Last Updated: February 11, 2025
IMPORTANT: THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. BY USING THE BETTERESTATE SERVICES, YOU AGREE TO THESE PROVISIONS (SEE DISPUTE RESOLUTION BELOW).
Welcome to BetterEstate!
These Terms of Service (“Terms”) govern your use of BetterEstate’s websites, mobile applications, and related services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services.
These Terms constitute a legal agreement between you and Cyver Technologies Inc. (“BetterEstate,” “we,” “us,” or “our”). They explain your rights and responsibilities when using our Services, including important disclaimers and limitations of liability.
BetterEstate is not a law firm and does not provide legal advice. Our Services offer self-help tools and informational resources for estate planning, but they are not a substitute for professional legal advice. Using our Services does not create an attorney-client relationship between you and BetterEstate. If you need legal, financial, or tax advice, we recommend consulting a qualified professional.
Your use of the Services is also subject to our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Services, you acknowledge that you have read and understand both these Terms and our Privacy Policy.
If you have any questions about these Terms, please contact us at admin@betterestate.co.
Acceptance of Terms
By accessing or using BetterEstate’s website and services, you acknowledge that you have read, understand, and agree to be bound by these Terms of Service (“Terms”). If you do not agree to any part of these Terms, do not use the BetterEstate website or services.
- Eligibility: You represent that you are at least 18 years old and legally capable of entering into a binding contract to use BetterEstate. If you are using BetterEstate on behalf of a company or other entity, you also represent that you have the authority to bind that entity to these Terms, and in that case “you” shall refer to the entity as well.
- Privacy Policy and Additional Terms: Your use of BetterEstate is also subject to our Privacy Policy and any other applicable terms for specific services. By using our Services, you confirm that you have read and agree to those additional policies in addition to these Terms.
- Changes to Terms: BetterEstate may modify or update these Terms from time to time. If we make material changes, we will provide notice (for example, by posting the updated Terms on our site or via email). Continued use of the Services after any such update constitutes your agreement to the new Terms. If you do not accept the revised Terms, you should stop using the Services.
Description of Services
BetterEstate provides an online platform and tools to help users prepare and manage their own estate planning documents (for example, wills, trusts, powers of attorney, and related documents) through a self-guided process. These offerings, along with our website and any related software, content, or support, are collectively referred to as the “Services.”
- Site and Services: “Site” refers to any websites, mobile applications, or online platforms provided by BetterEstate. “Services” refers to the Site and all services, features, self-help documents, forms, and templates made available by BetterEstate.
- Definitions: “BetterEstate,” “we,” or “us” refers to BetterEstate, Inc., the owner and operator of the BetterEstate platform (including betterestate.co), and our affiliates and representatives. “User,” “you,” or “your” refers to each person who accesses or uses the Services, whether as an individual or on behalf of an organization.
- Service Coverage: BetterEstate’s Services are intended for use by individuals in the United States, and documents provided are designed to comply with U.S. estate planning laws. We make no representation that the Services are appropriate or available in other jurisdictions, and those who access the Services from other locations do so at their own risk and are responsible for compliance with local laws.
The Services include online tools, questionnaires, and templates that assist you in drafting your own legal documents and related information. While we strive to keep our forms and content up-to-date and accurate, the Services (including any templates or information) are provided as self-help aids and may not be appropriate for every situation.
No Legal Advice or Attorney-Client Relationship
BetterEstate is not a law firm, and our Services do not constitute legal advice. The Services are provided for self-help document preparation and informational purposes only. Using BetterEstate does not create an attorney-client relationship between you and BetterEstate or any of its agents, and communications with BetterEstate are not protected by attorney-client privilege. By using our Services, you acknowledge and agree to the following:
- Not a Law Firm: BetterEstate is not a law firm and no attorney-client relationship is formed by your use of the Services. We do not review your answers or documents for legal accuracy, draw legal conclusions, or apply the law to your specific situation. All information and materials provided by BetterEstate are general in nature and for self-help purposes. They are not a substitute for the advice of a licensed attorney tailored to your circumstances. If you need legal advice for a complex or specific matter, or if your situation falls outside a basic estate plan, you should consult a qualified attorney.
