Terms of Service
Ethos Estate Planning, LLC (“Ethos Estate Planning”, “we”, “us”, “our” or “Company”) provides online estate planning tools and solutions. These Terms of Service (“Terms”) outline the rules and expectations that apply to you and Ethos Estate Planning and govern your access to and use of the websites, applications (including, our mobile application(s)) and other online products and services provided by Ethos Estate Planning (collectively, our “Services”) . Our goal is to keep them simple and easy to understand. If there’s something you’re not sure about, please reach out to us at firstname.lastname@example.org. Please read these Terms carefully as they constitute a legally binding agreement between you and Ethos Estate Planning.
BY USING THE SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS; (2) YOU ARE OF LEGAL AGE AND HAVE LEGAL CAPACITY TO FORM A BINDING CONTRACT WITH US; AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 21, DO NOT ACCESS OR USE OUR SERVICES as you are not permitted to do so.
In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products or services provided by Ethos Estate Planning. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product or service.
You are permitted to use the Services to (a) create, prepare and execute estate planning documents including but not limited to wills, trusts, powers of attorney, and advance healthcare directives (collectively, “Estate Planning Documents”), (b) list assets in your trust schedule of assets, if you have opted to create a trust, and (c) consolidate and track your financial information in one place designed to allow you to make estate planning decisions.
ETHOS ESTATE PLANNING PROVIDES NO FINANCIAL, INVESTMENT, ESTATE PLANNING, LEGAL OR TAX ADVICE.
You agree that Ethos Estate Planning is not a law firm or an attorney, and does not (i) perform services for you or on your behalf as would be performed by an attorney or (ii) provide you with legal advice or guidance. Our products and services are not a substitute for the advice or services of a licensed attorney. There exists no attorney-client relationship or privilege between you and us. Instead, by using the Services, you are representing yourself in any legal matter you undertake, including any legal matter relating in any manner to your use of the Services. Additionally, you agree that Ethos Estate Planning is not a (i) financial planner; (ii) estate planner; (iii) investment advisor; (iv) legal advisor; or (iv) tax advisor. Neither Ethos Estate Planning nor the Services provide any financial planning, investment, legal, or tax advice, though Ethos Estate Planning does sell insurance products as addressed below.
In relation to the Services, you are solely responsible and liable for any and all financial, estate, tax, investment or legal decisions you make or related agreements to which you become a party. You waive all claims against us for all losses, damages, expenses and similar claims that you may incur because of your financial, estate, tax, investment, legal or other similar decisions, and you agree that we shall not be liable for any such losses, damages, expenses or similar claims.
You represent and warrant that you: (a) are at least 18 years old; (b) have not previously been suspended or removed from using our Services; (c) have full capacity, power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party; (d) are a US citizen or lawful permanent resident and are not a citizen or resident of any country to which the United States has embargoed goods or services; (e) have not been identified as a “Specially Designated National” by the Office of Foreign Assets Control; (f) have not been placed on the U.S. Commerce Department’s Denied Persons List; (g) will not use our Services outside the United States and (h) do not and will not have more than one account for the Services.
If you are using the Services on behalf of an entity, (a) you represent and warrant that you are authorized to bind that entity to these Terms, (b) that entity agrees to be responsible for you and any other user that accesses the Services on its behalf, including for your and their compliance with these Terms, and (c) all references to “you” will refer to you and that entity, jointly.
You may need to register for an account to access some or all of our Services. You agree to provide accurate account and other information and promptly update this information if it changes. You agree to maintain the security of your account credentials and promptly notify us if you discover or suspect that someone has accessed your account without your authorization. Your username and password are personal to you and may not be shared with any third parties. You are responsible for all activities that occur regarding your account credentials or otherwise under your account.
Your use of Estate Planning Documents
If you prepare any Estate Planning Documents using the Services, the following terms and conditions apply:
Purchase & sale of insurance policies
If you purchase Insurance Policies using the Services, the following terms and conditions apply:
Any recommendations we provide to you in connection with Insurance Policies are based on information you provide to us, are provided for your personal consideration and education only and are not a substitute for professional advice. Further, the amount of insurance coverage you need may differ from what we recommend depending on information we did not request of or obtain related to you. You have the sole obligation to determine what Insurance Policies to purchase and whether to accept these recommendations.
