Please read the terms carefully before accessing or using the app.clearestate.com website and/or the ClearEstate mobile application, (collectively, the “Platform”) and their related transactional pages and services (collectively, the “Services”) and logging in to your ClearEstate account.
ClearEstate Technologies Inc. (“ClearEstate”, “we”, “us” or “our”) is a company that provides a Platform for the delivery of tech enabled estate planning and estate execution Services. ClearEstate is a registered company located at 200-481 Viger West Avenue, Montréal (Québec) H2Z 1G6 Canada.
We make every effort to ensure that the features of the Platform are reliable and accurate when published. Despite our best efforts, we cannot guarantee that the information is accurate or complete, free from error or omission, or that it is up-to-date at all times. We cannot guarantee that the Platform will be accessible at all times, without interruption, or that it will be free from errors. We shall not be held responsible for any damages that may result from the inaccessibility of the Platform, or from any difficulties that you may experience while you access it, including: an interruption of service; a network failure; the malfunction of any equipment, computer hardware or software; or any faulty, incomplete, incomprehensible or deleted transmission, whether or not such difficulties have been brought to our attention. In general, and without limiting the specific cases of limitation of liability mentioned above, and notwithstanding any provisions to the contrary, we shall not be held responsible for any damages that may result from or relate to the Platform and/or its contents or our Services, except in cases of gross or wanton negligence. When the Platform asks or suggests that you submit to it any document or information, you are responsible for submitting to the Platform the up-to-date, complete and accurate document or information, free from error or omission. We shall not be held responsible for and we hereby disclaim any liability in connection with any document or information submitted to the Platform or on an Estate by you or any other user (including users who have been granted an access to a specific Estate and related Services).
We reserve the right to suspend, and/or terminate, at any time, without warning, full or partial access to the Platform, including your account or any or all Estate(s) you have created on the Platform and any of the transactional pages and any of our pages accessible through certain social media websites, as well as our Services. We additionally reserve the right to discontinue uploading information to such sites, accounts and Estates, in which case we shall not be held responsible for any damages that you may incur. All information on the clearestate.com website and the ClearEstate mobile application is subject to change without prior notice. We may also suspend or terminate our Services and access to the Platform at any time in case of late payment of our fees as set out in the below Payment Terms.
The Platform contains hyperlinks that may direct you to the websites of our business partners (such as “StripeTM” or other internet payment services provider and “DocuSignTM” or other electronic signature provider) or other service providers or third parties (such as “Dentons Canada” or other legal or tax advisors). Such third party websites are not under our control, and we are not responsible for the contents of any such website or any link contained in such websites. The third party links included on the Platform are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such website or the products or services offered therein. If you decide to access any of the third party websites, you do so entirely at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party website.
Any third party content, data or publications made available through the Platform are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including legal professionals or tax advisors, are those of the respective author(s) or and not of us. WE DISCLAIM ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
Whenever instructed by you, ClearEstate may act as your agent and rely on the services provided by our business partners to help you settle an estate. In these instances, you will have to consent to the terms of our Agent for Executor Addendum.
Unless you have entered into a distinct written agreement with ClearEstate to that effect, (i) the Platform and the Services are made available to you and provided exclusively for your personal and non-commercial use, (ii) you cannot resell the Services or the use of the Platform. You cannot access and use the Services and the Platform in a manner that competes with ClearEstate's activities.
You must not use on the Platform any form of destructive software such as viruses, worms, Trojan horses, time bombs, cancelbots or other harmful components, files, programs or computer codes designed to interrupt, destroy or limit the functioning of the Platform. You may not attempt to gain unauthorized access to the Platform, an Estate, other computer systems or networks connected to the Platform by password extraction or other means; interfere with or disrupt networks or servers connected to the Platform or violate the regulations, policies or procedures of such networks; and use, download or otherwise copy, or provide to a person or entity, the user directory or other user information (including any information about a Deceased, its estate or beneficiaries), or data on the use or any portion thereof for purposes other than those used for the Platform.
To use the Platform, you must register and create a personal user account. You must be at least 16 years old to register and create an account. You will need to submit to ClearEstate personal information such as your name, personal address, your work email address, phone number and age as well as register a valid credit card. Your account information must be true, accurate, complete and up-to-date at all times. Otherwise, your access to your account may be suspended or terminated automatically and without notice.
You understand and agree that you are responsible for maintaining the confidentiality of the passwords associated with your account. You agree that you will be solely responsible for activities that occur under your account. If you become aware of any unauthorized access or activity, whether criminal or illegal, you agree to notify ClearEstate immediately at the following e-mail address: email@example.com.
