These terms of service (these "Terms") apply to all services and products (collectively, the "Service") provided by Legacy Blueprint LLC ("Keepsake", "we", or "our") through Keepsake's website and mobile application to you (the “user”).

These Terms are effective as of the date you first access the Service.

PLEASE READ THESE TERMS CAREFULLY. By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

We reserve the right to change these Terms at any time in our sole discretion by providing notice that these Terms have been changed. We may provide notice by sending an email, posting a notice via the Service, posting the revised Terms on our site and revising the date at the top of these Terms, or another form of notice. Any changes or modifications will be effective immediately, and your continued use of the Service following the notice will constitute your acceptance of the changes.

For information about how we handle your data, please reference our privacy policy

Keepsake provides estate planning management software for estate planners, clients, and families (our “Services”).

Keepsake grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Service, subject to these Terms. By using our Service, you agree to use it for lawful purposes and in a manner that does not infringe the rights of Keepsake or any third party. Additionally, you acknowledge and agree that Keepsake may modify, suspend or discontinue the Service, in whole or in part, at any time without prior notice. Keepsake will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.

In order to access the Service, users must register by completing the registration forms provided on the Keepsake website. During registration, users agree to provide accurate, current, and complete information, which may be prompted by the registration forms on the Keepsake website.

Users are also required to maintain the security of their Keepsake account password and to promptly update any changes made to the registration data or any other information provided to Keepsake to ensure that it remains accurate, current, and complete. Users are solely responsible for safeguarding the passwords they use to access the Keepsake service and must agree to be fully responsible for any activities or transactions that relate to their Keepsake account or password. By registering, users accept all risks associated with unauthorized access to their registration data or any other information they provide to Keepsake. In the event that users learn of any unauthorized use of their Keepsake account or password, they must notify Keepsake immediately.

Keepsake allows users to share their account information (“Sharing Users”) with trusted contacts (“Authorized Users") to access and interact with the account's content. By adding authorized users to their account, sharing users grant certain permissions to these users to access, view, change or interact with their content.

Sharing users may grant different levels of access to authorized users, such as read-only access or access to make changes to certain types of content but not others. It is the sharing user's responsibility to ensure that they have granted the correct permissions before giving authorized users access to the account.

If sharing users wish to revoke authorized user access, they can do so within the Keepsake platform or by contacting Keepsake customer support. Sharing users should be aware that Keepsake may be required to disclose information related to authorized user access in certain circumstances, such as when required by law or as part of a legal investigation or dispute resolution process.

Sharing users should ensure that only trusted individuals are granted authorized user access to their account. Sharing users acknowledge and agree that they are solely responsible for any actions taken by authorized users while interacting with their content. Keepsake does not assume any liability for any damages resulting from authorized user access or interaction with the Sharing User's content.

If you are a user of Keepsake that has been provided Keepsake’s Services by a individual or business entity (“Sponsor”), you acknowledge and agree that Sponsors will automatically have access as Authorized Users to the information you provide them within Keepsake’s intake tool as part of Keepsake’s Services. Keepsake does not assume any liability for any damages resulting from Authorized User access or interaction with the Sharing User's content. If a Sharing User wishes to revoke an Authorized User’s access, they can do so within the Keepsake platform or by contacting Keepsake customer support.

Sponsors agree to utilize a Sharing User’s information solely to fulfill their business needs, restricting its use for purposes that the client has paid for.

Unauthorized access or misuse of the account by an Authorized User may result in account suspension or termination, and sharing users may be subject to penalties or consequences as a result. All authorized users, in general, commit to refraining from any malicious or harmful intentions while accessing a Sharing User’s information.

Keepsake reserves the right to terminate or suspend authorized user access to the account at any time, at its discretion, without prior notice to the sharing user or the authorized user.

a. Voluntary Uploads: All content, data, accounts, and information that you upload or provide to Keepsake through the Services is voluntary. The Company does not require or coerce users to submit any specific content.

b. Non-binding Nature: Keepsake is not a legally binding entity. While we strive to provide a secure and reliable platform, we do not guarantee the legal efficacy of your use of the Services or the Platform. The Company makes no representations, whether express or implied, regarding the legal implications or effectiveness of your use of the Services.

c. No Legal or Tax Advice: The Company does not provide legal or tax advice. The information provided on the Platform, your account, and in connection with the Services is for general informational purposes only. The Platform and Services should not be considered a substitute for professional legal advice. You should consult with an experienced trusts and estates attorney or tax professional in your specific jurisdiction to understand how the use of the Platform and Services may impact your estate planning documents or other jurisdictional laws.

d. Individual Circumstances and Professional Advice: It is essential to consider your individual circumstances, jurisdictional laws, and tax consequences when using the Platform and Services. The Company strongly recommends consulting with an experienced trusts and estates attorney or a qualified tax professional in your specific jurisdiction. These professionals can provide personalized advice and guidance on how the use of the Platform and Services may impact your estate planning documents or other jurisdictional laws. Please note that the Company does not assume any responsibility for the specific application or consequences of using the Platform and Services in your unique situation.

e. By using the Services, you acknowledge that Keepsake is not providing legal advice, and you release the Company from any liability related to your use of the Services or any legal or tax consequences that may arise from it.

