Terms of Use

1. Acceptance of Terms

By marking the "I Agree" checkbox, creating an account, or accessing or using the Site, the Services, or the Product in any manner, you:

• Confirm that you have read and understood these Terms and our Privacy Policy.
• Agree to be bound by and comply with these Terms and our Privacy Policy.

Your continued use of the Site, the Services, or the Product constitutes your ongoing acceptance of these Terms, including any modifications posted from time to time.

If you notice any errors in these Terms, please notify us by email at terms@estatekit.com or via the Contact Us page on the Site.

2. Eligibility

All users of the Services, including Account Holders, Proxy Users, and Status Verifiers, must be at least 18 years of age.

Account Holders must be residents of Canada, excluding Quebec. Proxy Users and Status Verifiers may access the Services in those roles regardless of their location, subject to the provisions of these Terms and the access rights granted by the Account Holder.

Estate Kit may refuse access to the Services to any person, for any reason or no reason, at any time.

3. Description of the Services

Estate Kit provides online tools and a physical organizer to help you organize, store, and share personal and estate planning information.

The Services are for organizational purposes only and do not constitute legal, financial, tax, medical, or accounting advice. Estate Kit is not a law firm, and no lawyer-client, fiduciary, or advisory relationship is created by your use of the Services. Communications between you and Estate Kit are not protected by legal privilege. You may need to consult with a qualified professional for advice tailored to your situation.

We strive to keep the Services up to date, but due to changing laws and circumstances, we do not guarantee that the content of the Services is accurate, complete, or current.

Estate Kit may modify, suspend, or discontinue any part of the Services at any time, with or without notice.

4. Your Account

To access most features of the Services, you must create an account. You are the "Account Holder" with respect to your account.

Your responsibilities

• Provide accurate and complete information when creating your account.
• Maintain the confidentiality of your account credentials, including your password.
• Enable and maintain multi-factor authentication.
• Notify us promptly at terms@estatekit.com if you suspect unauthorized access to your account.
• Remain responsible for the security of your account credentials and for activity that occurs under your account through your own use of the Services.
• Communicating to any assigned Proxy User(s) the purposes for which they are authorized to use the information made available to them.

Your content

You are solely responsible for the information and content you enter, upload, or store through the Services (your "Content"). Estate Kit does not verify the accuracy or completeness of your Content and has no obligation to keep your Content up to date. Estate Kit is not liable for any loss or damage resulting from errors or omissions in your Content. You acknowledge that any errors or omissions in your Content could impact the effectiveness of the materials you organize using the Services.

You retain all rights in your Content. By using the Services, you grant Estate Kit a limited, non-exclusive, royalty-free licence to host, store, transmit, display, modify, reproduce, and process your Content for the purposes of providing, securing, supporting, and improving the Services. Where we process your Content for analytics or product improvement purposes, we do so on an aggregated or de-identified basis.

The licence in this Section continues for so long as Estate Kit retains your Content in accordance with our Privacy Policy and applicable law.

5. Proxy Users and Status Verifiers

Sharing is a core function of Estate Kit

Estate Kit exists to help you organize your personal and estate planning information and to make that information available to the people you choose, at the times you choose. Putting the right information in front of the right people at the right time, scoped and controlled by you, is the job the Services are built to do.

Proxy Users

The Account Holder may designate other individuals as Proxy Users (referred to as 'Trusted Contacts' elsewhere on the Site) within the Services. Proxy Users may include, without limitation, Executors, Attorneys for Property, Attorneys for Personal Care, Substitute Decision Makers, and custom roles defined by the Account Holder.

The Account Holder determines each Proxy User's access rights by selecting the role or roles the Proxy User holds and by adding custom access where the Services permit. Each role carries access rights and activation conditions that the Account Holder can extend but not reduce. The specific access associated with each role is described in the Services.

Proxy Users accept separate terms at the point of access.

Status Verifiers

The Account Holder may designate one or more Status Verifiers within the Services. Status Verifiers do not receive access to the Account Holder's information by virtue of being designated a Status Verifier. The Account Holder may separately grant a Status Verifier access as a Proxy User.

A Status Verifier may flag the Account Holder as incapacitated or deceased through the Services. Where the Account Holder has configured an override window, the Account Holder has the opportunity to reject the flag within that window before the status change takes effect. If the flag is not rejected within the override window, or if no override window is in effect, the Services transition to the flagged status and Proxy User access is adjusted according to the configurations the Account Holder previously established.

The same individual may be designated as both a Proxy User and a Status Verifier. Each designation is independent.

Account Holder access after a status change

Following any status change, the Account Holder's access to the Services becomes view-only. The Account Holder may continue to log in and view information in the Services, but may not:

• Edit or upload Content;
• Add, remove, or modify Proxy Users or Status Verifiers;
• Change override settings; or
• Otherwise modify the configuration of the account.

