Terms of Service

2.1 Account Creation In order to use certain features of the Site, you must register for an account ("Account") and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 8. 2.2 Account Responsibilities You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. 2.3 HIPAA Compliance Given the sensitive nature of estate planning information, we maintain strict security standards. While we implement appropriate safeguards for your data, you acknowledge that VestaPlanner is not a covered entity under HIPAA unless specifically agreed to in a separate Business Associate Agreement.

3.1 License Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use. 3.2 Certain Restrictions The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. 3.3 Modification Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof. 3.4 No Support or Maintenance You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site. 3.5 Ownership Excluding any User Content that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Company or Company's suppliers. Neither these Terms nor your access to the Site transfers to you or any third party any rights, title or interest in or to such intellectual property rights.

4.1 User Content "User Content" means any and all information and content that a user submits to, or uses with, the Site (e.g., estate planning documents, beneficiary information, personal details). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. 4.2 Estate Planning Information You acknowledge that the estate planning information you provide is highly sensitive and personal. While we use industry-standard security measures to protect your data, you are responsible for ensuring the accuracy and completeness of all estate planning documents and information you provide. 4.3 License You hereby grant to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, solely for the purposes of providing the Site's services to you. 4.4 Backup and Data Retention While we maintain backups of User Content for operational purposes, you are solely responsible for maintaining your own backup copies of your User Content, particularly your estate planning documents. We retain User Content in accordance with our Privacy Policy and applicable law.

The following terms constitute our "Acceptable Use Policy": 5.1 Prohibited Content You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content: (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party. 5.2 Prohibited Activities In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Site; (vii) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site. 5.3 Enforcement We reserve the right to review, refuse and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you if you violate the Acceptable Use Policy or any other provision of these Terms.

6.1 Privacy Policy Your use of the Site is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy carefully to understand our practices regarding your personal information. 6.2 HIPAA and Healthcare Information While VestaPlanner handles sensitive estate planning and healthcare directive information, we are not a covered entity under HIPAA unless specifically agreed to in a separate Business Associate Agreement. We implement appropriate administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of your information. 6.3 Data Security We use industry-standard encryption and security measures to protect your data. However, no method of transmission over the Internet or electronic storage is 100% secure. You acknowledge the inherent risks in transmitting information over the Internet. 6.4 International Data Transfer By using the Site, you consent to the transfer of your information to the United States and other countries where we operate, which may have different data protection laws than your country of residence.

You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; (d) your User Content; (e) any misrepresentation regarding your estate planning documents or beneficiary designations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

8.1 No Legal Advice THE SITE AND ALL CONTENT PROVIDED THROUGH THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL, TAX, OR FINANCIAL ADVICE. VESTAPLANNER IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL REPRESENTATION. THE USE OF THE SITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. 8.2 "As Is" Basis THE SITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. 8.3 No Warranty WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. 8.4 Estate Planning Outcomes WE DO NOT GUARANTEE ANY SPECIFIC OUTCOMES FROM YOUR USE OF THE SITE OR THE EFFECTIVENESS OF ANY ESTATE PLANNING DOCUMENTS CREATED THROUGH THE SITE. YOU SHOULD CONSULT WITH QUALIFIED LEGAL, TAX, AND FINANCIAL ADVISORS REGARDING YOUR SPECIFIC SITUATION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

10.1 Informal Resolution Before initiating any formal dispute resolution, you agree to contact us at support@vestaplanner.com to attempt to resolve any dispute informally. We will attempt to resolve the dispute in good faith within 60 days of receiving your notice. 10.2 Binding Arbitration If informal resolution fails, any dispute arising out of or relating to these Terms or the Site shall be resolved through binding arbitration conducted by JAMS under its Streamlined Arbitration Rules. The arbitration shall be conducted in Santa Clara County, California, unless otherwise agreed. 10.3 Class Action Waiver YOU AND COMPANY 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 OR REPRESENTATIVE PROCEEDING. 10.4 Jury Trial Waiver YOU AND COMPANY HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE. 10.5 30-Day Opt-Out Right You have the right to opt out of binding arbitration within 30 days of first accepting these Terms by sending written notice to: support@vestaplanner.com 10.6 California Residents If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

11.1 Term These Terms will remain in full force and effect while you use the Site. 11.2 Termination by You You may terminate your Account at any time by following the account deletion process on the Site. Upon termination, you will lose access to your Account and any User Content associated with it. 11.3 Termination by Us We may suspend or terminate your Account and/or access to the Site at any time for any reason, including but not limited to violation of these Terms, suspected fraudulent activity, or as required by law. 11.4 Effect of Termination Upon termination: - Your right to access and use the Site will immediately cease - We may delete your User Content from our active databases - We may retain certain information as required by law or for legitimate business purposes - All provisions of these Terms that by their nature should survive termination shall survive 11.5 Data Export Prior to terminating your Account, you may export your estate planning documents and data through the Site's export functionality.

Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent: • Your physical or electronic signature; • Identification of the copyrighted work(s) that you claim to have been infringed; • Identification of the material on our services that you claim is infringing and that you request us to remove; • Sufficient information to permit us to locate such material; • Your address, telephone number, and e-mail address; • A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; • A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement. The designated Copyright Agent for VestaPlan, Inc. is: Email: support@vestaplanner.com

12.1 Changes to Terms These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. 12.2 Governing Law These Terms are governed by the laws of the State of California, without regard to conflict of law principles. 12.3 Entire Agreement These Terms, together with our Privacy Policy, constitute the entire agreement between you and Company regarding the Site. 12.4 Severability If any provision of these Terms is found to be unenforceable, the remaining provisions will continue to be valid and enforceable. 12.5 Assignment You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction. 12.6 Contact Information For questions about these Terms, please contact us at: support@vestaplanner.com