Tomorrow

Beneficiary Terms of Service

Effective date:
Version:
1.0.0

These Beneficiary Terms of Service (the "Beneficiary Terms") govern your access to and use of the services offered by Tomorrow Labs, Inc. ("Tomorrow," "we," "us") in your capacity as a designated Beneficiary of a Tomorrow Account. They are in addition to, and incorporate by reference, our general Terms of Service available at https://tomorrow.xyz/legal/terms (the "General Terms"). The General Terms contain important provisions that apply to you as a Beneficiary, including without limitation the disclaimers, assumption-of-risk, indemnification, limitation-of-liability, arbitration, class action waiver, and governing law provisions, all of which are incorporated into these Beneficiary Terms. You should read the General Terms in full. In the event of a conflict between these Beneficiary Terms and the General Terms with respect to the subject matter of these Beneficiary Terms, these Beneficiary Terms control.

PLEASE READ THESE BENEFICIARY TERMS CAREFULLY. BY ACCEPTING AN INVITATION TO BE A BENEFICIARY, BY INITIATING A CLAIM, OR BY TAKING ANY OPERATIONAL ACTION WITH RESPECT TO AN ACCOUNT AS A BENEFICIARY, YOU ACCEPT THESE BENEFICIARY TERMS. IF YOU DO NOT AGREE, DO NOT ACCEPT THE INVITATION, DO NOT INITIATE A CLAIM, AND CONTACT US AT THE ADDRESS IN THE GENERAL TERMS.

In plain English: If you are the named recipient of a wallet through Tomorrow, this document is the deal between you and us. Important takeaway: getting access to the wallet does NOT mean you own the money. Whoever the deceased's real estate plan says inherits the money owns the money. You're a temporary caretaker until that's sorted out. If you keep the money for yourself when you shouldn't, the rightful owner can sue you.

1. Who You Are and What This Is

1.1 Your role. You have been designated as a Beneficiary of one or more Tomorrow Accounts (each, an "Account") by the Owner of that Account (the "Owner"). A Beneficiary designation entitles you, upon the occurrence of a Trigger Event (as defined in the General Terms), to the operational ability to access and operate the wallet associated with the Account. It does not transfer ownership of any digital assets to you.

1.2 What this is. These Beneficiary Terms set out:

  • the rights and obligations of a Beneficiary before, during, and after a Trigger Event;

  • the legal status of digital assets accessed by a Beneficiary;

  • the constructive trust obligations imposed by your acceptance of the role; and

  • your obligations to the Owner (if living) and to the Owner's estate (if deceased) and to other interested parties.

1.3 Acceptance. You accept these Beneficiary Terms by (a) accepting an invitation to be a Beneficiary in the Services, (b) initiating a claim upon a Trigger Event, or (c) operating an Account wallet as a Beneficiary. Each separate act is an independent acceptance.

2. Pre-Trigger Status

2.1 No rights prior to Trigger. Prior to the occurrence of a Trigger Event, your status as a designated Beneficiary does not confer on you any of the following:

  • any ownership, beneficial interest, or expectancy in any digital asset held in any wallet associated with the Account, except for a contingent expectancy that may or may not vest under applicable law;

  • any right to direct, instruct, observe (other than account metadata), or interfere with the Owner's operation of the Account or the Owner's wallet;

  • any right against the Owner for damages, equitable relief, or otherwise, arising from any disposition of digital assets by the Owner prior to the Trigger Event;

  • any right to instruct Tomorrow to take or refrain from taking any action;

  • any right to claim that the Owner owes you a fiduciary duty by reason of the designation; or

  • any right that the Owner will not revoke, modify, or replace the designation.

2.2 Owner's revocability. You acknowledge that, prior to the occurrence of a Trigger Event, the Owner may revoke or modify the designation at any time, may transfer or dispose of any digital asset in the wallet, may change the trigger configuration, and may terminate the Account, in each case without notice to you and without any liability to you.

2.3 Your access prior to Trigger. You may, prior to a Trigger Event, view through the Services that you have been named as a Beneficiary, view certain Account metadata such as the name and chain selection chosen by the Owner, and view (but not modify) the trigger configuration. You may not view balances, transaction history, or any other wallet activity.

3. Trigger Event and Initiating a Claim

3.1 Trigger Event. A Trigger Event occurs as described in the General Terms (Digital Heartbeat expiry, Trusted Group attestation quorum, or both). Tomorrow will, on a best-efforts basis, notify you when a Trigger Event occurs. Delivery of any such notice is not guaranteed; if you have reason to believe a Trigger Event has occurred, you may log into your Tomorrow account to check the status of the Account.

3.2 What you need to claim. To complete a claim, you must:

  • be authenticated to a Tomorrow account associated with the same email address to which the Beneficiary invitation was sent;

  • possess one of the Recovery Materials for the Account — that is, either the Recovery Password the Owner set during Account creation or a registered Security Key (such as a YubiKey or a synced passkey) — and you must obtain the Recovery Material yourself; Tomorrow does not store the Recovery Password and cannot reset or recover it;

  • complete the in-application claim flow, including unwrapping the Recovery Materials and unlocking the wallet through the Dynamic SDK; and

  • accept these Beneficiary Terms in effect at the time of the claim.

