NYLK terms of service

Definitions and interpretation

In these Terms of Service ("Terms"):

• "Agreement" means these Terms and any documents incorporated by reference.
• "Client", "you" means the person or entity engaging NYLK for Services.
• "Data" means personal information, documents, digital asset inventories or other information you provide to NYLK.
• "Digital Directive" means the encrypted inventory-and-instructions document NYLK builds and maintains with you.
• "Services" means NYLK's digital estate management services, as described on nylk.com.au and in your Service Agreement or Statement of Work ("SOW").
• "NYLK", "we", "us" means NYLK Pty Ltd (ABN 22 686 426 308), registered in Victoria, Australia.

The Services

NYLK provides digital estate management services, including:

• Guided discovery and cataloguing of digital assets across your accounts, devices, files and holdings.
• Creation and ongoing maintenance of your Digital Directive — your wishes, nominees and instructions in one encrypted document.
• Executor and legacy-contact nomination, and verified executor release when the time comes.
• Scheduled check-ins and reviews to keep your Directive current.
• Guidance and support on digital estate best practice and platform processes.

The scope for each Client is set out in the Service Agreement or SOW, which prevails over these Terms for service-specific matters. NYLK never stores your passwords, private keys or recovery phrases — we hold the map, not the keys. NYLK does not provide legal, tax or financial advice; your Directive complements, and does not replace, your will.

Eligibility and your account

You represent that you are at least 18 and have legal capacity; that you are authorised to act for your organisation (if applicable); that you have the right to provide the Data you submit; and that your use of the Services is lawful. You must keep your portal sign-in details confidential, keep your account information accurate, and tell us immediately about any unauthorised access.

Fees and payment

• Fees are set out in the current NYLK Fee Schedule and your Service Agreement or SOW. All prices are in Australian dollars and include GST.
• Year 1 (setup) fees are payable on execution; ongoing membership is billed annually in advance. Payment plans are available.
• Additional services and support hours are billed at the rates in the Fee Schedule.
• Invoices are due within 14 days. Late payment may lead to suspension of Services. Fees may increase with 30 days' written notice; a minimum two-year commitment applies to subscription plans as set out in your Service Agreement.

Refunds and cancellation

Our Refund & Cancellation Policy is incorporated by reference. In summary: a 14-day cooling-off period applies from initial purchase of setup services (where delivery has not commenced); annual membership fees are generally non-refundable except where a statutory right applies; eligible refunds are processed within 14 business days to the original payment method. Nothing in this clause limits your rights under the Australian Consumer Law.

Intellectual property

• Yours — you retain all rights in your Data and content. You grant NYLK a limited, non-exclusive licence to use it solely to perform the Services, including secure backups.
• Ours — NYLK's software, documentation, templates, processes and methodologies remain NYLK's property. You receive a limited, revocable, non-transferable licence to use them only as needed to receive the Services.

Privacy and data handling

Our collection, use and protection of personal information is governed by our Privacy Policy and Data Handling & Security Policy, incorporated by reference. We handle personal information in line with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and collect information about you and your nominees only as needed to provide the Services. Client data is hosted in Australia.

Confidentiality

Each party must keep the other's non-public information strictly confidential, use it only to perform this Agreement, restrict access to those who need it, and protect it with industry-standard security measures. Confidentiality does not apply to information that is public, rightfully received from a third party, independently developed, or legally required to be disclosed (with prompt notice where permitted).

Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law (Competition and Consumer Act 2010, Sch 2) that cannot lawfully be excluded. Where liability for breach of a non-excludable guarantee can be limited, it is limited to resupplying the services or paying the cost of resupply.

Limitation of liability

To the maximum extent permitted by law: NYLK is not liable for indirect, incidental, special or consequential loss (including lost profits or data loss); NYLK's total liability is limited to the fees you paid in the 12 months before the claim. These limits do not apply to liability that cannot be limited by law, death or personal injury, or fraud or wilful misconduct. You are responsible for maintaining your own independent backups of your Data.

Indemnity

You indemnify NYLK against claims, losses and costs (including reasonable legal fees) arising from your breach of this Agreement, unlawful use of the Services, IP-infringement claims about Data you provide, or your negligence or wilful misconduct. We will give you prompt notice and reasonable cooperation; you may not settle a claim on our behalf without our written consent.