The Service is accessible pursuant to one of Keepsake's subscription plans, each of which includes a description of the service, the term during which the service is accessible, applicable fees ("Subscription Fees"), and additional terms. The terms and conditions of the subscription plan selected by users are incorporated into these Terms by reference.

Unless otherwise suspended or terminated, users have the right to access the Service for the term set forth in the Keepsake subscription plan they select and any renewal periods (collectively, the "Subscription Term"). Users will be charged the Subscription Fees set forth in the Keepsake plan selected in accordance with the applicable payment terms. Users may change the type of Keepsake subscription plan selected or terminate the Keepsake subscription plan according to the terms and conditions of such subscription plan. Except as set forth below, or unless Keepsake states otherwise, all payments (a) must be made in U.S. dollars, (b) must be made by payment card via Keepsake or our authorized payment processor, and (c) are non-refundable.

If a user's payment method fails, or their payment is past due, Keepsake may suspend their use of the Service. Keepsake may also collect fees owed by charging other payment methods on file with them or retain collection agencies and legal counsel. Keepsake, or the collection agencies they retain, may also report information about a user's account to credit bureaus, and as a result, late payments, missed payments, or other defaults on the account may be reflected in the user's credit report.

Upon a failed or late payment, Keepsake will revoke the user’s account access but will store the contents of the account for the following 365 days. During this period of time, users can update their payment method to continue using the Services or can request to download account content if they no longer intend to continue using the Services. Keepsake will notify Authorized Users via email about the impending deletion, allowing them the opportunity to download any information from the user's account prior to deletion.

If a Sponsor’s payment method fails or is past due, users who were provided with Keepsake's services by the Sponsor are responsible for assuming any future billing and payments. Such users will enter the same process as a late or failed payment outlined in the paragraph above.

When users create an account for the Service, they expressly acknowledge and agree that Keepsake (or its third-party payment processor) is authorized to charge the payment card provided by the user in accordance with these Terms (in addition to any applicable taxes and other charges) for the duration of the Subscription Term. Unless canceled or unless Keepsake suspends or stops providing access to the service, users' subscription to the service will automatically renew for a successive period equivalent to the length of the initial terms selected at the end of any Subscription Term, and Keepsake will automatically charge the Subscription Fees to users for the entire Subscription Term.

Users' subscription to the Keepsake service is continuous until they cancel it or Keepsake suspends or stops providing access to the service in accordance with these Terms. Users may cancel their subscription to the Keepsake service at any time by emailing team@hellokeepsake.com or canceling manually within the account portal. While users may cancel their subscription to the service at any time, they acknowledge and agree that any and all fees (including, but not limited to, the Subscription Fees) they have paid or are payable for the service are non-refundable. This means that, although users may cancel their subscription to the service before the end of the applicable Subscription Term, they remain responsible for the fees for the entire Subscription Term, regardless of the date of cancellation.

Unless expressly authorized by these Terms, you may not: (a) make any modifications, disclosures, alterations, translations, or derivative works of the Service (or any components thereof), (b) engage in activities such as licensing, sublicensing, reselling, distributing, leasing, renting, lending, transferring, assigning, or otherwise disposing of the Service (or any components thereof), (c) use the Service for storing or transmitting any viruses, software routines, or other code designed to permit unauthorized access, to disable, erase, or otherwise harm software, hardware, or data, or to perform any other harmful actions, (d) copy, frame, or mirror any part or content of the Service, (e) create a competitive product or service, or copy any features or functions of the Service, (f) interfere with or disrupt the integrity or performance of the Service, (g) attempt to gain unauthorized access to the Service or their related systems or networks, (h) disclosing any performance information or analysis relating to the Service to any third party, (i) circumvent or attempt to circumvent any technological protection measures intended to restrict access to or use of any portion of the Service or the functionality of the Service, (j) take any action that imposes an unreasonable or disproportionately large load on the Service, (k) use the Service for any illegal purpose or advocating illegal activity in any way, or (l) cause or allow any unauthorized individual to do any of the above activities. If any of these activities are carried out, your Services may be canceled by Keepsake at its discretion.

