Terms of Service.

1.Modification of the Services and Terms of Use

We reserve the right to add, remove, modify, discontinue or otherwise change our website (the "Site") or Services or to modify these Terms, at any time and without prior notice or with such notice as required by applicable law. If we modify these Terms, we will post the modification on the Site. The date of most recent revision shall be noted at the beginning of these Terms.

Changes are effective when such changes, modifications, additions or deletions are posted to the Site. It is your sole responsibility to periodically review the Terms as posted on the Site. Your continued use of or access to the Site following the posting of any changes constitutes your acceptance of those changes.

YOU AGREE THAT BY USING THE SERVICES YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR PROVINCE OR TERRITORY OF RESIDENCE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

2.We Are Not a Law Firm and Do Not Provide Legal Advice

We offer an online will service called iFinallyWill through the website located at ifinallywill.com (the "Site"). iFinallyWill is not a law firm. The information we provide is for your own private use and does not constitute formal legal advice in any circumstance. Legal advice can only be provided by a qualified lawyer licensed to practice law in your jurisdiction.

Our basic service (the "Basic Service") allows the End User to create a will online using self-service "fill in the blank" forms and Power of Attorney documents online (the "Materials"). If your matter is too complex to be addressed by our Services, you may need to consult a licensed lawyer to receive legal advice and you should not use our Services.

We may also provide additional services that you may elect to purchase, such as a subscription to store and make changes to your Materials or a premium subscription with access to additional features (the "Optional Services"). The Basic Service and any Optional Services are referred to collectively as the "Service" or the "Services".

We provide online tools to assist you with the preparation, execution and storage of your Materials and related information. We strive to keep our tools current and up-to-date; however due to rapidly changing laws, our tools are not guaranteed to be correct, complete or up-to-date and may be subject to interpretation by different courts.

3.Payment for Service

Fees for the Basic Service, in the amount as stated on the Site and any applicable taxes (hereinafter referred to as "Basic Service Fees"), will be processed at the time you check out. Once payment is processed, you will be able to view, download or email the Materials. We may change the Basic Service Fees at any time and from time to time without prior notice or with such notice as required by applicable law.

Payment processing services for the Basic Service are provided by Stripe and are subject to the Stripe Services Agreement. By agreeing to these terms or continuing to operate as a customer on iFinallyWill, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time.

After the 60-day refund window has closed, or once your documents have been finalized and downloaded, all sales are final. We do not provide partial refunds or credits for completed services. We reserve the right to revoke access to the platform if a refund is issued.

4.Keeping Your Data Current

Notifications to the End User will be emailed to the email address you provide to us. We will use the most recent data that you provide to us. Failure to update contact details may result in inability to effectively notify Users or may result in sending notifications to an out-of-date party.

5.Liability

(a) We shall not be liable to you, or any third party, for any losses, damages, charges or costs arising from (i) any input errors caused by you; (ii) omissions in the data you provide us; or (iii) content you publish to the Site.

(b) To the fullest extent permitted under applicable law, under no circumstance will we be liable to you, or any third party, for (i) direct damages in an amount that exceeds the total amount previously paid by you to us in the 12-month period preceding the event from which the liability arose; and (ii) any indirect, special, incidental, consequential, punitive or exemplary damages whether based in contract, tort, negligence or any other legal basis, arising out of or in connection with the Site or Services.

(c) Subject to the limitations and exclusions of liability above, in the event of a data breach of our systems arising from our negligent act or omission in which your personal information has been disclosed to a third party, we will provide you with reasonable identity theft protection services on terms and conditions determined by us in our sole discretion.

6.Intellectual Property Rights

The Site, Services and Materials, including all content, is the exclusive property of iFinallyWill Inc. and is protected by Canadian and worldwide copyright and trademark laws. iFinallyWill retains all rights in the Services, including, without limitation, software, images, texts, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music or any user content.

By using the Site and Services, you agree to comply with copyright and trademark laws worldwide. You may not modify the content, or reproduce, display, distribute, lease, sell, create derivative works based on all or any part of the Service or any materials made available through the Service.

