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Terms of Service

Last updated: July 8, 2026

Custodian HQ is a Wyoming C-Corporation that operates a digital inheritance and asset transfer platform (the "Platform"). The Platform enables users to securely document digital assets, encrypt access instructions, designate trusted custodians and beneficiaries, and arrange for the automated transfer of digital asset access information upon their death or incapacitation.

CUSTODIAN HQ IS A TECHNOLOGY PLATFORM. WE ARE NOT A LAW FIRM, ESTATE ATTORNEY, FINANCIAL ADVISOR, TAX ADVISOR, INVESTMENT ADVISOR, LICENSED CUSTODIAN OF FINANCIAL ASSETS, OR FIDUCIARY. NOTHING ON THIS PLATFORM CONSTITUTES LEGAL, FINANCIAL, TAX, OR INVESTMENT ADVICE. USERS ARE STRONGLY ENCOURAGED TO CONSULT QUALIFIED PROFESSIONALS FOR ESTATE PLANNING, TAX, AND FINANCIAL ADVICE.

1. Definitions

"Account" - The user account created by an individual upon completing the registration process on the Platform.

"Asset Inventory/Assets" - The encrypted record of digital assets and access instructions created and maintained by a User within the Platform.

"Beneficiary" - A person designated by a User to receive digital asset access instructions upon the triggering and execution of the transfer process.

"Custodian Network Member" or "Custodian" - A person designated by a User to hold a cryptographic key share and initiate or participate in the transfer verification process. Not to be confused with Custodian HQ, the Company.

"Secret Key" - The encryption key entered by a User to encrypt their Asset Inventory. The Secret Key is split into shares using cryptographic splitting and distributed to Custodian Network Members. Custodian HQ does not retain the Secret Key.

"Security Window" - The configurable countdown period (default: 30 days; maximum: 366 days) during which the User may cancel the transfer process after it is initiated by a Custodian Network Member.

"Services" - All features, functions, and capabilities of the Platform, including asset documentation, key splitting, transfer initiation, notification, and beneficiary delivery.

"Subscription" - A paid recurring subscription plan that grants access to the Services.

"Transfer Event" - The completion of the decryption and delivery of asset access instructions to designated Beneficiaries.

"User" or "you" - Any individual who creates an Account and uses the Platform.

2. Eligibility

By creating an Account, you represent and warrant that:

  • You are a natural person with the legal capacity to enter into binding contracts.
  • You are accessing the Platform for estate planning purposes and not on behalf of a competing digital inheritance or asset custody service.
  • All information you provide during registration and use of the Platform is accurate, current, and complete.
  • You will maintain the accuracy of your information and update it promptly if it changes.
  • Your use of the Platform will comply with all applicable laws, regulations, and third-party terms of service.

The Platform is intended for users in all jurisdictions where its use is not prohibited by applicable law. We reserve the right to restrict access to users in specific jurisdictions at any time, with or without notice, due to legal, regulatory, or operational reasons.

3. Account Registration and Security

  1. To use the Services, you must create an Account by providing your full name, email address, phone number, address, and a secure password. You agree to provide accurate and complete information.
  2. You are solely responsible for:
    • Maintaining the confidentiality of your account credentials (email address, password, and Secret Key).
    • All activities that occur under your Account, whether authorized by you or not.
    • Immediately notifying us at [email protected] if you suspect unauthorized access to your Account.
    Custodian HQ will not be liable for any loss or damage arising from unauthorized use of your Account resulting from your failure to maintain adequate security of your credentials.
  3. Your Secret Key is the master encryption key for your Asset Inventory. Custodian HQ DOES NOT store, hold, or have access to your Secret Key. If you lose your Secret Key and your Custodian Network Members lose their key shares, you can easily delete the assets and re-upload them. Custodian HQ accepts no liability for loss of access resulting from loss of the Secret Key.