Retaining view-only access for the Account Holder following any status change allows the Account Holder to identify and surface errors in status flagging, including in the rare circumstance that a death flag is made in error.

A status change may be reversed if a Status Verifier subsequently flags the Account Holder as having returned to a prior status (for example, as alive after being flagged as deceased, or as having recovered capacity after being flagged as incapacitated). When a status change is reversed, the Account Holder's access is restored according to the Account Holder's prior configurations.

Before any status change takes effect, the Account Holder may add, remove, or modify Proxy Users, Status Verifiers, override settings, and other account configurations through the Services.

Estate Kit's role

Estate Kit does not independently verify the identity or authority of Proxy Users or Status Verifiers, does not verify whether the Account Holder is in fact incapacitated or deceased, and does not mediate disputes among Proxy Users, Status Verifiers, beneficiaries, or others. The Services operate as the Account Holder has configured them.

Estate Kit may at its sole discretion suspend, modify, or restrict access to any account or any Proxy User's access rights where Estate Kit is required to do so by law, court order, or regulatory process, or where Estate Kit reasonably believes the Services are being used in breach of these Terms, in violation of any laws or in a manner that may cause harm or otherwise is contrary to the wishes or interests of the Account Holder.

Executor role

Following the Account Holder's death, any individual designated by the Account Holder as an Executor within the Services has Account Holder-level permissions, including the ability to add, remove, or modify other Proxy Users, manage billing and payment information, manage account settings, and delete the account. Where multiple Executors have been designated, each may act independently. Estate Kit is not responsible for coordination among co-Executors or for disputes with beneficiaries or other parties claiming an interest in the Account Holder's estate or information.

Proxy User obligations

When a Proxy User accesses the Services, the Proxy User is bound by these Terms to the extent applicable to their use of the Services, and by the Privacy Policy. By accessing the Services as a Proxy User, you:

• Confirm that you are the individual the Account Holder designated and that you are entitled to access the Services in that role.
• Agree to use the Services only for the purposes the Account Holder has authorized and within the scope of the access granted to you.
• Agree to keep the Account Holder's information confidential and not to disclose or use it other than for the authorized purposes.
• Acknowledge that your access is scoped and conditional, and may be modified, suspended, or revoked in accordance with these Terms or the Account Holder's configurations in the Services.
• Acknowledge that you have no rights in the Account Holder's information beyond the access the Account Holder has granted you through the Services.

The provisions of these Terms relating to Acceptable Use, Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, No Consolidation of Claims, Termination, Governing Law, and General apply to Proxy Users in the same manner as they apply to Account Holders, to the extent applicable to the Proxy User's use of the Services. Subscription, payment, and Account Holder-specific provisions do not apply to Proxy Users in their capacity as Proxy Users.

6. Intellectual Property

All content made available through the Site, the Services, and the Product, including text, graphics, logos, images, and software, is the property of Estate Kit or its licensors who shall own all right, title and interest, including all related intellectual property rights in and to the Services, except for your content.

These works are protected by copyright laws, trademark laws, and other intellectual property laws and treaties, both in Canada and around the world and all rights therein are reserved. For the purposes of these Terms, any use of extracts from the Services other than in accordance with these Terms is prohibited.

You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or content obtained from the Services without our prior written permission, except as expressly permitted by these Terms or applicable law.

These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by Estate Kit. Estate Kit’s name, logo, and the product names associated with the Services are trademarks of Estate Kit, its affiliated companies or third parties, and no right or license is granted to use them.

7. Licence

Subject to your compliance with these Terms, Estate Kit grants you a limited, non-exclusive, revocable, non-transferable licence to access and use the Site, the Services, and the Product solely for your own personal, non-commercial purposes. This licence does not permit you to: (a) sublicense, sell, resell, transfer, assign, or otherwise commercially exploit the Services or any content obtained through the Services; (b) modify or make derivative works based upon the Services or any such content; (c) reverse engineer, decompile, or disassemble any portion of the Services; or (d) access the Services in order to build a competitive product or service, or copy any features, functions, or graphics of the Services. Any rights not expressly granted in these Terms are reserved by Estate Kit and its licensors. This licence terminates automatically upon termination of your account or your breach of these Terms.

8. Acceptable Use

You warrant that the information you provide to Estate Kit is accurate and complete and that you will keep the information you have provided to Estate Kit current through the Site. Estate Kit is entitled at all times to verify the information that you have provided and to refuse the use of the Services without providing reasons.

It is your responsibility to check to ensure you have a device able to access the Site. Estate Kit is not liable if you do not have a compatible device and cannot access the Site or Services from your device.