User Enabled and/or Directed communications and Sharing
The Services may permit you to enable and/or direct us to communicate and share with any person or entity you add to the Services or authorize to have access to and/or receive your Estate Planning Documents or Insurance Policies (each, a “Contact”). For example, if you designate a Contact as the trustee of your trust, the Services may automatically send that Contact a message notifying them of your designation and asking them whether they accept such designation. You may also share your Estate Planning Documents with your Contacts through the Services (e.g., you may share your will with your designated beneficiaries or your attorney). You are solely responsible for all communications and sharing that you make, direct and/or that you authorize us to make with your Contacts.
Third-party services and products
Sometimes we may link to other companies or services, like an article, reference, referral, social media content, or promotion. We cannot guarantee these links as we don’t manage content which is not on our websites or mobile applications, and links can change after they’re posted. We aren’t responsible for the practices of the sites or services to whom we link, including any of the content they show you. And, those sites are not acting or governed by our policies. The information you may share with any third parties, like the sites and services we may link to, are controlled by them and their site policies and terms. You understand and agree that we don’t have control of those sites and we are not responsible if you give any third-party access to your data. You own any risk yourself for sharing information or viewing content on other sites. You are solely responsible for your purchasing decisions and if you choose to visit any third party websites, you may be subject to additional or different terms and conditions and privacy policies
Also, if any of the Services provided to you contain an open-source license, there may be provisions in those licenses that expressly conflict with these Terms, and such provisions may override some or all of these Terms.
Third-party-stored account information
The Services may permit you to sync third-party accounts with the Services in a manner designed to permit us to retrieve your information that is maintained online by such third parties (“Third-Party-Stored Account Information”). By using the Services, you authorize us to access and obtain your Third-Party-Stored Account Information and you authorize such third parties to disclose your Third-Party-Stored Account Information to us. When you desire to provide or otherwise make available Third-Party-Stored Account Information through the Services, you will be directly connected to the website for the third party you have identified. We will submit your information including, without limitation, usernames and passwords that you provide to log into the Services. You hereby authorize and permit us to use your information to obtain and retrieve and to configure the Services so that they are compatible with the third party sites for which you submit your information. You understand and agree that any third party accounts and sites are not provided by us and we are not responsible for any Services-related issues arising from or in connection with such third party accounts or your Third-Party-Stored Account Information. You agree to keep your Third-Party-Stored Account Information up to date and accurate.
Prohibited conduct and content
Limited license; copyright and trademark
© 2023 Ethos Estate Planning, LLC. All rights reserved. Ethos Estate Planning and all of our logos and designs are trademarks and/or service marks of Ethos Estate Planning, LLC, a Delaware limited liability company. You may not use our images or logos without first getting consent from us in writing.
Everyone who uses our Services should respect intellectual property laws and the rights of Ethos Estate Planning. If there appear to be any issues with our Services or if you have any concerns, you may send us questions. We will work quickly to look into your question and will remove material if we determine third party copyrighted material is displayed without Ethos Estate Planning holding a license to do so. Your notice must follow the requirements of U.S. Copyright Act 17 U.S.C. 512(c)(3) and all regulations promulgated, each as amended (Notice Requirements), and/or the specific requirements of the Digital Millennium Copyright Act of 1998 (DMCA), whichever applies. If you inappropriately report a violation, infringement, or ownership of a copyright, you may be liable for damages (including reasonable costs and attorneys’ fees).
Ethos Estate Planning’s name, logos, designs, business processes, and our Services (the “Ethos Estate Planning Content”) are protected by intellectual property rights including copyright, trademark, trade secret, and other laws of the United States. Our Terms don’t give you any license to use any of our intellectual property, other than as necessary to use our Services and to assist you in purchasing insurance products we make available to you.
You agree to honor our ownership rights related to our Services and the rights of the other parties whose intellectual property is included in the Services. You will not misuse Services or any third party intellectual property used along with the Services. You may not copy or reproduce any of the Services in any form or by any means; you may not rent, sell, lease, grant, modify, distribute, or create derivative works based on the Services. You will not trespass, bypass, interfere with, disrupt any host or network systems, burden the network capacity, overload, flood, spam, mail-bomb, infect, or install or send a virus, spyware, or any other malware or Trojan horse of any kind, or in any other way disrupt the proper operation of the Services.
