WiziWill Terms of Service and Conditions of Use

Updated February, 2024

Welcome to WiziWill!

Please read the following terms carefully before using the Service so that you are aware of your legal rights and obligations vis-a-vis [WiziWill, Inc.] (“WiziWill”, “we”, “our” or “us”, which include in all cases also our officers, directors, employees, consultants, agents and representatives).

By using WiziWill's website, products or services, you acknowledge that you have read and agree to be bound to these Terms of Service (“Terms”). These Term constitutes a binding agreement between WiziWill and any person or entity opening an account with us (“Customer”, “you”, or “your”). YOU CONFIRM THAT BY USING THE SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

By agreeing to these Terms, you further agree to be bound by all laws and regulations, including the requirement to arbitrate any disputes you have regarding our site and services. Please do not use this website if you do not agree with the Terms of Service. The materials contained in this web site are protected by applicable copyright and trademark law.

An individual entering into these Terms on behalf of its organization/employer, represents that he/she has the right, authority and capacity to act on behalf of the Customer and to bind the Customer to these Terms.

Definitions
In these terms:
“Content” means any text, data, information, reports, files, images, graphics, software code, templates, example content or other content.
“Service(s)” means our platform for creating and updating estate plans wills] offered to end-user Customers, as well as to Customers who are organizations using the Service for use by their end user customers, including and associated application programming interfaces (APIs), software, tools, services, self-help documents, forms, templates and other Content that we make available to you in connection therewith.
“Service Content” means any Content (excluding Customer Content and including the Templates (as defined below)) appearing on or in, or otherwise provided or made available via, the Service. Unless the context requires otherwise, references herein to the “Service” shall be deemed to include the Service Content.
Background
Our Service assists users in connecting and collaborating with their end users (existing customers or potential customers) by inviting them to facilitate the organization of essential personal and family details, tangible and digital assets, and beneficiary designations. End users can input information, scan documents, and outline provisions for their estate plan. The platform provides a secure and structured approach to managing assets and ensuring the proper distribution of resources under the user's specified guidelines and preferences.
Service Access
During the Subscription Term (as defined below), we hereby grant you permission to access and use the Service; provided that you use the Service only for lawful purposes within the stated context of our intended and acceptable use of the Service and comply with these Terms and all applicable laws. If you are an organization using the Service for use by end users, your subscription to the Service is limited to the number of your end users designated during your subscription (“End Users”). Customer shall ensure that such permitted End Users comply with all of the Customer’s obligations under these Terms, and in any event, Customer shall remain liable at all times for any acts and/or omissions of any of its permitted End Users with respect to their performance hereunder. WiziWill may, but is not obligated to, monitor your, and your permitted End Users’ use of the Service. In addition, Customer agrees that WiziWill may monitor the Service from our own systems to ensure quality, improve our products and services, and ensure compliance with these Terms.
Subscription
1. General. Subject to the terms and conditions of these Terms, including without limitation your payment of all applicable Fees (as defined below), WiziWill grants you a limited, non-exclusive, non-transferable, non-sublicensable right and license, during the Subscription Term (as defined below), to access and use the Service for Customer’s end use (“Subscription”). For the avoidance of doubt: (i) the Subscription is subject to whatever usage or consumption limitations and parameters (for example, number of users and available features and functionalities), and you shall not use any technical or other means within, or external to, the Service to exceed or circumvent the Subscription scope. Some features and functionalities may in any event be restricted by geography or otherwise, in order for us to comply with applicable law or commitments to third parties. You acknowledge and agree that your purchase hereunder is not contingent on the delivery of any future functionality or feature, or dependent on any oral or written statements made by or on behalf of WiziWill regarding future functionalities or features.
