1. Acceptance of These Terms

You agree to be bound by these Terms by: (a) using the Services in any manner; or (b) creating or accessing an Account. BEFORE DOING EITHER, PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE, YOU MUST NOT USE THE SERVICES OR CREATE AN ACCOUNT.

You also agree to abide by our Privacy Policy (available at heirloom.care/privacy-policy), which is incorporated by reference into these Terms. Please read it carefully.

Once you accept these Terms, you remain bound by them until they are terminated in accordance with Section 9 (Term and Termination).

2. Using the Services

(a) Right to Use.

Subject to your compliance with these Terms, Heirloom grants you a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services solely for lawful purposes in connection with managing, administering, or settling the estate of a deceased individual.

(b) What We Provide.

The Services include, but are not limited to: (i) an estate administration platform to help organize, manage, and track estate settlement tasks (the "Platform"); (ii) public records search and asset discovery capabilities to identify potential assets and liabilities of a decedent; (iii) AI-assisted document analysis and personalized estate guidance based on documents and information you provide; (iv) jurisdiction-specific guidance and informational resources related to estate settlement processes; and (v) such other tools, features, and services as Heirloom may offer from time to time in its sole discretion, including service where Heirloom acts as your agent to perform a number of estate administrative responsibilities ("Managed Service"). The scope, deliverables, and fees applicable to the Managed Service are set forth in a separate written agreement, statement of work, or service order entered into between you and Heirloom (each, a "Service Order"). In the event of any conflict between a Service Order and these Terms, the Service Order shall govern with respect to the Managed Service only.

(c) Evolving Capabilities.

Heirloom is actively developing additional capabilities, which may include, without limitation: (i) access to sensitive data sources, including credit bureau, IRS, DMV, and other protected data, which may require enhanced user verification or submission of legal authority documentation; (ii) integration with financial institutions and the ability to communicate with such institutions on behalf of an estate; (iii) assistance with or referral to probate court filings and government agency submissions; (iv) partnerships with asset valuation services for real property, business interests, digital assets, and other estate property; and (v) AI-assisted document generation, including draft probate documents, wills, and trusts. None of the foregoing represents a commitment by Heirloom to offer any specific capability, and the availability, timing, and terms of any such capability are subject to change. When introduced, such capabilities may be subject to additional terms, verification requirements, or fees.

(d) Service Updates.

The Services are evolving. Heirloom may update the Services at any time, with or without notice, including by adding, modifying, or removing features, products, or functionalities. We are not obligated to support or maintain any particular version or feature of the Services.

(e) Third-Party Providers.

Heirloom engages certain third-party service providers ("Providers") to enable or enhance the Services. These Providers include, without limitation:

• (i) Data providers such as Tracers (Enformion), which enable public records and asset discovery searches. Your query data and decedent information may be transmitted to these Providers to perform searches;
• (ii) Artificial intelligence and large language model ("LLM") providers, including Google (Gemini) and OpenAI (ChatGPT), which power certain AI-assisted features of the Services. Content you submit may be transmitted to these providers via their APIs for processing. Results are returned to Heirloom's systems and stored as part of your Account. By using AI-powered features, you acknowledge and agree that a third-party LLM provider will technically have access to and process submitted content;
• (iii) Financial institution partners, which Heirloom may introduce in connection with estate banking or other financial services; and
• (iv) Such other Providers as Heirloom may engage from time to time.

(f) Use Restrictions.

