Terms of Service

1. Who You Are Agreeing With

These Terms are between you and LegacyArk LLC ("LegacyArk," "we," "us"), a New Mexico limited liability company. Our address is 1209 Mountain Road Pl NE, Ste N, Albuquerque, NM 87110, USA.

By creating an account or using LegacyArk, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use LegacyArk.

2. Who May Use LegacyArk

You must be at least 18 years old. LegacyArk is offered from the United States and intended for people in the United States. If you use it from elsewhere, you are responsible for complying with your own local law.

You may name other people in your vault, including people under 18 — a grandchild named as a beneficiary, for example.

3. Your Account

Keep your password secure and your email address current. Your email address is how we reach you, including if someone reports your death — see section 8. You are responsible for all activity that occurs under your account.

You agree that we may give you notices electronically, by email to the address on your account or in the product. Electronic notice satisfies any requirement that notice be in writing.

Tell us promptly at support@legacyark.co if you become aware of any unauthorized use of your account.

4. What LegacyArk Is, and What It Is Not

LegacyArk is a record-keeping tool. It helps you write down where things are and who to contact.

We are not a law firm, a financial adviser, an insurance agency or a fiduciary. Nothing in LegacyArk is legal, tax, financial or insurance advice. Using it does not create an attorney-client relationship. Our forms, prompts, summaries and checklists are general information, not advice about your situation. A LegacyArk vault is not a will and does not replace one. For advice about your estate, consult a licensed professional in your state.

5. Subscriptions, Renewal and Refunds

Plans

Individual is $149 for the first year and $79 for each year after, and includes only your own vault.

Family is $249 for the first year and $129 for each year after. It includes up to five vaults: yours, and up to four people you invite. You are billed. The people you invite are not. Each of their vaults is a separate, private vault belonging to that person. Paying for someone's vault, or including it in your plan, does not let you see inside it and does not combine your records with theirs. See section 6.

Trial

A new subscription starts with a 7-day free trial. You enter a payment method to start it. We do not charge it before the trial ends. If you do not cancel before the trial ends, we charge the first-year price on the day it ends. If you have subscribed before, there is no trial and we charge the first-year price when you subscribe.

Automatic Renewal

Your subscription renews automatically each year at the renewal price above, and your payment method is charged on the renewal date, until you cancel. You authorize us to charge your payment method on a recurring annual basis for your chosen plan. You can cancel online at any time from Billing in your account settings. Canceling stops the next charge. Canceling does not refund a charge already made; see Refunds below. If you cancel without taking a refund, you keep using your vault until the end of the year you have paid for.

Renewal Reminder

We email you 30 days before each renewal, with the amount, the date and how to cancel.

Refunds

You can get a full refund within 30 days of any charge, including renewals. We do not ask for a reason. You can request one refund yourself, by choosing Refund and cancel in Billing. Your plan then ends at once and your vault becomes read-only. On a Family plan, this also ends the plan for the people on it, and their vaults become read-only. See section 6. For any later refund, email support@legacyark.co and we will refund any charge made within the last 30 days. Nothing in this section limits a refund the law requires.

If a Payment Fails

We will retry it and email you. While a subscription is unpaid, the vault becomes read-only:

• Everything stays.
• You and the people you have chosen can still read and download it.
• You cannot add to it until payment resumes.

We never delete a vault for non-payment.

Taxes

Prices exclude tax.

Price Changes

We will give at least 30 days' notice before a renewal price changes, and will notify you at the email address on your account. The new price applies only from your next renewal.

6. The Family Plan

A Family plan includes up to five vaults: the plan owner's, and up to four people the owner invites. Each of those people is a member. A member's vault is on the owner's Family plan.

The plan owner is billed. Members are not.

Paying for a vault, or including it in a plan, gives no access to it. The person whose vault it is decides who sees inside.

A member can leave the plan, and the plan owner can remove a member. If the plan ends, a member is removed or a member leaves, that member's vault follows the same path as any unpaid vault under section 5: read-only, never deleted. The member can still read, download and print their records, or choose a plan of their own. If the owner switches to Individual, the members' places end at the owner's renewal. Their vaults follow the same path.

We email a member when the plan owner cancels or switches to Individual. The email says when the member's vault becomes read-only. We also email a member when the plan ends, when the member's place ends at the owner's renewal, and when the owner removes the member. We do not email the plan owner when a member leaves on their own. Check Billing if you are unsure whether your vault is on a Family plan.

7. What You Put Into LegacyArk

You retain all rights to what you record and upload. You give us only the permission we need to run the service for you:

• Store it
• Back it up
• Display it to you
• Show it to the people you have chosen, in the way you have chosen

We do not sell your content. We do not use it to train machine-learning models. We do not read it except where we must to operate the service, fix a fault, or comply with the law.

You are responsible for what you record, including information about other people. Record only what you have a proper reason to record.

8. Access After Death

You choose who can see your vault after you die, and how much. How that works is set out in the Access After Death section of our Privacy Policy, which forms part of these Terms. That section describes the notice period, how to stop it, and what a recipient sees.

Where you give that instruction. You nominate people, and decide what each may see, in LegacyArk itself. You do not do this in these Terms. That nomination screen is separate from these Terms. You complete it by its own deliberate act. You can change or remove any nomination at any time while you are alive. Using it is your instruction to us to disclose your vault's contents to the people you name, on the terms you set. We act on that instruction once the handoff described in the Privacy Policy completes.

What We Ask of Someone Who Receives Access

What you receive is not yours to publish, sell, or use for anything other than settling the affairs of the person who chose you. It holds information about them and about other living people — their family, their advisors, the people they named.

Your access is not permanent. It lasts while the vault does. We can end it if we have reason to believe it was obtained improperly.