4. Description of Services

  1. The Platform provides the following core capabilities:
    • Account Creation & Management: Secure account registration, profile management, and subscription management.
    • Custodian Network Configuration: Designation and management of Custodian Network Members who will hold cryptographic key shares.
    • Beneficiary Designation: Designation of Beneficiaries who will receive asset access instructions upon the Transfer Event.
    • Asset Inventory Creation: A secure, interface for documenting digital assets including (but not limited to): cryptocurrency wallets and private keys; seed phrases and hardware wallet PINs; online financial account credentials; social media account credentials; email account credentials; digital files and documents (in acceptable formats); domain names and hosting credentials; NFT storage and wallet information; streaming and subscription service credentials; and any other text-based or file-based access information.
    • Cryptographic Key Splitting: Distribution of encrypted key shares to Custodian Network Members using a multi-party cryptographic scheme, such that no single Custodian Network Member holds the complete decryption capability in the event that the user opts for having more than one custodian.
    • Transfer Process Management: Initiation, monitoring, notification, and execution of the transfer process upon triggering events.
  2. The Platform supports any digital asset whose access instructions can be expressed in text form or uploaded as a PDF document or any other acceptable file format. The Platform does not directly hold, store, manage, trade, or transfer any financial instrument, cryptocurrency, or digital asset. It holds only encrypted informational instructions.
  3. The Platform does not provide:
    • Cryptocurrency custody, wallet management, or asset trading
    • Legal advice, will drafting, trust creation, or estate administration
    • Financial or investment advice
    • Tax advice or tax reporting
    • Identity verification of Beneficiaries
    • Legal verification of death or incapacitation

5. The Transfer Process

  1. The transfer process is initiated when a Custodian Network Member logs into the Platform and triggers the process on the basis that the User has died or has become permanently incapacitated. By triggering the process, the Custodian Network Member represents that they have reasonable grounds to believe the event has occurred.
  2. Upon initiation of the transfer process, the Platform activates the Security Window, a countdown period configured by the User (minimum: 1 day; default: 30 days; maximum: 366 days). During the Security Window, the Platform will make repeated attempts to contact the User via multiple email notifications to the User's registered email address.
  3. The User may cancel the transfer process at any time during the Security Window by logging into their Account. Any login activity by the User during the Security Window will be treated as evidence of the User's continued capacity and will cancel the transfer process.
  4. If the Security Window expires without any login activity by the User and without cancellation, the Platform proceeds to the execution phase:
    • Upon submission of the required number of key shares, the Asset Inventory is decrypted.
    • The decrypted asset access instructions are transmitted to the designated Beneficiaries via their registered email addresses.
  5. THE PLATFORM DOES NOT INDEPENDENTLY VERIFY THAT THE USER HAS IN FACT DIED OR BECOME INCAPACITATED. THE TRIGGERING OF THE PROCESS BY A CUSTODIAN NETWORK MEMBER IS PROCEDURAL. CUSTODIAN HQ BEARS NO RESPONSIBILITY FOR FALSE TRIGGERS, UNAUTHORIZED TRIGGERS, OR TRANSFERS EXECUTED IN CIRCUMSTANCES WHERE THE USER WAS NOT IN FACT DECEASED OR INCAPACITATED. USERS SHOULD CAREFULLY SELECT TRUSTWORTHY CUSTODIAN NETWORK MEMBERS.
  6. If a User has outstanding unpaid subscription fees at the time of transfer execution, Custodian HQ reserves the right to request settlement of all outstanding amounts from the Custodian Network Members or Beneficiaries prior to release of the decrypted instructions.

6. Subscription and Payment

  1. New users are entitled to a thirty (30) day free trial upon account creation and subscription activation. No charge will be made during the free trial period. To activate the free trial, a valid payment method (credit card or accepted cryptocurrency) may be required.
  2. Following the expiration of the free trial and/or failure to remit payment, access to the platform will be blocked until you initiate a subscription or initiate payment. Current subscription pricing is set out on the Platform's pricing page and may be updated from time to time with prior notice.
  3. You may cancel your subscription at any time before the end of your free trial period without incurring any charge. Cancellation must be made through your account settings.
  4. EXCEPT FOR CANCELLATIONS MADE BEFORE THE END OF THE FREE TRIAL PERIOD, ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE. ONCE A BILLING CYCLE HAS COMMENCED AND A CHARGE HAS BEEN MADE, NO REFUND WILL BE ISSUED, WHETHER OR NOT THE PLATFORM HAS BEEN USED DURING THAT PERIOD. We reserve the right to introduce a refund policy in the future at our sole discretion.
  5. Payments are processed by Stripe, Inc. or through designated cryptocurrency payment channels. By providing payment information, you authorize us to charge the applicable fees. You represent that you are authorized to use the payment method provided.
  6. You are responsible for all applicable taxes, duties, or levies associated with your subscription, including VAT (where applicable). We will collect and remit taxes as required by applicable law.