We do not guarantee or claim responsibility for the quality, nature, content, or reliability of any third-party sites, products, or services accessible via links from the Service ("Third-Party Services"). We provide these links solely for your convenience, and the inclusion of any link does not imply that we are affiliated with, endorse, or adopt the corresponding site or any information available through any Third-Party Services. When you exit the Service, our terms and policies no longer apply. You should review the relevant terms and policies, including privacy and data collection practices, of any Third-Party Services that you access from the Service.

We do not guarantee or claim responsibility for the quality, nature, content, or reliability of any third-party sites, products, or services accessible via links from the Service ("Third-Party Services"). We provide these links solely for your convenience, and the inclusion of any link does not imply that we are affiliated with, endorse, or adopt the corresponding site or any information available through any Third-Party Services. When you exit the Service, our terms and policies no longer apply. You should review the relevant terms and policies, including privacy and data collection practices, of any Third-Party Services that you access from the Service.

Keepsake’s entire liability to you will not exceed the subscription fees actually paid by you to Keepsake during the subscription period in which the damages occurred. Moreover, notwithstanding any terms to the contrary in these Terms, Keepsake will not be held liable for any disclosure, unauthorized use or access of any user content or information except if such an occurrence arises as a result of Keepsake’s gross negligence or willful misconduct and Keepsake will not be held liable for any loss of profits or any indirect, special, incidental, reliance, or consequential damages of any kind, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, even if informed of the possibility of such damages in advance. Under no circumstances shall multiple claims expand this limitation. This section shall be given full effect even if any remedy specified in this agreement is deemed to have failed its essential purpose.

Arbitration is the process for resolving disputes between us and you. By agreeing to these Terms, you understand that any disputes or claims you have against us will be resolved through individual action, not class arbitration, class action, or any other type of representative proceeding. This arbitration agreement does not apply to employment-related claims such as those concerning employment termination, discrimination, harassment, and wage and hour issues under state and federal law.

To begin the arbitration process, you must first contact us and attempt to resolve the claim informally by sending a written notice of your claim to our email or address. If we cannot reach an agreement within thirty (30) days, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court.

The arbitrator will apply Federal Rules of Civil Procedure Rule 56 and Rule 68 and the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court.

The arbitration proceedings, judgments, and awards will be confidential, and the arbitrator will have the authority to make appropriate rulings to safeguard confidentiality. The parties agree that the state or federal courts of the State of California and the United States sitting in Los Angeles, CA have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

You will be responsible for paying the filing fee for any arbitration you initiate, and we will pay the remaining JAMS fees and costs. If we initiate the arbitration, we will pay all JAMS fees and costs.

This arbitration agreement does not bar or preclude any party from seeking immediate equitable injunctive relief on an emergency or ex parte basis, to the extent permitted by applicable law and rules of court, arising from any intellectual property right infringement claim.

These Terms shall be governed by the laws of the State of California and shall be applicable to agreements made and entirely performed within the state without any reference to its conflict of law provisions. Keepsake may, at its discretion or through an independent third party, conduct an audit of your use of the Service to ensure that you comply with these Terms. Any feedback you provide to Keepsake with respect to the Service shall be considered confidential information and Keepsake shall be free to use, disclose, reproduce, license, and distribute such feedback in any way it deems fit, without any obligation or restriction related to intellectual property rights or otherwise. By providing Keepsake with feedback, you hereby assign to Keepsake all the rights, titles, and interests you may have in and to the feedback, including all intellectual property rights embodied in it.

You acknowledge and agree that Keepsake may monitor, collect, use, and store anonymous and aggregate statistics regarding the use of the Service and any individuals or entities that interact with the Service. Keepsake shall own all rights, titles, and interests in and to the Service, as well as any intellectual property rights embodied in or related to the Service. You shall own and retain all rights to the information you add to your account and you hereby grant to Keepsake, during the Subscription Term, a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to store and display your information for your and your authorized users use of the Services. Any claim or cause of action related to the use of the Service or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.

Except for Authorized Users, you cannot transfer, assign, or delegate any rights or duties under these Terms without the prior written consent of Keepsake. Any such transfer, assignment, or delegation attempted without Keepsake's consent shall be deemed void and without effect. Keepsake may freely transfer, assign, or delegate these Terms or its rights and duties under these Terms. These Terms will be binding upon and inure to the benefit of the parties and their respective representatives, heirs, administrators, successors, and permitted assigns.

No modification, addition, or deletion or waiver of any rights under these Terms shall be binding on a party unless it is clearly understood by the parties to be a modification or waiver and is signed by a duly authorized representative of each party. No failure or delay on the part of a party to exercise any right or remedy under these Terms shall operate as a waiver thereof or affect any other right or remedy. All rights and remedies under these Terms are cumulative and not exclusive of any other rights or remedies provided hereunder or by law.