2. Subscription Restrictions. As a condition to (and except as expressly permitted by) the Subscription, you shall not and shall not allow a permitted End User or any third party: (i) copy, distribute, create public Internet “links” to, “frame”, “mirror” or modify any part of the Service without our prior written authorization; (ii) sell, assign, transfer, lease, rent, sublicense, or otherwise distribute or make available the Service to any third party; (iii) publicly perform, display or communicate the Service and/or modify, adapt, translate, or create a derivative work of the Service; (iv) decompile, disassemble, decrypt, reverse engineer, extract, or otherwise attempt to discover the source code, non-literal aspects, or other underlying components of the Service; (v) remove, alter, or conceal any copyright, trademark, or other proprietary rights notices displayed on or in the Service; (vi) use the Service to develop any platform, service or product that is the same as (or substantially similar to), or otherwise competitive with, the Service; (vii) take any action that imposes or may impose an unreasonable or disproportionately large load on the servers, network, bandwidth, or other cloud infrastructure which operate or support the Service, or otherwise systematically abuse or disrupt the integrity of such servers, network, bandwidth, or infrastructure; (viii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose any Service Content; (ix) store or transmit any robot, malware, Trojan horse, spyware, or similar malicious item intended to damage or disrupt the Service, or use or launch any automated system, including “robot”, “spider”, or any other automated means to access the Service; (x) circumvent, disable or otherwise interfere with security-related features of the Service or features or protocols that prevent or restrict use
  or copying of any content or that enforce limitations on use of the Service; and/or (xi) violate applicable laws or any third party rights.
Account
1. In order to access the Service, you are required to create an account (“Account”) by submitting certain information (such as identification or contact details) requested in the applicable form or interface as part of the registration process. You shall be responsible and liable for maintaining the confidentiality and security of the Account credentials, as well as for all activities that occur under or in such Account, and you may not sell, share, transfer, sublicense or otherwise make the access credentials available to others. You agree not to create an Account for anyone else or use the Account of another without their permission.
2. When creating your Account, you acknowledge and agree: (i) not to exceed the aggregate number of authorized End Users unless you first notify us in writing and if applicable, pay WiziWill the required additional fees; (ii) to provide accurate and complete Account and login information; (iii) to keep, and ensure that End Users keep, all Account login details and passwords secure at all times; (iv) to remain solely responsible and liable for the activity that occurs in connection with your Account; (v) that the login details for each End User may only be used by that End User, and that multiple people may not share the same login details; and (vi) to promptly notify WiziWill in writing if you become aware of any unauthorized access or use of your Account or the Service. You may cancel your Account at any time by using the tools that we make available within the Service or by sending a cancellation request to us at support@wiziwill.com in which case we will use commercially reasonable efforts to respond within a reasonable time. To the maximum extent permitted by law, WiziWill can delete your
  Account at any time in case of fraud, breach of these Terms, or other misuse of the Service.
Templates and Proposals
1. As part of the provision of the Services, WiziWill may provide you with dynamic templates for wills or other related documents, with or without default values created by us (“Will Templates”), as well as non-customized general terms and conditions templates (“T&Cs Templates” and collectively with the Will Templates, the “Templates”) that are intended to be signed and shared with your existing or potential clients, if applicable (“Clients”). Templates should be used as a basis only, and you should adjust, remove or make relevant amendments to the Templates in order to fit your needs. WiziWill hereby grants you a limited, worldwide, non-exclusive, non-sublicensable and non-transferable license to use, share, store, reproduce, transfer and modify the Templates solely for the purposes of the Service.
2. The Templates are provided “as-is” via the Service, and without warranty of any kind. WiziWill maintains no responsibility in relation to such Templates, and use of the Templates, if any, may be made by Customer only at your sole discretion and at your sole risk. Customer in no way is obliged to make use of any kind of the Templates or part thereof. For clarity, WiziWill does not and cannot provide any advice, explanation, opinion or recommendation about possible legal rights, remedies, defenses, options or strategies. Other than the Templates WiziWill provides, WiziWill plays no part in agreements between you and your Clients, and shall have no liability or obligation arising from any interaction, communication, engagement and/or transaction between you and your Clients.
3. The Services may include functionality that allows us to send a link to your Clients on your behalf and according to your instructions, and share a proposal online (whether based on the Templates or not) (“Proposals”). The Clients can then review the Proposal, communicate with the Customer and accept or decline it with a button click. You are solely responsible and liable for the content, nature, frequency, method, and recipients of your Proposals; without limitation, for example, you must ensure that transmission of the links and the Proposal do not violate any laws or regulations (such as those relating to privacy, anti-harassment or anti-spamming) and that all disclosures required by applicable laws and regulations, do not breach any contract to which you are bound, and do not violate the property or confidentiality rights of a third party.