If You Are Settling Someone's Estate and They Did Not Name You

If they named you, you already have access, and the Privacy Policy explains how.

If they did not, we cannot simply open their vault for you. If you are the court-appointed executor or administrator, write to us at support@legacyark.co. Include a copy of the death certificate and your letters of appointment. We will tell you what we can provide. Some of what a vault holds we can release to an executor on that basis. Some we cannot release without a court order or the account holder's own advance instruction. We may ask for identification and for documents supporting your appointment. Where a request would otherwise be unduly burdensome, we may charge a reasonable fee or ask a court to direct us.

9. Acceptable Use

Do not use LegacyArk to:

• Break the law
• Store material you have no right to store
• Attack or probe our systems
• Get at another person's vault
• Resell the service

10. Privacy

Our Privacy Policy explains what we collect, who it goes to, and how long we keep it.

11. Ending Your Subscription or Your Account

You can leave at any time. Cancel from Billing, or delete your account entirely from account settings.

Deleting your account cannot be undone. It removes your vault and its contents. Two categories of information are retained:

• Records you share with another living person move to them, rather than being deleted. They keep their own copy of the record. Any file attached to such a record stays where it is and remains reachable by them.
• Certain records we must keep, described in the Privacy Policy.

We may suspend or close an account that breaches these Terms. We may also do so if we must close it by law, or if continuing would expose us or another person to harm. Except where the law or the circumstances prevent it, we will tell you first. Where the law and the circumstances allow, you will also get a chance to export a printable copy of your vault, and to download your uploaded files one at a time before the account closes.

12. Changing or Discontinuing LegacyArk

We may change the service. If we discontinue it, or discontinue a material part of it, we will give you at least 30 days' notice where we reasonably can. During that time, you can export a printable copy of your vault. You can also download your uploaded files one at a time. We will refund the unused part of what you have paid.

If LegacyArk is sold, merged, or transfers its assets, including in bankruptcy, section 13 of our Privacy Policy explains how we handle your information.

13. Disclaimers

LEGACYARK PROVIDES THE SERVICE "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

We do not warrant that the service will be uninterrupted, timely, secure or error-free, or that any defects will be corrected. No security system can be guaranteed completely secure, and we cannot ensure or warrant that unauthorized access to your information will never occur. What we do to protect it is described in the Privacy Policy.

We do not verify death, identity, or the accuracy of anything recorded in a vault.

14. Limitation of Liability

To the fullest extent permitted by law, LegacyArk and its members, officers and contractors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or goodwill, however caused.

OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

NOTHING IN THIS SECTION LIMITS LIABILITY FOR GROSS NEGLIGENCE, WILFUL MISCONDUCT, FRAUD, OR ANYTHING THAT CANNOT BE LIMITED BY LAW.

THIS ALLOCATION OF RISK IS REFLECTED IN WHAT WE CHARGE AND IS AN ESSENTIAL PART OF THE BASIS OF OUR AGREEMENT.

Some states do not allow these limits, so parts of this section may not apply to you.

15. Indemnification

You will defend, indemnify and hold harmless LegacyArk and its members, officers and contractors from any claim, loss or expense, including reasonable legal fees, arising from what you record in LegacyArk, your breach of these Terms, or your violation of the law or of another person's rights.

This does not apply to the extent a claim arises from our own negligence or misconduct.

We will tell you promptly about a claim we want covered, and you may control its defense with counsel we reasonably approve. You may not settle in a way that admits fault for us or puts any obligation on us without our agreement.

16. Disputes

16.1 Arbitration

Any dispute arising out of or relating to these Terms or LegacyArk will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Judgment on the award may be entered in any court with jurisdiction. The arbitrator decides any dispute about the scope, enforceability, interpretation or formation of this agreement to arbitrate, except that only a court may decide whether section 16.2 is enforceable.

16.2 No Class Actions

Disputes will be arbitrated only on an individual basis. You and LegacyArk each waive any right to bring or participate in a class, collective or representative action.

16.3 Small Claims

Either of us may bring an individual claim in small claims court instead, if it qualifies.

16.4 How to Opt Out

You may reject arbitration by emailing arbitration-opt-out@legacyark.co with your name and the email address on your account, within 30 days of first accepting these Terms. We will acknowledge it. Opting out affects nothing else in these Terms. We will not treat you differently for doing it.

16.5 If the Class Waiver Fails

Notwithstanding section 19, if section 16.2 is found unenforceable, the whole of section 16 does not apply and any dispute goes to court.

17. Governing Law and Venue

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-law rules. Where a dispute is not subject to arbitration, it will be brought exclusively in the state or federal courts located in Colorado. Both of us consent to that jurisdiction.

Nothing here takes away any right you have under the consumer-protection law of the state you live in.

18. Changes to These Terms

We may update these Terms. If a change is material, we will give at least 30 days' notice by email or in the product before it takes effect. Continuing to use LegacyArk after that means you accept the updated Terms. If you do not, you may cancel and delete your account.

19. General

Severability. If any part of these Terms is unenforceable, the rest continues.

Assignment. You may not transfer these Terms. We may transfer them to a successor, subject to section 12.

No waiver. Not enforcing something once does not waive it.

No one else has rights under this agreement. These Terms are between you and us. Nobody else can enforce them, including people you nominate under section 8 and people named in your vault.

Entire agreement. These Terms and our Privacy Policy are the whole agreement between us about LegacyArk.

Survival. Sections 7, 10, 11, 12, 13, 14, 15, 16, 17 and 19 survive termination.

Notices. We will contact you at the email address on your account. Contact us at support@legacyark.co, or at the postal address in section 1.

20. Contact

support@legacyark.co

LegacyArk LLC
1209 Mountain Road Pl NE, Ste N
Albuquerque, NM 87110, USA

See also our Privacy Policy.