Terms & Conditions

1. Description of the Service

The Service provides:

• A standard, non-customized trust template (the “Template”) designed for general informational purposes.
• Assistance in identifying and naming a qualified professional services provider (such as a corporate trustee, trust company, or attorney) located in the State of South Dakota (the “Professional Services Provider”) to be referenced or appointed within the Template, as selected by you.

The completed Template will expressly provide that it is governed by the laws of the State of South Dakota. The Service does not include legal drafting, customization beyond the standard Template, execution of documents, filing with any court or government agency, or ongoing administration of any trust.

2. No Legal, Tax, or Financial Advice

The Service is not a law firm, and we are not your attorney, fiduciary, or financial advisor. Nothing on the Service, including the Template or any assistance regarding the Professional Services Provider, constitutes legal, tax, accounting, financial, or other professional advice. The Template is a general form document only and may not be suitable for your specific circumstances, assets, family situation, or jurisdiction (even though South Dakota law is designated as the governing law).

You agree that:

• You are solely responsible for reviewing the Template with a qualified attorney licensed in the appropriate jurisdiction(s).
• You must consult independent legal counsel before executing or relying on any document generated through the Service.
• We make no representation or warranty regarding the legal validity, enforceability, tax consequences, or suitability of the Template or any Professional Services Provider.

3. Assistance with Professional Services Provider

We may provide directory-style information, matching tools, or curated lists to help you identify and name a Professional Services Provider located in South Dakota. Any such assistance is provided “as is” for your convenience only. We do not endorse, recommend, or guarantee the qualifications, services, performance, or solvency of any Professional Services Provider. Your relationship with any Professional Services Provider is solely between you and that provider. We disclaim all liability arising from or related to your selection or engagement of any Professional Services Provider.

4. User Accounts and Responsibilities

To use certain features of the Service, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You represent and warrant that:

• You are at least 18 years of age and have the legal capacity to enter into these Terms.
• You will use the Service only for lawful purposes and in compliance with all applicable laws.
• Any information you provide (including information used to generate the Template or select a Professional Services Provider) is accurate and complete.

5. Intellectual Property

The Service, Template, and all related content, software, and materials are owned by or licensed to the Company and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Template solely for your personal, non-commercial estate-planning purposes. You may not copy, modify, distribute, sell, or create derivative works of the Template or any other Company materials except as expressly permitted.

6. Fees and Payments

Certain features of the Service may require payment of fees as described on our pricing page. All fees are non-refundable unless otherwise stated. You authorize us to charge your provided payment method for any applicable fees.

7. Disclaimers and Warranties

The Service and all Templates are provided on an “as is” and “as available” basis. We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, and accuracy. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any Template will meet your legal requirements.

8. Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill arising out of or related to these Terms or your use of the Service, even if advised of the possibility of such damages. Our total aggregate liability shall not exceed the fees you paid to us in the twelve (12) months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Service or Template; (ii) your selection or engagement of any Professional Services Provider; (iii) any breach of these Terms; or (iv) any violation of applicable law.

10. Governing Law and Jurisdiction

These Terms, and any claim or dispute arising out of or relating to these Terms or the Service, shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to its conflict of laws principles. The Template generated through the Service shall likewise be governed by the laws of the State of South Dakota as expressly stated therein.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Minnehaha County, South Dakota, and you hereby consent to the personal jurisdiction and venue of such courts.

In the sole and absolute discretion of the Company, we may determine that any dispute be referred to mediation or binding arbitration.

11. Dispute Resolution

Before initiating any lawsuit, you agree to first attempt to resolve the dispute informally by contacting us at the address listed below. If the dispute cannot be resolved informally within sixty (60) days, the following dispute resolution procedures will be followed.

Any claim, controversy, or dispute arising out of or relating to this Agreement, including its formation, interpretation, performance, breach, termination, or the parties’ relationship, shall be resolved exclusively in accordance with the provisions of this Section.

