Terms of Service
Last Updated: 1 September 2024
1. Welcome
Thank you for choosing Will Hero! We are thrilled to offer our products and services (collectively referred to as the “Services”) though our platform. This document sets out the terms of service you agree to when using our Services. Please read them carefully, along wiht our Privacy Policy and any other policies made available within the Services, before using our Website.
Disclaimer: Will Hero is an online Will document platform, not a law firm, and does not provide legal advice or representation. Will Hero is not a substitute for legal advice, particularly for complex estate planning. If you are uncertain whether the Will or any document created using Will Hero is appropriate for your situation, we recommend seeking independent legal advice.
2. Who we are and how to contact us?
Will Hero is operated by different entities depending on your location. Please refer to the relevant entity below:
For users located in the United States:
Your agreement is with Will Hero, Inc., a US registered company.
Address: 584 Castro Street #3150 San Francisco, CA, 94114, United States.
For users located in Australia:
Your agreement is with Will Hero Pty Ltd, an Australian registered company. Address: Unit 6, 182 Bay St, Brighton, VIC, 3186, Australia.
ABN 32 673 137 098
ACN 673137098
If you have any questions or need assistance, please contact us at support@willhero.com. We’re here to help.
3. Our Services
Will Hero is an online service for creating estate planning documents, including Wills.
Our Terms of Service cover:
- Our website – https://willhero.com
- Our platform – https://app.willhero.com
4. By using our website or platform you accept these terms
By using our website or our platform, you confirm that you agree to accept and comply with these terms of use. If you do not agree to these terms, you must not use our website or platform. We recommend that you print a copy of these terms.
Other terms which may apply to you include our Our Privacy Policy.
5. Acknowledgements of suitability
Before registering an account with Will Hero or placing an order, you acknowledge and agree that you meet the following service requirements:
- Age Requirement: You are at least 18 years of age or older.
- Legal Capacity: You possess the legal right and ability to enter into binding contracts.
- Compliance with Local Laws: You meet all legal requirements necessary to make a Will or document in the state or territory where you reside.
- Mental Capacity: You are of sound mind and capable of using the platform effectively.
- Service Review: You have thoroughly reviewed the services offered by Will Hero.
- Understanding Terms and Policies: You have read, understood and agree to our terms of use and privacy policies.
- Intention: You intend to create a Will that will be legally valid in the United States or Australia.
6. Acknowledgements of use
By using our services, you acknowledge and agree to the following responsibilities:
- Document Creation and Content: You are solely responsible for the creation, content, and accuracy of your Will and any other documents created on the platform.
- Execution Requirements: You are solely responsible for ensuring your Will, and any other documents created on the platform, is properly executed by you in the presence of two independent adult witnesses.
- Geographical Limitations: The services provided are only suitable for assets located within the United States or Australia. If you possess assets outside of the your country of residence (United States or Australia), or reside outside of these countries, we strongly advise that you consult with a legal professional in the relevant jurisdiction.
- International Use and Liability: If you use Will Hero to create any document despite residing overseas, or having overseas assets, Will Hero will not be responsible or liable for any implications or the ineffectiveness of such documents concerning those assets.
- Revocation of Previous Wills: If you create and validly execute a Will or any document on our platform, any previous Wills you have made will be automatically revoked and cease to have effect.
- Binding Effect: Will Hero makes no representation that the use of the service will result in a binding Will. The validity of your Will is dependent on various factors, including proper execution in accordance with legal requirements and individual circumstances. We recommend seeking legal advice if you are unsure your Will meets all necessary legal standards.
7. Your Responsibilities
You must keep your account details safe
- Responsibility for Account Confidentiality: You are solely responsible for the confidentiality and security of your account information, including your username and password. You must take all necessary precautions to ensure that your password remains confidential and secure.
- Restricting Access: You agree to prevent unauthorised access to your account by restricting access to your computer and other devices. You are liable for all activities that occur under your account unless you have reported unauthorised use to us.
- Notification of Breach: If you suspect or become aware of any unauthorised use of your password or any other breach of security, you must immediately notify us. Following such notification, you may be required to alter your password.
- Our Rights in Case of Breach: In the event of unauthorised access to your account, we reserve the right to suspend or terminate access to your account, at our discretion. We may also require you to change your password for added security.
Content and conduct
- Compliance with Content Standards: When using any feature that allows you to upload content to our site, or to interact with other users, you must adhere to our content standards as specified in the terms. You warrant that all your contributions comply with these standards and indemnify us for any breach of this warranty. You are responsible for any loss or damage we incur due to your non-compliance.