7. User Obligations and Acceptable Use

  1. You are solely responsible for:
    • The accuracy, completeness, and currency of the information contained in your Asset Inventory
    • The selection and trustworthiness of your Custodian Network Members and Beneficiaries
    • Maintaining updated contact information for all designated parties
    • Re-generating and redistributing key shares if any Custodian Network Member is changed
    • Ensuring that your Beneficiaries are aware of their designation and understand how to respond when contacted
    • Ensuring that any transfer of asset access instructions to Beneficiaries complies with applicable estate laws and the terms of service of third-party platforms
    • Ensuring that before accepting/receiving assets, such are subjected to appropriate cybersecurity screening and virus detection protocols prior to being accessed, opened, downloaded, executed, transferred, or otherwise processed. Such screening shall include the use of up-to-date antivirus, anti-malware, and other reasonable security tools designed to identify and mitigate malicious code, malware, ransomware, viruses, or other cybersecurity threats that may compromise the confidentiality, integrity, or availability of the information or the users systems.
  2. You agree that you will not:
    • Use the Platform for any unlawful, fraudulent, or deceptive purpose
    • Attempt to reverse-engineer, decompile, or disassemble any aspect of the Platform or its cryptographic systems
    • Circumvent or attempt to circumvent any security feature of the Platform
    • Upload malware, viruses, or harmful code to the Platform
    • Use the Platform to store or transmit information that violates any applicable law, including the intellectual property rights of any third party
    • Impersonate any person or entity in connection with the Platform
    • Attempt to access any other User's Account or data
    • Use the Platform to facilitate money laundering, terrorist financing, tax evasion, or any other criminal activity
    • Use automated bots, scrapers, or crawlers to access the Platform without our written consent

8. Third-Party Platforms and Credentials

The Platform enables you to store access credentials for third-party platforms and services. You acknowledge and agree that:

  • You are solely responsible for ensuring that storing and transmitting credentials for third-party services complies with those services' terms of service.
  • Custodian HQ does not access, monitor, or interact with any third-party service on your behalf. We store only the encrypted text and/or files of your instructions.
  • Third-party platforms may change their account access policies, terms of service, or authentication requirements at any time, rendering your stored instructions obsolete. Custodian HQ bears no responsibility for such changes.
  • The receipt of your asset access instructions by a Beneficiary does not guarantee that the Beneficiary will be able to access the relevant third-party accounts, which may require compliance with the third-party's own inheritance or account recovery procedures.

9. Intellectual Property

  1. The Platform, including all software, design, user interface, cryptographic systems, trademarks, trade names, and content created by Custodian HQ, is the exclusive property of Custodian HQ and is protected by applicable intellectual property laws. Nothing in these Terms grants you any right, license, or interest in our intellectual property.
  2. You retain all ownership rights in the content you store in your Asset Inventory. By uploading content to the Platform, you grant Custodian HQ a limited, non-exclusive license to store, encrypt, and transmit that content solely to the extent necessary to provide the Services. We do not claim ownership of your content.

10. Disclaimer of Warranties

THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. CUSTODIAN HQ EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES
  • WARRANTIES AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION ON THE PLATFORM
  • WARRANTIES THAT THE TRANSFER PROCESS WILL RESULT IN SUCCESSFUL ACCESS TO THIRD-PARTY DIGITAL ASSETS
  • WARRANTIES AS TO THE LEGAL VALIDITY OR ENFORCEABILITY OF ANY TRANSFER EFFECTED THROUGH THE PLATFORM AS A TESTAMENTARY INSTRUMENT

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Limitation of Liability

  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTODIAN HQ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, FAILURE OF SECURITY MECHANISMS, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM.
  2. IN NO EVENT SHALL CUSTODIAN HQ'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY YOU TO CUSTODIAN HQ IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
  3. CUSTODIAN HQ STORES INFORMATIONAL INSTRUCTIONS ONLY AND DOES NOT HOLD, MANAGE, OR CONTROL ANY DIGITAL ASSETS. CUSTODIAN HQ SHALL NOT BE LIABLE FOR: THE VALUE OF ANY DIGITAL ASSETS; THE LOSS OF ACCESS TO ANY DIGITAL ASSETS DUE TO LOST CREDENTIALS, EXPIRED ACCOUNTS, THIRD-PARTY POLICY CHANGES, OR PLATFORM DOWNTIME; TAX CONSEQUENCES INCURRED BY BENEFICIARIES UPON RECEIPT OF ASSET ACCESS INSTRUCTIONS; OR ANY FAILURE BY A THIRD-PARTY PLATFORM TO HONOR THE TRANSFER OF ACCESS CREDENTIALS.