You agree not to, directly or indirectly (and will not permit any third party to):

• (i) use the Services for any purpose other than lawful estate administration or settlement on behalf of a specific decedent's estate;
• (ii) sell, rent, lease, sublicense, transfer, assign, or otherwise commercially exploit the Services or any portion thereof;
• (iii) use Heirloom's name, trademarks, logos, or other proprietary materials except as expressly permitted by these Terms;
• (iv) remove, alter, or destroy any copyright notices or proprietary markings;
• (v) copy, modify, translate, adapt, distribute, create derivative works of, reverse engineer, decompile, or disassemble the Services or any portion thereof;
• (vi) use any automated means, robot, spider, scraper, or other tool to access the Services or extract data;
• (vii) upload viruses, malware, or other harmful code, or attempt to circumvent the security of the Services;
• (viii) violate any applicable law or regulation in connection with your use of the Services;
• (ix) impersonate any person or entity, or falsely represent your authority, identity, or legal status;
• (x) provide false, inaccurate, or misleading information about yourself, the decedent, or the estate;
• (xi) use the Services in connection with any estate or decedent for which you do not have lawful authority to act; or
• (xii) use information obtained through the Services for any purpose other than the administration of the specific estate in connection with which it was obtained.

Heirloom reserves the right, in its sole discretion, to determine whether any user conduct violates these restrictions. We may remove offending content, suspend or terminate your Account, and cooperate with law enforcement as appropriate.

(g) Managed Service.

In addition to self-help software tools (including the Asset Discovery and Executor Toolkit tiers), Heirloom offers a white-glove concierge service (the "Managed Service") for executors and Estate Representatives who prefer to have a dedicated Heirloom estate specialist handle estate administration tasks on their behalf.

The Managed Service is a custom-priced offering, the terms of which are governed by a Service Order executed between you and Heirloom. Subject to the applicable Service Order, the Managed Service may include any combination of the following: (i) assignment of a dedicated estate specialist as your primary point of contact throughout the estate administration process; (ii) preparation, organization, and filing of estate administration documents, including probate court petitions, creditor notices, and inventory filings, as directed by you and permitted under applicable law; (iii) outreach to creditors, financial institutions, government agencies, and other organizations on your behalf to notify them of the decedent's passing, submit required documentation, and coordinate account closures or transfers; (iv) outreach to beneficiaries identified in the estate, including distribution notices and status updates as directed by you; (v) coordination of third-party service providers, including attorneys, accountants, and appraisers, as needed to advance estate settlement; and (vi) hands-on guidance and support throughout the estate administration process, from initial asset discovery through final distribution and closure.

The Managed Service is distinguished from Heirloom's self-help software offerings in that Heirloom's estate specialists actively perform tasks on your behalf rather than providing tools for you to perform those tasks yourself. Notwithstanding the foregoing: (A) Heirloom remains a technology platform and administrative services provider; estate specialists assigned to your matter are not licensed attorneys, and nothing performed under the Managed Service constitutes legal advice, legal representation, or the practice of law; (B) all actions taken by Heirloom under the Managed Service are taken at your direction and on your behalf as Estate Representative, and you remain the responsible fiduciary for the estate at all times; and (C) Heirloom's estate specialists may coordinate with and refer you to licensed professionals (including attorneys, accountants, and tax advisors) for matters requiring professional licensure, and any fees charged by such professionals are separate from and in addition to Heirloom's Managed Service fees. The self-help provisions of these Terms apply to Managed Service clients except where expressly superseded by a Service Order or by the Managed Service-specific provisions of Sections 3(f)(iv), 6(a), 10(c), and 14(b).

3. Registration, Eligibility, and Accounts

(a) Account Registration.

To access certain features of the Services, you must create an account ("Account"). When registering, you agree to provide accurate, current, and complete information about yourself and the relevant decedent and estate, and to keep such information updated. You are responsible for all activity that occurs under your Account, whether or not authorized by you. You agree to notify Heirloom promptly at [email protected] if you suspect any unauthorized access to or use of your Account.

(b) Eligibility.

You must be at least 18 years of age to use the Services. The Services are available only to individuals located in the United States. By using the Services, you represent and warrant that you meet these eligibility requirements. Heirloom reserves the right to verify your eligibility at any time and to refuse service to any person who does not satisfy these requirements.

(c) User Types.