- Ownership and Licensing: You retain ownership rights to any content you create and upload to our platform. By uploading content, you grant us a limited license to use, store, and copy that content solely for the purpose of providing and optimizing our Services. We collect and use your information in accordance with our Privacy Policy, which details the types of information we collect, how it is used, and how it is protected.
- Disclosure of Identity: We reserve the right to disclose your identity to any third party claiming that content posted or uploaded by you violates their intellectual property rights or their right to privacy.
- When a third party claims that content posted or uploaded by you violates their intellectual property rights or their right to privacy.
- If required by law, regulation, or legal processes, including court orders and subpoenas.
- To protect our rights, property, or the safety of Will Hero, our users, or the public, as required by law.
- Content Removal: We have the authority to remove any of your content on our platform if we determine that it does not adhere to our content standards.
- Responsibility for Content Security: You are solely responsible for securing and backing up your content.
- Prohibited Actions:
- You must not introduce viruses or harmful material to our site.
- Misuse of the site, such as introducing viruses, trojans, worms, logic bombs, or other harmful or technologically destructive material, is strictly prohibited.
- Unauthorised attempts to gain access to our site, servers, databases, or any connected networks are forbidden.
- Engaging in attacks, such as a denial-of-service attack or distributed denial-of-service attack against our site, is prohibited.
- Legal and Enforcement Cooperation: If you engage in prohibited actions or violate these Terms, Will Hero reserves the right to take appropriate enforcement actions, which may include but are not limited to:
- Suspension or Termination of Access: We may temporarily or permanently suspend or terminate your access to our platform and services without prior notice.
- Deletion of Content and Information: We may delete your content and personal information from our systems, including from backsups, to the extent permissible by law.
- Reporting to Authorities: We may report your activities to relevant law enforcement authorities and cooperate fully with investigations. This may include providing authorities with your identity and any other relevant information.
- System Integrity and Security:
- We do not guarantee that our site will be secure or free from bugs or viruses.
- You are responsible for configuring your technology and security settings for access to our site. You should use your own virus protection software.
8. Purchase of Subscription Licence
Upon purchase, you are granted a non-exclusive, non-transferable licence to use the Will Hero platform and its services. This licence is subject to your compliance with the Terms of Service and is for personal use or as explicitly authorised by Will Hero.
Single-User Licence: Your subscription and use of the Will Hero platform are strictly for a single individual only. You may not use the platform to create Wills or documents for other individuals, including but not limited to clients, family members, or any third parties. Each user must have their own individual account and subscription.
- Fees: All fees for the Will Hero platform are stated in US Dollars ($) or Australian Dollars (AUD$) and are inclusive of any applicable taxes.
- Payment method: Payments must be made using any of the payment methods accepted by Will Hero, as listed on our platform at the time of purchase.
- Confirmation: You will receive a confirmation email upon successful completion of payment.
- Subscription Term: The licence is valid for one year from the date of purchase, unless otherwise specified in the purchase terms. If the licence expires, you will lose access to the Written Will and the ability to download any documents.
- Auto Renewal: Will Hero will not auto renew your subscription unless otherwise stated.
9. Cancellation and Refund Policy
- Cancellation Rights: you may cancel your service agreement with Will Hero at any time.
- To cancel your agreement, Log into Will Hero > Settings > Delete Account.
- Alternatively, you may contact our support team at support@willhero.com with your account details and cancellation request.
- Upon cancellation, you will lose access to our services, and we will delete your stored data within 30 days.
- Eligibility for Refunds: Refunds are available under the following conditions:
- Non-Download of Documents: If you cancel your service and have not downloaded or otherwise accessed the Will or any documents created on the platform, you may be eligible for a full refund.
- Service Failure: If there is a failure in our platform that prevents you from accessing or downloading your Will or documents and we are unable to rectify the issue within a reasonable time frame, you are entitled to a full refund.
- Process for Requesting a Refund: To request a refund, please email support@willhero.com with the following information:
- Your full name and contact information
- Your account details, including the email associated with your account
- A brief description of the reason for the refund request
- Any supporting evidence, if applicable (e.g. screenshots of the platform issue).
- Refund Processing: Upon receiving your refund request, our team will review the details and determine eligibility based on the conditions stated above. Refunds are processed within 14 business days after approval. The refunded amount will be credited back to the original method of payment unless otherwise specified.
- Limitations:
- Refunds are only available for fees paid to the creation of Wills or documents and do not cover any additional or third-party fees.
- Requests for refunds must be made within 30 days of the initial purchase or occurrence of the platform failure.
- Contact Us: If you have questions about this policy or our services, please contact us at support@willhero.com.
10. AI Assistant Use and Disclaimer
- No Legal Advice or Attorney-Client Relationship:
- General Information Only: The AI Assistant provided by Will Hero offers general information related to wills, estate planning, and the functionalities of our platform. It does not provide legal advice, nor should it be used as a substitute for advice from a qualified attorney.