7.Grant of Limited License

Subject to your compliance with these Terms, iFinallyWill grants you a limited, revocable, non-exclusive and non-transferable license to (a) keep for your own personal use electronic or physical copies of the documents you create from your use of the Services such as wills and powers of attorney (collectively, the "Materials"); and (b) use the Services as designed and as set forth in these Terms. We reserve all rights not expressly granted herein in the Services and the Materials.

You agree that you will not download, view, copy, print, or replicate any Materials other than for signing and witnessing the Materials. This permission terminates automatically without notice if you breach any of these Terms.

8.Protection of Site

You may not use the Site in any manner that could damage, disable, overburden or impair it or its application in any way. You may not upload, post or otherwise transmit any materials on this Website that would negatively impact the functioning of this Website, including but not limited to, computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs.

To the fullest extent permitted by applicable law, should We deem you, in our sole discretion, to be in breach of this section, We will terminate your use of the Service indefinitely, with no financial liability or recourse to you.

9.Registration and Password

When you create an account with iFinallyWill, your email address and other personal information is required upon your registration. The information you input must be your own and you may not use another person's personal information to access the Service.

When you create an account with iFinallyWill, you are required to provide a password. You may not share your password with any third party for any unauthorized or unlawful purpose or use. You agree to immediately notify us of any unauthorized uses made on your iFinallyWill account. We bear no responsibility or liability whatsoever, for any harm or injury that may arise from a third party gaining access to your password, for any reason.

10.Physical Device Security

Your iFinallyWill account may be accessed via the Site, through a desktop, a smartphone or tablet (your "Device"). You are solely responsible for safeguarding your Device and any access to that Device. The responsibility to keep your account secure from unwanted individuals rests solely with you. We assume no responsibility or liability for any account access through any unauthorized access through a Device.

11.Privacy

Personal information that we collect in connection with your use of the Service will be handled in accordance with our Privacy Policy. If you have any questions about our Privacy Policy, you may contact us at support@ifinallywill.com.

By subscribing to the Service, the End User acknowledges and consents to us using the information collected from the End User in accordance with the Privacy Policy.

12.Limitations on Use

You agree and acknowledge that you will use the Service only for its stated purposes and in a lawful manner. You agree that you will not use iFinallyWill in any manner whatsoever, or for any purpose whatsoever, that is harmful to you or to others, or which could be construed as harassment, intimidation or a violation of the privacy rights of others.

13.Links to Third-Party Sites

The Site may contain links to third-party resources and businesses on the Internet, called here "links" or "Linked Sites." Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. We do not sponsor and are not legally associated with any third-party "linked sites."

We do not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. We are not responsible for webcasting or for any other form of transmission received from any Linked Site.

14.No Warranties

You specifically acknowledge and agree that your use of the Service is at your own risk and that the Site and the Service are provided on an "as is", "as available" and "with all faults" basis. iFinallyWill Inc., its officers, directors, employees, and agents disclaim to the maximum extent permitted by applicable law all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

No oral or written information or advice provided by iFinallyWill, its officers, directors, employees, or agents will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to the Site or the Service, and users should not rely on any such information or advice.

15.Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the province in which you reside and the federal laws of Canada applicable therein. In the event of a dispute, you agree that the courts in the province where you reside are competent to hear such dispute and you agree to be bound by any judgment of that court.

16.General

These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and iFinallyWill.

Neither iFinallyWill nor you shall be liable to the other for any failure to perform any of its or your obligations under these Terms during any period in which such performance is delayed by circumstances beyond its or your reasonable control, such as fire, flood, war, embargo, strike, epidemic, pandemic, riot, terrorism, or the intervention of any governmental authority (a "Force Majeure").

If any provision herein is held to be invalid or unenforceable to any extent, then such provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent.

All provisions contained within these Terms shall constitute the entire agreement. No provision shall be removed without the prior written consent from iFinallyWill Inc.