This Service Agreement was last updated on October 12, 2018.
Thank you for choosing Om Online Wills & Estate Planning (the “Service”), an online service provided by Om Company Inc. (“Om). We sincerely appreciate your trust and serve to simplify the process of achieving peace of mind, which includes making it easy to understand the terms you are agreeing to by using this service, which will now be referred to as the Service Agreement. By agreeing to the Service Agreement, which is a pre-condition to your use of the Service, you are confirming you have read, understand and accept the Service Agreement.
To start, the Service Agreement is between Om and You. Throughout these terms we may refer to ourselves as “We”, “Us”, or the “Service”, and we may refer to You as “End User”. However, we prefer to be on a first name basis, we look forward to getting to know you shortly.
Once you review the Service Agreement, when you accept and use the Service You agree that You are at least 18 years of age and are legally able to enter into this contract.
- Modification of the Service and the Service Agreement
At Om we work hard to bring you the most up-to-date features and functionality, and we are continuously working to ensure you have the right tools. Given this we may, from time-to-time, add, remove, modify, discontinue or otherwise change the Service, at any time. Although we may do this without prior notice, we will try our best to notify You at the email provided. Since our Service may change from time-to-time, our Service Agreement may also be changed without prior notice. If the Service Agreement is modified, we will post the latest version to the Service’s website, at which point they will be effective, with the most recent version being noted by the date it was updated within the terms itself. Please review the Service Agreement periodically to stay abreast of any terms that may have been changed, modified, added or deleted. We highly encourage this because when once the Service Agreement is updated, by continuing to access the Service, You are indicating your agreement with the terms of the Service Agreement. If at any point the Service Agreement is not acceptable to you, please stop using the Service immediately and optionally email us at [email protected] to allow us the opportunity to retain clarify the Service Agreement and retain your business.
- We are not a law firm and We do not provide legal advice
We offer an online document generation service which allows You to create a will online on your own, in a self-service manner, using a “fill-in-the-blank” form. By purchasing, viewing, editing or downloading a form or document from the Service, you must understand that your purchase or use of such forms and documents is not legal advice nor the practice of law. This Service is not a substitute for the advice of a licensed lawyer. If you require legal advice, or if you feel your requirements are too complex to be addressed by our Service, you should consult a licensed lawyer. Given this, you understand and agree that any information provided to Us is not protected by lawyer-client confidentiality privileges. By using the Service you are, and will be, representing Yourself in any matter, legal or otherwise, you undertake using the Service. Our Service provides online tools, materials and templates, which we’ll refer to going forward as “Materials”, to assist you with the preparation, execution and storage of your own legal documents. We work hard to keep the Materials up-to-date, however, the Materials are not legal advice and may be be incorrect, incomplete or out-dated for reasons such as, but not limited to, changes to the law, differences between jurisdictions and the Materials may be subject to different interpretations by different courts. You also understand that Materials generated by the Service, may be rendered out-dated due to changes that may happen in certain jurisdictions over the long-time horizon that these Materials may cover, as such You understand that it is your responsibility to review your personal requirements, and any associated Materials, from time-to-time, to ensure they continue to satisfy your requirements. You understand that your requirements are a personal matter, and that no general information or legal tools of the kind provided by the Service can fit every circumstance. We do not review the Materials nor are they customized to Your specific requirements. We do not review any information you input for accuracy or legal sufficiency nor do we draw legal conclusions, or apply the law to Your specific needs. You understand and agree that the Service provided to you is neither legal advice nor the practice of law and therefore should consult a licensed lawyer if your specific requirements are too complex or cannot be addressed by our tools. Prior to your use of any Materials generated by the Service, if you believe We provided any legal advice, opinion or recommendation about your legal rights, remedies, defenses, options, selection of forms, strategies or your personal requirements, you must not and may not use these Materials. Any use of Materials is done at your own discretion and your own risk. We provide the Service on a best effort basis, and any errors in Materials or the Service may be due to limitations in the automated process. You agree to read the final Materials before signing them, and agree to take ownership and responsibility for doing so.
- Payment for Service
Fees for the Service are in the denomination stated on the Service website, and will be processed online, inclusive of any applicable taxes. Payment processing is provided by Stripe as such you agree to abide by the Strip Services Agreement, which may be modified from time-to-time by Stripe. You agree to provide accurate and complete information to Us, and you authorize Us to share it, including any related transaction information related to your use of the payment processing service, with Stripe.
- Keeping Your data current
All communications, including notifications about hte Service, will be emailed to You at the email address provided during registration. We will use the data You provide to Us, as such if you do not update your contact details, we may be ineffective in notifying You of any communications or changes.
