Terms & Conditions

1. Introduction

These Terms and Conditions (“Terms”) are a legal agreement between you (“User,” “you”) and Klosurequest Technologies Pvt. Ltd. (“Kustodian,” “Company,” “we,” “our,” “us”). They govern your use of the Kustodian.life platform (“Platform”) and its related services (“Services”).

By using our Platform, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. If you do not agree, you must stop using our Services immediately.

You confirm that you are at least 18 years of age and legally capable of entering this agreement. If you are using our Services on behalf of another person or company, you confirm that you have the authority to bind that party to these Terms.

2. Definitions

• Personal Data: Any information that can be used to identify you, such as your name, contact details, government ID numbers, and demographic information.
• Financial Data: Information about your financial accounts and assets, including provident fund details, bank accounts, insurance policies, investment portfolios, and tax records.
• Third-Party Sources: External organisations like government agencies (EPFO, Income Tax Department), banks, insurance companies, and investment platforms that hold your financial data.
• Agent Authorisation: Your specific and clear consent granting Kustodian the authority to act as your authorised representative for retrieving, consolidating, and managing your financial data from Third-Party Sources.
• Succession Services: Our suite of digital tools and assistance for estate planning. This includes preparing draft documents for wills, nominee designations, asset documentation, and succession planning. These tools do not provide legal advice and do not produce legally binding documents without proper execution as required by law.

3. User Account and Registration

3.1 Account Creation: You must provide accurate, current, and complete information when you register. You are responsible for keeping your account credentials confidential and must notify us immediately of any unauthorised access. You cannot transfer your account to anyone else without our written consent.

3.2 Account Verification: We may require identity verification and KYC documentation. Failure to provide this may result in service limitations or account suspension.

4. Data Access and Authorization

4.1 Appointment as Authorised Agent

By using our Services, you appoint Kustodian as your limited authorised agent to:

• Retrieve your Financial Data from Third-Party Sources.
• Consolidate and organise your financial information.
• Provide succession planning and estate management services.

4.2 Scope of Access

We only access the data necessary to provide our Services based on your instructions. Data retrieval may occur through secure APIs, authorised data capture tools, or manual processes.

4.3 Government ID Collection and Verification

• Government ID documents (such as PAN, Aadhaar, Voter ID, Passport, or Death Certificates in case of heirs) may be collected solely for verification or application purposes.
• In cases where documents are manually reviewed (e.g., Aadhaar vs. PAN comparison), they are used only for one-time verification and are not stored beyond the claim process.
• Clients may choose to provide masked documents, though in some cases full ID documents may be requested for lawful verification and application.

4.4 User Responsibilities

You confirm and guarantee that:

• You are the lawful owner of all accounts you link to our Platform.
• You have the legal authority to grant us access to this data.
• All information you provide is accurate and complete.
• You will promptly update us with any changes to your account information.

4.5 Indemnification for Data Access

You agree to protect Kustodian from any claims, damages, or disputes that arise from our accessing data based on your authorisation and instructions.

4.6 Revocation of Authorisation and Your Data Rights

You can revoke this authorisation at any time by emailing us at care@kustodian.life. Be aware that this may limit or terminate your Services. In line with the Digital Personal Data Protection Act, 2023, you also have the right to access, correct, or erase your personal data held by us.

5. Succession and Estate Planning Services

5.1 Service Offerings

Kustodian provides digital tools and assistance for:

• Comprehensive asset documentation and listing.
• Nominee and beneficiary designation.
• Drafting wills and estate planning documents.
• Succession document preparation.

5.2 Legal Disclaimers

Our services are tools and do not constitute legal advice. Documents generated through our Platform are drafts and require proper execution, including physical signatures and witnessing by at least two people, as per the Indian Succession Act, 1925. For complex estates, we strongly recommend consulting a qualified legal professional.

5.3 Your Responsibility for Execution

You acknowledge that you are solely responsible for properly and lawfully executing any documents prepared using our Services. Kustodian is not responsible for any legal or financial consequences resulting from a document's improper execution.

6. Your Obligations and Prohibited Conduct

• You must provide true, accurate, and complete information.
• You may not use our Services for unlawful activities (fraud, tax evasion, identity theft).
• You may not attempt to gain unauthorised access, interfere with systems, reverse-engineer, or use automated bots without consent.
• You must comply with all KYC requirements and maintain security of your credentials.

7. Fees, Payments, and Refunds

• Fees will be displayed before purchase. Taxes apply per Indian laws.
• Payments are due immediately through approved gateways.
• Payments are non-refundable once services are delivered, except in cases of duplicate charges or service failures. Approved refunds will be processed within 7–10 business days.

8. Data Security, Retention, and Heir Access

8.1 Security Measures

We use industry-standard security, including encryption, multi-factor authentication, monitoring, and strict access controls.

8.2 Data Retention

• Personal and financial data is retained only as long as necessary to provide Services or as required by law.
• After you close your account, your data will be securely deleted within 90 days.
• Succession documents may be retained longer, solely for verified legal heirs, up to 7 years or until a verified claim is completed.

8.3 Heir Access

Legal heirs may request access to succession documents by submitting valid proof (such as a legal heir certificate, court order, or notarised affidavit). Kustodian will only release documents after due verification.

8.4 Third-Party Service Providers

We may use third-party providers (cloud hosting, KYC verification, payment processors) under strict confidentiality and security obligations. Data is stored within India unless otherwise required by law.

8.5 Data Breach Response

In case of a security incident, we will notify affected users and relevant authorities as required by law.

9. Liability Limitations and Disclaimers

• Services are provided “as is” and “as available.”
• We do not guarantee uninterrupted service, absolute data accuracy, or enforceability of succession documents.
• Our liability is capped at the total fees you paid to Kustodian for the claim.
• We are not liable for indirect, incidental, or consequential damages.

10. Indemnification

You agree to defend and hold harmless Kustodian, its officers, employees, and agents against claims, damages, or expenses arising from:

• Breach of these Terms.
• Violation of laws.
• Disputes with financial institutions.
• Unauthorised use of another person's data.

11. Intellectual Property

All rights, title, and interest in the Platform, including software, designs, content, and generated templates, are owned by Kustodian. Users may use generated documents only for personal or organisational purposes and not for resale or redistribution.

12. Force Majeure

Kustodian is not liable for delays or service disruptions due to events beyond our reasonable control, including government actions, system failures, natural disasters, cyberattacks, or internet disruptions.

13. Account Termination

• Users may terminate their account anytime via Platform or support.
• We may suspend/terminate for breach, fraud, non-payment, or inactivity.
• Upon termination, access ceases, data deletion begins, and legal heirs may retain access to succession documents as per Section 8.

14. Governing Law and Dispute Resolution

• Governed by Indian law.
• Jurisdiction: courts in Bengaluru, Karnataka, India.
• Parties agree to attempt good faith negotiations for 30 days before litigation.

15. General Provisions

• We may modify these Terms anytime, with notice.
• Invalid provisions do not affect the rest of the Terms.
• You cannot assign your rights without consent; we may assign freely.
• These Terms + Privacy Policy = entire agreement.

16. Contact Information and Grievance Redressal

We acknowledge grievances within 48 hours and aim to resolve them in a reasonable timeframe.