Terms of Use

01Acceptance of Terms

By accessing or using Heritance Technologies Inc.'s ("Heritance," "we," "us," or "our") website, platform, or services (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not access or use the Services.

These Terms form a binding legal agreement between you and Heritance. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to both you individually and that entity.

A separate master subscription agreement or similar written contract between Heritance and a customer firm may supplement or replace specific sections of these Terms for that customer's authorized users. Where such a written agreement conflicts with these Terms, the written agreement controls.

02Eligibility

You must be at least 18 years old and legally able to enter into binding contracts to use the Services. By using the Services, you represent that you meet these requirements.

Business users represent and warrant that they have authority to bind the organization on whose behalf they are accessing the Services, and that their use of the Services complies with that organization's policies.

Heritance reserves the right to refuse Services to any person or entity at our discretion and to terminate access at any time for violation of these Terms.

03Accounts

Certain features of the Services require account registration. You agree to provide accurate, current, and complete information during registration and to keep that information up to date.

You are responsible for maintaining the confidentiality of your account credentials, for all activities that occur under your account, and for notifying Heritance immediately of any unauthorized use or suspected security breach. Heritance is not liable for any loss or damage arising from your failure to safeguard your credentials.

We may suspend or terminate your account if we determine, in our reasonable discretion, that you have violated these Terms or that suspension is necessary to protect the integrity or security of the Services.

04License to Use Services

Subject to your compliance with these Terms and any applicable subscription agreement, Heritance grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for their intended purpose.

You may not: copy, modify, or create derivative works based on the Services; reverse engineer, decompile, or disassemble any part of the Services; rent, lease, loan, resell, or sublicense the Services; remove proprietary notices; or use the Services to build or benchmark a competing product.

All rights not expressly granted in these Terms are reserved by Heritance.

05Acceptable Use

You agree not to use the Services for any unlawful purpose or in any way that violates these Terms. Prohibited activities include but are not limited to:

Engaging in fraud, harassment, hate speech, or any activity that violates applicable law; transmitting malware, viruses, or other malicious code; attempting to gain unauthorized access to the Services, other accounts, or connected systems; circumventing, disabling, or interfering with security features or usage restrictions; scraping, crawling, or otherwise extracting data from the Services by automated means; infringing on intellectual property, privacy, publicity, or other rights of any party; impersonating any person or entity, or misrepresenting your affiliation with any person or entity; or sending unsolicited commercial communications or other spam through the Services.

Heritance may investigate suspected violations and take appropriate action, including suspension or termination of your access.

06User Content

You retain ownership of any content, data, or materials you submit to, upload to, or create through the Services ("User Content"). By submitting User Content, you grant Heritance a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and process your User Content solely as necessary to provide, maintain, secure, and improve the Services.

You represent and warrant that you have all necessary rights to your User Content and that your User Content and its use by Heritance in accordance with these Terms do not and will not infringe, misappropriate, or otherwise violate the rights of any third party or violate any applicable law.

You are solely responsible for your User Content and for the consequences of submitting it through the Services.

07Intellectual Property

The Services, including all software, design, text, graphics, logos, trademarks, and other content provided by Heritance, are owned by or licensed to Heritance and are protected by intellectual property laws in the United States and internationally. All rights, title, and interest in the Services and all associated intellectual property remain with Heritance or its licensors.

The Heritance name and brand, the Heritance wordmark, and any associated logos are trademarks of Heritance Technologies Inc. You may not use these marks without our prior written consent.

Any feedback, comments, or suggestions you voluntarily provide regarding the Services is non-confidential, and Heritance may use such feedback without restriction or compensation.

08Fees and Payment

Access to the paid portions of the Services is subject to payment of the applicable fees. Fees, billing frequency, and payment terms are set out in the subscription agreement or order form between Heritance and the customer firm.

Unless otherwise agreed in writing, fees are billed in advance, non-refundable (including for partial billing periods), and payable in U.S. dollars. Late payments may accrue interest at the lesser of 1.5 percent per month or the maximum rate permitted by law, plus any costs of collection.

Heritance reserves the right to change fees and billing practices on reasonable notice. If you disagree with a fee change, your sole remedy is to terminate the Services in accordance with your subscription agreement.

Refunds, where applicable, are governed by the subscription agreement and applicable consumer protection law.

09Third-Party Services

The Services may integrate with or link to third-party services, including customer relationship management platforms (Redtail, Wealthbox, Salesforce), payment processors, analytics tools, and other software. Your use of any third-party service is governed by that third party's own terms and privacy practices.

Heritance does not control and is not responsible for any third-party service, including its availability, content, security, or legal compliance. Any interaction, transaction, or dispute with a third-party service is solely between you and the third party.

10Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

HERITANCE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Heritance does not warrant that the Services will be uninterrupted, error-free, secure from unauthorized access, or free of viruses or other harmful components. Any material downloaded or otherwise obtained through the Services is accessed at your own discretion and risk.

11Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HERITANCE, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, EVEN IF HERITANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HERITANCE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO HERITANCE IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the limitations in this section may not apply to you in full. Nothing in these Terms limits liability for gross negligence, willful misconduct, fraud, or any other liability that cannot be limited by law.

12Indemnification

You agree to defend, indemnify, and hold harmless Heritance, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: your breach of these Terms; your misuse of the Services; your violation of any law or regulation; or your violation of any third-party right, including any intellectual property or privacy right.

Heritance reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with Heritance in asserting any available defenses.

13Termination

Either party may terminate the Services in accordance with the applicable subscription agreement. In addition, Heritance may suspend or terminate your access to the Services at any time, with or without notice, if we believe that you have violated these Terms or that termination is necessary to protect the Services or other users.

Upon termination, your right to use the Services will immediately cease. Any provisions of these Terms that by their nature should survive termination — including provisions regarding User Content, intellectual property, disclaimers, limitation of liability, indemnification, and governing law — will survive.

You remain responsible for any amounts owed to Heritance through the effective date of termination.

14Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including the formation, interpretation, breach, or termination thereof, will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in Wilmington, Delaware, in the English language, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

You and Heritance 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 or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. YOU WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of its intellectual property rights.

15Changes to Terms

We may update these Terms from time to time. When we make material changes, we will notify you by updating the "Last updated" date at the top of these Terms and, where appropriate, by providing additional notice through the platform or by email to the address associated with your account.

Your continued use of the Services after the effective date of revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

16Contact

For questions about these Terms or to provide notice to Heritance under these Terms, contact us at support@tryheritance.com.

Postal address and legal notice details are available on request.