4. In addition, you should notify the Clients that the Proposals may be monitored or tracked. You hereby agree to provide and maintain a legally adequate privacy policy that accurately discloses your practices with respect to the collection, use, and disclosure of personal data, and you must ensure that your privacy policy is available to your Clients (as the case may be) at the moment of Clients’ receipt of the Proposals. You hereby represent and warrant that you (i) have all necessary rights, licenses and/or consents to send Proposals, messages and/or other communications to your Clients; and (ii) comply with all applicable laws in connection with your sending of Proposals, messages or other communications to your Clients. WiziWill shall not be held liable for any inaccuracies, errors,
  omissions, or damages arising from the use or reliance upon any Proposal.
Payment to WiziWill
1. The use of the Service is subject to payment of a fee to be paid in advance by the Customer to activate the Account (“Fee”), which enables the Customer and its End Users to access and use the Service. Upon establishment of an Account, the Customer must select a type of Subscription for the Service, including annual or monthly Subscriptions (each, a “Subscription Type”), and indicate whether it wishes to subscribe to certain features, for which an additional payment may be charged. Different Fees apply to different Subscriptions Types and different terms (i.e. monthly, annually, special features), unless as agreed otherwise with WiziWill.
  WiziWill may, from time to time and at its absolute discretion, offer discounts to the Fees charged or grant free of charge usage of certain Service, on a case by case basis. Any such discounts or free of charge services should not be considered as a permanent offer and the fee that WiziWill charges on a recurring basis is according to the WiziWill’s policy as will be updated from time to. In addition, WiziWill may change the price of the Service and any Subscription Type at any time, and if you have an active Account, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Service before the price change takes effect.
2. All Fees are stated and are to be paid, in US Dollars. All amounts payable under these Terms are non-refundable, non-cancellable, and exclusive of all sales, use, value-added, withholding, and other direct or indirect taxes, charges, levies and duties. For the avoidance of doubt, there are no refunds or credits for periods where the Customer or its End Users did not use an activated Account, used an Account only partially, deactivated an Account, or terminated these Terms during an ongoing payment interval. If, after establishing an Account, a Customer elects to upgrade to a more expensive Subscription Type, the unused portion of any prepaid Fees shall be allocated pro-rata against the Fee to be paid with respect to the upgraded Subscription Type, as agreed with WiziWill and in accordance with WiziWill’s policy. For all versions of the Service, we reserve the right in the future to charge a Fee for features or uses which are currently made available free of charge. Any failure to pay the Fees and other applicable charges may result in you not having access to some or all of the parts of the Service and we reserve the right to temporarily suspend access to the Service or terminate these your Account if you are 14 days or more overdue on a payment.
3. Payments to WiziWill may be processed through certain online payment methods and service providers, such as Paypal and Stripe (“Online Payment Services”). WiziWill may add or change payment methods or such service providers at any time and at WiziWill’s sole discretion. The Online Payment Services enable you to send payments securely online using a credit card, debit card or bank account. WiziWill does not control and are not affiliated with the providers of such Online Payment Services, as each is an independent contractor, neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. The use of the Online Payment Services is at your sole discretion and liability and may be subject to additional terms. It is your responsibility to abide by all the terms specified by the Online Payment Services’ providers in their terms of use and privacy policies. You acknowledge that you are fully assuming the risks of conducting any transactions via the Online Payment Services in connection with our Services
Intellectual Property Rights
WiziWill (and/or its licensors, as applicable) is, and shall be, the sole and exclusive owner of all right, title and interest (including, without limitation, all intellectual property rights) in and to the Service, Service Content, the Service’s data, including, without limitation, the text, software, design, graphics, photos, sounds, videos, interactive features, and services, and all reproductions, corrections, modifications, enhancements and improvements to the Service. If you contact WiziWill with feedback data, whether orally or in writing (e.g., questions, comments, feedback data, reports, suggestions or the like), regarding the Service (“Feedback”), such Feedback shall be deemed the exclusive property of WiziWill, and you hereby irrevocably transfers and assigns to WiziWill all intellectual property rights to the Feedback and waives any and all moral rights or economic rights that you may have in respect thereto. WiziWill is under no obligation to implement any Feedback
it may receive from Customers. WiziWill retains the right to use all publicly published delivered works for WiziWill marketing and promotional purposes.