- No Legal Advice: Nothing on the BetterEstate platform, including any customer support communications, constitutes legal, tax, or financial advice. Any guidance provided (such as help text or FAQs) is for general educational purposes only and should not be relied upon as professional advice. You are responsible for interpreting and using the information and tools on our Site appropriately for your own situation.
- Self-Help Service: BetterEstate provides automated document generation based on the information you provide. The documents and forms are intended for your personal use as self-help legal tools. Because laws and requirements can vary and change over time, we do not guarantee that any document is suitable, sufficient, or up-to-date for your particular needs. You are and will be representing yourself in any legal matter arising from your use of our Services.
- No Attorney-Client Privilege: Communications between you and BetterEstate are not protected by attorney-client privilege or work-product doctrine. While our Privacy Policy protects your personal information, any information you provide to BetterEstate is not subject to legal confidentiality rules that apply to attorney communications.
- User Responsibility for Final Documents: BetterEstate may provide tools (such as error checks) to review your inputs, but these are limited checks (for example, for completeness or consistency) and are not comprehensive legal reviews. You agree to carefully review any final document generated through the Services before signing or using it, and you are solely responsible for the content and legality of the final document(s). If you believe that BetterEstate has provided any advice or representation (which we do not), you should not proceed to use the documents and should seek advice from a licensed attorney.
User Responsibilities
When using BetterEstate, you agree to comply with the following responsibilities and obligations to ensure a safe, lawful, and effective experience for everyone:
- Provide Accurate Information: You agree to provide true, accurate, current, and complete information about yourself (and, if applicable, your spouse/partner) when using the Services. The information you input will be used to generate legal documents, so you are responsible for verifying its accuracy. To the best of your knowledge, all information and content you provide pertains to you or those you are legally authorized to represent and does not misrepresent any facts.
- Personal Use Only: BetterEstate’s Services are intended for your personal estate planning use (and, if explicitly allowed, for joint use with a spouse/partner). You may only create an account and documents for yourself (or yourself and your spouse/partner), and not for other individuals, unless you have a legal authorization to do so. Any unauthorized use of the Services to create documents for third parties is prohibited. (For example, do not use the platform to create a will for a friend or client as this could undermine its legal enforceability.)
– No Competitor Access: You may not access or use the Services if you are a direct competitor of BetterEstate, except with BetterEstate’s prior written consent. You may also not access the Services for purposes of monitoring their availability, performance, or functionality, or for any benchmarking, research, or competitive analysis.
- Account Security: When you register an account with BetterEstate, you will choose a password or other secure authentication method. You are entirely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must use a strong, unique password and keep it secure. Do not share your account with others or use another person’s account without permission. Notify us immediately if you suspect any unauthorized access to your account. BetterEstate is not liable for losses caused by unauthorized use of your account, and you may be held responsible for losses incurred by us or others due to such unauthorized use.
- Lawful and Appropriate Use: You agree to use the Services only for lawful purposes and in compliance with these Terms. You must not upload, post, or transmit any content that: (i) is illegal, fraudulent, or facilitates any illegal activity; (ii) is defamatory, threatening, harassing, or invasive of another’s privacy; (iii) is obscene, pornographic, or otherwise objectionable; (iv) infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party; or (v) violates any other person’s rights or could give rise to civil or criminal liability. This includes (but is not limited to) content that is offensive or harmful (such as hate speech or content exploiting minors), or any content that you do not have the legal right to use or disclose.
- No Interference or Misuse: You agree not to engage in any conduct that could harm the Services or interfere with other users’ use of BetterEstate. For example, you will not attempt to hack, disable, or impair the functioning of our website or any related system; you will not use any scraper, robot, or other automated means to access the Services in a manner that sends more requests than a human can reasonably produce (except as allowed by our API, if any); and you will not attempt to circumvent any security or authentication measures. You also agree not to use the Services to transmit viruses, malware, or any other malicious code. Any unauthorized access to or use of the Services or our networks (for example, attempting to gain access to other users’ data, or to our backend systems) is strictly prohibited and may result in termination of your access and possible legal action.
