Legal
On this page
The following terms supplement our existing Terms of Service below and apply to all users of the NextOfKin app.
We may add, change, or remove features over time. Where a change materially reduces the functionality you are paying for, we will notify you at the email address associated with your account before it takes effect.
NextOfKin is an organizational tool that helps you document accounts, contacts, and instructions for emergencies. It is NOT a legal document, a will, a trust, a power of attorney, or a substitute for professional legal or financial advice. Your NextOfKin Plan does not have legal authority. We strongly recommend consulting a licensed attorney for estate planning.
NokCheck Wellness System. If you enable NokCheck, we will periodically ask you to confirm you are safe. If you miss multiple check-ins, we will first send you reminders. Only as a last resort will we send a wellness check notification to your designated contacts. A missed check-in does NOT grant anyone access to your plan.
The NextOfKin App offers an optional text message program. By opting in, you agree to receive periodic SMS messages including check-in reminders. Message frequency varies. Message and data rates may apply. Reply STOP to opt out at any time. Reply HELP for assistance. Your mobile phone number and opt-in data will not be shared with or sold to third parties for marketing or promotional purposes. For full SMS program details, see our SMS Terms at https://thenextofkinapp.com/legal/sms-terms.
The NextOfKin App offers an optional automated check-in call program. Taking part is entirely your choice, it is never on by default, and consent to calls is separate from consent to text messages.
If you opt in, you agree to receive automated, prerecorded calls at the number you provide when you stop responding to your check-ins. How often depends on your check-in schedule, and never exceeds three calls in a cycle, at least three hours apart. Calls are placed between 8am and 9pm. Standard carrier charges may apply. Consent is not required to use the app.
To stop the calls, say “stop” during any call, or turn calls off in your check-in settings. Every call identifies who is calling and gives a callback number you can reach a person on. For full details, see our Voice Call Consent page.
When you name a trusted or emergency contact, we email them to ask whether they are willing to be named. Naming someone does not give them access to your account or to your plan. We do not send them your plan, and they cannot view it — unless you yourself choose to share it, or set up a release. Both are yours to turn on, and nothing is on unless you turn it on. You may add, change, or remove the people you name at any time.
We use your data solely to operate the service. We do not publish, distribute, or share your personal information, contacts, or plan contents except as described in our Privacy Policy. The broad “Content” license in our existing Terms below does NOT apply to your personal plan data, contact information, or access instructions.
You may delete your account at any time through Settings. Deletion is permanent and irreversible. All plan data, contacts, items, and NokCheck settings will be permanently removed. A confirmation email will be sent to your registered email address.
We may collect feedback through in-app prompts. By providing feedback, you grant us permission to use your suggestions to improve the product. We will not publicly attribute feedback to you without your permission.
These Terms of Service (“Terms”) govern your access to and use of thenextofkinapp.com (the “Website”) and The NextofKin App (the “App,” together with the Website, the “Service”).
The Service is owned and operated by Marsh IT LLC, a New York limited liability company doing business as The NextofKin App (“Company,” “we,” “us,” or “our”). All references in these Terms to “NextofKin” or “The NextofKin App” mean Marsh IT LLC operating under that trade name.
Our collection, use, and protection of your personal information is described in our Privacy Policy, available at https://thenextofkinapp.com/legal/privacy-policy, which is incorporated into these Terms by reference. By using the Service, you also agree to the Privacy Policy.
Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or NextofKin cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting NextofKin customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide NextofKin with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize NextofKin to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, NextofKin will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
New subscribers may begin with a 30-day free trial. A valid payment method is required to start the trial. If you do not cancel before the trial ends, your subscription begins automatically and your payment method is charged the then-current subscription price — currently $99.99 per year or $34.99 per three months, depending on the plan you select — and renews each billing period as described in “Subscriptions” above until you cancel. We will send an email reminder before your trial ends and before any charge. You may cancel at any time through your account settings or by contacting us at hello@thenextofkinapp.com; if you cancel before the trial ends, you will not be charged.
NextofKin, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
NextofKin will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
If you are not satisfied with your NextOfKin subscription within the first 90 days after your first payment, contact us at hello@thenextofkinapp.com and we will issue a full refund — no questions asked. This guarantee applies to your first subscription period only and begins on the date of your first payment (if you start with a free trial, that is the date your trial converts to paid). Refund requests made after the 90-day guarantee period may be considered by NextOfKin on a case-by-case basis and granted at the sole discretion of the NextOfKin App.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of support@thenextofkinapp.com and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of NextofKin and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of NextofKin.
Our Service may contain links to third-party web sites or services that are not owned or controlled by NextofKin.
NextofKin has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that NextofKin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
In no event shall NextofKin, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
NextofKin its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Marsh IT LLC d/b/a The NextofKin App
PO Box 2, Troy, NY 12182
Email: hello@thenextofkinapp.com
Website: https://thenextofkinapp.com
For privacy-related questions, see our Privacy Policy at https://thenextofkinapp.com/legal/privacy-policy.