Heirloom currently supports the following user types:

• (i) Executors and Estate Administrators (Primary Users): Individuals who serve as the executor, administrator, personal representative, or similar authorized party with respect to a specific estate. Primary Users create and manage the estate administration project associated with their Account (each such project, an "Heirloom").
• (ii) Beneficiaries (Secondary Users): Individuals invited by a Primary User to access a specific Heirloom in a secondary capacity. Secondary Users' access is subject to the permissions granted by the Primary User.
• (iii) Managed Service Clients: Estate Representatives who have executed a Service Order for the Managed Service. Managed Service Clients have access to all self-help features of the Services and additionally receive the dedicated specialist support and hands-on administrative assistance described in Section 2(g). Managed Service Clients' use of the Services is subject to both these Terms and the applicable Service Order.

Future versions of the Services may support additional user types, including professional service providers such as estate attorneys, accountants, and financial advisors. Heirloom reserves the right to modify or expand available user types at any time without notice.

(d) Required Attestation.

By creating an Account and using the Services, you confirm and attest that you are involved in managing or settling estate matters for a deceased individual and that you are authorized to do so on the terms described herein. You further represent that all information you provide about the relevant decedent and estate is accurate to the best of your knowledge.

(e) Account Credentials.

You are solely responsible for safeguarding your Account login credentials. You may not share your credentials with any third party or permit any other person to access the Services through your Account. Heirloom is not liable for any loss or damage arising from your failure to maintain the security of your Account credentials.

(f) Fees and Billing.

• (i) Access to the Services is subject to the applicable fees as published on the Site at the time of registration or as otherwise communicated to you ("Fees"). Heirloom's current pricing model is a one-time upfront fee that provides access to the Services for an initial term. Access beyond the initial term may require payment of additional Fees.
• (ii) Heirloom reserves the right to modify its pricing model, fee structure, service tiers, and the features included in each tier at any time, with or without notice. Such changes may include, without limitation, introducing subscription-based pricing, pay-per-use models, or tiered service packages. Your continued use of the Services following any such change constitutes your acceptance of the new pricing terms.
• (iii) Heirloom may offer free trials of the Services. Where a trial requires submission of payment information, you acknowledge and agree that your payment method may be automatically charged upon expiration of the trial period unless you cancel prior to the end of the trial. Heirloom will communicate the applicable trial and billing terms at the time of enrollment.
• (iv) Managed Service Fees. Fees for the Managed Service are custom-priced based on the complexity and scope of the estate and are set forth in the applicable Service Order. Managed Service fees may be based on the gross estate value, flat fee, milestone-based payments, hourly rates, or a combination thereof, as agreed in the Service Order. Heirloom's self-help pricing tiers (including the Asset Discovery and Executor Toolkit flat-fee tiers) do not include Managed Service, and enrollment in a self-help tier does not entitle you to Managed Service. Managed Service fees are generally reimbursable from the estate as a reasonable administration expense; however, you are solely responsible for ensuring that such reimbursement is permissible under applicable law and the governing estate documents, and Heirloom makes no representation regarding the tax or legal treatment of any fees.

(g) Refunds.

Heirloom may, in its sole and absolute discretion, issue refunds upon request through its customer support portal. Heirloom is under no obligation to grant any refund and reserves the right to evaluate each request on a case-by-case basis. To submit a refund request, contact us at [email protected].

4. Executor Authorization; Scope of Agent Appointment

(a) Executor Representations.

If you are accessing the Service in your capacity as an executor, administrator, personal representative, or successor trustee of a decedent's estate (each, an "Estate Representative"), you represent and warrant that: (a) you have been duly appointed by a court of competent jurisdiction or are otherwise authorized under applicable law to administer the estate identified in your account registration; (b) your authority to act on behalf of the estate remains in full force and effect as of the date of each use of the Service; (c) if your appointment requires the concurrence or joinder of one or more co-representatives, you have obtained all required consents prior to authorizing Heirloom to act on your behalf; and (d) your use of the Service does not violate any court order, will provision, trust instrument, or applicable law governing the administration of the estate.

(b) Limited Agent Appointment.