- User Content and Data: In the process of using BetterEstate, you will provide information and content (for instance, answers to questions, names of your beneficiaries, uploaded files, etc.) to generate your documents. You retain ownership of the content and data you provide (“User Content”) for your estate plan. We do not claim ownership over your personal documents or the information you input. However, by using the Services, you grant BetterEstate a limited license to use, reproduce, and process your User Content solely for the purposes of providing and improving the Services (for example, to generate your documents, store them for your access, or make backups), subject to our Privacy Policy. You can remove or download your User Content from BetterEstate, but note that removal may not automatically delete all residual copies (e.g., backups) and may not affect documents or information already provided to third parties.
- Compliance with Content Guidelines: You are responsible for all content that you upload or store on BetterEstate. You agree that your content will not violate any law or any person’s rights (including intellectual property rights and privacy rights). BetterEstate reserves the right (but has no obligation) to review, re-categorize, or remove any user-uploaded content that, in our sole discretion, violates these Terms or applicable law. However, we do not pre-screen content, and you acknowledge that you may be exposed to content from others that you find objectionable or improper. We expect users to adhere to these standards and rely on you to report any misuse.
- Document Execution and Storage: BetterEstate may provide instructions for executing (signing, witnessing, notarizing) your documents according to legal requirements. Following those instructions is your responsibility. We are not responsible if a document is invalid or unenforceable because you failed to execute or store it properly. You should keep your executed documents safe and up-to-date. BetterEstate is not obligated to maintain copies of your finalized documents, so be sure to save and back up important files.
- Ongoing Responsibilities: Laws and personal circumstances change. After you create documents with BetterEstate, you are responsible for revisiting and updating them as needed (for example, if you move to a different state or if your family situation changes). BetterEstate may notify you of general updates or offer opportunities to review your plan, but the responsibility for keeping your estate plan current is yours.
By using BetterEstate, you agree that any violation of the above responsibilities constitutes a material breach of these Terms. BetterEstate may take appropriate action, including suspension or termination of your account, if you do not comply with these requirements.
Intellectual Property Rights
The BetterEstate Services, including all content, software, text, graphics, logos, and design elements provided by BetterEstate, are protected by intellectual property laws. Unless expressly stated, all such materials are the property of BetterEstate or our licensors.
- BetterEstate Content: We retain all rights, title, and interest in and to the Services and all content provided through the Services (except for your own User Content). This includes our trademarks, logos, trade dress, software code, and the compilation of content on our site. You are granted a limited, revocable license to access and use the BetterEstate Services and materials for your personal, non-commercial use only, and only as permitted under these Terms. You must not copy, distribute, modify, publicly display, create derivative works from, or otherwise exploit any of the BetterEstate site content or software except as expressly allowed by these Terms or with our prior written consent. Any unauthorized use of BetterEstate’s intellectual property is strictly prohibited and may result in suspension of access and legal action.
- Your Content: You retain ownership of all User Content you create or upload through the Services (such as the information you input to generate documents, and the resulting documents themselves). BetterEstate does not take ownership of your personal legal documents. By using our platform to create or store documents, you give BetterEstate and our service providers the permission to use, reproduce, and display your User Content only as necessary to provide the Services (for example, to format your answers into a legal document, to save your documents in your account, or to troubleshoot issues you report). We will not use your private documents or personal information for other purposes without your consent, except as described in our Privacy Policy. You also agree that BetterEstate may anonymize or aggregate your data (so it no longer identifies you) and use it to improve our services or for analytical purposes.
- Feedback and Suggestions: If you submit feedback, ideas, or suggestions to us about our Services (“Feedback”), you agree that such Feedback is given voluntarily. We are free to use, disclose, and implement any Feedback you provide without any restriction or compensation to you. For example, if you suggest a new feature and we develop it, we will own that development and will not owe you royalties or attribution.
- Third-Party Content: Any third-party content, libraries, or open-source software included in the Services are the property of their respective owners and may be subject to additional licenses. Inclusion of any third-party links or content in our Services does not imply endorsement by BetterEstate. You agree not to infringe or misappropriate the intellectual property rights of BetterEstate or any third party while using the Services. BetterEstate may terminate accounts of users who are found to repeatedly infringe intellectual property rights.
