Terms of Service

1. Introduction

Welcome to WillWise. These Terms of Service ("Terms") govern your use of our website, services, and software (collectively, the "Service"). By accessing or using WillWise, you agree to be bound by these Terms.

2. Legal Information, Not Legal Advice

Self-Help Service: WillWise provides self-help document preparation services at your specific direction. You are responsible for determining what information to include in your documents and for ensuring that your completed documents comply with applicable law. WillWise provides blank form templates with general instructions - you fill in your own information and make your own decisions about content.

The information provided by WillWise is intended for general informational purposes only. State laws vary significantly, and while our templates are designed to comply with common legal requirements, we do not guarantee that documents created through our platform will be legally valid or enforceable in your jurisdiction.

Your Acknowledgment: By using WillWise, you acknowledge that you are accessing self-help legal information and document preparation tools, NOT legal services. You understand that any document you create is YOUR document, created by YOU using our software tools.

3. Your Responsibilities

By using WillWise, you agree to:

• Provide accurate, complete, and current information
• Understand that you are responsible for reviewing and understanding all documents generated
• Ensure compliance with your state's specific legal requirements for executing wills
• Obtain proper witnesses and notarization as required by your state law
• Seek professional legal advice for complex estates, special circumstances, or legal questions
• Not use the Service for any unlawful purpose or in violation of these Terms

4. Service Description

WillWise provides an online platform and software tools that allow you to:

• Complete a guided questionnaire to gather estate planning information
• Create an inventory of digital assets (cryptocurrency, social media, cloud accounts, etc.)
• Generate customized legal document templates based on your responses
• Access state-specific guidance on will execution requirements
• Store and manage your estate planning documents

What We Do NOT Provide:

• Personalized legal advice or recommendations
• Attorney representation or consultation (unless explicitly offered as a separate service)
• Tax planning or financial advice
• Guarantees regarding the legal validity of documents in your jurisdiction
• Witness services or notarization services

5. Payment and Pricing

One-Time Purchase: Our basic will creation service is available for a one-time fee of $149 (or current pricing as displayed on our website).

Subscriptions: Optional services such as annual updates or premium features may be available on a subscription basis. Subscription terms and pricing will be clearly disclosed before purchase.

Payment Processing: All payments are processed securely through Stripe. By making a purchase, you agree to Stripe's terms and conditions.

Refund Policy: We offer a 30-day money-back guarantee. If you are not satisfied with your purchase, contact us within 30 days for a full refund. Refund requests after documents have been generated and downloaded may be evaluated on a case-by-case basis.

6. Account Registration

To use WillWise, you must create an account. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your password and account
• Notify us immediately of any unauthorized use of your account
• Be responsible for all activities that occur under your account
• Be at least 18 years old or the age of majority in your jurisdiction

7. Intellectual Property

WillWise and its original content, features, and functionality are owned by WillWise and are protected by international copyright, trademark, and other intellectual property laws.

Your Documents: You retain all rights to the documents you create using our Service. We claim no ownership over your personal information or generated documents.

8. Limitation of Liability

• Your use or inability to use the Service
• Any legal issues arising from documents created through the Service
• Any claim that documents created are invalid, unenforceable, or do not meet your needs
• Any estate, probate, or inheritance disputes involving documents you created
• Your failure to properly execute documents according to your state's requirements
• Inaccurate or incomplete information you provided
• Unauthorized access to or alteration of your data
• Any reliance on information provided through the Service
• Changes in applicable law that affect the validity of your documents
• Any actions or inactions of your designated executor, beneficiaries, or witnesses

Maximum Liability: IN NO EVENT SHALL WILLWISE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Essential Purpose: THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

Basis of the Bargain: YOU ACKNOWLEDGE THAT WILLWISE HAS SET ITS PRICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE SAME REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

9. State-Specific Compliance

Estate planning laws vary by state. WillWise currently supports will creation for residents of: California, Texas, Florida, New York, and Washington. Each state has different requirements for witnesses, notarization, and will execution.

Your Responsibility: You are solely responsible for ensuring that your will complies with your state's legal requirements and is properly executed according to state law. We provide general guidance but cannot guarantee compliance with all state-specific regulations.

10. Privacy and Data Security

We take your privacy seriously. Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

We use industry-standard encryption (AES-256) to protect your data, but no method of transmission over the internet is 100% secure. You acknowledge that you provide information at your own risk.

11. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will cease immediately. You may request a copy of your documents before termination. We may retain certain information as required by law.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or by posting a notice on our website. Your continued use of the Service after changes become effective constitutes acceptance of the new Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Texas law provides statutory protections for software-based legal information services under Texas Government Code § 81.101.

14. Document Retention Policy

Retention Period: We retain all wills, legal documents, and questionnaire responses for a minimum of five (5) years from the date of creation.

Purpose: This retention period aligns with legal malpractice statutes of repose and ensures documents remain accessible for estate planning purposes.

User Access: You may download your documents at any time while your account is active. We strongly recommend storing copies in multiple secure locations.

Deletion Requests: You may request deletion of your documents at any time by contacting legal@willwise.com. We will process deletion requests within 30 days, subject to our legal obligation to retain records for the minimum retention period.

After Retention Period: After five years, you may request extended retention or allow secure deletion in accordance with our data security policies.

Backups: Backup copies are retained for disaster recovery purposes and are subject to the same security, encryption, and deletion policies.

15. Warranties Disclaimer

16. Indemnification

You agree to indemnify, defend, and hold harmless WillWise, its officers, directors, employees, agents, affiliates, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party, including privacy rights
• Any documents you create using the Service
• Any claim that documents created are invalid, unenforceable, or do not meet your needs
• Your failure to properly execute documents according to state law
• Any inaccurate or incomplete information you provide

WillWise reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with WillWise in asserting any available defenses.

17. Dispute Resolution and Arbitration

Informal Resolution

Before filing a claim, you agree to contact us at legal@willwise.com to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days. Most disputes can be resolved without resorting to arbitration.

Binding Arbitration Agreement

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

• Arbitration will be conducted in Texas via video conference or in person at the arbitrator's discretion
• The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction
• You waive your right to a jury trial
• The arbitrator may award any relief that a court could award
• Each party shall bear its own costs and attorney's fees unless the arbitrator determines otherwise

Class Action Waiver

If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and all disputes shall be resolved in court.

Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring an individual action in small claims court if the dispute qualifies. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

30-Day Right to Opt Out

You have the right to opt out of binding arbitration within 30 days of creating your account by sending written notice to legal@willwise.com. If you opt out, you and WillWise will resolve disputes in court.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

19. Contact Information

If you have questions about these Terms, please contact us at:

20. Your Acknowledgment and Agreement