Terms of Service
Last updated: [DATE]
1. Acceptance of these terms
These Terms of Service (the "Terms") are a binding agreement between you and FreeWillUSA.ai ("we," "us," or "our"), the operator of FreeWillUSA.ai (the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service. Please read Section 9 (Binding Arbitration and Class-Action Waiver) carefully — it affects how disputes between you and us are resolved.
2. What the Service is — not a law firm, no legal advice
FreeWillUSA.ai is a free, self-help document-preparation and educational tool that helps you organize and express your estate-planning wishes and generate documents such as a will, healthcare directive, financial power of attorney, and revocable living trust. FreeWillUSA.ai is not a law firm, is not your attorney, and does not provide legal advice, legal opinions, recommendations, or representation. We are not a substitute for the advice of a licensed attorney. Using the Service does not create an attorney-client relationship between you and us or anyone associated with us. No communication with or through the Service is protected by the attorney-client privilege. The information and documents provided are for general informational purposes only. If you need legal advice for your specific situation, you should consult a licensed California attorney.
3. California residents only
The Service, its documents, and its guidance are intended only for residents of the State of California and address only California law. Estate-planning laws vary by state, and the documents produced by the Service are designed around California requirements. Do not rely on the Service, or any document created with it, for any other state. If you are not a California resident, or if your assets, beneficiaries, or property are located in or governed by the law of another state or country, this Service is not appropriate for you and you should consult a licensed attorney in the relevant jurisdiction. For complex situations — including blended families, business ownership, large or taxable estates, special-needs dependents, or property in multiple states — you should consult a licensed California estate attorney even if you are a California resident.
4. Documents are self-prepared drafts
Documents generated by the Service are self-prepared drafts based solely on the information you provide. We do not review your individual documents and do not verify that they are accurate, complete, or appropriate for you. You are solely responsible for reviewing your documents, confirming they reflect your wishes, correcting any errors, and executing them correctly. In California, this generally means properly signing, witnessing, and (where applicable) notarizing your documents in accordance with California law. Documents generated by the Service are not legally effective until you complete the execution requirements that apply to you. You are responsible for the accuracy and completeness of the information you enter.
5. No warranty — provided "AS IS"
The Service and all documents produced through it are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by California law, we disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the Service or any document produced will be valid, enforceable, complete, accurate, error-free, uninterrupted, or suitable for your particular circumstances. You use the Service and any resulting documents at your own risk.
6. Limitation of liability
To the maximum extent permitted by California law, in no event will FreeWillUSA.ai or its owners, members, officers, employees, agents, or contractors be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or relating to your use of, or inability to use, the Service or any documents created with it, even if we have been advised of the possibility of such damages. To the maximum extent permitted by California law, our total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total amounts you paid us, if any, in the twelve (12) months preceding the event giving rise to the claim, or (b) US $100. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in that case our liability is limited to the greatest extent permitted by law.
7. Indemnification
You agree to defend, indemnify, and hold harmless FreeWillUSA.ai and its owners, members, officers, employees, agents, and contractors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with (a) your use of the Service, (b) any document you create, execute, or rely on, (c) the information you provide, or (d) your violation of these Terms or of any applicable law.
8. Acceptable use
You agree to use the Service only for lawful purposes and only to create estate-planning documents for yourself. You will not: use the Service to provide legal services or advice to others; misrepresent your identity or residency; upload unlawful, infringing, or harmful content; attempt to disrupt, reverse-engineer, scrape, or gain unauthorized access to the Service; or use the Service in any way that violates applicable law. We may suspend or terminate access to the Service at any time if we reasonably believe you have violated these Terms.
9. Binding arbitration and class-action waiver
Please read this section carefully. In plain English: instead of going to court, you and FreeWillUSA.ai agree to resolve most disputes through binding individual arbitration, and both sides give up the right to a jury trial and the right to participate in a class action.
Except for the opt-out right below, any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration will be seated in California, and California law and the Federal Arbitration Act will govern. Judgment on the award may be entered in any court of competent jurisdiction.
Class-action and jury-trial waiver. You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, representative, or collective proceeding. You and we waive any right to a jury trial. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding.
30-day right to opt out. You may opt out of this arbitration and class-action waiver section by sending written notice to us at support@freewillusa.ai within 30 days of first accepting these Terms. Your notice must include your name and a statement that you wish to opt out of arbitration. If you opt out, the remainder of these Terms still applies.
10. Governing law and venue
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Subject to the arbitration provisions in Section 9, you agree that any dispute that proceeds in court will be brought exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction and venue of those courts.
11. Eligibility
To use the Service, you must be at least 18 years of age, of sound mind, and a resident of the State of California. By using the Service, you represent and warrant that you meet these requirements and that all information you provide is truthful and accurate.
12. Changes to these terms
We may update these Terms from time to time. Material changes will be reflected by the "Last updated" date above. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you should stop using the Service.
13. Contact
Questions about these Terms? Email us at support@freewillusa.ai.