Subject to Section 4(a), you hereby appoint Heirloom, acting through its authorized personnel and automated systems, as your limited agent solely for the purpose of submitting informational inquiries to financial institutions, government registries, insurance companies, pension administrators, and similar organizations to identify and locate assets that may belong to the estate ("Asset Discovery Activities").

In the event you utilize Heirloom's Managed Service, the scope of this agent appointment is expanded as set forth in the applicable Service Order to include, without limitation, authority to: (a) prepare, sign, and submit estate administration documents on your behalf as directed by you; (b) contact and correspond with financial institutions, government agencies, creditors, and beneficiaries on behalf of the estate; (c) present Authorization Letters and supporting documentation to third parties; and (d) take such other administrative actions as are expressly authorized in the applicable Service Order.

In all cases, whether under the self-help Services or the Managed Service, this appointment does not include authority to: (a) transfer, claim, encumber, or direct the disposition of any asset; (b) execute any agreement, instrument, or election on behalf of the estate; (c) access, retrieve, or disclose the content of any digital account or communication; or (d) take any action beyond receipt of information responsive to an inquiry. See Section 4(e) for further disclaimer regarding the limits of Heirloom's role.

(c) Presentable Authorization Instrument.

In connection with each Asset Discovery Activity, Heirloom may generate a written authorization letter in your name and on behalf of the estate, referencing your appointment and the scope of authority set forth in Section 4(b) (each, an "Authorization Letter"). You authorize Heirloom to present Authorization Letters to third parties on your behalf. You acknowledge that (a) certain third parties may require additional documentation, including original or certified Letters Testamentary or Letters of Administration, before responding to any inquiry; (b) Heirloom does not guarantee that any third party will accept or act upon an Authorization Letter; and (c) you remain solely responsible for ensuring that your authority to act on behalf of the estate is valid, current, and sufficient for each inquiry Heirloom undertakes on your behalf.

(d) Ongoing Obligation to Notify.

You agree to promptly notify Heirloom if your authority as Estate Representative is revoked, suspended, limited, or otherwise modified by court order or operation of law. Heirloom reserves the right to suspend Asset Discovery Activities upon receiving notice of any challenge to your authority or upon reasonable grounds to believe your authority may be impaired.

(e) No Fiduciary Relationship.

Nothing in these Terms, and no action taken by Heirloom pursuant to the appointment in Section 4(b), creates or implies a fiduciary relationship between Heirloom and you, the estate, or any beneficiary, heir, or creditor of the estate. Heirloom acts solely as a limited administrative agent carrying out your instructions and does not assume any duty of care to any third party with respect to the estate or its assets. As the Estate Representative, you acknowledge and agree that Heirloom is only acting as an agent on your behalf and not serving as executor, co-executor, personal representative, trustee, or fiduciary of any kind with respect to the estate for which you are the Estate Representative. Heirloom shall have no authority to exercise independent fiduciary discretion or judgment regarding the administration, management, or distribution of any assets.

(f) Indemnification.

You agree to indemnify and hold harmless Heirloom and its officers, employees, and agents from and against any claim, loss, liability, or expense (including reasonable attorneys' fees) arising out of or related to (a) any misrepresentation regarding your authority as Estate Representative; (b) any action taken by Heirloom in reliance on the appointment granted in Section 4(b); or (c) any dispute among co-representatives, beneficiaries, or other parties regarding the administration of the estate.

5. Documents You Upload; Data Use and AI Training

(a) Document Uploads.

The Services allow you to upload documents relating to the decedent's estate, including but not limited to wills, trusts, financial statements, account statements, and other estate documents (collectively, "Uploaded Content"). You are solely responsible for the accuracy, completeness, and legality of all Uploaded Content you submit.

(b) Programmatic Processing.

Uploaded Content is processed by Heirloom's automated systems to generate personalized estate administration guidance and a tailored settlement plan. This processing occurs programmatically, without routine manual review by Heirloom personnel.

(c) Manual Review.

