01
Acceptance of the terms and age requirement
By using Erabox — including the website, the mobile apps and all related services — you accept these Terms and Conditions of Use (the “Terms”) in full. If you do not agree, you may not use the service.
These Terms, together with the Privacy Policy, the Cookie Policy and the Data Processing Agreement, form the entire contract between you (the “User”) and Erabox SA (a company with its registered office at Via delle Fornaci, 6 — 6826 Riva San Vitale, Switzerland, hereinafter “Erabox” or “we”).
Changes to the Terms: We reserve the right to change these Terms. We will tell you about material changes at least 30 days in advance by email and in-app notification. If you do not accept the changes, you can stop using the service, cancel the renewal of your subscription and delete your account before they take effect. If you continue to use the service after the date on which they take effect, you accept the changes.
02
Account registration and security
To use Erabox, you need to create a personal account. Each individual may have only one account. Creating accounts on behalf of other people without their explicit consent is not allowed.
You are responsible for the accuracy of the information you provide (name, email, country of residence). You must keep it up to date.
You alone are responsible for keeping your password confidential. Tell us immediately about any unauthorised access at security@erabox.ch.
Through a specialised provider, Erabox offers an identity verification and simple electronic signature service for some capsules (e.g. the advance healthcare directive capsule). The verification confirms that the document comes from you. A simple electronic signature does not give the document the form required by law for documents that must follow a specific legal form, such as advance healthcare directives under Italian law (Article 4(6) of Law 219/2017) or Swiss advance healthcare directives (Article 371 of the Swiss Civil Code).
Erabox is a personal service. You may not share your account with others or create multiple accounts for the same person.
03
Description of the service and roles
Erabox is a digital platform for emotional messages and memories that allows users to create content (messages, audio, video, documents) and schedule its delivery to chosen people at specific moments in life.
Verification of events: a report from a Guardian is not the same as a verified event. Deliveries linked to a death or other critical events start only after Erabox, through its authorised staff, has verified the event on the basis of the evidence gathered.
Erabox’s role regarding your content: Erabox stores and processes the contents of your capsules, and the details of the Beneficiaries and Guardians you give us, on your behalf, as a processor, under the Data Processing Agreement that you accept when you create your account. For your account data and the data needed for security, payments and invoicing, Erabox acts as controller, as described in the Privacy Policy.
Instructions carried out after your death: the delivery instructions you give remain effective after your death. Because of the nature of the mandate, which consists precisely in delivering the content when the death occurs, the mandate to keep and deliver it does not end with the death of the principal (Art. 405(1) CO). Erabox carries it out after verifying the death and until delivery, within the limits set out in section 08 and the retention periods in the Privacy Policy.
Service availability: We aim to guarantee 99.5% availability on a monthly basis. Planned maintenance is announced at least 48 hours in advance. We do not guarantee continuous, uninterrupted availability of the service.
04
Intellectual property
The “Erabox” trade mark, the logo, the design of the platform, the source code, the interfaces, the features and all content produced by Erabox are the exclusive property of Erabox and are protected by the applicable copyright and trade mark laws.
All the content you create (messages, photos, videos, audio, texts) remains your exclusive property. Erabox claims no rights over your content.
Licence of use: You grant Erabox a limited, non-exclusive, revocable, free-of-charge licence to store, process and deliver your content solely for the purpose of providing the contractual service. This licence ends when the content is permanently deleted: at the end of the period to change your mind described in section 08 if you delete your account, or when the retention periods set out in that same section expire. This is without prejudice to the retention obligations required by law, described in the Privacy Policy. Content already delivered to and downloaded by Beneficiaries remains available to them.
No use for AI: Your content will never be used to train artificial intelligence models, whether third-party or Erabox’s own, without your separate, explicit consent.
Feedback: If you send us suggestions or feedback about the service, Erabox may use them freely to improve the product, without any obligation to compensate you.
05
User code of conduct
By using Erabox, you agree to follow these rules. Breaches may lead to the suspension or deletion of your account.
- Content that is illegal, defamatory, obscene, violent or that incites hatred
- Copyright-protected material used without the rights holder’s permission
- Spam, phishing or misleading messages to beneficiaries
- Identity theft or impersonation of other people
- Falsely reporting the death of a living person, which may also be a criminal offence
- Content that involves minors in an inappropriate way
- Reverse engineering, decompiling or attempting to access the source code
- Unauthorised access to Erabox’s systems, servers or databases
- Using bots, scrapers or automated tools to access the service
- Introducing malware, viruses or harmful code
- DoS/DDoS attacks or any action that compromises the stability of the service
- Reselling or sublicensing the service to third parties without written authorisation
06
Payments, subscriptions and refunds
- Unlimited capsules
- Unlimited Beneficiaries
- 5 GB of space
- Email support
- Unlimited capsules
- Unlimited Beneficiaries
- 12 GB of space
- Email support
- Unlimited capsules
- Unlimited Beneficiaries
- 30 GB of space
- Email support
Plans and prices: all plans include the same features; only the available space differs. The prices shown here are in Swiss francs and apply to purchases on the erabox.ch website. For purchases from other countries or via the App Store and Google Play, the price, currency and applicable taxes are those shown by the purchase channel before you confirm.