Indemnification
You agree to defend, indemnify, and hold harmless BetterEstate and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) that arise out of or relate to: (i) your use of the Services or any content generated through the Services; (ii) your violation of these Terms of Service; (iii) your violation of any law or regulation, or of any rights of a third party (such as intellectual property or privacy rights); or (iv) any content or data you provide to the Services, including any claims that such content caused damage to a third party.
This means that if a third party sues or sends a demand to BetterEstate because of something you did (for example, using someone else’s copyrighted material in a document or misusing the Services in violation of these Terms), you will cover any costs or damages (including legal fees) that BetterEstate incurs as a result. We will notify you of any such claim and may require you to assist in the defense. Your indemnification obligations will survive any termination of your relationship with BetterEstate or use of the Services.
Disclaimer of Warranties
BetterEstate strives to provide a helpful and reliable service, but we cannot guarantee that our Services will be perfect for your needs or that they will be error-free. Your use of the Services is at your own risk. To the fullest extent permitted by law, BetterEstate disclaims all warranties and conditions, whether express, implied, or statutory, regarding the Services. In particular:
- “AS IS” and “AS AVAILABLE”: The Services are provided “as is” and “as available” without any warranty of any kind. We make no guarantee that the Services will meet your requirements or expectations.
- No Implied Warranties: We expressly disclaim all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the content on the Site is correct, complete, or up-to-date, nor that any legal document generated by our Services will be valid or suitable in every jurisdiction or circumstance.
- Functionality and Availability: BetterEstate does not warrant that the Services will be uninterrupted, timely, secure, or error-free. While we aim for high availability, we do not guarantee that our website or software will always function without disruptions, delays, or imperfections. Any scheduled downtime or maintenance will be communicated when possible, but emergency outages may occur.
- Accuracy of Information: Any information, articles, or resources provided by BetterEstate are for general informational purposes. We do not guarantee the accuracy or reliability of any information obtained through the Services. Legal requirements can vary by location and change over time; we do not promise that all content is accurate, complete, or current. You should verify critical information, and consult a professional if you need assurances.
- No Legal Advice Warranty: As noted, we are not lawyers and we provide no warranty that your use of the Services will result in any particular legal outcome. No advice or information (oral or written) obtained from BetterEstate or through the Services creates any warranty not expressly stated in these Terms.Security and Viruses: BetterEstate takes security seriously, but we do not warrant that the Services will be free of viruses, malware, or other harmful components. Any content downloaded or otherwise obtained through the use of our Services is done at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data that results from the download or use of any material via the Services.
- Third-Party Offers: BetterEstate does not endorse or assume responsibility for any third-party products, services, or information that may be advertised or linked through our Services. If you engage with third-party offerings (such as by clicking an external link or using a referred attorney or service), you do so at your own risk and subject to those third parties’ terms and privacy policies.Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such cases, the disclaimers will apply to the greatest extent permitted by law.
Limitation of Liability
To the extent permitted by law, BetterEstate’s liability to you is limited. By using the Services, you agree that BetterEstate will not be responsible for any losses or damages except as expressly set forth in this section:
- No Indirect or Consequential Damages: In no event shall BetterEstate or its affiliates, officers, employees, agents, or licensors be liable to you for any indirect, incidental, special, consequential, or punitive damages. This includes, without limitation, damages for lost profits or revenues, loss of data, loss of goodwill, the cost of substitute services, or other intangible losses arising out of or related to your use of (or inability to use) the Services. We understand that this limitation may be significant, but it is an essential part of the agreement that allows us to offer these Services.
- No Liability for Certain Risks: BetterEstate is not responsible for any harm resulting from events beyond our direct control. This includes, for example:
- Security Breaches: We are not liable for any damage or loss resulting from hacking, tampering, or other unauthorized access to or use of the Services or your account or information. We employ security measures, but no platform is completely secure. You assume the risk of any such breaches.
- System Failures: We are not liable for losses caused by bugs, viruses, Trojan horses, or other malicious code that might be transmitted through our Services by third parties.
- Third-Party Content and Conduct: We assume no liability for any errors or omissions in content on the Services, or for any content posted, emailed, or otherwise made available by users or third parties. This means if another user or a third party provides information or uploads materials through BetterEstate, we are not responsible for any issues that content may cause. Similarly, if someone engages in offensive, illegal, or defamatory conduct on the platform, BetterEstate is not liable for their actions (though we encourage you to report any abuse).
