of your plan and share it with your Trusted Contacts before your subscription period ends. Once your subscription expires, neither you nor your Trusted Contacts will be able to access your plan online.

THIRD-PARTY RELATIONSHIPS AND AFFILIATE COMMISSIONS

5.1 Third-Party Services

The Service facilitates connections with third-party insurance agencies, funeral service providers, and other vendors ("Third-Party Providers"). These relationships are subject to:

Separate terms and conditions between you and the Third-Party Provider
The Third-Party Provider's own privacy policies and business practices
Independent pricing, availability, and service quality determinations

5.2 No Endorsement or Liability

We do not:

Endorse, guarantee, or assume responsibility for Third-Party Providers
Warrant the accuracy, quality, safety, or legality of third-party services
Assume liability for any disputes between you and Third-Party Providers
Control the actions or omissions of Third-Party Providers

5.3 Affiliate Relationships

We receive commissions or referral fees from certain Third-Party Providers when Users:

Purchase products or services through our platform
Are referred to and engage with Third-Party Providers

These financial relationships do not influence the information we provide, but we disclose them for transparency.

5.4 Insurance Products

When I Go is NOT an insurance company, broker, or agent. We:

Facilitate connections between Users and licensed insurance providers
Do not provide insurance advice or recommendations
Do not underwrite, issue, or service insurance policies
Receive commissions from insurance providers for facilitating connections

You should carefully review all insurance policy terms and consult with qualified professionals before making insurance decisions.

TRUSTED CONTACTS AND ACCOUNT ACCESS

6.1 Designating Trusted Contacts

You may designate one or more Trusted Contacts who will have access to your account and plan information. By designating a Trusted Contact, you:

Authorize us to contact them at the email address you provide
Grant them view-only access to your plan during your lifetime
Grant them full access to your account and plan information after your passing
Acknowledge that Trusted Contacts may view all information in your account

6.2 Verification Process

When you designate a Trusted Contact:

We will send a confirmation email to the contact information you provide
The Trusted Contact must confirm their designation through the email link
Once confirmed, the Trusted Contact will be able to view your plan
You are responsible for ensuring the accuracy of contact information provided

6.3 Two-Tier Access System

During Your Lifetime:

Trusted Contacts have view-only access to your plan while your subscription is active
They can see your preferences, wishes, and planning information
They cannot modify your plan or account settings
You may revoke or modify Trusted Contact access at any time

After Your Passing:

Trusted Contacts receive full access to your account if your subscription is active at the time of your passing
They can access all plan details, documents, and information
They can share information with funeral service providers and other relevant parties
Full access is granted after we receive appropriate notification of your passing

Subscription Requirement:

Trusted Contact access (both view-only and full access) requires an active, paid subscription
If your subscription expires or is cancelled, Trusted Contacts will lose access to your plan
We strongly recommend maintaining an active subscription or providing Trusted Contacts with printed/downloaded copies of your plan

6.4 Trusted Contact Responsibilities

Trusted Contacts agree to:

Use view access during your lifetime only to familiarize themselves with your wishes
Use full access after your passing only for the intended purpose of executing your wishes
Maintain the confidentiality of your information
Act in good faith and in your best interests
Not share login credentials or access with unauthorized parties

6.5 Your Responsibilities

You are responsible for:

Providing accurate and current contact information for Trusted Contacts
Informing Trusted Contacts of their designation
Updating or revoking Trusted Contact designations as needed
Ensuring that your designated Trusted Contacts are trustworthy individuals

6.6 Limitations

We are not responsible for:

Disputes between you and your Trusted Contacts
Actions taken by Trusted Contacts after access is granted
Misuse of access by Trusted Contacts
Delivery failures if contact information is incorrect
Determining the legal authority of Trusted Contacts to act on your behalf
Verifying death or obtaining death certificates (we rely on notifications provided to us)