Where you can buy:
- erabox.ch website: payments are handled by Stripe using secure tokenisation. Erabox does not store card details.
- iOS app: the subscription is purchased within the app via the App Store. Payment is charged to your Apple Account and handled by Apple.
- Android app: the subscription is purchased within the app via Google Play. Payment is charged to your Google Account and handled by Google, in accordance with the Google Play Terms of Service.
Automatic renewal: the subscription, whether monthly or annual, renews automatically at the end of each period unless the renewal is cancelled within the deadlines of the purchase channel. For subscriptions purchased via the App Store, renewal must be turned off at least 24 hours before the end of the current period.
Price changes: for subscriptions purchased on the website, we will let you know at least 30 days in advance by email and in-app notification; if you do not accept the new price, you can cancel the renewal before it takes effect, without penalty. For subscriptions purchased via the App Store or Google Play, price changes also follow the store’s procedures: the store informs you and, where required, asks you to accept the new price.
VAT and taxes: on the website, Stripe Tax calculates and applies the VAT or other taxes due based on your country of residence; you see the total amount before you confirm. For purchases via the App Store or Google Play, price and taxes are set and shown by the store according to the rules of your country.
EU right of withdrawal (14 days): if you are a consumer resident in the EU, you can withdraw within 14 days of the conclusion of the contract, without giving any reason. If you expressly asked for the service to start during this period and then withdraw, you may have to pay an amount proportionate to what has been provided up to the time of withdrawal. For digital content supplied immediately, you lose the right of withdrawal only if, before the purchase, you gave your express consent and acknowledged this consequence.
Purchases via the App Store and Google Play: for purchases made through Apple, refunds must be requested from Apple according to its procedure. For purchases made through Google Play, you can request a refund from Google according to its procedures or contact Erabox, which can handle and issue the refund via Google Play. This is without prejudice to the rights that the law grants you on a mandatory basis.
No partial refunds: Except in specific cases, we do not issue partial refunds for unused periods. Exceptions:
- Service interruption of more than 72 consecutive hours not caused by force majeure: pro rata refund
- Annual plans: pro rata refund of unused months if Erabox permanently discontinues the service
Cancelling the renewal: you can cancel the renewal at any time through the channel where you made your purchase (see below). Your access stays active until the end of the period you have already paid for.
07
Changes to the service
| Type of change | Notice | How we tell you |
|---|---|---|
| Feature update (improvement) | No notice required | In-app release notes |
| Removal of features (non-core) | 30 days | Email + in-app notification |
| Removal of core features | 90 days | Email + in-app notification |
| Price change (website purchases; for the stores, see section 06) | 30 days | Email + in-app notification |
| Discontinuation of the service | 12 months | Email + in-app notification + press release |
| Planned maintenance | 48 hours | Banner in the service + status page |
08
Suspension and termination
If these Terms are breached, Erabox may suspend or close the account. For minor breaches, you will be notified by email and given 7 days to remedy the breach before the account is suspended.
You can ask for your account to be deleted at any time from Profile → Privacy → Delete account. A 30-day period to change your mind starts from your request: during this period your account is deactivated, scheduled deliveries are paused and you can cancel the request by logging in again. After 30 days, the deletion becomes final and the content is deleted, subject to retention obligations required by law. Deleting your account does not cancel a subscription purchased via the App Store or Google Play (see section 06).
If Erabox closes down permanently, we will give at least 12 months’ notice, provide tools for a full data export and give pro rata refunds for active subscriptions.
When the relationship ends, you lose access to the service, with the following exceptions.
Failed payment or subscription not renewed: from the end of the paid period, you have a 30-day grace period, during which some features may be limited but your content remains accessible. Your account then becomes read-only: you can view and export your content, but not create or edit it; scheduled deliveries stay on hold until you renew. Content is kept for 12 months from the start of the read-only period; we will let you know before it is permanently deleted.
Suspension for breach: the rules on suspension set out above apply.