Notwithstanding Section 5(b), Heirloom reserves the right to review Uploaded Content manually for purposes including, without limitation, customer support, quality assurance, fraud prevention, and compliance with these Terms. By uploading content, you acknowledge and consent to such review.

(d) License to Heirloom; AI Training.

By submitting Uploaded Content, you hereby grant Heirloom a non-exclusive, worldwide, royalty-free license to use, copy, process, analyze, store, and display such content for the purposes of providing and improving the Services. This license includes the right to use Uploaded Content, in aggregated and de-identified form, to train, fine-tune, test, or otherwise improve Heirloom's artificial intelligence and machine learning models for any purpose, including without limitation AI-assisted document generation and estate guidance capabilities. Heirloom will use commercially reasonable efforts to de-identify such content before using it for model training purposes. If you do not wish your Uploaded Content to be used for AI training, please contact us at [email protected]; however, Heirloom cannot guarantee removal from previously completed training runs.

(e) Retention and Deletion.

Heirloom will retain Uploaded Content for as long as your Account is active or as needed to provide the Services. Upon termination of your Account, Heirloom may retain Uploaded Content as required by applicable law or for legitimate business purposes, subject to the terms of Heirloom's Privacy Policy.

(f) Your Representations.

By uploading any content, you represent and warrant that: (i) you have all necessary rights to submit such content and to grant the license described herein; (ii) the content is accurate and complete to the best of your knowledge; and (iii) submitting such content does not violate any applicable law, court order, or the rights of any third party.

6. No Legal Advice; No Attorney-Client Relationship; No Fiduciary Duty

(a) Platform Only.

Heirloom is a technology platform that provides informational tools and administrative assistance for estate settlement purposes. Heirloom is not a law firm and does not provide legal advice, legal representation, or legal services of any kind. No use of the Services creates or implies an attorney-client relationship between you and Heirloom. This limitation applies further to the Managed Service, since estate specialists assigned to Managed Service engagements are administrative professionals, not licensed attorneys, and nothing they do, say, prepare, or file on your behalf constitutes legal advice or legal representation. Documents prepared by Heirloom under the Managed Service are prepared at your specific direction as a self-help service and do not reflect independent legal judgment. Where a task requires the involvement of a licensed attorney (including, without limitation, advice on will contests, beneficiary disputes, tax elections, or court appearances), Heirloom will refer you to appropriate counsel since such legal services are outside the scope of the Managed Service and are subject to separate engagement.

(b) No Attorney-Client Relationship.

No attorney-client relationship is formed by your use of the Services, by your submission of any information or documents to Heirloom, or by any communication between you and Heirloom. No communication with Heirloom through the Services is privileged, and nothing communicated to Heirloom should be treated as legal advice.

(c) No Fiduciary Duty.

Heirloom does not assume any fiduciary duty to you, the estate, any beneficiary, heir, creditor, or any other party by virtue of providing the Services. Nothing in these Terms or the Services creates or implies a trust, agency (except as expressly and narrowly set forth in Section 4(b)), or fiduciary relationship of any kind.

(d) Informational Guidance Only.

All guidance, recommendations, checklists, and informational content provided through the Services are for general informational purposes only. Where the Services offer observations about common practices (for example, statements such as "most people in your situation choose to do X"), such statements reflect general observations only and do not constitute legal, tax, financial, or other professional advice. Such content is not a substitute for consultation with a licensed attorney, accountant, or other qualified professional, and you should not take or refrain from taking any action based solely on information provided through the Services without first seeking appropriate professional guidance.

(e) No Verification of Outcomes; Your Responsibility.

Heirloom does not verify, guarantee, or warrant the accuracy of any asset discovery results, estate valuations, document analyses, or other outputs generated through the Services. Search results may be incomplete, inaccurate, out of date, or may contain errors. You are solely responsible for (a) independently verifying any information obtained through the Services before relying on it; (b) ensuring you are responding to queries and notifications as applicable to advance any particular task we are executing on your behalf; and (c) ensuring you monitor, by interacting with the Heirloom portal, the status of tasks conducted by us or another party for you.