USER CONTENT AND DATA

7.1 Your Content

You retain ownership of all information, preferences, documents, and other content you submit to the Service ("User Content"). By submitting User Content, you grant us a limited, non-exclusive, worldwide, royalty-free license to:

Store, process, and display your User Content to provide the Service
Share your User Content with Third-Party Providers as directed by you
Backup and secure your User Content

7.2 Content Standards

You agree that your User Content will:

Be accurate and truthful to the best of your knowledge
Not violate any laws or third-party rights
Not contain malicious code or harmful materials
Not impersonate others or misrepresent your identity

7.3 Data Security

While we implement reasonable security measures to protect your data, you acknowledge that:

No system is completely secure
Internet transmission carries inherent risks
You use the Service at your own risk regarding data security

We will notify you of any data breach affecting your personal information as required by law.

7.4 Data Retention

We retain your User Content:

While your account is active
For a reasonable period after account closure to facilitate Trusted Contact access
As required by law or legitimate business purposes
In accordance with our Privacy Policy

PROHIBITED USES

You agree not to:

Use the Service for any unlawful purpose or in violation of these Terms
Impersonate any person or entity or falsely state your affiliation
Interfere with or disrupt the Service or servers/networks connected to the Service
Attempt to gain unauthorized access to any portion of the Service
Use automated systems (bots, scrapers) without our written permission
Reverse engineer, decompile, or disassemble any aspect of the Service
Remove or modify any proprietary notices or labels
Use the Service to transmit viruses, malware, or harmful code
Collect or harvest information about other Users
Engage in any activity that could harm When I Go's reputation or business

INTELLECTUAL PROPERTY RIGHTS

9.1 When I Go Property

The Service and all content, features, and functionality (excluding User Content) are owned by When I Go and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. This includes:

Website design, text, graphics, logos, and images
Software, code, and algorithms
Trade names, trademarks, and service marks
Compilations and arrangements of content

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes, subject to these Terms.

9.3 Restrictions

You may not:

Copy, modify, or create derivative works of the Service
Distribute, sell, lease, or sublicense access to the Service
Use the Service for commercial purposes without authorization
Frame or mirror any portion of the Service

9.4 Feedback

If you provide suggestions, ideas, or feedback about the Service, we may use such feedback without any obligation to you.

DISCLAIMERS AND WARRANTIES

10.1 Service Provided "AS IS"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
WARRANTIES OF TITLE OR NON-INFRINGEMENT
WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT

10.2 No Professional Advice

THE SERVICE DOES NOT PROVIDE LEGAL, FINANCIAL, TAX, INSURANCE, MEDICAL, OR PROFESSIONAL ADVICE. All information provided is for general informational purposes only. You should consult with appropriate professionals regarding your specific circumstances.

10.3 Third-Party Services

WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THIRD-PARTY PROVIDERS, THEIR SERVICES, PRODUCTS, OR CONDUCT. Your use of third-party services is at your sole risk.

10.4 Geographic Limitations

While the Service is accessible internationally, it is designed primarily for Users in the United States. We make no representation that the Service is appropriate or available for use outside the United States. If you access the Service from other jurisdictions, you do so at your own risk and are responsible for compliance with local laws.

LIMITATION OF LIABILITY

11.1 Limitation on Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WHEN I GO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, DATA, OR USE
LOSS OF BUSINESS OPPORTUNITY OR GOODWILL
COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES

This applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

11.2 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11.4 Third-Party Actions

WE ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD-PARTY PROVIDERS, INCLUDING BUT NOT LIMITED TO INSURANCE COMPANIES, FUNERAL HOMES, OR PAYMENT PROCESSORS.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless When I Go, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising from or relating to:

Your violation of these Terms
Your use of the Service
Your User Content
Your violation of any rights of another party
Your violation of applicable laws or regulations

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

13.2 Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for disputes that qualify for small claims court, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

Key Points:

Arbitration will be conducted in Washington, DC, or another mutually agreed location
The arbitrator's decision will be final and binding
You waive your right to a jury trial
You waive your right to participate in a class action lawsuit

13.3 Exceptions to Arbitration

Either party may bring a lawsuit in court if the claim:

Qualifies for small claims court
Seeks injunctive relief for intellectual property infringement
Involves disputes that cannot be arbitrated under applicable law

13.4 Venue

If arbitration does not apply, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Washington, DC.

13.5 Class Action Waiver

YOU AND WHEN I GO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

MODIFICATIONS TO SERVICE AND TERMS

14.1 Service Changes

We reserve the right to:

Modify, suspend, or discontinue any aspect of the Service at any time
Change features, functionality, or availability without notice
Impose limits on certain features or restrict access to parts of the Service

14.2 Terms Changes

We may update these Terms from time to time. When we make material changes, we will:

Post the updated Terms on the Service
Update the "Last Updated" date
Notify you via email or through the Service

Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service and cancel your account.

TERMINATION

15.1 Termination by You

You may terminate your account at any time by:

Following the cancellation process in your account settings
Contacting us at the address provided below

15.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including:

Violation of these Terms
Fraudulent, illegal, or abusive conduct
Non-payment of fees
At our sole discretion

15.3 Effects of Termination

Upon termination:

Your right to access and use the Service ceases immediately
You remain liable for all fees and charges incurred prior to termination
Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability
We will retain your data in accordance with our Privacy Policy and may provide Trusted Contact access as appropriate

MISCELLANEOUS PROVISIONS

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and When I Go regarding the Service and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

16.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms at any time without notice to you.

16.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated.

16.6 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

16.7 Electronic Communications

By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account, transactional information, and promotional materials. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

16.8 Export Control

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce.

16.9 Government Users

If you are a U.S. government entity, the Service is a "Commercial Item" as defined in 48 C.F.R. §2.101 and is provided with only those rights as are granted to non-governmental users under these Terms.

PRIVACY AND DATA PROTECTION

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

Key points regarding privacy:

We collect personal information including contact details, religious preferences, budgeting information, and gift-giving preferences
We share information with Third-Party Providers as directed by you
We use Stripe for payment processing and do not directly store complete payment information
We implement security measures to protect your data, though no system is 100% secure
Your data may be accessed by your designated Trusted Contacts under appropriate circumstances

SPECIAL PROVISIONS FOR INTERNATIONAL USERS

18.1 US-Based Service

When I Go is based in the United States and the Service is governed by U.S. law. If you access the Service from outside the United States, you acknowledge that:

Your information will be transferred to and processed in the United States
U.S. privacy and data protection laws may differ from those in your jurisdiction
You consent to the transfer and processing of your information in the United States

18.2 Compliance with Local Laws

You are responsible for complying with all applicable laws in your jurisdiction regarding online conduct and content. If the Service or any of its features are illegal in your jurisdiction, you may not use the Service.

18.3 Service Availability

We make no representation that the Service is appropriate or available for use in locations outside the United States. The Service may not be available in all languages or currencies.

19. ACCESSIBILITY

We are committed to ensuring that the Service is accessible to people with disabilities. If you have difficulty accessing any aspect of the Service, please contact us, and we will work with you to provide the information or service you need through an alternative communication method.

REGULATORY COMPLIANCE

20.1 FTC Funeral Rule

While When I Go does not provide funeral services directly, we acknowledge the importance of the Federal Trade Commission's Funeral Rule and encourage transparency in funeral pricing and services. We facilitate connections with providers who should comply with applicable regulations.

20.2 Insurance Regulations

We facilitate connections with insurance providers who are subject to state insurance regulations. We are not an insurance provider and do not guarantee that connected insurance providers comply with all applicable regulations.

20.3 Pre-Need Regulations

If you purchase pre-need funeral or burial arrangements through Third-Party Providers, those arrangements may be subject to state-specific pre-need trust or insurance requirements. We are not responsible for ensuring Third-Party Provider compliance with such regulations.