- Downtime or Errors: We are not responsible for interruptions in service or transmission, or any errors or delays in functionality. We strive to keep the Services available, but many factors (including internet issues or third-party services) can affect your experience.
- Cap on Liability: In any case, the total aggregate liability of BetterEstate to you for any and all claims arising out of your use of the Services or these Terms will not exceed the amount (if any) you have paid to BetterEstate for the Service in the 12 months immediately preceding the event giving rise to the liability. If you have not paid BetterEstate any fees (for example, if you are using a free service), BetterEstate shall have no liability to you for damages, except as required by law.
- Scope of Limitation: The limitations of liability in this section apply regardless of the legal theory under which liability is asserted (whether in contract, tort, negligence, strict liability, or any other theory) and even if we have been advised of the possibility of such damages in advance. They also apply even if any limited remedy fails of its essential purpose.
- Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you to the extent disallowed by applicable law. In such jurisdictions, our liability will be limited to the maximum extent permitted by law. Nothing in these Terms is intended to exclude or limit liability that cannot be limited by law (for example, certain statutory liabilities or liabilities for willful misconduct may not be limitable).
By using the Services, you understand and agree that these liability limitations are a fair allocation of risk and an essential part of the bargain between you and BetterEstate. Without these limitations, the pricing and availability of the Services would be different.
Dispute Resolution
Please read this section carefully, as it significantly affects your legal rights. By agreeing to these Terms, you and BetterEstate both agree to resolve any disputes through binding arbitration (with few exceptions) and waive the right to a trial by jury or to participate in a class action to the fullest extent permitted by law.
In the event of any dispute, claim, or controversy between you and BetterEstate arising out of or relating to your use of the Services or these Terms (a “Dispute”), the following process shall apply:
1. Informal Resolution: You and BetterEstate agree to try to resolve any Dispute informally first. If a Dispute arises, the concerned party must send a written notice to the other party describing the nature of the dispute and the desired resolution. If you have a dispute with BetterEstate, you should send a notice to our legal contact address (e.g., an email to our support/legal team or a physical letter to our company address). Likewise, if we have a dispute with you, we will send notice to the email or mailing address we have on file for you. Both parties agree to negotiate in good faith to resolve the issue informally. After notice is received by the other party, the parties will wait at least 60 days and attempt to resolve the dispute through dialogue or negotiation. Only if the dispute is not resolved through informal means within that 60-day period may either party proceed to the next step (arbitration). This informal dispute resolution process is mandatory – neither party can start arbitration or litigation until this 60-day period has passed, except in the limited circumstances described below.
2. Binding Arbitration: If we cannot resolve a Dispute informally, you and BetterEstate agree to resolve it through final and binding arbitration, not in court. The arbitration will be conducted on an individual, confidential basis by a neutral arbitrator, in accordance with the rules of a recognized arbitration organization (such as the American Arbitration Association) or another mutually agreed arbitration provider. Arbitration is a process where a neutral arbitrator (not a judge or jury) decides the dispute after hearing from both sides. No judge or jury will be involved, and the scope of discovery (e.g., obtaining evidence) may be more limited than in court. The arbitrator’s decision will be written and binding, and the arbitrator has the same authority to award relief (including monetary, injunctive, and declaratory relief) as a court would, but only to the extent necessary to resolve your individual claim. The arbitrator’s award can be confirmed in any court of competent jurisdiction. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and is therefore governed by the Federal Arbitration Act (FAA) and not by state arbitration laws. Any dispute about the enforceability or scope of this arbitration clause (for example, whether it applies to a certain claim) shall be decided by the arbitrator.
3. Class Action Waiver: You and BetterEstate agree that all Disputes will be resolved only on an individual basis, and not on a class, collective, or representative action basis. This means you cannot bring a claim as a plaintiff or class member in a class, consolidated, or representative action, whether in arbitration or in court. The arbitrator may not consolidate or join the claims of multiple parties and may not otherwise preside over any form of a representative or class proceeding. Each dispute must be arbitrated separately. If this class action waiver is found to be unenforceable or unlawful, then the entirety of the agreement to arbitrate in this Dispute Resolution section shall be null and void, and the dispute must be heard by a court (not arbitrated). However, the parties agree that the class action waiver shall be severable from the rest of this section if possible, to give effect to the parties’ intention to arbitrate their disputes on an individual basis.