You are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use our Services and Ethos Estate Planning Content for your own personal use; however, such license is subject to these Terms and your compliance with these Terms, and does not include any right to (a) sell, resell or commercially use or otherwise exploit our Services or Ethos Estate Planning Content; (b) copy, reproduce, distribute, publicly perform or publicly display Ethos Estate Planning Content, except as expressly permitted by us or our licensors; (c) modify the Ethos Estate Planning Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Ethos Estate Planning Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or Ethos Estate Planning Content other than for their intended purposes as described in these Terms. Except as explicitly set forth herein, we are not granting you any right, title, license, or interest in the Services. Any use of our Services or Ethos Estate Planning Content other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will automatically terminate the license granted in these Terms.
Any questions, comments, suggestions, testimonials, ideas, original or creative materials or other information you submit about Ethos Estate Planning or our products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of Ethos Estate Planning. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
By using our Services, you (a) agree that all communications from us relating to products and Services may be provided or made available to you electronically by email, and/or on our mobile applications or websites and (b) consent to receive emails, and other electronic communications from us. These communications may include notices about your account (e.g., password changes and other transactional information), as well as communications provided as part of the Services or for marketing purposes, and are part of your relationship with us. You consent to being provided with any notices, disclosures, information, and other materials in electronic form (collectively “Electronic Records”), rather than in paper form in accordance with The Electronic Signatures in Global and National Commerce Act (“E-Sign“). Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that we may be required to provide to you. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You further agree that checking or clicking a box, clicking “accept” or “agree” (or another similar word) on our website, or responding via telephone keypress constitutes your signature and will have the same binding effect as a physical wet signature.
You agree that you have the ability to access, view, store, download, and print communications, documents, and hyperlinks we deliver or make available to you electronically through your computer or on your mobile device. You can find apps that support printing and saving electronic communications using your mobile device’s app store. If your mobile device does not have this functionality, you must access the Services through alternate means that provide you with the capability to print and save communications.
You may withdraw your consent to electronic communications and to use an electronic signature at any time. If you do withdraw your consent, from that time forward you may be unable to use the Services, and your account may be closed. To withdraw your consent of doing business electronically, please send us a written notice by email (email@example.com) or U.S. Mail (5001 Plaza on the Lake, Suite 305, Austin, TX 78746 Attn: Legal).
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Ethos Estate Planning, each of our subsidiaries and affiliates, or our licensors and Partners and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Ethos Estate Planning Parties”) from and against any loss, liability, claim, demand, damages, fines and any related expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Services, including the generation and use of Estate Planning Documents; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (e) your conduct in connection with our Services; or (f) any violation by you of any federal, state, or local laws, statutes, rules, or regulations. You agree to promptly notify the Ethos Estate Planning Parties of any third-party Claims, cooperate with the Ethos Estate Planning Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees, costs and expenses). You also agree that the Ethos Estate Planning Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Ethos Estate Planning or the other Ethos Estate Planning Parties.
WE DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO THE USE OF THE SERVICES, INCLUDING THE GENERATION AND USE OF ESTATE PLANNING DOCUMENTS AND ANY AND ALL SOFTWARE INCLUDED THEREIN, WHICH IS PROVIDED “AS-IS”. YOU USE OUR SERVICES WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND, AT YOUR OWN RISK. WE DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. In addition, we do not represent or warrant that our Services are accurate, complete, reliable, current or error-free. We do not take on or assume any responsibility for any harm, loss, or corruption to you, your computer, or your data (or any third party data or computer) from your use of our Services. You assume the entire risk as to the quality and performance of the Services. Additionally, you acknowledge that information you store or transfer through our Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third party providers, internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our Services. Some states may not allow for these limitations of liability. If you live in one of these states, then these warranties will be limited and the limitation on liability will be $100.00 in the aggregate for any and all claims.
Limitation of liability
IN NO EVENT SHALL (I) WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE, AND (II) OUR LIABILITY FOR ANY AND ALL CLAIMS BROUGHT OR DAMAGES INCURRED BY YOU OR ANY THIRD PARTIES SHALL NOT EXCEED, IN THE AGGREGATE, THE FEES PAID BY YOU TO US DURING THE LAST YEAR PRIOR TO THE DATE SUCH CAUSE OF ACTION ARISES.
YOU ACKNOWLEDGE THAT (I) THE LIMITATIONS ON LIABILITY IN THIS SECTION ARE REASONABLE AND THAT THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN YOU AND US (AND OUR AFFILIATES), AND (II) WE AND YOU HAVE RELIED UPON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO AUTHORIZE YOU TO USE THE SERVICES. THE REMEDIES PROVIDED TO YOU IN THE TERMS ARE EXCLUSIVE. Some states may not allow for these limitations of liability. If you live in one of these states, these limits don’t apply to you, and the maximum liability for any of these violations will be $100.00 in the aggregate for any and all claims.
THE TERMS AND YOUR USE OF THE SERVICES WILL BE GOVERNED BY TEXAS LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES.
You agree that these are the Terms for your use of the Services, and you have not entered into any other agreement related to your use of the Services. We haven’t and don’t create any third party beneficiary rights by the Terms. If we waive or fail to enforce any of the Terms, it doesn’t waive our right to enforce the Terms against you or someone else in the future. You may not assign any rights granted by the Terms to any third party, and any attempt to do so will be null and void. We may assign the Terms to any affiliate, subsidiary, or any acquirer of substantially all of the assets or capital securities of Ethos Estate Planning. If a provision of the Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect, and we will substitute a replacement enforceable term reflecting our intent as closely as possible.
To the fullest extent permitted by applicable law, you release Ethos Estate Planning and the other Ethos Estate Planning Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. To the extent you are a California resident, you expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Dispute resolution and binding arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Ethos Estate Planning and limits the manner in which you can seek relief from us.
You and Ethos Estate Planning agree that any dispute, claim or controversy arising out of or relating to these Terms or to your use of the Services will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Ethos Estate Planning each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Ethos Estate Planning agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of the agreement contained in these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation of this section.
A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Texas and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
Unless you and Ethos Estate Planning agree otherwise, the arbitration will be conducted in Austin, Texas. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Ethos Estate Planning submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Ethos Estate Planning will not have the right to assert the claim.
Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will provide you notice by posting the amended Terms to our Services and updating the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or by providing notice through our Services. Unless we say otherwise in our notice of changes, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services at any time. Without limiting the foregoing, we may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The Services are only intended for use by persons located in the United States. If you choose to access the Services from outside the United States, you do so at your own risk and you are responsible for compliance with all local laws. Additionally, all or part of our Services may be subject to U.S. export control and economic sanctions laws (“Export Controls”). You agree to abide by all Export Controls as they relate to your access and use of our Services.
If you downloaded the Services from the AppleApp Store, the following terms also apply to you:
Premium upgrade bonus offer
Our premium upgrade bonus offer may be valid for existing qualifying users who successfully refer a new Ethos Estate Planning user. The premium upgrade bonus is one Ethos Estate Planning Plus upgrade, when the bonus criteria are met, from our inventory of available incentives for this offer. The Ethos Estate Planning Plus membership is limited to its feature set at the time of the award. Ethos Estate Planning may change the features and pricing of Ethos Estate Planning Plus at any time. The bonus may be awarded for one year or longer at our discretion. Ethos Estate Planning displays the odds of winning the bonus and how the odds improve when certain actions are taken. The potential for winning the bonus will be credited only if the invitation is sent through the Ethos Estate Planning platform. If awarded, the bonus will be credited to the qualified user’s account within one week. Any bonus not claimed within 30 days may expire. The bonus has no cash value. Ethos Estate Planning reserves the right to change the offer terms or terminate the offer at any time without notice. The offer is limited to one per user. The offer is not transferable, saleable, or valid in conjunction with certain other offers and is available to U.S. residents only, excluding Puerto Rico, the U.S. Virgin Islands and other territories. The Company may decline requests to enroll in the offer its our discretion. Other restrictions may apply.
North Carolina customers
The following provisions are applicable to North Carolina residents:
Anti-money laundering (AML)
We strive to monitor, detect, and prevent transactions that may involve fraud, money laundering, terrorist financing, or other illegal activity and to report applicable situations as may be required by law. We reserve the right to deny Service to anyone where we have a reasonable suspicion of violations of any applicable law.
These Terms constitute the entire agreement between you and Ethos Estate Planning relating to your access to and use of our Services. The failure of Ethos Estate Planning to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
Last Updated: Jan 17, 2023