Verified death: if Erabox has verified your death, capsules that are already scheduled are not deleted because of non-payment or non-renewal and remain active until delivery, for a maximum of 10 years from the verification. Capsules not delivered within this period are permanently deleted. A report that has not yet been verified does not have this effect.
09
Limitation of liability
Specific exclusions: Erabox is not liable for:
- Failure to deliver content caused by incorrect contact details provided by the user
- Inability to deliver due to force majeure or decisions of the beneficiary
- The legal validity of stored content (wills, advance healthcare directives, etc.)
- Indirect damage, loss of profit, consequential damage or reputational damage
Maximum liability: Where Erabox is held liable, its total liability is limited to the amount of the fees paid by the user in the 12 months preceding the event, or CHF 100 (whichever is higher), except in cases of intent or gross negligence.
Mandatory consumer rights: Nothing in these Terms excludes or limits rights that cannot be excluded by law in the country of residence of the consumer user.
10
Force majeure
Erabox is not liable for delays or failures to perform caused by events beyond its reasonable control, including:
- Natural disasters, pandemics, wars or civil unrest
- Outages of internet infrastructure or communication networks
- Third-party cyberattacks of exceptional scale
- Government action, embargoes, unforeseen regulatory restrictions
- Failures of essential service providers (e.g. cloud providers)
If force majeure lasts longer than 90 days, either party may withdraw from the contract. The user will receive a pro rata refund of the fees paid for the unused period.
11
Governing law and jurisdiction
EU consumer protection: If you are a consumer resident in the EU, you still benefit from the mandatory protections provided by the law of your country of residence, which cannot be overridden by contract. If these Terms conflict with the mandatory rules of your country, the latter prevail.
Alternative dispute resolution: Before going to court, we encourage you to contact us at legal@erabox.ch.
Recognition of judgments between Switzerland and the EU is governed by the 2007 Lugano Convention.
12
Final provisions
Entire agreement: These Terms, including the mobile app terms in section 13, together with the Privacy Policy, the Cookie Policy and the Data Processing Agreement, constitute the entire agreement between you and Erabox in relation to the service, and replace any previous agreement.
Severability: If one or more provisions of these Terms are found to be void or unenforceable, the remaining provisions remain in full force.
Waiver: If Erabox does not exercise a right provided for in these Terms, this does not constitute a waiver of that right.
Language: If these Terms are translated, the Italian version is authoritative. Official communications are in Italian or, on request, in English.
Legal contact: For questions about these Terms: legal@erabox.ch
13
Mobile app: licence of use and App Store and Google Play terms
This section applies when you download and use the Erabox app for iOS (via Apple’s App Store) or for Android (via Google Play). For the iOS app, these Terms constitute the end-user licence agreement (EULA) and, as far as the app is concerned, this section prevails if it conflicts with the others.
Agreement between you and Erabox: these Terms are concluded only between you and Erabox SA, and not with Apple Inc. or Google LLC. Erabox, not Apple or Google, is solely responsible for the app and its content.
Erabox grants you a limited, personal, non-exclusive, non-transferable and revocable licence to download, install and use the app for personal, non-commercial use. For the iOS app, the licence allows you to use the app on any Apple-branded product that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions; the app may also be used by other accounts associated with the purchaser via Family Sharing or volume purchasing. This applies only to the app and does not mean that the Erabox subscription is shared. For the Android app, the licence allows you to use the app on devices that you own or control. You may not copy, modify, distribute, sell, rent or sublicense the app, except as permitted by law. This licence is separate from the licence you grant Erabox over your content (section 04).
Erabox is solely responsible for the maintenance and support of the app, as set out in these Terms or required by applicable law. Apple and Google have no obligation whatsoever to provide maintenance or support services for the app.
Erabox is responsible for any warranties on the app, whether express or implied by law, to the extent they are not validly excluded. If the iOS app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to a warranty are Erabox’s responsibility, within the limits of section 09.
Erabox, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and use of it, including: product liability claims; any claim that the app fails to conform to any applicable legal or regulatory requirement; claims arising under consumer protection, data protection or similar legislation.
If a third party claims that the app, or your possession and use of it, infringes their intellectual property rights, Erabox, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
You represent and warrant that you are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country, and that you are not listed on any US Government list of prohibited or restricted parties.
When you use the app, you must also comply with the terms of the third-party services you use to do so, such as your contract with your mobile or data provider. Purchases via the App Store and Google Play are also subject to the store’s terms.
Apple and its subsidiaries are third-party beneficiaries of these Terms. By accepting them, you acknowledge that Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
Erabox SA · Via delle Fornaci 6 · 6826 Riva San Vitale, Switzerland
Phone: +41 77 261 38 62 · Email: info@erabox.ch · Legal matters: legal@erabox.ch