- No Attorney-Client Privilege: WILL HERO (INCLUDING THE AI ASSISTANT) IS NOT A LAWYER. Interactions with the AI Assistant do not create an attorney-client relationship. Information shared with or generated by the AI Assistant is not protected as confidential, is potentially discoverable, and does not enjoy the protections of an attorney-client privilege.
- Nature and Use of AI Services: Will Hero’s AI Assistant utilises machine learning models to support users by providing preliminary guidance based on recognised data patterns. This service is intended to help users understand concepts and navigate the platform more effectively.
- Limitations of AI Services:
- Probabilistic Output: Outputs from the AI Assistant are probabilistic, based on patterns in data, and should NEVER be solely relied upon for making important decisions. Users are responsible for assessing the relevance and accuracy of the information provided.
- User Decisions and Responsibilities: Users bear full responsibility for all decisions made, actions taken, or failures to act based on information obtained from the AI Assistant.
- Accuracy and Review:
- Not Error-Free: The advice and information provided by the AI Assistant may not always be complete or error-free. Users must review and verify the accuracy and completeness of the information before relying on it.
- Consultation Recommended: We strongly recommend consulting with a qualified legal professional for specific legal advice tailored to your situation before making any decisions based on the content generated by the AI Assistant.
- Liability Limitation: Will Hero and its affiliates are not liable for any losses incurred as a result of using the AI Assistant. This includes direct, special, indirect, incidental, or consequential damages arising from its use or the information it provides.
- Data Handling and Privacy Commitment: While Will Hero is committed to protecting user privacy and data security, users should be aware of and manage the privacy risks associated with using online platforms for sensitive information.
By using the AI Assistant provided by Will Hero, you acknowledge and accept these terms, recognising the limitations of the automated advice and assuming all associated responsibilities and liability.
11. Confidentiality
We recognise the sensitive nature of the information you provide when creating documents such as Wills on our platform. We are committed to maintaining the confidentiality of all personal information you enter, including details of family members, executors and other individuals.
- User Obligations:
- Accuracy of Information: You are responsible for ensuring that all personal information you enter is accurate and up-to-date.
- Consent of Use: You warrant that you have obtained the necessary consents from individuals whose personal information you provide on our platform.
- Confidential Handling: You are responsible for maintaining the confidentiality of any personal information you input, manage, or access through our services. This includes taking appropriate measures to prevent unauthorised access, use, or disclosure.
- Use and Disclosure:
- Purpose: Personal information is used solely to facilitate the creation and management of your documents.
- Limited Disclosure: We will not disclose personal information to third parties except as necessary for providing requested services or as required by law, adhering to our Privacy Policy.
- Security Measures: Robust security measures are implemented to protect your information from unauthorised access, alteration, or destruction.
- Data Breach Protocol:
- Notification: We will inform affected users as soon as practicable in the event of a data breach.
By using Will Hero, you agree to uphold these responsibilities. Failure to comply with these confidentiality obligations may result in termination of your services and potential legal action.
12. Enforcement of Terms and Remedies
Without limiting the remedies available to Will Hero under law or equity, Will Hero reserves the right to take the following actions without notice:
- Suspension or Termination: Temporarily or indefinitely suspend or terminate your access to this Site and your Account, or refuse to provide any Services to you if:
- You violate any provision of these Terms;
- Will Hero cannot verify or authenticate information you provide; or
- Will Hero believes your actions could result in liability or damage to Will Hero, its customers, suppliers, or others.
- Content Removal: Remove or block access to any content that Will Hero, in its sole and absolute discretion, deems objectionable or in violation of any applicable law, any person’s intellectual property rights, or these Terms.
13. Intellectual Property
- Ownership and Rights: All content on our website and platform, including software, text, graphics, logos, button icons, images, audio clips, digital downloads, video clips, trade marks, databases, and software, is our exclusive property or that of our licensors and is protected under United States, Australian and international copyright, intellectual property, and trademark laws. Will Hero’s name, logos and any other product or service name associated with Will Hero are trademarks, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Will Hero.
- Licence to Users: Your use of the Will Hero platform and its services is granted as a revocable, non-exclusive, non-transferable licence, provided solely for your personal, non-commercial use, in accordance with these Terms. You are not permitted to reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works from, or otherwise transfer or use any materials or content from the Will Hero platform unless explicitly authorised by these Terms or by the owner of the materials.
- Finished Product Rights: Upon completion of your Will, you are entitled to download a copy of the document. The downloaded Will is your property, subject to the applicable laws governing wills and estates. You have the right to use, store, and modify your Will for personal purposes.