- Limitation of Liability
The Service provided is used by You as a self-service, fill-in-the-blank form. Therefore we are not liable for any (a) use of the Service, (b) loss or suspension of the Service, (c) interruption of the Service, (d) interruption of your business or personal affairs, (e) access delays, downtime or interruptions to our Service or website, (f) loss or liability resulting from acts or events beyond our control, (g) non-delivery, mis-delivery, corruption, destruction or other modification to data or Materials, or (h) loss or liability resulting from misuse or unauthorized access of your account, or your email. You understand the nature of the Service and agree that we will not be liable for any indirect, incidental or consequential damages of any kind (including but not limited to legal fees, estate related liabilities, lost profits, lost income) regardless of the form of action, where in contract, tort (including negligence), or otherwise, even if We are advised of the possibility of such damages. At no point will Om’s maximum aggregate liability exceed the total amount paid by You for the Service.
You, and your successors, hereby release, indemnify and hold Om, including our contractors, agents, employees, officers, directors, shareholders, partners and affiliates harmless from and against any liabilities, claims, damages, costs, expenses, legal fees, court costs for third party claims, demands, requests, investifications and proceedings, relating to or arising from Your use of the Service.
- Intellectual Property Rights
The Service, including associated materials such as, but not limited to, the website, documentation, videos, images, user experience, user interface, content, is the exclusive property of Om and is protected by Canadian, Ontario and worldwide copyright and trademark laws. By using the Service, You agree to comply with the copyright and trademark laws worldwide. You may not copy or imitate the Service, Materials or any text, graphics, images, icons, or content contained on the Website. You may not modify the Materials, or any content access on the Service or the Website, or display, distribute or otherwise use any of the Materials in any way for public or commercial use. The Service provided by Om is a web-based software application that You access through a browser using your email address. Your access is protected by the security of your email address, which Om has no control or influence over. You may not use the Service for any purpose, other than those set out in this Service Agreement. You agree to not decipher, decompile, disassemble or reverse engineer any of the components of this software, in whole or in part.
- Grant of limited license
Subject to your compliance with this Service Agreement, and your ongoing compliance use of the Service, we will grant a non-exclusive, limited, non-transferable, freely revocable license to use the Service as designed and set forth in this Service Agreement. We reserve all rights not expressly granted herein for the Service provided (as defined in this section) and we may terminate this license at any time for any reason or no reason. Subject to other terms in this Service Agreement, Om grants You permission to download, view, copy and print Materials for your personal, informational, non-commercial use. You agree that you will not replicate or modify any Materials from the Service in whole or part other than for making Materials accurate or effective for your individual use of the document for the purpose the Materials exists. This permission, and associated license, automatically terminates, without notice, if you breach any of the terms of the Service Agreement. For any instance of such termination, you agree to immediately destroy any downloaded or printed Materials and to cease using the Service. Unauthorized use of any Materials available through the Service may violate copyright laws, trademark laws, paws of privacy and publicity and other regulations and statutes.
- Registration, account management and access
Your email and other personal information is required when You create an account with Om. You may not register an email address which You do not own or for which You do not have permission of the owner to use. Om does not ask for a password and your access to the Service is granted by your access to the email You registered with. Om is not responsible for unauthorized or unlawful access to your Om account due to poor personal security or poor password choices, or shared access to your email address at the email provider of your choice. You should change your password for your email provider periodically, and use two-factor authentication where possible. We bear no responsibility or liability whatsoever, for any harm or injury that may arise from a third-party gaining access to your email address, for any reason. You may request that Om permanently disabled or deletes your account in the event of unauthorized access. You may access the Service through any device, such as a desktop, laptop, smartphone or tablet. You should safeguard such devices, including physical access to those devices. The responsibility to keep your account secure is your responsibility, as it is with your personal email address.
By subscribing and using the Service, You acknowledge and consent to us using the information collected from You in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA). The content of the Materials are intended for your use, as such we do not review the Materials and make the Service available to you as a repository for convenience only. We do not share or sell your information with third-parties unless (a) to comply with any law, such as sharing with law enforcement or government agency, and only done so when required by law, or (b) for the improvement of the Service, research and development into new products, partnerships or services that may be extended to you in the future by us or partners.
- Links to, and Inclusion, of Third Party sites & Content
- No Warranties
You are using the Service at your own risk. The Service is provided on a “as is” and “with all faults” basis. Om, its officers, directors, employees, contractors, agents and partners disclaim all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We make no representations or warranties about (1) the accuracy, completeness, or content of the Service or Website, (i) the accuracy, completeness, or content of any third-party sites or content, (iii) the Service found at this website, or any websites linking to this website and We assume no liability or responsibility for the doing the same. You acknowledge agree that Om, its officers, directors, employees, contractors, agents and partners provided no oral or written information or advice that will constitute as (i) legal advice, (ii) financial advice, (iii) or create a warranty of any kind with respect to the Service and website, and that You should not rely on any such information or advice. The disclaimer of representations and warranties in this Service Agreement shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this Service Agreement, including your use of this Service.
If any terms of this Service Agreement is deemed void or unenforceable in whole or in part, it will not affect or impart the validity of other terms of this Service Agreement.No provision shall be removed without prior consent from Om.
The laws of the Province of Ontario will apply to this Service Agreement.