(f) Aggregate Statistics.

Heirloom may monitor your use of the Services and collect and compile data and information in an aggregated and anonymized manner, including to compile statistical and performance information ("Aggregated Statistics"). Aggregated Statistics are owned by Heirloom and may be used for any lawful purpose, including operating, developing, and improving the Services.

7. Intellectual Property; Your Content

(a) Heirloom's Rights.

The Services, including all software, content, text, graphics, logos, user interfaces, visual designs, and other materials, together with all intellectual property rights therein (collectively, "Heirloom IP"), are owned by or licensed to Heirloom. Subject to your compliance with these Terms, Heirloom grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for the purposes described in these Terms. No other rights in the Services or Heirloom IP are granted to you. You may not copy, modify, reproduce, distribute, sell, or create derivative works of any Heirloom IP without Heirloom's prior written consent.

(b) Your Content.

As between you and Heirloom, you retain ownership of all content you submit through the Services, including Uploaded Content. You grant Heirloom the license described in Section 5(d) with respect to such content. Heirloom does not claim ownership over any content you submit.

8. Referral Relationships and Third-Party Compensation Disclosure

(a) Feedback.

If you provide any suggestions, ideas, enhancement requests, comments, or other feedback regarding the Services ("Feedback"), you hereby grant Heirloom a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, distribute, and otherwise exploit such Feedback without restriction and without compensation to you. Heirloom has no obligation to implement any Feedback you provide.

(b) Third Party Referral Arrangements.

Heirloom may maintain referral relationships with third-party service and product providers, including without limitation financial institutions, estate banks, attorneys, accountants, valuation professionals, and other service providers. Where Heirloom refers you to a third-party provider, Heirloom may receive compensation, including referral fees, commissions, or other remuneration, in connection with such referral. Any such referral is made for informational convenience only and does not constitute an endorsement, recommendation, or professional advice regarding the suitability of the third-party provider for your specific circumstances. You are solely responsible for evaluating and selecting any third-party service provider. Heirloom has no liability for the acts, omissions, products, or services of any third-party provider.

9. Communications

By creating an Account or using the Services, you agree to receive communications from Heirloom, including by email, push notification, and in-app messages. Communications may include operational notices about your Account, updates to the Services, product announcements, and other content. You may opt out of marketing communications at any time by following the unsubscribe instructions in any such communication, but you acknowledge that you may continue to receive non-marketing operational communications relating to your Account.

10. Term and Termination

(a) Term.

These Terms are effective from the date you first access or use the Services and remain in effect until terminated in accordance with this Section 10.

(b) Termination by You.

You may terminate your Account at any time by contacting Heirloom at [email protected] or through the account settings in the App. Termination of your Account does not entitle you to a refund of any Fees paid, except as may be determined in Heirloom's sole discretion under Section 3(g).

(c) Termination by Heirloom.

Heirloom may suspend or terminate your Account or your access to the Services at any time, with or without cause and with or without notice to you, including without limitation if Heirloom believes you have violated these Terms, provided false or misleading information, engaged in fraudulent or unlawful conduct, or if Heirloom ceases to offer the Services. Heirloom shall not be liable to you or any third party for any suspension or termination of your Account or access to the Services. Notwithstanding the foregoing, if you are a Managed Service Client and Heirloom terminates your Managed Service engagement without cause prior to completion of the estate administration tasks set forth in your Service Order, Heirloom will: (i) provide at least thirty (30) days' prior written notice of such termination; (ii) use commercially reasonable efforts to complete any time-sensitive tasks in progress during the notice period to avoid material harm to the estate; (iii) deliver to you copies of all work product, correspondence, filings, and estate documents prepared or obtained by Heirloom on your behalf during the engagement; and (iv) issue a pro-rated refund of any prepaid Managed Service fees attributable to services not yet performed as of the termination date, as calculated in accordance with the applicable Service Order. Termination by Heirloom for cause (including breach of these Terms or the Service Order, or fraud) does not entitle you to the foregoing notice or refund obligations.

