Last updated March 2023
Thank you for deciding to use Willfinity (the “Services”, “Willfinity”, “we”, “us” or “our”), a service provided by OBA Creative ltd. (“OBA”), located at 1260-500 6th Avenue, New Westminster, V3L 1V3 BC, Canada and at 1-888-604-7770. We have prepared the following so that you (“you”, “your” or “End User”) understand the uses and limitations of our Services. Please read the following terms and conditions (the “Terms”) carefully, as they contain important information regarding your use of the Services. These Terms affect your legal rights and obligations. By accessing or using the Services, you acknowledge that you have read, understand and agree to be bound by these Terms. By agreeing to these Terms, which is a pre-condition of your subscription to the Services, you are confirming your acceptance of the Terms. If you do not agree to these terms, then you are not permitted to use the Site or Services.
We reserve the right to add, remove, modify, discontinue or otherwise change our website [https://www.willfinity.ca/] (the “Site) or Services or to modify these Terms, at any time and without prior notice or with such notice to you. If we modify these Terms, we will post the modification on the Site. The date of most recent revision shall be noted at the beginning of these Terms. Changes are effective when such changes, modifications, additions or deletions are posted to the Site. It is your sole responsibility to periodically review the Terms as posted on the Site. Your continued use of or access to the Site following the posting of any changes constitutes your acceptance of those changes.
YOU AGREE THAT BY USING THE SERVICES YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR PROVINCE OR TERRITORY OF RESIDENCE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
We offer an online will service called Willfinity through the website located at willfinity.ca (the “Site”). Willfinity is not a law firm. The information we provide is for your own private use and does not constitute formal legal advice in any circumstance. Legal advice can only be provided by a qualified lawyer licensed to practice law in your jurisdiction. Our basic service (the “Basic Service”) allows the End User to create a will online using self-service “fill in the blank” forms and Power of Attorney documents online (the “Materials”). If your matter is too complex to be addressed by our Services, you may need to consult a licensed lawyer to receive legal advice and you should not use our Services.
We may also provide additional services that you may elect to purchase, such as a subscription to store and make changes to your Materials or a premium subscription with access to additional features (the “Optional Services”). The details of these Optional Services will be disclosed on the Site. The Basic Service may also include the ability to store and make changes to your Materials depending on the particulars of your package. The Basic Service and any Optional Services are referred to collectively as the “Service” or the “Services”.
Since Willfinity is not a law firm and does not provide legal advice, any communications between you and Willfinity may not be protected by legal privilege. Your use of the Services does not create a lawyer-client relationship between you and Willfinity.
We provide online tools to assist you with the preparation, execution and storage of your Materials and related information. We strive to keep our tools current and up-to-date; however due to rapidly changing laws, our tools are not guaranteed to be correct, complete or up-to-date and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind we provide can fit every circumstance. We do not review the Materials for accuracy or legal sufficiency, draw legal conclusions or apply the law to the facts of your particular situation.
In the event an error in your Materials is caused exclusively by Willfinity, Willfinity will use best efforts to correct the error at no additional cost to you.
You acknowledge that Willfinity does not independently evaluate, investigate, or otherwise conduct any due diligence regarding any data you provide to Willfinity and has no liability to you for any damage or loss concerning the accuracy of your data. Your data is your responsibility.
Fees for the Basic Service, in the amount as stated on the Site and any applicable taxes (hereinafter referred to as “Basic Service Fees”), will be processed at the time you check out. Once payment is processed, you will be able to view, download or email the Materials. We may change the Basic Service Fees at any time and from time to time without prior notice or with such notice as required by applicable law.
Payment processing services for the Basic Service are provided by Stripe and are subject to the Stripe Services Agreement, available here. By agreeing to these terms or continuing to operate as a customer on Willfinity, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of using payment processing services through Stripe, you agree to provide accurate and complete information, and you authorize us to share this information and transaction information related to your use of the payment processing services provided by Stripe.
Fees for any Optional Service, in the amount as stated on the Site and any applicable taxes (hereinafter referred to as “Optional Service Fees”), will be processed at the time you checkout and will be subsequently charged as disclosed on the Site. We may change the Optional Service Fees at any time and from time to time without prior notice or with such notice as required by applicable law.
Payment processing services for Optional Services maybe provided by a payment service provider as disclosed on the Site and will be subject to the service agreement of that payment processor. By agreeing to these terms or continuing to operate as a customer on Willfinity, you agree to be bound by the service agreement of that payment processor, as the same may be modified by that payment processor from time to time. As a condition of using payment processing services through such payment processor, you agree to provide accurate and complete information, and you authorize us to share this information and transaction information related to your use of the payment processing services provided by such payment processor.
You may notify us of your intent to cancel any Optional Service at any time and your cancellation will become effective at the end of your current billing period or as soon as possible at your option. you will not receive a refund for the remainder of the term. Although we do not normally provide refunds or credits for the Basic Service or any Optional Services, we do reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
Notifications to the End User will be emailed to the email address you provide to us. We will use the most recent data that you provide to us. Failure to update contact details may result in inability to effectively notify Users or may result in sending notifications to an out-of-date party.
(a) We shall not be liable to you, or any third party, for any losses, damages, charges or costs arsing from (a) any input errors caused by you; (b) omissions in the data you provide us; or (c) content you publish to the Site.
(b) To the fullest extent permitted under applicable law, under no circumstance will we be liable to you, or any third party, for (i) direct damages in an amount that exceeds the total amount previously paid by you to us in the 12 month period preceding the event from which the liability arose, if you or the third party (as applicable) are located outside of the Province of Ontario; (ii) direct damages in an amount that exceeds $2,500 in the aggregate, if you or the third party (as applicable) are located inside of the Province of Ontario; and (iii) any indirect, special, incidental, consequential, punitive or exemplary damages whether based in contract, tort, negligence or any other legal basis, arising out of or in connection with the Site or Services; provided, however this limitation of liability shall not apply to any fraud, criminal misconduct, wilful misconduct, gross negligence or malicious or dishonest acts or omissions.
(c) Subject to the limitations and exclusions of liability in (a) and (b) above, in the event of a data breach of our systems arising from our negligent act or omission in which your personal information has been disclosed to a third party, we will provide you with reasonable identity theft protection services on terms and conditions determined by us in our sole discretion.
(d) You acknowledge that the forgoing limitations and exclusions of liability are reasonable in the commercial circumstances contemplated in these Terms and that we have relied on such limitations and exclusions in entering into these Terms.
The Site, Services and Materials (defined below), including all content, is the exclusive property of OBA and is protected by Canadian and worldwide copyright and trademark laws. OBA retains all rights in the Services, including, without limitation, software, images, texts, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music or any user content. By using the Site and Services, you agree to comply with copyright and trademark laws worldwide. you may not modify the content, or reproduce, display, distribute, lease, sell, create derivative works based (in whole or in part) on all or any part of the Service or any materials made available through the Service or otherwise use any of the material in any way for public or commercial use unless expressly authorized in writing by Final Blueprint Inc. you may not copy, imitate or use in any manner any text, graphics, images, button icons, company name or logo contained on the Website unless expressly authorized to do so by us.
Willfinity is a software program that you can access through a personal account via a password protected website. Except as permitted by law, you may not use this software for any purpose, other than those set out within these Terms. you may not attempt to decipher, decompile, disassemble or reverse engineer any of the components of this software, in whole or in part.
Subject to your compliance with these Terms, Willfinity grants you a limited, revocable, non-exclusive and non-transferable license to (a) keep for your own personal use electronic or physical copies of the documents you create from your use of the Services such as wills and powers of attorney (collectively, the “Materials”); and (b) use the Services as designed and as set forth in these Terms. We reserve all rights not expressly granted herein in the Services and the Materials.
Subject to the other provisions of these Terms, we grant you permission to download, view, copy and print the Materials on any single, stand-alone computer or device solely for your personal, informational, non-commercial use. You agree that you will not download, view, copy, print, or replicate any Materials other than for signing and witnessing the Materials. This permission terminates automatically without notice if you breach any of these Terms. On any such termination, you agree to immediately destroy the Materials in your possession and to cease using the Service. Any unauthorized use of the Materials or Services may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
You may not use the Site in any manner that could damage, disable, overburden or impair it or its application in any way. you may not upload, post or otherwise transmit any materials on this Website that would negatively impact the functioning of this Website, including but not limited to, computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs. you may not use any process or program to monitor, copy, summarize or otherwise extract information from the Service. Violations of system and network security may result in civil or criminal liability.
To the fullest extent permitted by applicable law, should We deem you, in our sole discretion, to be in breach of paragraph 9, We will terminate your use of the Service indefinitely, with no financial liability or recourse to you.
We will use best efforts to implement measures to avoid and eliminate all viruses/ harmful mechanisms.
When you create an account with Willfinity, your email address and other personal information is required upon your registration. The information you input must be your own and you may not use another person's personal information to access the Service. you may not register an email address which you do not own or for which you do not have the express permission of the owner to use.
When you create an account with Willfinity, you are required to provide a password. you may not share your password with any third party for any unauthorized or unlawful purpose or use. you agree to immediately notify us of any unauthorized uses made on your Willfinity account. We bear no responsibility or liability whatsoever, for any harm or injury that may arise from a third-party gaining access to your password, for any reason.
You may change your password as frequently as you deem necessary. you are solely liable and responsible for any loss, damage, harm or other injury which may arise from the unauthorized use of your username and/or password by a third party. We do not limit the number of times you may change your password. We strongly recommend that you change your password periodically. We also strongly recommend that you use a strong password (e.g. choosing a password of appropriate length, include capital and lower-case letters, numbers, punctuation marks) and that this password for your Willfinity account is unique and not one that you use for other services. The onus to change your password and to protect the confidentiality of your password rests solely on you.
Your Willfinity account may be accessed via the Site, through a desktop, a smartphone or tablet (your “Device”). you are solely responsible for safeguarding your Device and any access to that Device. The responsibility to keep your account secure from unwanted individuals rests solely with you. We assume no responsibility or liability for any account access through any unauthorized access through a Device.
Personal information that we collect in connection with your use of the Service will be handled in accordance with our privacy policy (“Privacy Policy”). If you have any questions about our Privacy Policy, you may contact us at support@willfinity.ca.
By subscribing to the Service, the End User acknowledges and consents to us using the information collected from the End User in accordance with the Privacy Policy.
The Materials are intended for your use. An enforceable will or Power of Attorney must be created by the individual to whom it relates. You cannot create a will or Power of Attorney on someone’s else’s behalf. If you sign up for an account with Willfinity, it is because you want to generate Materials for yourself. We do not endorse the views or wishes expressed in the wills nor do we take any responsibility for any actions taken as a result of the expressed wishes.
We will share your personal information with any law enforcement or government agency should we be required to do so by law.
You agree and acknowledge that you will use the Service only for its stated purposes and in a lawful manner. you agree that you will not use Willfinity in any manner whatsoever, or for any purpose whatsoever, that is harmful to you or to others, or which could be construed as harassment, intimidation or a violation of the privacy rights of others.
The Site may contain links to third party resources and businesses on the Internet, called here "links" or "Linked Sites." Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. We do not sponsor and are not legally associated with any third party "linked sites." We are not legally authorized to use any trade name, registered trademark, logo, official seal or copyrighted material that may appear in the link.
We do not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. We are not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. you should carefully review the terms and conditions and privacy policies of any third-party sites.
If you use any service provided on a Linked Site, (a) We will not be responsible for any act or omission of the third party, including the third party's access to or use of your customer data and (b) We do not warrant or support any service provided by the third party.
You specifically acknowledge and agree that your use of the Service is at your own risk and that the Site and the Service are provided on an “as is”, “as available” and “with all faults” basis. OBA, its officers, directors, employees, and agents disclaim to the maximum extent permitted by applicable law all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
OBA and its officers, directors, employees, and agents make no representations or warranties about (i) the accuracy, completeness, or content of the Site and Service, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to the Service, and/or (iii) the Service found at the Site or any sites linked (through hyperlinks, banner advertising or otherwise) to the Site, and We assume no liability or responsibility for same.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY OBA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTRE OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE SITE OR THE SERVICE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of the Site or the Service.
These Terms shall be governed by and interpreted in accordance with the laws of the province in which you reside and the federal laws of Canada applicable therein. In the event of a dispute, you agree that the courts in the province where you reside are competent to hear such dispute and you agree to be bound by any judgment of that court.
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Willfinity.
Neither Willfinity nor you shall be liable to the other for any failure to perform any of its or your obligations under these Terms during any period in which such performance is delayed by circumstances beyond its or your reasonable control, such as fire, flood, war, embargo, strike, epidemic, pandemic, riot, terrorism, or the intervention of any governmental authority (a “Force Majeure”). In such event, however, the delayed Party must promptly provide the other party with written notice of the Force Majeure. The delayed Party’s time for performance will be excused for the duration of the Force Majeure.
If any provision herein is held to be invalid or unenforceable to any extent, then such provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent.
Headings in these Terms are for convenience of reference only and shall in no way affect interpretation of such Terms.
In the event that any provision of these Terms is deemed to be void or unenforceable in whole or in part, it shall not affect or impair the validity of any other provisions of the Terms.
All provisions contained within these Terms shall constitute the entire agreement. No provision shall be removed without the prior written consent from OBA.
Should you not be able to access your account, you will need to contact Willfinity at support@willfinity.ca for assistance.