3.3 Due diligence before claim. Before initiating a claim, you agree to undertake any reasonable inquiry available to you to confirm that the Trigger Event corresponds to the Owner's actual death and was not fired in error (for example, by a missed Digital Heartbeat while the Owner is hospitalized or out of contact) or procured by a false Trusted Group attestation. The level of inquiry should be commensurate with the circumstances and the value of the assets at stake. Nothing in this Section 3.3 prevents you from completing a claim; the consequences of accessing the wallet when the Owner is in fact living, or when the Trigger Event was otherwise wrongly procured, are governed by Section 4 (constructive trust) and Section 6 (procedures if the Owner returns).

4. Constructive Trust; No Vesting of Ownership

4.1 The fundamental bargain. You acknowledge and agree that: a Trigger Event and your subsequent ability to operate the wallet do not, by themselves, transfer beneficial ownership of any digital asset to you. Beneficial ownership of any digital asset in any wallet associated with the Account remains with the Owner and, upon the Owner's death, passes solely pursuant to the Owner's valid will, trust, intestacy laws of the applicable jurisdiction, order of a probate court of competent jurisdiction, transfer-on-death designation where legally recognized, or other operation of law.

4.2 You hold in constructive trust. By accepting these Beneficiary Terms and, in particular, by initiating or completing a claim, you acknowledge and agree that any digital asset you access, hold, transfer, or otherwise control following a Trigger Event is held by you in constructive trust for the benefit of:

  • the Owner, if the Owner is living; or

  • the Owner's estate and the persons entitled thereto under applicable law, if the Owner is deceased.

4.3 Your affirmative obligations as constructive trustee. Without limiting any obligations under applicable law as a constructive trustee, you affirmatively agree to:

  • promptly return operational control of the wallet and all digital assets to the Owner if you learn at any time that the Owner is living. "Return" means transferring custody and control such that the Owner or the Owner's designee may operate the wallet free of your interference, and surrendering any Recovery Materials you obtained;

  • promptly notify the Owner's duly appointed executor, administrator, trustee, or other fiduciary (each, a "Fiduciary") of your access to the wallet and the digital assets, including providing reasonable information about balances and any transactions you have caused;

  • cooperate in good faith with any Fiduciary or with any court order, including by transferring digital assets to addresses designated by the Fiduciary or by the court;

  • maintain reasonable records of your activity with respect to the wallet from the date of the Trigger Event through the date you transfer the assets to the rightful owner;

  • refrain from using the digital assets for your own benefit until your ownership has been confirmed by the Owner's estate, by a Fiduciary, or by a court;

  • not destroy, conceal, or alienate the digital assets in a manner that would prejudice the rights of the Owner (if living), the estate, or any heir or other claimant;

  • account to the Owner, the estate, or any Fiduciary or court for all activity with respect to the wallet from the date of the Trigger Event; and

  • act with the standard of care of a constructive trustee under applicable state law.

4.4 Liability for breach. Failure to comply with the obligations in this Section 4 may result in your personal liability to the Owner, the estate, or any other person entitled to the digital assets, for causes of action including without limitation:

  • breach of constructive trust;

  • conversion;

  • unjust enrichment;

  • replevin;

  • tortious interference with property rights;

  • any applicable statutory cause of action; and

  • any criminal cause of action where applicable.

Tomorrow is not a party to any such cause of action and has no obligation or ability to enforce it.

4.5 Statute of limitations tolling. You agree that you will not assert, in any action by the Owner, the estate, or any other claimant against you for breach of constructive trust or related causes of action under this Section 4, the affirmative defense of statute of limitations to the extent that the cause of action arose before the rightful owner of the digital assets had a reasonable opportunity to discover your acts or omissions. This Section 4.5 does not waive any rights that, under applicable law, cannot be waived.

5. Post-Claim Operation of the Wallet

5.1 You have operational access; you are bound by the General Terms. Following a successful claim, you have operational access to the wallet equivalent to that of an Owner. Your operation of the wallet is governed by the General Terms (including without limitation provisions relating to self-custody, transactions, third-party services, AI Agents, and prohibited conduct), in addition to these Beneficiary Terms.

5.2 The constructive trust survives. Your operational access does not extinguish your constructive trust obligations under Section 4. You may exercise operational access only to the extent consistent with those obligations, including by holding the assets pending resolution and by cooperating with the Fiduciary or the court as appropriate.

5.3 No fiduciary duty from Tomorrow. Tomorrow does not become your fiduciary by reason of your claim. Tomorrow does not advise you on your obligations as constructive trustee, does not monitor your activity for compliance with those obligations, and is not liable for any breach by you. You should consult an attorney about your obligations.

