Legal documents

Terms & Conditions

Version: draft — aligned with Dutch law. To be reviewed by legal counsel before final publication.

Plain language summary — Individuals (B2C)

You use Custodi to record accounts and wishes — you share no passwords.
After death, a designated next-of-kin can act on your behalf within official procedures.
Custodi makes every effort to execute your wishes, but depends on external platform policies.
Subscriptions can be cancelled annually; payments are generally non-refundable.
Custodi is only liable in cases of serious misconduct, and up to a limited amount.

Plain language summary — Partners / Business (B2B)

Partners remain responsible for their own client relationships and communications.
Custodi provides a technical and operational service, not legal representation.
Custodi's liability is limited; partners indemnify Custodi against intake or advisory errors.
Additional agreements can be set out in an SLA and data processing agreement (DPA).

1. Definitions

Custodi: the private limited company Custodi Life B.V., established in the Netherlands, offering digital estate services.
User: the natural or legal person entering into an agreement with Custodi.
Services: all services offered by Custodi, including recording digital accounts and wishes, and optionally executing them after death.
Agreement: the agreement between Custodi and the User to which these terms apply.

2. Applicability

These terms apply to all offers, agreements and services of Custodi.
Deviations are only valid if agreed in writing.
If a provision is void or voidable, the remaining provisions remain fully in effect.

3. Delivery conditions

Custodi delivers its services digitally via the online platform.
Access is granted after registration and, where applicable, receipt of payment.
Custodi endeavours to keep the service available but cannot guarantee uninterrupted availability.
Custodi reserves the right to temporarily interrupt the service for maintenance or updates.

4. Payment

For paid services, the User owes a fee as stated on the website or in the agreement.
Payment is made in advance, annually or per agreed period.
Invoices must be paid within 14 days of the invoice date, unless otherwise agreed.
In case of late payment, Custodi may (partially) suspend access to the service.

5. Cancellation

Subscriptions are entered into for the agreed term and automatically renewed for the same period unless cancelled in time.
Cancellation can be made by the User via their account or in writing, with one month's notice before end of term.
Already paid amounts are not refunded, unless mandatory law dictates otherwise.

6. Warranty

Custodi warrants that it will perform its services to the best of its knowledge and ability.
Custodi does not warrant that requests to third-party platforms will always be honoured, as these fall under third-party policies.
Custodi does not guarantee that all outcomes desired by the User can actually be achieved.

7. Liability

Custodi is only liable for direct damages resulting from intentional or gross negligent acts by Custodi.
Liability is in all cases limited to the amount paid by the User to Custodi in the relevant year, with a maximum of €5,000.
Custodi is not liable for indirect damages, including consequential loss, lost profits, missed savings, or immaterial damages.
Custodi is not liable for damages caused by actions or decisions of third-party services or platforms.

8. Intellectual property

All intellectual property rights regarding services, software, texts and documentation belong to Custodi.
The User obtains only a non-exclusive, non-transferable right of use for the duration of the agreement.
The User may not copy, distribute or commercially exploit Custodi materials without written permission.

9. Force majeure

Custodi is not obliged to fulfil any obligation if prevented by force majeure.
Force majeure includes: internet or infrastructure outages, cyberattacks, government measures, pandemics, war, strikes, and third-party failures.
If the force majeure situation lasts more than 60 days, both parties have the right to dissolve the agreement in writing without any right to compensation.

10. Privacy and data protection

Custodi processes personal data in accordance with the General Data Protection Regulation (GDPR).
Further information on data processing is set out in Custodi's privacy policy.

11. Governing law and disputes

All agreements with Custodi are exclusively governed by Dutch law.
Disputes are preferably resolved by mutual agreement. If this fails, disputes will be submitted to the competent court in the Netherlands.

12. Provisions regarding death and third parties

The User may designate one or more contact persons or next-of-kin within the service to act on their behalf after death, within Custodi's procedures.
Custodi grants these third parties no ownership rights and no direct access to the deceased's accounts — only procedural support based on the User's recorded wishes.
Execution of wishes takes place only after receipt and verification of legally required documents, including a death certificate.
Custodi may suspend or reject requests if documents are incomplete, incorrect or legally insufficient.
Custodi acts as an executing service provider — not as heir, executor or legal representative, unless explicitly agreed in writing.

Part A

13. Consumer-specific provisions (B2C)

These provisions apply if the User is a natural person acting outside of a professional or business capacity.

The agreement can be dissolved by the consumer within 14 days of first registration at no cost, unless the service has already been actively used with the consumer's explicit consent.
Custodi will clearly inform consumers about prices, term and cancellation conditions in accordance with Netherlands Authority for Consumers & Markets (ACM) guidelines.
Termination of the agreement due to the consumer's death does not automatically result in a refund of paid amounts, unless legally required.

Part B

14. Partner and business provisions (B2B)

These provisions apply if the User acts in the exercise of a profession or business, including notaries, funeral directors and other professional partners.

Partners act towards end-users under their own responsibility, unless explicitly operating under a white-label or co-branded agreement.
Custodi is not liable for representations made by partners to end-users that deviate from Custodi's documented procedures.
Partners indemnify Custodi against end-user claims arising from incorrect intake, inadequate information provision, or actions contrary to these terms.
For partners, a separate data processing agreement (DPA) and service level agreement (SLA) may apply.

How we protect your personal data under GDPR.