- User Generated Content: You retain all rights in any original content you provided while using our services, such as text you write and images you uploaded when using the platform.
- Licence to Will Hero: By posting, uploading, inputting, providing, or submitting your content, you grant Will Hero a perpetual, non-exclusive, royalty free licence to use, copy, distribute, transmit, display, perform, reproduce, edit, translate and reformat your content for the purposes of performing and optimising the service.
14. Service Interruption
- Availability of Services: While we are committed to ensuring the availability of our platform and Services, you acknowledge that interruptions may occur. These interruptions may be due to maintenance, technical issues, updates, or changes necessitated by legal or regulatory adjustments.
- Right to Modify Services: Will Hero reserves the right to modify or discontinue any aspect or feature of our Website and Platform at any time, temporarily or permanently. We will endeavour to notify you of significant changes where practicable, but we accept no liability for any disruption or loss you may suffer due to such modifications or discontinuances.
15. Liability, Disclaimer, and Limitation of Rights
- Internet Security and System Integrity: The Internet is an inherently insecure medium. We do not guarantee that communications to or from this website are secure or will be free from interception or alteration. We are not liable for any loss or damage that may occur due to viruses, system failures, or other technologically harmful material that could affect your computer systems, data, or other proprietary material due to your use of this website or any linked third-party sites.
- Service Quality and Warranty Disclaimer: The website and all materials displayed or available through it, including our estate planning solutions, are provided “as is” and “as available,” without any guarantees, warranties, or conditions as to their accuracy, completeness, timeliness, reliability, currency, or fitness for a particular purpose. You bear the sole responsibility to ensure that the services meet your personal needs and are suitable for the purposes for which they are used.
- Exclusion and Limitation of Liability: To the fullest extent permitted by law, we exclude all liability for any losses, costs, expenses, claims, or damages, whether direct, indirect, incidental, special, punitive, or consequential, including but not limited to loss of profits, data corruption, or goodwill, arising from or related to these Terms or your use of this site. Where liability cannot be excluded, such as in the case of breach of any non-excludable condition or warranty implied by legislation, our liability is limited to the refund of the fees you have paid for the use of the Service, Will, or Power of Attorney, in the past 12 months.
- Non-Excludable Rights: Nothing in these Terms will exclude, restrict, or modify any rights or remedies that may not be lawfully excluded or limited by law, including under the Competition and Consumer Act 2010 (Cth) and any other relevant national, state, or territory legislation.
- Release: By using this site, you acknowledge that you do so at your own risk and release Will Hero and its officers, employees, agents, consultants, licensors, partners, and affiliates from any and all claims, demands, and causes of action arising from these Terms or your use of this Site.
- Force Majeure: Will Hero is not liable for any failure to perform its obligations where such failure results from any cause beyond Will Hero’s reasonable control. In such cases, Will Hero is entitled to a reasonable extension of time for the performance of such obligations.
- Non-Excludable Rights: Despite the above provisions, if we are found to be liable, our maximum aggregate liability will not exceed the purchase price.
16. Indemnity
You agree to indemnify, defend, and hold harmless Will Hero and its officers, employees, agents, consultants, licensors, partners, and affiliates from any and all claims, liabilities, costs, expenses (including legal fees on a solicitor-client basis), damages, and losses, including but not limited to direct, indirect, special, and consequential damages, arising from or related to:
- Any content or information you submit, post, transmit, or make available through this the website or platform;
- Your use of, or connection to, this Site;
- Your negligence or misconduct, breach of these Terms, or violation of any law or the rights of any third party;
- Any claim arising from your access to or use of any third-party websites;
- Any claim by your estate for expenses or losses incurred by the estate;
- Any claim by any beneficiary of your estate.
17. Dispute Resolution
The execution, interpretation and performance of this Agreement shall be governed by the laws of the State of Victoria, Australia without regard to its conflict of laws provisions. Any dispute arising under these Terms will be resolved through final and binding arbitration to be held in Victoria, Australia, in conformance with the Australian International Arbitration Act of 1974, as amended.
In the event that the parties are unable to resolve any dispute through the use of arbitration, the state and federal courts in Victoria, Australia shall have exclusive jurisdiction. The parties agree that the Vienna Convention on Contracts for the International Sale of Goods shall have no application to this Agreement.
18. General Provisions
- Right to Amend: We reserve the right to modify, update, or correct the Terms of Use or any information on the website at any time without prior notice by posting the amended terms on the website.
- Acceptance of Amendments: Your continued use of the website following any amendments signifies your acceptance of the revised Terms of Use. If you do not agree to the updated Terms of Use, you must cease using the website immediately.
- Non-enforceable Terms: If it turns out that a particular term is not enforceable, this will not affect any other terms.
End Terms of Service