Willful's Terms of Service
Last updated April 2020
- We are not a law firm and do not provide legal advice
- Payment for Service
- Keeping your data current
- Limitation of liability
- Intellectual property rights
- Grant of limited license
- Protection of Site
- Registration and password
- Physical device security
- Limitations on use
- Links to third-party sites
- No warranties
- Governing law
- Waiver of class actions
Thank you for deciding to use Willful, a service provided by Final Blueprint Inc., located at 488 Wellington St. W Suite 204 Toronto, ON M5V 1E9 and at 1-888-213-0516. We have prepared the following so that You understand the uses and limitations of our Services (defined below). Please read the following terms and conditions (hereinafter referred as the “Terms”) carefully, as they contain important information regarding your use of the Service. These Terms affect your legal rights, remedies and obligations. By accessing or using the Service, you acknowledge that you have read, understand and agree to be bound by these Terms. By agreeing to these Terms, which is a pre-condition of your subscription to the Service, You are confirming your acceptance of the Terms. If you do not agree to these terms. In whole or in part, then you are not permitted to use the Service.
YOU AGREE THAT BY USING THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
2. We are not a law firm and do not provide legal advice
We offer an online will service called Willful ( the “Service" “Services” or “Willful”) through the website located at willful.co (the “Site”). WILLFUL IS NOT A LAW FIRM AND DOES NOT PROVIDE ANY LEGAL ADVICE. The Service allows the End User to create a will online using self-service “fill in the blank” forms and Power of Attorney documents online. If you buy or download a form or document from the Site, you understand that your purchase, download and/or use of a form document is neither legal advice nor the practice of law. Our Services do not substitute the advice of a lawyer and your specific needs or situation may require legal advice. If your matter is too complex to be addressed by our Service, you need to consult a licensed lawyer and you should not use our Services.
We may also provide additional services that you may elect to purchase, such as a subscription to store and make changes to your documents or a premium subscription with access to additional features (the “Optional Services”). The details of these Optional Services will be disclosed on the Site. The Basic Service may also include the ability to store and make changes to your documents depending on the particulars of your package. The Basic Service and any Optional Services are referred to collectively as the “Service” or the “Services”.
AT NO TIME IS A LAWYER-CLIENT RELATIONSHIP OR ANY SPECIAL RELATIONSHIP CREATED BETWEEN YOU AND US WHEN USING OUR SERVICES. ANY INFORMATION YOU PROVIDE US IS NOT PROTECTED BY LAWYER-CLIENT PRIVILEGE. YOU ARE AND WILL BE REPRESENTING YOURSELF IN ANY MATTER YOU UNDERTAKE USING THE SERVICE.
We provide online tools and materials to assist you with the preparation, execution and storage of your own legal documents and related information. We strive to keep the documents and other materials available through the Services, including any descriptions, information and other help resources (collectively, the “Document Materials”) current and up-to-date; however, they are not legal advice and, due to rapidly changing laws and regulations from jurisdiction to jurisdiction, our documents are not guaranteed to be correct, complete or up-to-date and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind we provide can fit every circumstance. We do not review the Document Materials or any information you input for accuracy or legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation. You understand that our providing of the Services to you is neither legal advice nor the practice of law, and that the Document Materials, while tailored to the inputs you have given in the online form, are not customized to your particular needs. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed lawyer in your area.
If, prior to your use of any legal document, you believe that we gave you any legal advice, opinion or recommendation about your legal rights, remedies, defenses, options, selection of forms or strategies, you must not use these documents, and any use of these documents is done at your own risk.
YOU UNDERSTAND THAT WILLFUL DOES NOT REVIEW ANY DOCUMENTS WHICH ARE GENERATED FROM YOUR USE OF THE SERVICE AND THAT ANY WILLFUL ERROR MITIGATION PROCESS IS AN AUTOMATED PROCESS THAT IS LIMITED TO APPLYING A LOGIC TO PROMOTE COMPLETENESS, CAPITALIZATION OF NAMES, AND TO LIMIT THE STATED ALLOCATION OF YOUR ESTATE TO 100%. IT IS ON A COMMERCIALLY REASONABLE EFFORT BASIS. YOU WILL READ THE FINAL DOCUMENT(S) BEFORE SIGNING THEM AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).
3. Payment for Service
Fees for the Basic Service, in the amount as stated on the Site and any applicable taxes (hereinafter referred to as “Basic Service Fees”), will be processed at the time you checkout. Once payment is processed, you will be able to view, download or email your Willful documents. We may change the Basic Service Fees at any time and from time to time without prior notice or with such notice as required by applicable law.
Payment processing services for the Basic Service are provided by Stripe and are subject to the Stripe Services Agreement. By agreeing to these terms or continuing to operate as a customer on Willful, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of using payment processing services through Stripe, you agree to provide accurate and complete information, and you authorize us to share this information and transaction information related to your use of the payment processing services provided by Stripe.
Fees for any Optional Service, in the amount as stated on the Site and any applicable taxes (hereinafter referred to as “Optional Service Fees”), will be processed at the time you checkout and will be subsequently charged as disclosed on the Site. We may change the Optional Service Fees at any time and from time to time without prior notice or with such notice as required by applicable law.
Payment processing services for Optional Services maybe provided by a payment service provider as disclosed on the Site and will be subject to the service agreement of that payment processor. By agreeing to these terms or continuing to operate as a customer on Willful, you agree to be bound by the service agreement of that payment processor, as the same may be modified by that payment processor from time to time. As a condition of using payment processing services through such payment processor, you agree to provide accurate and complete information, and you authorize us to share this information and transaction information related to your use of the payment processing services provided by such payment processor.
You may notify us of your intent to cancel any Optional Service at any time and your cancellation will become effective at the end of your current billing period or as soon as possible at your option. You will not receive a refund for the remainder of the term. Although we do not normally provide refunds or credits for the Basic Service or any Optional Services, we do reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
4. Keeping your data current
Notifications to the End User will be emailed to the email address you provide to us. We will use the most recent data that You provide to Us. Failure to update contact details may result in inability to effectively notify Users or may result in sending notifications to an out of date party.
5. Limitation of liability
WE WILL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR FROM ANY CONTENT POSTED ON THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. OUR MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO USE THE SERVICE.
You, on behalf of yourself and your successors, hereby release, indemnify, and hold Us, as well as our contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties harmless from and against any and all liabilities, claims, damages, costs and expenses, including legal fees and court costs for third party claims, demands, requests, investigations, and proceedings, relating to or arising from your use of the Service or any violation of these Terms by you.
7. Intellectual property rights
The Site and Services, including all content, is the exclusive property of Final Blueprint Inc. and is protected by Canadian and worldwide copyright and trademark laws. Final Blueprint Inc. retains all rights in the Services, including, without limitation, software, images, texts, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music or any user content. By using the Site and Services, You agree to comply with copyright and trademark laws worldwide. You may not modify the content, or reproduce, display, distribute, lease, sell, create derivative works based (in whole or in part) on all or any part of the Service or any materials made available through the Service or otherwise use any of the material in any way for public or commercial use unless expressly authorized in writing by Final Blueprint Inc. You may not copy, imitate or use in any manner any text, graphics, images, button icons, company name or logo contained on the Website unless expressly authorized to do so by us.
Willful is a software program that You can access through a personal account via a password protected website. Except as permitted by law, You may not use this software for any purpose, other than those set out within these Terms. You may not attempt to decipher, decompile, disassemble or reverse engineer any of the components of this software, in whole or in part.
8. Grant of limited license
Subject to your compliance with the terms and conditions of these Terms of Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as designed and as set forth in these Terms of Service. We reserve all rights not expressly granted herein in the Services and the Content (as defined below). We may terminate this license at any time for any reason or no reason.
Subject to the other provisions of these Terms of Service, We grant you permission to download, view, copy and print documents on any single, stand-alone computer or device solely for your personal, informational, non-commercial use. You agree that you will not download, view, copy, print, replicate or modify any documents downloaded from Willful in whole or part other than signing and witnessing, as outlined on each document’s instructions page or in the course of making a document accurate or effective for your actual individual use of the document for the purpose for which that kind of document exists. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Service. On any such termination, you agree to immediately destroy any downloaded or printed documents and to cease using the service. Any unauthorized use of any documents contained on the Site or available through the Services may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
9. Protection of Site
You may not use the Site in any manner that could damage, disable, overburden or impair it or its application in any way. You may not upload, post or otherwise transmit any materials on this Website that would negatively impact the functioning of this Website, including but not limited to, computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs. You may not use any process or program to monitor, copy, summarize or otherwise extract information from the Service. Violations of system and network security may result in civil or criminal liability.
Should We deem You, in our sole discretion, to be in breach of paragraph 9, We will terminate your use of the Service indefinitely, with no financial liability or recourse to You.
We will use best efforts to implement measures to avoid and eliminate all viruses/ harmful mechanisms.
10. Registration and password
When You create an account with Willful, your email address and other personal information is required upon your registration. The information You input must be your own and You may not use another person's personal information to access the Service. You may not register an email address which You do not own or for which You do not have the express permission of the owner to use.
When You create an account with Willful, You are required to provide a password. You may not share your password with any third party for any unauthorized or unlawful purpose or use. You agree to immediately notify us of any unauthorized uses made on your Willful account. We bear no responsibility or liability whatsoever, for any harm or injury that may arise from a third-party gaining access to your password, for any reason.
You may change your password as frequently as You deem necessary. You are solely liable and responsible for any loss, damage, harm or other injury which may arise from the unauthorized use of your username and/or password by a third party. We do not limit the number of times You may change your password. We strongly recommend that You change your password periodically. We also strongly recommend that You use a strong password (e.g. choosing a password of appropriate length, include capital and lower-case letters, numbers, punctuation marks) and that this password for your Willful account is unique and not one that You use for other services. The onus to change your password and to protect the confidentiality of your password rests solely on You.
11. Physical device security
Your Willful account may be accessed via the Site, through a desktop, a smartphone or tablet (your “Device”). You are solely responsible for safeguarding your Device and any access to that Device. The responsibility to keep your account secure from unwanted individuals rests solely with You. We assume no responsibility or liability for any account access through any unauthorized access through a Device.
By subscribing to the Service, the End User acknowledges and consents to us using the information collected from the End User in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA).
The content of documents generated through your use of the Service are intended for your use. In order to be a binding legal document, a will or Power of Attorney must be created by the individual to whom it relates. You cannot create a will or Power of Attorney on someone’s else’s behalf. If You sign up for an account with Willful, it is because You want to generate these documents for yourself. We do not review the content of the will expressed by subscribers and the Service serves simply as a repository. As such, we do not endorse the views or wishes expressed in the wills nor do we take any responsibility for any actions taken as a result of the expressed wishes.
We will share your personal information with any law enforcement or government agency should we be required to do so by law.
13. Limitations on use
You agree and acknowledge that You will use the Service only for its stated purposes and in a lawful manner. You agree that You will not use Willful in any manner whatsoever, or for any purpose whatsoever, that is harmful to You or to others, or which could be construed as harassment, intimidation or a violation of the privacy rights of others.
14. Links to third-party sites
The Site may contain links to third party resources and businesses on the Internet, called here "links" or "Linked Sites." Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. We do not sponsor and are not legally associated with any third party "linked sites." We are not legally authorized to use any trade name, registered trademark, logo, official seal or copyrighted material that may appear in the link.
We do not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. We are not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third-party sites.
If you use any service provided on a Linked Site, (a) We will not be responsible for any act or omission of the third party, including the third party's access to or use of your customer data and (b) We do not warrant or support any service provided by the third party.
15. No warranties
You specifically acknowledge and agree that your use of the Service is at your own risk and that the Site and the Service are provided on an “as is”, “as available” and “with all faults” basis. Final Blueprint Inc., its officers, directors, employees, and agents disclaim to the maximum extent permitted by applicable law all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Final Blueprint Inc., its officers, directors, employees, and agents make no representations or warranties about (i) the accuracy, completeness, or content of the Site and Service, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to the Service, and/or (iii) the Service found at the Site or any sites linked (through hyperlinks, banner advertising or otherwise) to the Site, and We assume no liability or responsibility for same. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY FINAL BLUEPRINT INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTRE OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE SITE OR THE SERVICE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of the Site or the Service.
16. Governing law
These Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to conflict of laws provisions or principles. To the fullest extent permitted by applicable law, each of the parties hereto irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario located in Toronto, Ontario.
These Terms shall be governed by and interpreted in accordance with the laws of the province in which you reside and the federal laws of Canada applicable therein. In the event of a dispute, you agree that the courts in the province where you reside are competent to hear such dispute and you agree to be bound by any judgment of that court.
17. Waiver of class actions
To the fullest extent permitted by applicable law, the parties agree that any dispute arising out of or in connection with the Service for these Terms shall be resolved by individual court action. For clarity, to the fullest extent permitted by applicable law, You hereby waive any right You may have for any dispute arising out of or in connection with the Service or these Terms to be arbitrated or litigated as a class action proceeding or on a consolidated basis, or on bases involving disputes brought in a purported representative capacity.
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Willful.
Neither Willful nor you (each, a “Party”) shall be liable to the other for any failure to perform any of its or your obligations under these Terms during any period in which such performance is delayed by circumstances beyond its or your reasonable control, such as fire, flood, war, embargo, strike, epidemic, pandemic, riot, terrorism, or the intervention of any governmental authority (a “Force Majeure”). In such event, however, the delayed Party must promptly provide the other party with written notice of the Force Majeure. The delayed Party’s time for performance will be excused for the duration of the Force Majeure.
If any provision herein is held to be invalid or unenforceable to any extent, then such provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent.
Headings in these Terms are for convenience of reference only and shall in no way affect interpretation of such Terms.
In the event that any provision of these Terms is deemed to be void or unenforceable in whole or in part, it shall not affect or impair the validity of any other provisions of the Terms.
All provisions contained within these Terms shall constitute the entire agreement. No provision shall be removed without the prior written consent from Final Blueprint Inc.
All provisions contained within these Terms shall constitute the entire agreement. No provision shall be removed without the prior written consent from Final Blueprint Inc.
Should You not be able to access your account, You will need to contact Willful at firstname.lastname@example.org for assistance.