(Last Updated: February 21, 2019)
Hi there! We’re so excited you’re using Qwill to plan your estate – we think you’re going to love it. Before you get started, please read these Terms of Service (the “Terms”) carefully as it is a contract between you and Qwill Inc. (“Qwill“, “we“, “us“, or “our“) that governs your access and use of (i) the Qwill mobile application (the “App”); (ii) the Qwill website located at qwill.io; and (iii) any written or electronic materials or features provided or made available by Qwill (the “Qwill Services”). Your use of the Qwill Services constitutes your consent to this agreement. If you don’t agree with these Terms, please don’t register for or use our Services. By using the Qwill Services, you expressly confirm that you are of legal age to enter into this agreement.
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Changes and Modifications to These Terms We reserve the right to modify these Terms at any time. If we make any material changes to these Terms, we’ll notify you both within the App and by email to the address associated with your account. We’ll also always post the most current version of these Terms at http://www.qwill.io/terms-of-service/. If you don’t accept our changes, you must stop using the Qwill Services and cancel your account by emailing us at email@example.com. By continuing to use our Services after we publish or send a notice about our changes, you’re consenting to our updated Terms.
Qwill Is Not a Law Firm and Does Not Provide Legal Advice Qwill is NOT a law firm and does not provide legal advice – at no point is there an attorney-client relationship formed between us. Rather, Qwill is an online service that provides legal forms, legal information, and the storage of legal documents and other estate-related data. Our Services are meant to provide clarity and transparency during the estate planning and distribution process, i.e. to help clarify your wishes for those validating the contents of your will. Qwill isn’t a substitute for the advice of an attorney. While Qwill provides access to automated software that generates form or template documents, we do not review any of your documents or information for legal sufficiency or seek to apply the law to the facts of your individual situation. Nor are we able to draw legal conclusions, or provide legal advice, opinions, or recommendations about your legal rights, remedies, defenses, or options. Qwill strives to keep the information and other resources available through our Services accurate and current, but cannot guarantee that it is correct, complete, or up to date. The law changes rapidly, may be subject to different interpretation by different courts, and may vary from jurisdiction to jurisdiction. As the law is a personal matter, no general form, tool, or resource can address every circumstance. If at any time you need legal advice for a specific problem, you should consult a licensed attorney in your area. As such, by using our Services, you explicitly acknowledge and agree with the below:
- Qwill is an online service that provides access to automated “fill in the blank” templates and the generation of form documents. Qwill is not a law firm and does not provide legal advice. There is no attorney-client relationship formed between you and Qwill (and/or any of Qwill’s directors, officers, employees, advisors, contractors, agents, or affiliates) at any time. Any information you choose to provide to us is not protected under the attorney-client privilege, and the documents generated using Qwill’s Services are not considered attorney work-product.
- Qwill’s Services are not a substitute for the advice of an attorney. Depending on the circumstances, your personal situation may involve difficult or complex questions of fact or law that require consultation with an attorney. Qwill is incapable of – and not responsible for – identifying the situations in which legal representation may be recommended or necessary for planning your estate. It is your obligation and responsibility to determine whether to seek legal advice from an attorney.
- Though Qwill’s Services allow you to generate “fill in the blank” form legal documents, you are solely responsible for verifying the accuracy of the information that you provide and reviewing the documents that are generated for accuracy and completeness. You are also responsible for properly executing the legal documents you create. Without proper execution (in accordance with the laws of your applicable jurisdiction), your documents may not be legally valid or enforceable. Qwill is not responsible for following up, checking on your progress, or ensuring that you have properly executed your documents.
- Due to the constantly changing nature of the law and the variance in the laws of different jurisdictions, Qwill cannot guarantee that the information or documents provided through our Services is current or correct, or will be enforceable or valid in all states. You are solely responsible for determining whether the documents you create and/or generate through Qwill’s Services are in compliance with the laws, regulations, and rules of your applicable jurisdiction.
- Your nominations for Legal Guardian(s) and Executor(s) must be approved by the court. Though your choices may be given consideration and deference, it is ultimately the court that will determine who to appoint. It is up to you to determine whether your nominations meet the requirements for court approval and/or to seek legal advice as to how best make an appropriate nomination.
- The provisions contained within your estate planning documents may result in financial and/or tax consequences for your estate, including for your heirs, beneficiaries, representatives, and agents, as well as for those you nominate as executors and guardians. It is up to you to determine your rights and obligations under state and federal law, to determine whether to seek advice from a legal or tax professional regarding any financial and/or tax implications, and to inform any relevant third parties (i.e. your heirs, beneficiaries, representatives, agents, and nominated executors and guardians) of any potential rights or obligations. Qwill does not – and cannot – provide financial or tax advice to you, or to your heirs, beneficiaries, representatives, agents, and nominated executors or guardians.
If you do not agree with any or all of the above provisions, you cannot use the Qwill Services and must cancel your account by emailing us at firstname.lastname@example.org. Billing Qwill offers both free and paid Services. If you elect to become a paid subscriber (awesome!), you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. If you subscribe to one of our annual subscription services, we will automatically bill you from the date you sign up for a paid subscription and on each periodic renewal until cancellation. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your account. Qwill may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. If the pricing of your current subscription changes, you will be notified and it will come into effect at the start of your next billing cycle. You authorize Qwill (and/or its agents, including third party payment processors) to charge your credit card for all fees and charges incurred in connection with your use of the Services, including Qwill’s fees, government fees, taxes and other third party fees. No refunds: Paid subscribers are able to cancel their account at any time. However, no refunds will be provided for any unused portion of prepaid Services.
Termination of Account We’ll be sad to see you go, but you’re free to cancel and/or stop using your Qwill account at any time. To cancel your account, please email us at email@example.com. If you manage your subscription through Apple’s App Store, you may also follow Apple’s internal process to cancel your subscription. Further details regarding managing your subscription through Apple can be found here:https://support.apple.com/en-us/HT202039. We also reserve the right to suspend or terminate your Qwill account – with notice to you – if any of the following occurs:
- You’re in breach of these terms, including our Acceptable Use Policy, or
- You’re using the Services in a manner that would cause a real risk of harm or loss to us or other users.
We hope it doesn’t come to this, but we may terminate or suspend access to your account without notice if:
- You’re in material breach of these Terms,
- Providing notice would cause legal liability or compromise our ability to maintain Services for our users, or
- We’re legally prohibited from doing so.
Take Your Content With You Upon the termination of your subscription, you’ll continue to have access to the Content you’ve stored on the App for sixty (60) days. If you’d like to export your Content from the App, you must submit a request to us here at firstname.lastname@example.org within that time. After that time, you will no longer be able to access or retrieve your Content, and we will have no obligation to store or maintain your Content.
Discontinuation of Services We may decide to discontinue our Services, or change or stop certain features of our Services, at any point, whether due to business or other unforeseeable circumstances. If we do so, we’ll give you reasonable advance notice so that you have the opportunity to export your Content from our systems. If we discontinue our Services before the end of any fixed or minimum term that you’ve already paid for, we’ll refund a portion of the fees that you’ve paid but for which you haven’t received Services.
Acceptable Use Policy We trust you not to misuse our Services. You agree you will not, nor will you encourage or assist others to, harm the Services or use the Services to harm others. You must not:
- Probe, scan, or test the vulnerability of any system or network;
- Breach or otherwise circumvent any security or authentication measures;
- Access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to;
- Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
- Access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
- Send unsolicited communications, promotions or advertisements, or spam;
- Send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- Circumvent storage space limits;
- Sell the Services unless specifically authorized to do so;
- Upload or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;
- Violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, or misleading; or
- Violate the privacy or infringe the rights of others.
Qwill is For U.S. Users Only We’re local (for now). That means Qwill’s Services are controlled and operated from within the United States and are only meant for users located in the United States. Qwill makes no representation that the Services are appropriate for or available for use in any other jurisdiction. You may not use these services if you are a resident outside of the United States. Unless otherwise explicitly stated, all materials within the Services are solely directed to individuals, companies, or other entities located in the United States.
Third Party Services From time to time, our Services may contain features and functionalities linking you or providing you with access to third party content or services, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. The use of such features and functionalities may require that you provide your information to these third parties. We may also provide information regarding third parties (including third party websites) and some third party content to you as part of the Services. We are not, however, responsible for anything on a third party site or any third party content you may gain access to when using the Services, and you waive any claims against us with respect to such sites and third party content. Qwill shall have no liability, obligation or responsibility for any correspondence, purchase or promotion between you and any third party, and you should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. Should you incur any potential or actual liability resulting from your use of any third party services, we will not be responsible unless the problem was the direct result of our negligence or the breach of any agreement between us and you.
Proprietary Rights Qwill or its licensors own and reserve all right, title and interest in and to the Services and all hardware, software and other items used to provide the Services, other than the rights explicitly granted to you to use the Services in accordance with these Terms. No title to or ownership of any proprietary rights related to the Services is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Qwill. In the event that you provide comments, suggestions and recommendations to Qwill with respect to the Services (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Services) (collectively, “Feedback”), You hereby grant to Qwill a world-wide, royalty free, irrevocable, perpetual license to use any Feedback in connection with the Services.
Confidentiality You acknowledge that you may obtain proprietary information of Qwill (“Proprietary Information”). Such Proprietary Information shall belong solely to Qwill and includes, but is not limited to, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, marketing and financial information, plans and data. In regard to this Proprietary Information: You shall not use (except as expressly authorized by these Terms) or disclose Qwill’s Proprietary Information without our prior written consent unless such Proprietary Information becomes part of the public domain without breach of these Terms. You agree to take all reasonable measures to maintain the Proprietary Information in confidence. If you are an organization, you will disclose the Proprietary Information only to those of your employees and consultants as are necessary for the use expressly and unambiguously authorized hereunder, and only if such employees and consultants are bound by confidentiality obligations no less restrictive than those herein. You shall not, without our prior written consent, disclose or otherwise make available any of the Proprietary Information or copies thereof to any third party.