Third Party Services and Content
1. The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by WiziWill. WiziWill does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Services, you do so at your own risk, and you understand that these Terms and WiziWill's Privacy Policy do not apply to your use of such sites. You expressly relieve WiziWill from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that WiziWill shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
2. WiziWill disclaims any and all liability regarding any third party’s role in any inheritance or estate planning process. WiziWill can make no assurances or guarantees regarding the sophistication or expertise of any third party, and thus does not endorse third party or Affiliate Services as they relate to the Site or
  Services. WiziWill expressly denies any liability associated with a third party or Affiliate’s involvement or influence
Customer Content
1. The Service may permit the submission, uploading and transmitting through, the Service, or otherwise provided or made available to WiziWill, by or on behalf of Customer: (i) documents, data, information, ideas, interactions, text, financial information, notes, logos, trademarks, digital accounts identifying information or other materials provided by you, if any, for use in connection with the Service; (ii) business files of various sorts, and picture formats, photos and documents in specific formats allowed by WiziWill; and (iii) any other content by you, your End Users, and other users in connection with your use of the Service (collectively, “Customer Content”).
2. As a condition to uploading the Customer Content, you shall not, and shall not allow a permitted End User to upload any harmful content, such as fake documents or inappropriate pictures, which are strictly prohibited or submit, store or transmit any robot, malware, Trojan horse, spyware, or similar malicious item intended to damage or disrupt the Service. As between you and WiziWill, you are the exclusive owner of your Customer Content. You are solely responsible for all Customer Content uploaded, entered or otherwise transmitted by you. You warrant, represent and covenant that no Customer Content infringes, misappropriates or violates the rights (including, without limitation, any copyrights or other intellectual property rights) of any person or entity or any applicable law, rule or regulation of any government authority of competent jurisdiction. You represent and warrant that you own or have the necessary rights, consents and permissions and will maintain all ongoing legal bases under relevant privacy laws (if applicable), necessary grant us the licenses herein, and to provide, make available, and otherwise expose Customer Content to us, our affiliates, and the hosting provider (if applicable). You will ensure that you only provide or make available to us personal data or other personally identifiable information if strictly required for you to use the Service. You will ensure, and hereby represent and warrant, that no processing of Customer Content under these Terms (whether by us, our affiliates, or if applicable the hosting provider) will violate any law, proprietary right, or privacy right. Furthermore, the Services may allow you to share Customer Content with your Clients. You must ensure that the transmission of Customer Content does not violate any laws or regulations (such as those relating to privacy, anti-harassment or anti-spamming), and you hereby represent and warrant that you have all necessary rights, licenses and consents to share the Customer Content with your Clients. You are solely responsible for sharing your Customer Content with your Clients and WiziWill maintains no responsibility in relation to such sharing of Customer Content.
3. We reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete or remove any and all Customer Content posted on the Service at any time and for any reason. To the maximum extent permitted by law, WiziWill shall have no liability to you with respect to the Customer Content, including, without limitation, for its accuracy, legality, and quality, for ensuring your Customer Content does not violate any applicable laws or third party rights and liability with respect to any information contained in or apparent from any Customer Content.
4. The Service is not intended to, and will not, operate as data storage or archiving product or service, and you agree not to rely on the Service for the storage of any Customer Content whatsoever. You are solely responsible and liable for the maintenance and backup of all Customer Content and other safeguards appropriate for your needs. You retain all right, title, and interest in and to your Customer Content. To the extent that Customer Content contains any third party data, you hereby warrant to have obtained all required consents from such third party to allow WiziWill to use the Customer Content as set forth on these Terms.
5. By submitting the Customer Content to WiziWill, you hereby grant WiziWill and its affiliates a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicense-able and transferable right and license to use, store, copy, reproduce, process, modify, distribute, prepare derivative works of display, and perform the Customer Content in connection with the Service and WiziWill's business administer and make improvements to the Service (including, to improve the algorithms underlying the Service).