6. The Owner May Be Living

6.1 False-positive triggers. A Trigger Event may fire while the Owner is living. The Digital Heartbeat may expire if the Owner missed reminders (whether due to lack of awareness of the schedule, travel, hospitalization, communication failure, email delivery failure, or other reasons). The Trusted Group attestation quorum may be reached based on false, mistaken, or fraudulent attestations. The Services do not verify whether any Trigger Event corresponds to an actual death.

6.2 Inquiry methods. As part of the due diligence obligation in Section 3.3, reasonable inquiry typically includes attempting to contact the Owner directly, contacting persons likely to know of the Owner's status, contacting the Owner's designated next-of-kin or counsel if known, and reviewing publicly available information (death notices, obituaries, court records) where appropriate.

6.3 What happens if the Owner returns. If, after you have initiated or completed a claim, you learn that the Owner is living, you must:

  • immediately cease all transactions from the wallet for your own benefit;

  • promptly notify Tomorrow at support@tomorrow.xyz;

  • promptly notify the Owner of your status and offer to return control of the wallet and all digital assets;

  • cooperate fully with the Owner and with Tomorrow to restore control to the Owner; and

  • account for any transactions you caused after the Trigger Event and before notice that the Owner was living.

6.4 Tomorrow's limited intervention. Tomorrow may, upon court order or other legal process as described in Section 9.9 of the General Terms, suspend your ability to authenticate to the Services and complete a claim through the in-application interface. Tomorrow has no ability to freeze, seize, or recover digital assets in the wallet itself; remedy in such cases is between you and the Owner (or the Owner's estate) directly.

7. Disputes with the Owner or the Estate

7.1 Tomorrow is not your advocate, your adversary, or your arbitrator. In any dispute between you and the Owner, the Owner's estate, any heir, executor, administrator, trustee, or other claimant relating to an Account, Tomorrow is not a party. Tomorrow is not your advocate. Tomorrow is not the other party's advocate. Tomorrow is not the arbitrator. Tomorrow has no obligation to investigate, decide, or take a position on any such dispute.

7.2 No indemnification by Tomorrow. Tomorrow has no obligation to indemnify you for any cost or liability you incur in any such dispute, regardless of whether the dispute was occasioned by a Trigger Event, a Beneficiary invitation, the operation of the Services, or otherwise.

7.3 Compliance with court orders. Tomorrow will comply with any subpoena, court order, or other lawful process to the extent required by applicable law. Tomorrow may, but is not required to, provide notice to you, the Owner, the estate, or any other party of any such process. Tomorrow may suspend your access to the Services on the terms set forth in Section 9.9 of the General Terms.

8. Information About the Owner

8.1 Limited information; act on the basis of facts known to you. Tomorrow does not, and cannot, provide you with information about the Owner's estate plan, the identity of other potential heirs, the Owner's ownership of other assets, the Owner's tax position, or any other matter not visible in the Services' user interface. The information available to you through the Services is limited to Account metadata, trigger status, balance and transaction history after the Trigger Event, and the Recovery Materials in your possession.

8.2 Tax implications. The Owner's death, the operation of the Trigger, your access to the wallet, your operation of the wallet, and any transfer of assets to the rightful owner may each have tax consequences for you, the Owner, or the Owner's estate. These may include income, capital gains, gift, or estate tax. You are solely responsible for understanding and complying with all such tax obligations and for consulting a qualified tax advisor.

9. Trusted Group Members Are Not Beneficiaries

If you are a Trusted Group Member (rather than the named Beneficiary) of an Account, these Beneficiary Terms do not apply to you in that capacity; the General Terms govern. A Trusted Group Member has no rights to operate the wallet at any time, has no claim of ownership or expectancy, and is responsible only for the limited attestation function described in Section 10.2 of the General Terms. Submission of a false attestation is itself a basis for civil liability as described in the General Terms.

10. Other Provisions

10.1 General Terms apply. All provisions of the General Terms (including without limitation Sections 19 [Disclaimers], 20 [Assumption of Risk], 21 [Indemnification], 22 [Limitation of Liability], 25 [Dispute Resolution; Arbitration; Class Action Waiver], 26 [Governing Law and Venue], 27 [International Use], 28 [Assignment], 29 [Entire Agreement], 30 [Severability and Waiver], and 31 [No Third-Party Beneficiaries; Independent Contractors]) apply to your use of the Services as a Beneficiary, are incorporated by reference, and govern your relationship with Tomorrow in the same manner as for an Owner.

10.2 Acknowledgments at claim. At the time you initiate a claim, the Services will present you with a renewed statement of the constructive trust acknowledgment in Section 4.2 and require you to affirmatively acknowledge it. That acknowledgment is in addition to your acceptance of these Beneficiary Terms generally; neither is sufficient by itself.

10.3 Modification. Tomorrow may modify these Beneficiary Terms as set forth in Section 2.2 of the General Terms.

10.4 Effect of termination. Termination of your Tomorrow account or of these Beneficiary Terms does not extinguish your constructive trust obligations under Section 4, which run with your status as a constructive trustee under applicable law and survive termination.

END OF BENEFICIARY TERMS OF SERVICE