(d) Effect of Termination.

Upon termination of your Account for any reason: (i) your right to access and use the Services will immediately cease; (ii) Heirloom may delete your Account and all data and content associated therewith; and (iii) you will remain bound by all provisions of these Terms that by their nature survive termination, including without limitation Sections 5, 6, 7, 8, 12, 13, 14, 15, 16, 17, and 18. For Managed Service Clients, termination of the Account or the Managed Service engagement does not affect Heirloom's obligation to deliver work product under Section 10(c), and you retain ownership of all documents, filings, and correspondence prepared or obtained by Heirloom on your behalf under the Managed Service. Heirloom will make such materials available for download or delivery for a period of thirty (30) days following termination, after which Heirloom may delete them subject to any retention obligations under applicable law.

11. Changes to These Terms

These Terms may be revised by Heirloom at any time. When changes are made, Heirloom will post the updated Terms on the Site and update the effective date. If you have a registered Account, we will use reasonable efforts to notify you of material changes via email to the address associated with your Account. Changes will take effect immediately for new users and, for existing users, 30 days after posting unless a shorter period is required by law. YOUR CONTINUED USE OF THE SERVICES AFTER NOTICE OF ANY CHANGE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGE. IF YOU DO NOT AGREE TO ANY REVISED TERMS, YOU MUST STOP USING THE SERVICES.

12. Indemnification

You agree, to the extent permitted by applicable law, to indemnify, defend, and hold harmless Heirloom and its affiliates, directors, officers, stockholders, employees, licensors, and agents ("Heirloom Parties") from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees) due to, arising out of, or relating to: (a) your access to or use of the Services; (b) your breach of these Terms, any rights of another party, or any applicable law; (c) any misrepresentation by you regarding your identity, authority, or eligibility; (d) any inaccuracy in information you submit about yourself, the decedent, or the estate; (e) your use of any authorization granted under Section 4 beyond its intended scope; or (f) your negligence or willful misconduct.

13. Disclaimer of Warranties

(a) As Is.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WHERE-IS" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. HEIRLOOM EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

(b) No Guarantee of Results.

HEIRLOOM DOES NOT REPRESENT OR WARRANT THAT: (i) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; (ii) ANY ASSET DISCOVERY RESULTS WILL BE ACCURATE, COMPLETE, OR CURRENT; (iii) ANY JURISDICTIONAL GUIDANCE OR INFORMATIONAL CONTENT WILL BE ACCURATE, COMPLETE, OR APPLICABLE TO YOUR CIRCUMSTANCES; (iv) ANY AI-GENERATED OUTPUT WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR RELIANCE; OR (v) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS.

(c) Third-Party Data.

HEIRLOOM MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF DATA, SEARCH RESULTS, OR OTHER CONTENT PROVIDED BY THIRD-PARTY DATA PROVIDERS, INCLUDING TRACERS (ENFORMION).

(d) No Advice Created.

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HEIRLOOM OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

(e) Regional Differences.

THESE TERMS ARE MODELED TO BE BROADLY APPLICABLE IN THE UNITED STATES. THERE MAY BE INSTANCES UNDER THE LAWS OF A PARTICULAR STATE WHICH REQUIRES GREATER FORMALITY AND POTENTIALLY OTHER ATTESTATION OR DOCUMENTATION TO ALLOW US TO PROVIDE YOU THE KINDS OF SERVICES WE SEEK AND YOU WISH TO OBTAIN. YOU WILL NOT HOLD US LIABLE FOR ANY COSTS, DELAYS OR OTHER ISSUES THAT MAY ARISE FOR YOU DUE TO RULES AND REGULATIONS THAT WE HAVE NOT ACCOUNTED FOR GENERALLY.