If you are accessing and using the Platform as the Executor of an Estate or its facilitator, you have full control over the management of this specific Estate on the Platform and have the right to invite other users such as beneficiaries and professionals to access this Estate. You are solely responsible for granting access to such users and ClearEstate shall not be held responsible for any damages that you or other people may incur when granting access to an Estate to other users.
If you are accessing and using the Platform as the beneficiary of an Estate or as a professional, you may have limited access to the documents and information which can be available on the Estate. We refer you to the Executor of the Estate if you have any question about the documents and information you would like to access on the Estate.
As part of our standard Services, ClearEstate and the professionals we partner with review the documents and information submitted to the Platform, including the forms filled on or by the Platform and perform the Will validation process (probate). We understand that you may however prefer that your own professional advisors review those documents, information and forms and complete the probate.
Some estates are more complicated to settle than others. This is often the case when a trust has been established, a will is invalid, the status of the Executor is challenged, or if the property of the Deceased is located in multiple jurisdictions or includes equity in a corporation, partnership or other legal body. If further to our review we believe that settling the estate requires additional, specific or more sophisticated professional services, we will notify you and recommend that you retain the services of third party professionals in order to settle the estate.
We understand that you may however prefer that we continue to handle the settling of the estate for you. If that is the case, we will retain the services of professionals to address those specific issues. These services will be charged separately. We will seek your approval before applying any additional fees.
Unless you appoint us as your agent and, subject to the terms of the Agent for Executor Addendum, ClearEstate shall not be held responsible for any service or opinion provided to you (via the Platform or otherwise) by professionals appointed by you (such as tax advisors, accountants or lawyers) to assist in settling the Estate and disclaims any liability in connection therewith. Your relationship with such professionals shall be governed solely by your own agreement with them.
You can post comments on the Platform about your experience with ClearEstate's Services and express your appreciation of the Platform. ClearEstate may review your comments before or after they are posted, delay or prevent their publication and may delete them once posted if they are likely to cause injury or damage to others, or contain personal information or material that may be sensitive, illegal or that go against the Platform's rules of use or ClearEstate's recommendations. The purpose of this moderation is to enforce the rules of use of the Platform and to prevent abuse, but does not diminish your responsibility in any way. You must be the author of your comments and they must not violate the intellectual property rights of others. The comments expressed by a user of the Platform are those of that user and not those of ClearEstate.
By posting comments on the Platform, you grant ClearEstate a royalty-free, irrevocable, perpetual, worldwide and non-exclusive license to publish, reproduce and distribute said comments by any means of communication controlled or authorized by ClearEstate, including social media. You hereby waive any moral right you have on or to your published comments and you authorize ClearEstate to modify them to make them easier to understand and to identify you as the author of your comments. ClearEstate is under no obligation to publish your comments or keep them accessible, this decision being at our sole discretion.
ClearEstate requires all users of the Platform and its Services to be respectful and civilized in their comments. You are prohibited from posting comments that are likely to offend or that may expose an individual or group of individuals to hatred or contempt on the basis of race, origin, color, religion, sex, sexual orientation, age, physical or mental disability or other grounds. Your comments must be of a personal, non-commercial nature. ClearEstate strongly recommends that you do not post comments containing your personal information or that of the Deceased or beneficiaries.
You acknowledge that you are using the Platform and that you rely on it at your own risk. To the extent permitted by law, ClearEstate does not offer any warranty of any kind with respect to the Platform and ClearEstate’s Services, all provided "AS IS", “WHERE IS” and “AS AVAILABLE”. THE PARTIES EXPRESSLY EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OF SERVICES RENDERED, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AS WELL AS THOSE ARISING OUT OF APPLICABLE LAW OR OTHERWISE UNDER THE MARKET OR NORMAL COURSE OF BUSINESS. WE DO NOT WARRANT THAT THE PLATFORM WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTION OR BE FREE FROM ERROR.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT CLEARESTATE IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT OR PUNITIVE DAMAGES OR OTHER TYPES OF DAMAGES (INCLUDING IN PARTICULAR, PROPERTY DAMAGE, LOSS OF INFORMATION, PROGRAMS OR DATA, ECONOMIC LOSSES) ARISING FROM THE USE OF THE PLATFORM, ANY CONTENT PROVIDED, A THIRD PARTY WEBSITE, OR THAT ARISES FROM ANY ACTS OR OMISSIONS OF A USER, THE INABILITY TO USE OR ACCESS THE PLATFORM, WHETHER CLEARESTATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR SUCH LOSS, OR THAT SUCH DAMAGE OR SUCH LOSS IS REASONABLY FORESEEABLE.