By using the Services you agree to:

• Only use the Services for your sole, personal use and will not resell them to a third party;
• Keep secure and confidential your account password or any identification we provide you which allows access to the Services;
• Comply with all applicable laws including, secondary legislation of the area in which you are present while using the Services.

By using the Services you agree not to:

• Use the Site, the Services, or the Product in any way that could damage, harm, disable, overburden, or impair them.
• Authorize others to use your account credentials;
• Upload or transmit viruses, malicious code, or other harmful software.
• Use automated scripts, bots, or similar tools to access or scrape data from the Services.
• Attempt to gain unauthorized access to any portion of the Services, any account, or any connected systems.
• Use the Services for any unlawful purpose or in violation of these Terms.
• Upload or enter content that infringes the rights of any third party or that you do not have the right to provide.

Violations of this Acceptable Use section may result in suspension or termination of your access under Section 17.

9. Feedback

If you provide Estate Kit with feedback, suggestions, ideas, or other input about the Services or the Product, you grant Estate Kit a perpetual, irrevocable, worldwide, royalty-free licence to use that feedback for any purpose without any obligation to you. You confirm that any feedback you provide is your own and does not include the confidential information of any third party.

10. Third-Party Services and Links

The Services may integrate with or link to third-party services or websites. Estate Kit does not endorse and is not responsible for the content, practices, or availability of any third-party service or website. Your use of third-party services or websites is at your own risk and subject to their terms and privacy policies.

11. Subscription and Payment

Access to the Services requires a paid subscription. Subscription fees, billing cycles, and renewal terms are presented at the point of purchase and are subject to change. Estate Kit reserves the right to change subscription pricing at any time. We will provide you with at least 30 days’ advance notice of any price increase by email. The updated pricing will apply to your next subscription renewal following the notice period. If you do not agree to the updated pricing, you may cancel your subscription before the renewal date. We offer refunds to the original payment method within 30 days of purchase, subject to any shipping fees for Products and to the conditions described in our help center. Outside of the 30-day refund period, subscription fees are non-refundable except as required by applicable law. You are responsible for providing current and accurate billing information. If payment cannot be processed, Estate Kit may suspend or terminate your access to the Services.

Estate Kit uses a third-party payment processor (the “Payment Processor”) to process payments made through the Site. The processing of payments in connection with your use of the Services will be subject to the terms, conditions, and privacy policies of your payment method issuer in addition to these Terms. Estate Kit is not responsible for any errors by the Payment Processor. Accepted payment methods may include Visa, Mastercard, American Express, Discover, Diners Club, Apple Pay, Google Pay.

If you purchase an Estate Kit subscription for yourself, your subscription will automatically renew at the end of each subscription period, and the applicable subscription fees will be charged to your payment method on file unless you cancel your subscription before the renewal date. Given the nature of the service, automatic renewal helps ensure that you, and any individuals you have authorized, continue to have access to your Estate Kit. You may cancel your subscription at any time through your account settings. Gift subscriptions are one-time purchases for a single subscription period paid by the gift purchaser. At the end of the gift subscription period, the recipient may choose to continue the Services by providing their own billing information and purchasing their own subscription.

12. Communications

By creating an account, you consent to receive communications from Estate Kit related to your account, the Services, the Product, and your transactions with us. These communications may be sent by in-app notification, by email, by text message where you have provided a mobile number, by mail (including with shipments of the Product), or by telephone. With your consent, you may also receive marketing communications, which you can unsubscribe from at any time. Our communications practices are further described in our Privacy Policy.

13. Privacy

Your use of the Services is governed by our Privacy Policy, which describes how we collect, use, store, share, and protect your personal information. By using the Services, you acknowledge our Privacy Policy.

14. Disclaimers

The Site, the Services, and the Product are provided on an "as is" and "as available" basis, without warranties or conditions of any kind, whether express, implied, or statutory, except as required by applicable law. To the fullest extent permitted by law, Estate Kit disclaims all warranties and conditions, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Estate Kit does not warrant that the Services will be uninterrupted, error-free, or free from loss or corruption of data.

15. Limitation of Liability

To the fullest extent permitted by applicable law, Estate Kit will not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, loss of use, loss of data, or other intangible losses, arising out of or related to:

• Your use of, or inability to use, the Site, the Services, or the Product;
• Any errors, inaccuracies, or omissions in the Services or your Content; or
• Any unauthorized access to or use of our systems or your personal information.

If and only to the extent that the foregoing limitation of liability is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, in respect of any claim by you against Estate Kit, our total liability to you under any circumstance is limited to the greater of (a) the amount you have paid Estate Kit in the 12 months preceding the claim, or (b) one hundred Canadian dollars (CAD $100).