4. Opt-Out Right: You have the right to opt out of the binding arbitration and class action waiver provisions within this Dispute Resolution section. If you do not wish to be bound by arbitration, you must notify BetterEstate in writing within 30 days of first accepting these Terms. The opt-out notice must be sent to BetterEstate’s legal contact (for example, to a designated email address or mailing address provided in these Terms or on our website) and include your name, your account email (if applicable), and a clear statement that you wish to opt out of the arbitration agreement. If you opt out of arbitration, the class action waiver above will not apply to you either. Opting out of this arbitration agreement will not affect any other provisions of these Terms, including any other arbitration agreements you may have entered into with us (if any) or any agreements you may enter in the future. If you do not opt out within 30 days of first agreeing to these Terms, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute in court (subject to the exceptions in this section).
Exceptions: Notwithstanding the foregoing, either party may choose to bring an individual action in small claims court if the claim is within that court’s jurisdiction and proceeds only on an individual (non-class) basis. Additionally, either party may seek injunctive relief in a court of proper jurisdiction for matters involving intellectual property rights or unauthorized access to the Services. Such requests for preliminary relief will not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.
If for any reason a Dispute proceeds in court rather than arbitration, you and BetterEstate waive any right to a jury trial to the fullest extent permitted by law.This Dispute Resolution section shall survive any termination of your use of the Services or these Terms.
Governing Law
These Terms, and any dispute arising out of or related to them or the Services, shall be governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without regard to its conflict of laws principles. You and BetterEstate agree that Delaware has a substantial interest in the application of its law in interpreting these Terms, as BetterEstate is a Delaware corporation.
Subject to the Dispute Resolution section above (which may require arbitration), any legal action or proceeding permitted to proceed in court shall be brought exclusively in the state or federal courts located within the State of Delaware. Both you and BetterEstate consent to the personal jurisdiction of these Delaware courts for the purpose of litigating any such claim or dispute, and you waive any objections to such jurisdiction or venue (including objections based on inconvenience of the forum).
For clarity, if the arbitration agreement is found not to apply to a particular dispute, or if a dispute is allowed to be brought in court (for example, if you timely opt out of arbitration or are pursuing an intellectual property injunction as allowed above), then the dispute shall be resolved exclusively in the courts of Delaware, under Delaware law.Furthermore, the parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any transactions between you and BetterEstate.
Termination and Suspension
BetterEstate’s Right to Terminate or Suspend: BetterEstate reserves the right to suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. We may do so for any reason, including, for example, if we believe in our sole discretion that you have violated these Terms or any applicable law, or if you engage in conduct that we determine to be harmful to other users, to BetterEstate, or to third parties. We may also suspend or delete accounts that are inactive for an extended period or in other cases as determined by us in our sole discretion. In some cases, we might provide a warning or ask you to correct an issue before termination, but we are not obligated to do so.
- User Voluntary Termination: You are free to stop using BetterEstate at any time. You may delete your account (if such feature is available) or request account deletion through customer support. Keep in mind that certain provisions of these Terms will survive even after your account is closed or you stop using the Services (see “Survival” below). Also, BetterEstate may retain certain information as required by law or as necessary for our legitimate business purposes consistent with our Privacy Policy.
- Effect of Termination: Upon termination of your account or access, your right to use the Services will immediately cease. You must immediately cease all use of the Services, and you must not attempt to access the Services after termination. If we terminate or suspend your account, we may block your email, IP address, or other means of accessing the Services. Additionally, upon any termination, you agree to destroy any downloaded or printed materials from our Services that are in your possession or control. Any licenses or rights granted to you under these Terms will end at termination.
- No Refunds on Termination: If your access is terminated or suspended due to your breach of these Terms or misconduct, you will not be entitled to any refund or credit for any fees or subscriptions you have paid. For example, if you paid for an annual plan and we terminate your account for violating the Terms, you will forfeit the remaining paid period without refund (except where prohibited by law). If we terminate your account without cause (not due to your breach), and you have a paid subscription, we may provide a pro rata refund for the unused portion of your subscription, but we are not obligated to do so except where required by law. All decisions regarding refunds are at our sole discretion, consistent with applicable laws and any stated refund policies.
- Survival of Terms: Even after your account is terminated or you stop using the Services, certain provisions of these Terms will remain in effect. All provisions that by their nature should survive termination shall survive, including (but not limited to) ownership provisions, indemnification obligations, warranty disclaimers, limitations of liability, dispute resolution agreements, and general provisions. You continue to be bound by these Terms to the extent they survive termination of your use of the Services.
- Termination for IP Infringement: BetterEstate reserves the right to limit or terminate the accounts of users who are found to be repeat infringers of intellectual property rights. If we receive valid and repeated notices that a user has posted or used copyrighted or other protected material without authorization, we may suspend or terminate that user’s access in accordance with the Digital Millennium Copyright Act (DMCA) or other applicable laws.
Termination of your account or access to the Services is in addition to, and not in lieu of, any other legal or equitable remedies available to BetterEstate.
Miscellaneous Provisions
- Entire Agreement: These Terms of Service (along with any additional terms, policies, and agreements expressly referenced herein, such as our Privacy Policy) constitute the entire agreement between you and BetterEstate regarding the Services. They supersede all prior and contemporaneous understandings, agreements, representations, or warranties (whether oral or written) regarding the Services.
- Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified so as to best accomplish its intended purpose to the fullest extent permitted by law, and the remaining provisions of these Terms shall continue in full force and effect. In other words, if one part of the contract is invalid, the rest remains enforceable.
- No Waiver: No waiver by BetterEstate of any term or condition set forth in these Terms (or any breach thereof) shall be deemed a further or continuing waiver of such term or any other term. Likewise, any failure by BetterEstate to assert a right or provision under these Terms does not constitute a waiver of that right or provision. We can still enforce any part of these Terms later or in another situation where you violate them.
- Assignment: You may not assign or transfer these Terms or your rights or obligations under these Terms to any third party without BetterEstate’s prior written consent. Any attempted assignment without consent is void. BetterEstate may freely assign or transfer these Terms (in whole or in part) as well as any of our rights or obligations hereunder to any third party without notice or consent (for example, in connection with a merger, acquisition, corporate reorganization, or sale of assets). These Terms will inure to the benefit of and be binding upon each party’s successors and permitted assigns.
- Notice: BetterEstate may provide notices or communications to you by email to the address associated with your account, by postal mail, or by posting on our website. You consent to receive electronic communications from us. It is your responsibility to keep your account contact information up-to-date. Notices will be deemed given (a) in the case of email, when the email is sent (though we are not responsible for emails that are filtered or not received due to your settings), (b) in the case of postal mail, on the third business day after mailing, and (c) in the case of posting on our site, upon posting. If you need to give us notice, you must do so in writing via our designated contact method (such as our mailing address provided in the site or an email to the specified support/legal email address), unless we specify a particular method for certain communications.
- Governing Language: These Terms may be provided in languages other than English for convenience and information. However, the English version of these Terms will govern and control in the event of any conflict or inconsistency with a non-English version, to the extent not prohibited by local law.
- Headings and Summaries: The section titles, captions, and brief explanations at the beginning of each section (if any) in these Terms are for convenience and organization only. They have no legal effect and do not affect the interpretation of the Terms.
- Relationship of Parties: You and BetterEstate are independent contractors. These Terms do not create any partnership, joint venture, employment, franchise, or agency relationship between you and us. You have no authority to make or accept any offers or representations on behalf of BetterEstate.
- Contact Information: If you have any questions or concerns about these Terms or the Services, or if you need to provide notice to BetterEstate, you can contact us at:
Email: admin@betterestate.co
Mail: BetterEstate, Attn: Privacy Team, 6636 W. William Cannon Drive, #611, Austin, TX 78735, USA
By using the BetterEstate Services, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them. Thank you for trusting BetterEstate with your estate planning needs. We are committed to providing you with a valuable service without providing legal advice, and we appreciate the opportunity to help you take care of your estate planning in a convenient way.