14. Limitation of Liability

(a) Exclusion of Consequential Damages.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HEIRLOOM OR ANY HEIRLOOM PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, HOWEVER ARISING, EVEN IF HEIRLOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

(b) Cap on Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEIRLOOM'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (i) $100 USD, OR (ii) THE TOTAL AMOUNT YOU PAID TO HEIRLOOM IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NOTWITHSTANDING THE FOREGOING, FOR CLAIMS ARISING OUT OF OR RELATING SPECIFICALLY TO THE MANAGED SERVICE, THE LIABILITY CAP IN CLAUSE (I) ABOVE SHALL NOT APPLY AND HEIRLOOM'S TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL MANAGED SERVICE FEES ACTUALLY PAID BY YOU UNDER THE APPLICABLE SERVICE ORDER IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM. THE $100 MINIMUM FLOOR IS APPLICABLE ONLY TO CLAIMS ARISING FROM SELF-HELP SOFTWARE TIERS (ASSET DISCOVERY AND EXECUTOR TOOLKIT) AND DOES NOT APPLY TO MANAGED SERVICE CLAIMS. FOR THE AVOIDANCE OF DOUBT, THE EXCLUSION OF CONSEQUENTIAL DAMAGES IN SECTION 14(A) APPLIES TO BOTH SELF-HELP AND MANAGED SERVICE CLAIMS.

(c) Jurisdictional Variations.

Some jurisdictions do not permit the exclusion of certain warranties or the limitation of certain liabilities. To the extent these limitations are prohibited by applicable law, they may not apply to you in full.

15. Governing Law and Dispute Resolution

(a) Governing Law.

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

(b) Arbitration.

You and Heirloom agree that any dispute, claim, or controversy arising out of or relating in any way to your access to or use of the Services, these Terms, or the relationship between you and Heirloom will be resolved by binding individual arbitration, rather than in court, except that: (i) you or Heirloom may assert claims in small claims court if the claims qualify; and (ii) either party may seek equitable relief in court for infringement or other misuse of intellectual property rights.

(c) Informal Dispute Resolution.

Before initiating arbitration, the party seeking relief must provide written notice of the dispute to the other party, including a description of the nature of the claim and the relief sought. The parties agree to attempt to resolve the dispute informally for a period of 30 days following receipt of such notice. Notice to Heirloom must be sent to: Heirloom Innovations Inc., Austin, TX, USA; [email protected].

(d) Arbitration Rules and Forum.

If informal resolution fails, the dispute will be submitted to binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect, before a single arbitrator in Austin, Texas (or, if mutually agreed, via videoconference). The Federal Arbitration Act governs the interpretation and enforcement of this Section.

(e) Waiver of Jury Trial.

YOU AND HEIRLOOM EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO HAVE ANY DISPUTE HEARD IN COURT, EXCEPT AS SET FORTH IN THIS SECTION.

(f) Waiver of Class Action.

EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. THE PARTIES WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BROUGHT, HEARD, OR RESOLVED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS.

16. Severability; Waiver

If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed and will not affect the validity or enforceability of the remaining provisions. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

17. Force Majeure

Heirloom will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, civil unrest, embargoes, government actions, fire, floods, pandemics, epidemics, strikes, or shortages of transportation, fuel, energy, labor, or materials.

18. Assignment

You may not assign, transfer, subcontract, or delegate your rights or obligations under these Terms without Heirloom's prior written consent. Any purported assignment in violation of this Section is null and void. Heirloom may assign these Terms, or any rights or obligations hereunder, without your consent, including in connection with a merger, acquisition, reorganization, change of control, or sale of all or substantially all of its assets.

19. Export Control

You may not use, export, or re-export the Services except in compliance with applicable U.S. law and the laws of any other applicable jurisdiction. You represent and warrant that you are not located in, or a national or resident of, any country subject to a U.S. government embargo, and that you are not on any U.S. government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law.

20. Final Terms

These Terms, together with Heirloom's Privacy Policy and any applicable order confirmation or enrollment document, constitute the entire agreement between you and Heirloom with respect to the Services and supersede all prior and contemporaneous agreements, understandings, and discussions. No document issued by you will modify these Terms.

21. Contact Us

Questions, comments, or concerns? Please contact us at: