SIMPLYTRUST — TERMS OF SERVICE

1. Agreement to Terms

By accessing or using SimplyTrust ("SimplyTrust," "we," "our," or "us"), including our website at simplytrust.com, our mobile application, our free document tools, our document-generation platform, and any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms apply to all users of the Service, including visitors who access free document tools without creating an account and subscribers who maintain registered accounts.

1.1 Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

1.2 Affirmative Consent Required

To create, generate, or download any document through the Service—including documents generated through free tools—you must first affirmatively accept these Terms by checking an "I Agree" box or similar mechanism. You may not download or access generated documents unless you have provided this consent.

1.3 Definitions

"Documents" means any form, template, record, PDF, or file generated, created, previewed, or exported through the Service.

2. Description of Service

SimplyTrust provides self-help, user-directed estate planning documents and educational information about estate planning.

2.1 Free Document Tools

Certain document-generation tools, including our will builder and Transfer-on-Death deed forms, are available without creating an account. Information you enter into these tools is processed entirely within your browser and is not transmitted to or stored on SimplyTrust servers. You are solely responsible for saving, printing, or otherwise preserving any documents you generate through free tools. SimplyTrust cannot recover, retrieve, or reproduce documents generated through free tools.

2.2 Subscription Services

Our subscription platform provides additional features including trust creation, document storage, and ongoing trust administration tools. Subscription features require account creation and are subject to the additional terms set forth in Section 5.

2.3 Nevada-Situs Documents

Documents generated through the Service, including revocable living trusts, are designed under Nevada law and establish Nevada as the situs for trust administration. You are solely responsible for determining whether Nevada-situs documents are appropriate for your circumstances and for complying with any requirements of your state of domicile, including but not limited to ancillary probate procedures, real property transfer requirements, and state-specific formalities.

2.4 Service Changes

The Service is under active development and may change over time. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time.

3. User Accounts

To access subscription features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account details
• Keep your password secure
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities under your account

3.1 Account Succession

Upon the death or incapacity of an account holder, the successor trustee, personal representative, executor, or legal guardian named in the account holder's documents—or appointed by a court of competent jurisdiction—may request access to the account by providing satisfactory evidence of their authority. SimplyTrust reserves the right to require documentation including death certificates, letters testamentary, court orders, or other proof of authority before granting access.

4. Legal Disclaimer

4.1 No Legal Advice

SimplyTrust is not a law firm and is not licensed to practice law. SimplyTrust does not provide legal advice, legal representation, individualized recommendations, or attorney review.

No attorney-client relationship is created by your use of the Service. Communications between you and SimplyTrust are not protected by attorney-client privilege.

We strongly recommend consulting a licensed attorney for legal advice tailored to your individual circumstances.

4.2 User-Directed Document Creation

All documents generated through the Service are created solely based on the selections, entries, and information you provide. SimplyTrust does not:

• Select legal provisions for you
• Determine which clauses are appropriate for your circumstances
• Apply laws to your specific situation
• Review, verify, or modify your entries
• Provide advice on how to complete any document

You are responsible for all content and selections included in your documents. SimplyTrust does not analyze your inputs, apply legal standards to your responses, or provide any automated legal determinations.

4.3 User Responsibility for Document Accuracy and Suitability

You acknowledge and agree that you are solely responsible for determining:

• Whether any document generated through the Service meets your needs
• Whether the document complies with the laws of your state or jurisdiction
• Whether your entries are accurate, complete, and legally sufficient
• Whether you should consult an attorney before using any generated document

SimplyTrust does not verify the identity, capacity, legal authority, or existence of any person or entity you name in your documents, including trustees, beneficiaries, agents, guardians, or personal representatives.

Estate planning laws vary significantly by state. SimplyTrust does not guarantee that any document is valid, sufficient, enforceable, or compliant in your jurisdiction.

You are solely responsible for ensuring that all signatures, witnesses, notarizations, or recording requirements are completed in accordance with applicable state law.

4.4 Third-Party Services

The Service may integrate with or rely upon third-party services, including payment processors, remote online notarization providers, identity verification services, and document storage providers. SimplyTrust is not responsible for the availability, accuracy, or performance of any third-party service. Your use of third-party services may be subject to additional terms and privacy policies.

5. Subscription Terms

5.1 Subscription Plans

We offer subscription plans as described on our website at the time of purchase. Subscription features, pricing, and terms are subject to change.

5.2 Automatic Renewal

Your subscription will automatically renew at the end of each billing period (monthly or annually, as applicable) unless you cancel before the renewal date. You authorize us to charge your payment method on file for the applicable renewal fee. We will notify you of any price changes before your next renewal, and your continued subscription constitutes acceptance of the new price.

5.3 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us at hello@simplytrust.com. Cancellation takes effect at the end of your current billing period. You will retain access to subscription features until that date.

5.4 Refund Policy

We offer a 30-day money-back guarantee for new subscriptions. If you are not satisfied, you may request a full refund within 30 days of your initial purchase by contacting hello@simplytrust.com.

After 30 days, refunds for annual subscriptions are provided on a prorated basis upon cancellation.