No Warranty or Conditions Though Qwill strives to provide you with great Services, there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, QWILL MAKES NO REPRESENTATIONS OR WARRANTIES (EITHER EXPRESS OR IMPLIED) ABOUT ITS SERVICES AND PROVIDES ITS SERVICES “AS IS.” QWILL DOES NOT GUARANTEE THAT ITS SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Indemnification You and your estate, including your legal representatives, heirs, and beneficiaries, to the extent permitted by law, agree to defend, indemnify and hold harmless Qwill and its directors, officers, employees, contractors, advisors, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Services, including any data, documents, files, or content generated, created, transmitted, or received by you; (ii) your violation of any term of these Terms of Service, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your Content or any that is submitted via your account; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code.
Limitation of Liability WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO, AND THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. IN JURISDICTIONS WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, QWILL IS NOT LIABLE FOR: ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT), HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF QWILL HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW, WE LIMIT OUR LIABILITY TO YOU AND/OR YOUR ESTATE (INCLUDING YOUR LEGAL REPRESENTATIVES, HEIRS, AND BENEFICIARIES) TO THE GREATER OF $40 USD OR 100% OF ANY AMOUNT YOU’VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH QWILL.
Dispute Resolution and Controlling Law and Jurisdiction: First, Let’s Try To Work Things Out. Whenever possible, we want to address your concerns before (and without) the expense and hassle of litigation. Before filing a claim against Qwill, you agree to try to resolve the dispute informally by contacting us at email@example.com. We’ll try to resolve the dispute informally by contacting you via email. If we cannot reach a resolution within 21 days of submission, you or Qwill may bring a formal proceeding. Judicial forum and law for disputes. You agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of San Francisco County, California, and will be governed by California law, subject to the mandatory arbitration provisions below. Both you and Qwill consent to venue and personal jurisdiction in such courts. We Both Agree To Arbitrate. You and Qwill agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity. For the purposes of this arbitration provision, “You” includes your respective heirs, representatives, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of your Qwill account and/or your usage of Qwill’s services or products (including legal representatives, heirs, and beneficiaries named in any estate planning document). Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in San Francisco (CA), or any other location that both parties agree to. Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. Qwill will pay all individual arbitration fees for claims less than $75,000. Qwill will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. Exceptions to Agreement to Arbitrate. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Francisco County, California to resolve your claim. Class Action Waiver. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.
We are sorry to do this to you, but Apple makes us state the following:
Apple App Store Terms and Conditions. You acknowledge and agree that the availability of the Apps as native applications on mobile phones and tablets is dependent on the third party from which you received the Apps (“App Store”), e.g., the Apple App Store or Google Play Store. You acknowledge that these Terms and Conditions are between you and Qwill and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the Apps from it. You agree to comply with, and your license to use the Apps is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store. The following additional terms and conditions apply to you if you are using Apps from the Apple App Store. To the extent the other Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to Apps from the Apple App Store.
- Acknowledgement: Qwill and you acknowledge that Terms and Conditions are concluded between Qwill and you only, and not with Apple, and Qwill, not Apple, is solely responsible for the Apps and the content thereof. To the extent these Terms and Conditions provide for usage rules for the Apps that are less restrictive than the Usage Rules set forth for the Apps in, or otherwise is in conflict with, the Apple App Store Terms of Service, the more restrictive or conflicting Apple term applies.
- Scope of License: The license granted to you for the Apps is limited to a non-transferable license to use the Apps on an iOS product that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
- Maintenance and Support: Qwill is solely responsible for providing any maintenance and support services with respect to the Apps, as specified in these Terms and Conditions (if any), or as required under applicable law. Qwill and you acknowledge that the Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps.
- Warranty: Qwill is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apps to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Qwill’s sole responsibility.
- Product Claims: Qwill and you acknowledge that Qwill, not Apple, is responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Apps fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. These Terms and Conditions do not limit Qwill’s liability to you beyond what is permitted by applicable law.
- Intellectual Property Rights: Qwill and you acknowledge that, in the event of any third party claim that the Apps or your possession and use of the Apps infringes that third party’s intellectual property rights, as between Qwill and Apple, Qwill, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Name and Address: Qwill’s contact information for any end-user questions, complaints or claims with respect to the Apps is set forth in Qwill’s Terms of Service.
- Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the Apps.
- Third Party Beneficiary: Qwill and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions, and that, upon your acceptance of the terms and conditions of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof
Entire Agreement These Terms constitute the entire agreement between you and Qwill with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms shall be binding upon, and inure to the benefit of, of the respective parties hereto (you and Qwill), and their successors, heirs, executors, representatives, and assigns. No third party rights are created under this Agreement.