These limitations apply to all causes of action, whether based on contract, tort (including negligence), warranty, strict liability, or any other legal theory. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

16. Consumer Rights

Nothing in these Terms limits any right you have under applicable consumer protection laws that cannot be waived. Where a provision of these Terms conflicts with a right you have under applicable consumer protection law that cannot be waived, the consumer protection right prevails to the extent of the conflict.

17. Breach, Remedies and Indemnification

Where you breach these Terms, Estate Kit’s remedies include, without limitation, the immediate suspension or termination of your access to the Services as set out in Section 20. The indemnification obligations in this Section apply in addition to, and do not limit, any other rights or remedies available to Estate Kit.

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Estate Kit and its affiliates, subsidiaries, partners, parent company, sister company, its licensors, and each of their officers, directors, employees, other users, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including legal fees) arising out of or relating to:

• Your breach of these Terms or any applicable law or regulation, whether or not referenced herein;
• Your Content or your misuse of the Services;
• Any disclosure, use, or other consequence relating to your own personal information that you have provided to or stored within the Services;
• Any disclosure, use, or other consequence relating to information about a third party that you have provided to Estate Kit, including where the third party did not consent to your provision of the information;
• Your infringement of any third-party right; or
• Any action or inaction by a Proxy User or Status Verifier you have designated.

18. Severability and Waivers

The failure of Estate Kit to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

19. No Consolidation of Claims

To the extent permitted by applicable law, you agree that any dispute arising out of or relating to these Terms, the Site, the Services, or the Product will be resolved on an individual basis.

Disputes brought by you will not be consolidated with disputes brought by any other party. You waive any right to participate as a plaintiff or class member in any class action, collective action, representative action, or private attorney general action against Estate Kit or its affiliates.

If any portion of this waiver is found unenforceable, that portion will be severed and the remainder will continue in full force and effect. This waiver survives any termination or expiration of these Terms or your use of the Services.

20. Right to Terminate

You may terminate your account at any time by using the account deletion feature in the Services or by contacting us.

Estate Kit may suspend or terminate your use of the Estate Kit Services at any time, with or without notice with immediate effect, (by disabling your access to the Site) for any reason, including, if you: violate or breach any term of these Terms, or in the opinion of Estate Kit, misuse the Services.

Following termination, we may retain certain information as described in our Privacy Policy or as required by law. Provisions of these Terms that by their nature should survive termination (including the licence granted in Section 4, Proxy User obligations, intellectual property, disclaimers, limitation of liability, indemnification, no consolidation of claims, and governing law) will survive.

21. Relationship

These Terms do not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.

22. Survival

The following provisions survive the termination or expiration of these Terms for any reason: Section 4 (Your Account - licence granted to Estate Kit over your Content), Section 6 (Intellectual Property), Section 7 (Licence Grant), Section 8 (Acceptable Use), Section 14 (Disclaimers), Section 15 (Limitation of Liability), Section 17 (Breach, Remedies and Indemnification), Section 18 (Severability and Waivers), Section 19 (No Consolidation of Claims), Section 20 (Termination - post-termination data retention), Section 24 (Governing Law and Jurisdiction), and Section 27 (General – Entire Agreement). Any provision that by its nature or context is intended to survive termination will also survive, regardless of whether it is listed here.

23. Changes to these Terms

We reserve the right to update, modify or replace any of these Terms, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time. Estate Kit may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. The Last Updated date at the top of these Terms indicates when they were last revised. Where a change is material, we will provide reasonable notice by email, by in-app notification, or through a notice on the Site. Your continued use of the Services after the effective date of the changes constitutes your acceptance of the revised Terms.

24. Governing Law and Jurisdiction

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict of laws principles. You agree that any dispute arising out of or relating to these Terms, the Site, the Services, or the Product will be brought in the courts located in Toronto, Ontario, subject to any right you may have under applicable consumer protection law to bring proceedings in the courts of your province of residence.

25. Force Majeure

Estate Kit is not liable for any failure or delay in performance under these Terms for the period that such failure or delay is beyond the reasonable control of Estate Kit, including acts of war, riots, fire, flood, hurricane, pandemic, earthquake, government actions, internet or telecommunications outages, cyberattacks, or third-party service provider failures, which materially affects the performance of any of its obligations under these Terms, and could not reasonably have been foreseen or provided against.

26. Notices

Notices to Estate Kit under these Terms must be sent by email to terms@estatekit.com. Estate Kit may give notice by means of a general notice on the Site, or by electronic mail to the email address associated with your Estate Kit account or, where appropriate by in-app notification.

27. General

You may not assign or transfer these Terms without our prior written consent.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Estate Kit and govern your use of the Site, the Services, and the Product, superseding any prior agreements or understandings.

28. Contact Us

If you have any questions or concerns about these Terms, please contact us:

Estate Kit Inc.

terms@estatekit.com

922 Eglinton Ave. W, #85558; Toronto, ON M6C 2C2

1-800-789-1393