12. Indemnification

You agree to indemnify, defend, and hold harmless Custodian HQ and its officers, directors, employees, agents, and successors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of the Platform
  • Your breach of these Terms
  • The content of your Asset Inventory
  • The accuracy or inaccuracy of the information you provide to the Platform
  • Any dispute between you and a Beneficiary, Custodian Network Member, or third-party platform
  • Any false triggering of the transfer process by a Custodian Network Member you designated
  • Your violation of any applicable law or regulation

13. Platform Availability and Maintenance

Custodian HQ aims to maintain high platform availability and will use commercially reasonable efforts to minimize downtime. However, we do not warrant any specific uptime service level. We reserve the right to:

  • Perform scheduled and unscheduled maintenance, which may result in temporary unavailability
  • Modify, suspend, or discontinue any feature of the Platform with notice
  • Terminate the Platform entirely with a minimum of ninety (90) days' written notice to all active users

In the event of Platform termination, users will be given adequate opportunity to export their Asset Inventory data before shutdown upon provision of your secret key. Custodian HQ does not hold your decrypted data and therefore cannot reconstruct it.

14. Account Termination

  1. You may close your Account at any time through your account settings. Closure of your Account will result in the deletion of your data subject to the retention obligations described in the Privacy Policy.
  2. We reserve the right to suspend or terminate your Account, with or without notice, if we reasonably determine that:
    • You have violated these Terms
    • Your account shows evidence of fraud, abuse, or harmful activity
    • We are required to do so by applicable law or regulatory requirement
    • Continued operation of your Account poses a security risk to the Platform or other users

15. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated by: (a) email notification to your registered address; and (b) prominent notice on the Platform. Changes will take effect thirty (30) days after notice for material modifications, or immediately for non-material clarifications. Your continued use of the Platform after the effective date constitutes acceptance of the modified Terms.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States of America, without regard to its conflict of laws provisions. To the extent that mandatory consumer protection laws of your jurisdiction of residence provide you with rights that cannot be waived contractually, those rights shall not be affected by this governing law clause.

17. Dispute Resolution, Arbitration, and Class Action Waiver

  1. Before initiating any formal dispute resolution proceeding, you agree to first contact us at [email protected] and provide a written description of your complaint. We will endeavor to resolve the dispute informally within thirty (30) days.
  2. IF INFORMAL RESOLUTION IS UNSUCCESSFUL, YOU AND CUSTODIAN HQ AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES. THE ARBITRATION SHALL TAKE PLACE IN WYOMING, USA. THE ARBITRATOR'S DECISION SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
  3. YOU AND CUSTODIAN HQ EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY. IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE, THEN THE ENTIRE ARBITRATION PROVISION SHALL BE NULL AND VOID.
  4. Notwithstanding Clause 17(II), either party may seek emergency injunctive relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.

18. Miscellaneous

  • Entire Agreement: These Terms, together with the Privacy Policy and Custodial Agreement, constitute the entire agreement between you and Custodian HQ with respect to the Platform and supersede all prior agreements.
  • Severability: If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary or severed, and the remaining provisions shall continue in full force.
  • No Waiver: Failure to enforce any right under these Terms shall not constitute a waiver of that right.
  • Force Majeure: Custodian HQ shall not be liable for delays or failures in performance resulting from causes beyond its reasonable control, including acts of God, war, terrorism, internet outages, or regulatory actions.
  • Assignment: You may not assign these Terms or your Account without Custodian HQ's prior written consent. Custodian HQ may assign these Terms in connection with a merger, acquisition, or sale of assets.
  • Notices: Legal notices to Custodian HQ should be directed to [email protected].