Termination

Either party may terminate: for material breach uncured within 30 days of written notice; immediately on insolvency; or, for the Client, for convenience with 30 days' written notice once outstanding fees are paid. On termination, licences end, fees to the termination date remain payable, and NYLK handles your Data as set out in the Data Handling & Security Policy and your Service Agreement (including your right to a final encrypted export).

Data security

NYLK protects Data with industry-standard measures: encryption at rest and in transit, role-based least-privilege access, and logged, reviewable access events. No system is completely secure, and electronic transmission carries inherent risk; NYLK is not liable for unauthorised access unless caused by our negligence or wilful misconduct. If a data breach occurs we will notify you without unreasonable delay and cooperate fully with any investigation, in line with the Notifiable Data Breaches scheme.

Warranties and disclaimers

NYLK warrants the Services will be performed with due care and skill, in a professional manner. Subject to the consumer guarantees, the Services are otherwise provided "as is": we do not warrant they will be uninterrupted or error-free, or that any particular platform outcome will be achieved — decisions about deceased users' accounts ultimately rest with each platform.

Dispute resolution

The parties will first attempt good-faith negotiation, then mediation administered by the Resolution Institute, before litigation. This does not prevent either party seeking urgent injunctive relief.

General

• Force majeure — neither party is liable for failure caused by events beyond reasonable control (including natural disaster, government action, telecommunications failure or cyberattack); if performance is prevented for more than 60 days, either party may terminate on written notice.
• Entire agreement — these Terms plus your Service Agreement/SOW, Privacy Policy, Data Handling & Security Policy and Refund Policy are the entire agreement.
• Amendments — we may update these Terms; material changes are notified at least 30 days in advance, and continued use after notice is acceptance. If you do not agree, you may terminate under clause 12.
• Severability, assignment — invalid provisions are severed; neither party may assign without consent, except NYLK may assign to an affiliate or successor.

Governing law

These Terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the Victorian courts and their appellate courts.

Contact

Questions about these Terms: NYLK Pty Ltd · [email protected] · 1300 NYLKAU (1300 695 528) · nylk.com.au

Terms of use — website

Welcome to nylk.com.au. These terms govern use of our website and access to general information about NYLK. Lawful use only — you won't: access or attempt to access NYLK systems, accounts or data without authorisation; harass, abuse or defame; transmit malware or harmful code; or reverse-engineer NYLK services. Accuracy — we aim to keep content accurate and current, but make no warranties about completeness or currency. Liability — NYLK isn't liable for indirect, incidental or consequential damages from website use, to the maximum extent permitted by law; your Australian Consumer Law rights are unaffected. Indemnity — you indemnify NYLK against claims arising from your misuse of the site or breach of these terms.

Copyright notice

© 2026 NYLK Pty Ltd. All rights reserved. NYLK owns or licenses all content on nylk.com.au — text, graphics, logos, images, audio, downloads and software. Personal, non-commercial viewing and printing is welcome; reproduction, modification, republication or transmission without written permission is prohibited. Infringement claims: email [email protected] (subject "Copyright") with a description of the material, your contact details, and a good-faith statement that the use is unauthorised.

Trademark notice

NYLK, Your Legacy. Poured Forward., the NYLK drop logo and related marks are trademarks of NYLK Pty Ltd. Use requires express written permission. Third-party marks (Apple, Google, Microsoft and others) belong to their respective owners.

External links disclaimer

nylk.com.au may link to external websites we don't control. We don't endorse or guarantee their content, accuracy, availability, privacy practices or safety; accessing them is at your own risk. Concerns about a link? Tell us.

Accessibility statement

NYLK is committed to making nylk.com.au accessible to all users, including people with disabilities, aiming for WCAG 2.1 Level AA. Features: readable, high-contrast type · alt text · keyboard navigation · screen-reader compatibility · mobile-responsive layouts · clear navigation. We test and improve continually. Report barriers: [email protected] (subject "Accessibility") with the barrier, the affected page, and your browser/assistive technology — we investigate and respond within 5 business days.

General website policy

Changes — we may modify the website and these notices; changes take effect on posting, and material changes are flagged on this page. Severability — unenforceable parts don't affect the rest. Governing law — Victoria, Australia; exclusive jurisdiction of Victorian courts. Legal questions: [email protected] (subject "Legal").

Last updated: 2 July 2026.