(a) Negotiation. The parties shall first attempt in good faith to resolve any dispute through informal negotiation between their respective representatives.

(b) Mediation or Arbitration at Company’s Sole Discretion. If the dispute is not resolved through negotiation within thirty (30) days after one party notifies the other in writing of the dispute, the Company shall have the sole and exclusive right, in its absolute discretion, to elect one of the following methods of dispute resolution:

• (i) Mediation.The Company may require the parties to submit the dispute to non-binding mediation administered by the American Arbitration Association (AAA) or another mutually acceptable mediation provider under its then-current mediation rules. The mediation shall take place in Sioux Falls, South Dakota (or such other location as the Company may designate in writing). Each party shall bear its own costs, and the parties shall equally share the mediator’s fees and administrative costs unless the Company determines otherwise in writing.
• (ii) Binding Arbitration.The Company may require the dispute to be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or another arbitration provider and set of rules designated by the Company). The arbitration shall be conducted by a single arbitrator. The place of arbitration shall be Sioux Falls, South Dakota (or such other location as the Company may designate in writing). The arbitrator’s award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and attorneys’ fees, except as otherwise provided by law or as the arbitrator may award in accordance with applicable law. The Company may, in its sole discretion, elect to consolidate any arbitration with other disputes involving third parties arising from substantially similar facts or legal issues.

(c) Litigation Only if Company Elects. The Company may, in its sole discretion, elect to forgo mediation or arbitration and instead pursue the dispute through litigation in any state or federal court located in Minnehaha County, South Dakota. In such event, each party irrevocably submits to the exclusive jurisdiction of such courts and waives any objection to venue or forum non conveniens.

(d) Injunctive Relief. Notwithstanding the foregoing, the Company may at any time seek temporary or permanent injunctive relief, specific performance, or other equitable relief in any court of competent jurisdiction without first engaging in negotiation, mediation, or arbitration. The Customer waives any requirement for the posting of a bond in connection with such relief.

(e) Survival and Severability.This Dispute Resolution Section shall survive any termination or expiration of this Agreement. If any provision of this Section is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving the Company’s discretion to the greatest extent possible.

12. Termination

We may terminate or suspend your access to the Service at any time, with or without cause, upon notice to you. Upon termination, your right to use the Service and any Template ceases immediately, though any previously generated Template that you have downloaded remains subject to the limited license granted herein. Sections 2, 5, 7, 8, 9, 10, 11, and 13–15 shall survive termination.

13. Changes to These Terms

We may modify, amend, or update these Terms at any time in our sole discretion. We will provide you with at least thirty (30) days’ prior notice of any material changes. Such notice may be delivered, at our option, by one or more of the following methods:

• Email to the address associated with your account;
• Posting of the revised Terms on the Service (including on our website);
• A prominent notice or banner displayed when you log into your account; or
• Any other reasonable method of notification.

Any such notice shall constitute valid and effective notice and will be deemed constructive notice to you, regardless of whether you actually read the notice or formally acknowledge it. By continuing to access or use the Service after the effective date of the revised Terms, you agree to be bound by the updated Terms. You expressly waive any right to receive individualized, signed, or formal acknowledgment of the changes and agree that continued use of the Service after the notice period constitutes your acceptance of the modified Terms.

13.1 No Formal Acknowledgment Required. You acknowledge and agree that it is commercially reasonable for us to rely on the notice methods described above. Failure by you to receive, open, or read any email or posted notice does not invalidate the effectiveness of the notice or the enforceability of the revised Terms. We shall have no liability for your failure to review or become aware of any changes. If you do not agree to the revised Terms, your sole remedy is to stop using the Service and terminate your account before the effective date of the changes.

14. Miscellaneous

These Terms constitute the entire agreement between you and us regarding the Service. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision. You may not assign these Terms without our prior written consent. We may assign these Terms freely in connection with a merger, acquisition, reorganization, or sale of assets.

15. Contact Information

If you have any questions about these Terms, please contact us at: