These Terms of Service (the "Terms") govern your access to and use of the Probatem platform, website, tools, features, and related services (collectively, the "Platform").
By creating an account, accessing the Platform, or using any part of the Platform, you agree to be bound by these Terms. If you do not agree, you may not use the Platform.
Probatem provides software tools designed to help users organize information, manage documents, track tasks, and maintain workflow related to estate administration and probate-related matters.
The Platform is an organizational and workflow tool. It is not a law firm, is not your lawyer, and does not provide legal advice, legal representation, or legal services.
Probatem does not provide legal advice, legal opinions, legal strategy, or recommendations about your rights, obligations, filings, deadlines, probate path, or legal options.
Your use of the Platform does not create an attorney-client relationship between you and Probatem or between you and any Probatem personnel.
Any information made available through the Platform is provided for general informational and self-help purposes only and is not a substitute for advice from a licensed attorney in your jurisdiction.
Probatem may provide information about attorneys or help connect you with an attorney as a convenience. Any such information or referral is not legal advice, an endorsement, or a guarantee of the attorney's availability, qualifications, competence, fees, services, advice, or results.
You are solely responsible for deciding whether to contact, retain, or rely on any attorney. Any attorney-client relationship is solely between you and that attorney, and Probatem is not responsible for the attorney's acts, omissions, advice, representation, or fees.
You are solely responsible for deciding whether probate or any other legal process is necessary, for determining what filings to make, for verifying the accuracy and completeness of all information you enter, and for obtaining legal advice where appropriate.
You are solely responsible for all documents you prepare, review, sign, file, submit, or use in connection with any estate matter.
Forms, documents, checklists, workflows, or other materials generated or pre-filled through the Platform are based on the information you provide and are not guaranteed to be complete, accurate, current, or appropriate for your matter. You are responsible for carefully reviewing all such materials before signing, filing, submitting, or using them.
You represent that you have the right and authority to provide any information, documents, or materials you upload or enter into the Platform, including information about an estate, decedent, beneficiary, heir, creditor, fiduciary, or other person. You are responsible for obtaining any consents, permissions, or authorizations required to provide that information and use it through the Platform.
Probatem may provide platform support or customer support regarding account access, navigation, technical issues, document upload issues, workflow features, and other administrative matters.
Platform support is limited to technical and administrative assistance. Probatem personnel will not provide legal advice, recommend legal strategies, select legal forms for you, or tell you what you should do in your particular matter.
Probatem does not guarantee that use of the Platform will result in any particular legal outcome, court acceptance, filing approval, avoidance of probate, reduced cost, or reduced time.
Court rules, clerk practices, filing requirements, and estate issues vary by jurisdiction and by facts.
You represent that you are legally capable of entering into these Terms and that all information you provide is truthful, current, and complete.
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
By creating an account, using the Platform, or contacting Probatem electronically, you consent to receive communications from Probatem electronically, including by email, through the Platform, or by notices posted on the Platform.
These communications may include account messages, support messages, transaction and billing information, legal notices, disclosures, and other information related to the Platform or these Terms. You agree that electronic communications satisfy any legal requirement that such communications be in writing.
You are responsible for keeping your account contact information current and for reviewing communications from Probatem. If you opt out of marketing communications, Probatem may still send you non-marketing communications related to your account, transactions, the Platform, or these Terms.
Certain features may require payment. You agree to pay all applicable fees described at the time of purchase.
Probatem charges fees when the applicable paid Platform access, document generation, support, consulting, or other paid service begins or is made available as described at the time of purchase. If no fee has been charged, there is no payment to refund.
Except as expressly stated by Probatem in writing or required by applicable law, fees are non-refundable once charged. If you cancel or stop using the Platform after fees are charged, Probatem is entitled to retain the fees paid, regardless of whether you complete the workflow, use all available features, or use all time or support made available to you.
If Probatem terminates your paid access or is unable to provide a paid feature or service, Probatem may issue a refund or credit based on the amount paid and the value of access, documents, support, consulting, or services already provided, except as otherwise required by applicable law.
Probatem does not guarantee any specific outcome, court acceptance, filing approval, probate report approval, timeline, cost reduction, or result. Dissatisfaction with an outcome, timeline, court response, or other result is not grounds for a refund.
You retain ownership of the information, files, documents, and content you upload or enter into the Platform ("User Content"). Nothing in these Terms transfers ownership of your User Content to Probatem.