6. Customer acknowledges that in order to provide the Service, WiziWill may analyze the Customer Content by certain materials, products, software or algorithm processing, and gain suggestions, comments, feedback or results through such use (collectively, “Insights”). Customer hereby agrees that WiziWill may use such Insights for commercial and internal business purposes, including without limitation, sharing the Insights with third parties, in order to improve and optimize the Service without any obligation (including payment or reporting obligation) to you.
Analytics Information
Notwithstanding any other provision of these Terms, we may collect, use and publish Anonymous Information relating to you or your End Users’ use of the Service, and disclose it to provide, improve and publicize the Service and for other business purposes. “Analytics Information” means information which does not enable the
identification of an individual, such as aggregated and analytics information. WiziWill owns all Analytics Information collected or obtained by WiziWill.
Privacy
You may not publish or post other people’s private and confidential information. You acknowledge and agree that we will use any personal information that we
may collect or obtain in connection with the Service in accordance with our WiziWill privacy policy available here: www.wiziwill.com/privacy. (“Privacy Policy”).
Disclosure
We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Service, and your use thereof, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including to investigate potential violations of them; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; and/or (v) protect the rights, property or safety of WiziWill, its users or the public.
Warranty Disclaimers
This Section applies whether or not the Service is for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
WIZIWILL IS NOT A LAW FIRM, AND DOES NOT PROVIDE LEGAL ADVICE. WHILE WIZIWILL STRIVES TO ENSURE THAT ITS AUTOMATED SERVICES ARE COMPLETE, THEY ARE INTENDED FOR USE AS SELF-HELP FORMS. THE MATERIALS AND SERVICES ARE NOT SUBSTITUTES FOR THE ADVICE OF AN ATTORNEY. NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED THROUGH THE USE OF WIZIWILL ANY AND ALL COMMUNICATIONS BETWEEN YOU AND WIZIWILL ARE PROTECTED BY OUR PRIVACY POLICY BUT NOT BY ATTORNEY-CLIENT PRIVILEGE.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WIZIWILL DOES NOT GUARANTEE THAT THE SERVICE AND/OR FEATURES PROVIDED UNDER THE SERVICE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SERVICE MAY OCCASIONALLY BE UNAVAILABLE, FOR EXAMPLE, FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT WIZIWILL WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT THAT THE CONTENT AVAILABLE ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE AND/OR THAT THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL CODE.
YOU SPECIFICALLY ACKNOWLEDGE THAT WIZIWILL SHALL NOT BE RESPONSIBLE FOR THE CUSTOMER CONTENT OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL OR NEGLIGENT CONDUCT) OF ANY CUSTOMER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WIZIWILL DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A CUSTOMER CONTENT, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY CUSTOMER CONTENT, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
WIZIWILL MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICE OR TIMELINESS OF THE SERVICE IN MEETING YOUR OBJECTIVES, ESPECIALLY WHEN EFFECTIVENESS DEPENDS ON THIRD PARTIES WHOSE ACTIONS ARE NOT UNDER WIZIWILL'S CONTROL. NO PART OF THE SERVICE OR ANY INFORMATION CONTAINED ON AN ACCOUNT IS INTENDED TO CONSTITUTE ADVICE BY WIZIWILL. WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY RELIANCE PLACED ON THE SERVICE OR THE ACCOUNT, AND THE CONTENTS OF THE SERVICE OR THE ACCOUNT, BY YOU OR ANYONE WHO YOU MAY INFORM OF ITS CONTENTS.