Monthly subscriptions are non-refundable after the 30-day guarantee period.

5.5 Price Changes

We may change subscription pricing at any time. For existing subscribers, price changes will take effect at the next renewal period following at least 30 days' notice. If you do not agree to a price change, you may cancel before your next renewal.

5.6 Document Access After Cancellation

Following cancellation or termination of your subscription, you will have read-only access to documents stored in your account for a period of 90 days. During this period, you may download or print your documents. After 90 days, your documents may be deleted. We strongly recommend downloading and independently storing copies of all documents.

6. Electronic Transactions

6.1 Consent to Electronic Records

By using the Service, you consent to receive agreements, notices, disclosures, and other communications electronically, including via email or through the Service interface. You agree that such electronic communications satisfy any legal requirement that communications be in writing.

6.2 Electronic Signatures

You acknowledge and agree that by clicking "I Agree," typing your name, or using other electronic signature mechanisms provided through the Service, you are executing documents with the same legal effect as a handwritten signature, to the extent permitted by the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), the Uniform Electronic Transactions Act (UETA), and applicable state law.

7. Intellectual Property

All content, technology, software, features, and functionality of the Service are owned by SimplyTrust Software Inc. and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain ownership of the information and content you enter into the Service. You grant SimplyTrust a limited, non-exclusive license to use, store, and process your content solely to operate and improve the Service.

SimplyTrust claims no ownership over Documents generated by you for personal use. You own your Documents.

8. User Content and Conduct

You agree not to:

• Use the Service for any unlawful purpose
• Submit false, misleading, or fraudulent information
• Impersonate another person or entity
• Interfere with or disrupt the Service or our servers
• Attempt unauthorized access to any part of the Service
• Send spam, malware, or other harmful content
• Reverse engineer, decompile, or attempt to extract source code
• Use the Service to generate documents for a third party without their knowledge and consent
• Resell, sublicense, or commercially exploit the Service without authorization

You are responsible for all content submitted under your account or through your use of the Service.

9. Privacy

Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Free Document Tools: As described in Section 2.1, information entered into free document tools is processed locally in your browser and is not transmitted to SimplyTrust servers. We may collect analytics data, cookies, and voluntarily provided contact information as described in our Privacy Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

10. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, SIMPLYTRUST DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
• UNINTERRUPTED OR ERROR-FREE OPERATION

WE DO NOT WARRANT THAT ANY DOCUMENT GENERATED THROUGH THE SERVICE WILL BE LEGALLY VALID, ENFORCEABLE, OR SUITABLE FOR YOUR INTENDED PURPOSE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIMPLYTRUST SOFTWARE INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICE
• DAMAGES ARISING FROM ANY DOCUMENT GENERATED THROUGH THE SERVICE
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA
• DAMAGES ARISING FROM THIRD-PARTY SERVICES

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO SIMPLYTRUST IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

THESE LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to indemnify, defend, and hold harmless SimplyTrust Software Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service, including free document tools
• Documents you generate, execute, or distribute using the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights
• Any dispute between you and a third party related to documents generated through the Service

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating arbitration, you agree to contact us at hello@simplytrust.com and attempt to resolve any dispute informally for at least 30 days.

13.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in Wilmington, Delaware, or at another mutually agreed location. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND SIMPLYTRUST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

13.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

13.5 Arbitration Fees

Each party shall bear its own costs and attorneys' fees. Filing fees, arbitrator compensation, and administrative costs shall be allocated in accordance with AAA rules, except that SimplyTrust will pay all arbitration fees for claims under $10,000 unless the arbitrator determines your claim is frivolous.

13.6 Opt-Out

You may opt out of this arbitration agreement by sending written notice to hello@simplytrust.com within 30 days of first accepting these Terms. Your notice must include your name, address, email, and a clear statement that you wish to opt out of arbitration. If you opt out, you and SimplyTrust agree to resolve disputes exclusively in the state or federal courts located in Delaware.

13.7 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law provisions.

14. Termination

We may suspend or terminate your account or access to the Service at any time, with or without notice, for any reason, including but not limited to violation of these Terms.

Upon termination:

• Your right to use the Service will immediately cease
• You remain bound by Sections 4, 7, 10, 11, 12, and 13
• For subscription accounts, Section 5.6 (Document Access After Cancellation) shall apply

Termination does not affect any rights or obligations that accrued before termination.

You may terminate your account at any time by contacting hello@simplytrust.com.

15. General Provisions

15.1 Changes to Terms

We may modify these Terms at any time by posting the revised Terms on our website. The "Last Updated" date reflects the most recent revision. Material changes will be communicated via email or through the Service. Your continued use of the Service after modifications constitutes acceptance of the revised Terms.

15.2 Severability

If any provision of these Terms is found invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of SimplyTrust.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. SimplyTrust may assign these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

15.5 Force Majeure

SimplyTrust shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or third-party service outages.

15.6 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and SimplyTrust regarding your use of the Service and supersede all prior agreements and understandings.

15.7 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

16. Contact Information

Thank you for using SimplyTrust.