You grant Probatem a limited, nonexclusive, worldwide, royalty-free license to host, store, copy, process, display, transmit, use, and otherwise handle User Content solely as reasonably necessary to provide, operate, maintain, secure, troubleshoot, support, and improve the Platform; respond to your requests; comply with applicable law; and enforce these Terms, subject to applicable law and the Platform's privacy policy.
You may not use the Platform in a way that:
You may not use the Platform as a substitute for retaining counsel where legal advice is needed.
Subject to the User Content and License section above, the Platform and its software, designs, text, graphics, templates, questionnaires, instructions, workflows, form-generation logic, documentation, and other content are owned by Probatem or its licensors and are protected by applicable intellectual property laws.
Probatem grants you a limited, nonexclusive, nontransferable, revocable right to access and use the Platform in accordance with these Terms. You may use documents and materials generated for your account for your own estate matter or other authorized personal use.
Your right to use generated documents and materials does not transfer ownership of the Platform, templates, workflows, instructions, form-generation logic, or other Probatem materials to you. Except as expressly allowed by these Terms, no rights are granted to you.
Your use of the Platform is also subject to the Probatem Privacy Policy. This draft assumes the client will adopt a separate privacy policy addressing data collection, storage, disclosure, retention, and security practices.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" TO THE MAXIMUM EXTENT PERMITTED BY LAW.
PROBATEM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND AVAILABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROBATEM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, BUSINESS, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROBATEM'S TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE PLATFORM OR THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO PROBATEM FOR THE PLATFORM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to indemnify, defend, and hold harmless Probatem and its officers, directors, employees, contractors, and affiliates from and against claims, liabilities, damages, losses, and expenses arising out of your use of the Platform, your User Content, your violation of these Terms, or your violation of applicable law.
Probatem may update, modify, add, remove, suspend, or discontinue any part of the Platform at any time, including features, workflows, forms, integrations, content, or supporting technology.
Probatem may use version numbers, release notes, notices, or similar materials to describe Platform changes. These materials are provided for general informational purposes and do not guarantee that the Platform, any feature, or any generated material will remain available, unchanged, compatible, or error-free.
Where reasonably practicable, Probatem may provide notice of material changes, interruptions, or deprecations. Advance notice may not always be possible, including for security, compliance, legal, operational, technical, or business reasons.
Probatem is not liable for any modification, suspension, interruption, incompatibility, or discontinuation of the Platform, except as expressly stated by Probatem in writing or required by applicable law.
Probatem may suspend or terminate your access to the Platform if it reasonably believes you have violated these Terms, used the Platform unlawfully, or created risk for Probatem or others.
You may stop using the Platform at any time, subject to any payment obligations already incurred.
Dispute Resolution; Mandatory Arbitration; Class Action WaiverPlease read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have claims decided by a judge or jury.
(a) Agreement to Arbitrate. To the fullest extent permitted by applicable law, you and Probatem agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, any services provided in connection with the Platform, or the relationship between you and Probatem, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether such dispute arose before, on, or after the effective date of these Terms, shall be resolved exclusively by final and binding arbitration, except as otherwise expressly provided below.
(b) Arbitration Administrator and Rules. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its applicable rules then in effect, including, as applicable, the Consumer Arbitration Rules or Commercial Arbitration Rules, except as modified by these Terms. Judgment on the arbitration award may be entered in any court having jurisdiction.
(c) Covered Claims. This agreement to arbitrate is intended to be broadly interpreted and includes, without limitation:
(d) Exceptions. Notwithstanding the foregoing, either party may:
(e) Individual Arbitration Only; Class Action Waiver. You and Probatem agree that all claims must be brought solely in an individual capacity and not as a plaintiff, claimant, class representative, or class member in any purported class, collective, coordinated, consolidated, mass, or representative proceeding. The arbitrator shall have no authority to hear or arbitrate any class, collective, coordinated, consolidated, mass, or representative action, or to award relief to anyone other than the individual party in arbitration.
Probatem may modify these Terms by posting updated Terms on the Platform and updating the effective date. Continued use of the Platform after any update constitutes acceptance of the updated Terms, except to the extent prohibited by law.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
These Terms, together with any incorporated policies, constitute the entire agreement between you and Probatem regarding the Platform.
Probatem
500 East Main Street
Suite 1600, #75
Norfolk, VA 23510
Email: info@probatem.com