Florida Statute 740.004
“Terms-of-service agreement preserved”
What it means
Chapter 740 moves paperwork without rewriting contracts, and §740.004 states the three limits. The chapter does not change or impair a custodian's or user's rights under the terms-of-service agreement. It gives a fiduciary or designated recipient no new or expanded rights other than those held by the user. And a fiduciary's access may be modified or eliminated by the user, by federal law, or by the terms of service when the user gave no direction under §740.003.
The second limit does the most work: whatever the user could not do — transfer a nontransferable license, assign an account the contract ends at death — the fiduciary cannot do either.
- The chapter does not change or impair rights under a terms-of-service agreement (§740.004(1)).
- A fiduciary or designated recipient receives no new or expanded rights beyond those held by the user (§740.004(2)).
- Access may be modified or eliminated by the user, by federal law, or by the terms of service — if the user gave no §740.003 direction (§740.004(3)).
- A direction under §740.003 is what keeps the terms of service from controlling; silence leaves the contract in charge.
How it plays out
Section 740.004(2) settles the questions families ask most: the iTunes movies, the Steam library, the airline miles. Those are licenses the user held on the platform's terms, and the fiduciary inherits exactly the same rights — usually nontransferable. It also frames the cryptocurrency answer we give: Chapter 740 compels custodians, a self-custodied wallet has no custodian, and no statute produces a missing key.
Where this shows up
Pages on this site where § 740.004 does real work:
Questions people ask