WIZIWILL AND/OR ITS LICENSORS, PARTNERS AND CONTENT PROVIDERS MAKE NO WARRANTY THAT (I) THE TEMPLATES WILL MEET YOUR REQUIREMENTS AND WILL BE ERROR-FREE; AND (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TEMPLATES WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE. WIZIWILL DOES NOT WARRANT OR GUARANTEE ANY CONTENT THAT APPEARS IN THE TEMPLATES AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY TEMPLATES, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT. NO ADVICE AND/OR INFORMATION OBTAINED BY YOU FROM WIZIWILL AND/OR THROUGH YOUR ACCESS TO AND/OR USE OF THE TEMPLATES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WIZIWILL WILL NOT BE LIABLE FOR ANY USE, OUTCOMES OF USE, OR RELIANCE ON THE TEMPLATES, INCLUDING, WITHOUT LIMITATION, ANY CONTRACTUAL ENGAGEMENTS OR OTHER ENGAGEMENTS WHICH THE CUSTOMER MAY ENTER INTO WHILST RELYING ON DETAILS AND INFORMATION INCLUDED IN THE TEMPLATES. WIZIWILL WILL NOT BE LIABLE OR OBLIGATED IN RESPECT OF THE CUSTOMER’S USE OF THE TEMPLATES AND SUCH USE IS ENTIRELY AT THE CUSTOMER’S OWN RISK. THE CUSTOMER HEREBY WAIVES ANY CLAIMS RELATED TO ITS USE OF THE TEMPLATES AND ANY OUTCOMES THEREOF.
WiziWill does not provide tax advice of any type or for any purpose. Any information regarding taxes in any communication from WiziWill is intended only for general education and is not to be construed or relied on as tax advice. Although WiziWill does not provide any tax advice, we do provide this disclosure to comply with requirements imposed by the Internal Revenue Service under Circular 230: "We inform you that any U.S. federal tax advice contained in any communication from WiziWill is not intended or written to be used, and cannot be used, for purposes of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing, or recommending to another person any matters addressed therein."
No Financial Advice
WiziWill does not provide any financial advice of any type, for any purpose. Any financial information presented through the site or services is intended for educational purposes only, and is not to be construed as or relied upon as financial advice. WiziWill is not responsible for, and makes no guarantee regarding the accuracy or validity of any financial insights offered through a third party integration on our website. For example, our product may allow for integration with home ownership data, including estimated value of your real estate. WiziWill cannot guarantee the accuracy of any data provided through a 3rd party integration on our website. Any graphics or content presented within the WiziWill tools and services regarding your financial assets is intended solely for informational purposes, and
may not represent an accurate picture of your finances or financial health.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WIZIWILL (INCLUDING ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES AND AGENTS) SHALL NOT BE LIABLE FOR (I) ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES; (II) ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, OR WASTED EXPENDITURE; AND/OR (III) ANY LOSS OF, OR DAMAGE OR INTERRUPTION TO, DATA, NETWORKS, INFORMATION SYSTEMS, REPUTATION, OR GOODWILL, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF WIZIWILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WIZIWILL (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES AND AGENTS) FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO WIZIWILL FOR USING THE SERVICES DURING THE 6 MONTHS PRIOR TO BRINGING THE CLAIM. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Indemnity
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless WiziWill and our affiliates, respective officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Service and/or features provided under the Freemium Subscription; (ii) your Customer Content (including sharing Customer Content with third parties); (iii) your interaction with any Service customer; and/or (iv) any breach of these Terms, any violation of applicable laws and/or any infringement, misappropriation or breach of third party rights.
Term and Termination
These Terms shall become effective on the date that you commence access to or use of the Services and, unless terminated in accordance herewith, shall continue for the duration of the Subscription Term (“Term”). Upon expiration of the Subscription Term specified in each Subscription Type (“Initial Subscription Term”), the Subscription shall automatically renew for successive renewal terms of equal length of 1 month or year (depends on your Subscription Type) (each a “Renewal Subscription Term”, and together with the Initial Subscription Term, the “Subscription Term”), unless either party gives the other notice of non-renewal at least 30 days in case of a monthly Subscription, and 60 days in case of a yearly Subscription, before the end of the relevant Subscription Term.
