Terms of Service

These terms are an agreement between you and MiWish Pty Ltd (ACN 701 521 164, ABN 65 701 521 164) (“MiWish”, “we”, “us”), an Australian company based in Victoria, Australia. They apply whenever you use the MiWish website and platform at miwish.com (the Platform), whether as an account holder or as an invited visitor using a private access or contribution link.

By creating an account or using the Platform you agree to these terms and to our Privacy Policy. If you don’t agree, please don’t use the Platform.

The Platform lets you:

• record your life story, wishes and celebration of life plan;
• upload photographs, music, videos and voice recordings, and arrange them into a presentation;
• record practical estate information for your executor, and upload related documents;
• invite family and friends to contribute messages and photos for your approval;
• share the finished presentation with nominated recipients through private, read-only access links, including a memorial guestbook and downloadable keepsake documents.

• You must be at least 18 years old to create an account.
• You must give us accurate information and keep it up to date.
• You are responsible for keeping your login details secure and for everything done through your account. Tell us immediately if you believe your account has been compromised.
• One person per account: an account represents you and your plan, and only you can edit it. Recipients and executors receive view and download access only — never editing rights.

You own your content. Everything you add to the Platform — your words, photographs, recordings and plans — remains yours. You grant us a limited, non-exclusive licence to host, store, process, display and transmit that content, solely as needed to provide the Platform to you and to the people you authorise. That licence ends when the content is deleted.

You must have the right to upload what you upload. In particular:

• Music: commercial recordings are protected by copyright, and a personal or memorial use does not automatically make them free to use. Only upload music you have the right to use — music you created, music that is licensed to you, or royalty-free works.
• Photographs and videos: upload only material you own or are permitted to use, and be considerate of the people who appear in it.
• Other people’s details: when you add guest, next of kin or contact details, you confirm you are entitled to share them for the purposes described in our Privacy Policy.

You are responsible for the content you add and approve, including contributions from family and friends that you choose to accept into your presentation. We don’t review your private content, but we may remove content or suspend an account if we reasonably believe it breaks the law or these terms.

Sharing on MiWish works through private links secured by long random codes, rather than recipient accounts and passwords. This makes access simple for recipients — including during a difficult time — but it means:

• Anyone in possession of an access link has the access it grants. Treat links like keys, and ask your recipients to do the same.
• Recipients you nominate can view all memorial content — including your guest list and its contact details — and download the keepsake PDF. Recipients you mark as executors can additionally view your final wishes and estate documents, and moderate the guestbook.
• You can revoke any access link at any time. Revocation is immediate and permanent; restoring someone’s access means issuing them a fresh link.
• Contribution links only allow submitting a message or photo for your approval — they never expose your content.

MiWish is built so that what you prepare remains available to the recipients you nominated. It is your responsibility to make sure the right people actually hold their access links (or know where to find them) — the Platform shares your presentation with the people you nominate, and with no one else.

The role of “executor” on the Platform is an access level you assign, not a legal appointment. Marking someone as an executor on MiWish does not make them the executor of your estate, and being the legal executor of an estate does not by itself grant access to a MiWish account. If you want them to be the same person, nominate them — most people do.

The Platform includes optional AI assistance for drafting text and arranging presentations. AI-generated material is a starting point, not a finished product: it can be wrong, incomplete or not in your voice. You are responsible for reviewing and editing anything the AI produces before you keep it. Nothing generated is added to your presentation without your acceptance. Our Privacy Policy explains what is (and is not) shared with our AI provider.

MiWish is a planning and record-keeping tool. It is not a will, and nothing on the Platform is legal, financial, tax or estate-planning advice.

• Recording your wishes on MiWish does not create, change or revoke a will, power of attorney, advance care directive or any other legal instrument.
• Your “Final Wishes” area is a convenient record for your executor — for example, where your will is kept — not a substitute for the documents themselves.
• For a valid will and estate planning, consult a qualified solicitor. For financial matters, consult a licensed adviser.

You must not use the Platform to:

• break the law, or infringe anyone’s rights — including copyright and privacy;
• upload content that is abusive, hateful, or intended to harass or shame any person;
• misuse a contribution or guestbook link — these are for genuine messages of condolence and remembrance;
• attempt to access another person’s account or content, probe or disrupt the Platform’s security, or use automated tools to scrape it;
• misrepresent who you are when submitting a contribution or guestbook entry.

We may remove content, revoke links or suspend accounts that breach this section. Where reasonable, we’ll tell you what happened and why.

Parts of the Platform may be offered free of charge and other parts may require payment. Any prices, inclusions and billing terms will be shown to you clearly before you pay, and those disclosures form part of these terms. If we introduce or change fees that affect you, we will give you reasonable notice — and we will never respond to a billing issue by cutting off a bereaved family’s access to a memorial that has already been shared with them.

We work to keep the Platform available and your content safe, but no online service can promise uninterrupted availability. We recommend downloading the keepsake PDF of your finished presentation and keeping your own copies of irreplaceable photographs and documents — MiWish is designed to preserve your story, not to be the only place it exists.

We will be improving, upgrading and adding additional features over time. If we ever plan to discontinue the Platform or a feature in a way that would materially affect your content, we will give you reasonable notice and a reasonable opportunity to export or download your content first.

The Platform itself — its software, design and branding — belongs to MiWish Pty Ltd and its licensors. These terms don’t give you any rights in the Platform other than the right to use it. Nothing in this section affects your ownership of your own content (section 4).

By you: you can stop using the Platform at any time, and you can permanently delete your account and everything in it from your account settings. Deletion is immediate and irreversible, and disables every access link you have issued.

By us: we may suspend or close an account for a serious or repeated breach of these terms, or where we are legally required to. Except where the breach makes it inappropriate, we will warn you first and give you a chance to respond, and — unless legally prevented — an opportunity to export your content.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Competition and Consumer Act 2010 (Cth) or any other law that cannot lawfully be excluded.

To the extent permitted by law (and subject always to section 14), we are not liable for loss that arises from things outside our reasonable control — including your loss of access links, content you or your invitees upload, third-party services, or your reliance on the Platform as a substitute for legal or financial documents or advice.

Where our liability for a breach of a non-excludable guarantee can lawfully be limited, it is limited, at our choice, to resupplying the relevant service or paying the cost of having it resupplied. To the extent permitted by law, our total aggregate liability to you is otherwise limited to the greater of the amount you paid us for the Platform in the 12 months before the event giving rise to the claim, and AUD $100.

You agree to take reasonable care in how you use the Platform — including keeping your own copies of irreplaceable material and treating access links securely.

• These terms are governed by the laws of Victoria, Australia, and you and we submit to the non-exclusive jurisdiction of its courts.
• If part of these terms is found to be unenforceable, the rest still applies.
• We may update these terms from time to time. The date at the top shows when they last changed; if a change is significant, we will notify you through the Platform or by email before it takes effect. Continuing to use the Platform after a change takes effect means you accept the updated terms.
• You may not transfer your rights under these terms to anyone else without our consent. We may transfer ours as part of a genuine business restructure or sale, provided your rights are not reduced.

Questions about these terms can be sent to admin@miwish.com.

MiWish Pty Ltd · ACN 701 521 164 · ABN 65 701 521 164 · Victoria, Australia