The Fees during any such renewal term shall be subject to WiziWill’s pricing system and according to your Subscription Type, all as further detailed on WiziWill’s website. If you continue to access or use the Service past any Subscription Term renewal date, you shall be deemed to have renewed your Subscription to the Service for the corresponding renewal period and shall be liable to pay all applicable Fees in connection with such renewal period. To the maximum extent permitted by law, WiziWill, in its sole discretion, has the right to discontinue or modify any aspect of the Service and/or terminate these Terms and/or your access to the Service, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). WiziWill shall not be liable to you or any third party for termination of the Service, or any part thereof. If you object to any term or condition of these Terms, or any subsequent
modifications thereto, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
Effect of Termination
Upon termination of these Terms for any reason: (i) the Subscription shall automatically terminate; (ii) you shall cease all access and use of the Service; and (iii) you shall pay any outstanding Fees and other charges that accrued as of termination, which shall become immediately due and payable. Unless otherwise stated in these Terms or any other agreement between the parties or required under applicable law, termination shall not give rise to any refund. You acknowledge that following termination you will lose all access to the Service and to any data that we may be stored on your behalf, including access to any Customer Content. It is your responsibility to download your data prior to canceling your Account or any termination of these Terms. Notwithstanding the foregoing, for a period of 30 days from the effective date of termination of these Terms, we will provide you, upon your written request, with a reasonable opportunity to download your data at a time nominated by us. We reserve the right to permanently delete from our (or our third party service provider’s) servers any data that may be contained in your Account at any time following said 30 day period. We do not accept any liability for any termination of the Service or data that is deleted in connection thereto. Sections 8-17 shall survive termination of these Terms.
Suspension
We reserve the right to temporarily suspend access to the Service: (i) if we deem such suspension necessary as a result of your breach of the Subscription ; (ii) if we reasonably determine suspension is necessary to avoid material harm to us, to our other customers, or to the Service (for example, if the Service’s cloud infrastructure is experiencing denial of service attacks or other attacks or disruptions outside of our control); and/or (iii) as required by law or at the request of governmental entities.
DMCA notice
We respect content owner rights and it is WiziWill's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify WiziWill's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: (i) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (ii) Identification of the copyrighted work that you claim has been infringed; (iii) Identification of the material that is claimed to be infringing and where it is located on the Services; (iv) Information reasonably sufficient to permit WiziWill to contact you, such as your address, telephone number, and, e-mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; (vi) a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to the following: DMCAAgent@wiziwill.com.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEY'S FEES.
Please note that this procedure is exclusively for notifying WiziWill and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with WiziWill's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, WiziWill has adopted a policy of terminating, in appropriate circumstances and at WiziWill's sole discretion, Customers who are deemed to be repeat infringers. WiziWill may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Assignment
These Terms, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by WiziWill without restriction or notification. Any prohibited assignment will be null and void. Subject to the provisions of this Section, these Terms will bind and inure to the benefit of each party and its respective successors and assigns.
Modification
To the fullest extent permissible by law, we reserve the right, at our discretion, to modify and replace any information, specifications, features or functionalities of the Service (but not material functionalities to which you are entitled under the Order, unless it improves the material functionality), as well as any user interface, of the Service. WiziWill may from time to time update or revise these Terms. If WiziWill updates or revises these Terms, WiziWill will post the updated or revised Terms on the website or by any other manner chosen by WiziWill in its commercially reasonable discretion. Such change will be effective 15 days following the foregoing notification thereof, and your continued use of the Service thereafter means that you accept those changes to these Terms as updated or revised. You can view the most current Terms on our website. It is your responsibility to review the Terms periodically and we encourage you to do so.
General
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in New York City, New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that WiziWill may seek injunctive relief in any court of competent jurisdiction.
These Terms, and any other legal notices published by us in connection with the Service, shall constitute the entire agreement between you and WiziWill concerning the Service. In the event of a conflict between these Terms and any of the foregoing, the terms of these Terms shall prevail. No amendment to these Terms will be binding unless in writing and signed or otherwise executed by WiziWill.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Except as may be specified otherwise in these Terms, all notices, consents or other communications provided for in connection with these Terms shall be in writing and shall be deemed given as follows: (A) when received, if personally delivered; (B) the second business day after mailing, when mailed via registered or certified mail with postage prepaid and return receipt requested; (C) upon delivery confirmation, when delivered by nationally recognized overnight delivery service (“Courier”); or (D) the first business day after sending by email. Notices by Customer to WiziWill must be given by Courier or registered mail, together with an email copy,

Last updated: February, 2024