YOU ACKNOWLEDGE AND AGREE THAT CLEARESTATE DOES NOT PROVIDE TAX, ACCOUNTING OR LEGAL SERVICES NOR OPINIONS BUT MAY ACT AS AN INTERMEDIARY BETWEEN PLATFORM USERS AND THIRD PARTY TAX ADVISORS, ACCOUNTANTS AND LAWYERS, AS WELL AS OTHER PROFESSIONALS AND BUSINESS PARTNERS, ACTING AS INDEPENDENT CONTRACTORS. CLEARESTATE IS NOT RESPONSIBLE FOR ANY SERVICE OR OPINION PROVIDED TO YOU (VIA THE PLATFORM OR OTHERWISE) BY ANY SUCH PROFESSIONAL ADVISORS AND DISCLAIMS ANY LIABILITY IN CONNECTION THEREWITH.
In all cases, you acknowledge that ClearEstate’s total and aggregate liability for such damages that you may claim and that may be granted to you is limited to the value of our agreement with you.
If you are accessing the Platform as a “facilitator”, “beneficiary” or “professional”, ClearEstate's Platform and Services are made available to you because the Executor has registered you as such for a specific Estate and has requested that an invitation be sent and access be granted to you in such capacity and for this specific Estate. Your access to the Platform and ClearEstate's Services will be terminated in the event of the Executor deciding to remove your right to access and use ClearEstate's Platform and Services in respect of this specific Estate. Notwithstanding the fact that your access to the Platform and the Services are granted by or on behalf of the Executor, the Executor will not be liable for any damage you may suffer as a result of your use of the Platform and the Services, and the Executor makes no warranty of any kind regarding the Platform and the Services. Without limiting the foregoing and subject to any written agreement to the contrary between ClearEstate and you, by accessing and using ClearEstate's Platform and Services through your user account, you agree that you are personally responsible for your own acts and omissions.
We comply with applicable laws governing the protection of personal information. In addition, we use encryption techniques to protect the confidentiality of the information exchanged between you and our service provider within transactional pages. We also protect information exchanged when the Platform is accessed through a non-secure platform or in a public location, which could endanger the security of your personal information or the documents or information submitted to the Platform. However, we shall not be held responsible for any damages that you may incur as a result of your access to the Platform under such circumstances.
Telecommunication networks (including the Internet), electronic systems, email or telephone communications (including SMS) are neither secure nor confidential. They can be accessed, lost or intercepted, in much the same way as communications by other means (for example, by post). No electronic system is completely secure or error-free. We shall not be held responsible for any damages that you may incur from using our Platform or from any exchange of e-mail or electronic messages (including SMS), whether originating from you or from us.
You alone are responsible for ensuring the protection and safekeeping of your data when using your computer platforms and devices.
ClearEstate may, in its sole discretion, audit, analyze, monitor, track and record the activities conducted on the Platform by you and other users. This can include logins and logouts, documents viewed, accessed or deposited, pages and sections accessed and features and functionalities used. ClearEstate does so for recordkeeping purposes, to improve the Services and the features and functionalities of the Platform as well as to document the activities conducted on the Platform for law enforcement and legal proceedings purposes.
All web content (including text, illustrations, graphics, images, photographs, audio and video clips, software and codes available on the Platform (collectively, the "Content"), including the manner in which the Content is presented, is protected by Canadian and foreign laws, notably under copyright law, and belongs to ClearEstate. You are prohibited from: i) using, reproducing, modifying, adapting, translating, downloading or transmitting the Content, in whole or in part, or otherwise permit access; ii) modifying, removing or covering any trademark or property notice included in or on the Content or the Platform; and iii) decompiling, disassembling, decrypting, extracting the Platform or performing reverse engineering on the Platform or their components, including, but not limited to, software, or assist anyone in doing the foregoing.
Certain names, words, titles, phrases, graphics, logos, icons or designs used on the Platform may be trademarks belonging to ClearEstate, our business partners, service providers or used with the consent of third party owners. You agree not to remove, edit or otherwise alter trademarks, service marks, logos and other proprietary information contained on the Platform. Trademarks and the information contained on the Platform, including comments from users, may not be reproduced, in whole or in part, or used in any way without obtaining our prior written consent.
You shall not assign or transfer your rights or obligations hereunder or otherwise without our prior written consent, which consent shall be at our sole discretion.
By installing the ClearEstate mobile application and its Services, you consent to the activation of the mobile application Platform developed by ClearEstate, and to all future updates and upgrades. You can withdraw your consent at any time by uninstalling the ClearEstate mobile application from your device. To request assistance, please contact ClearEstate at firstname.lastname@example.org.
Please send an e-mail to email@example.com for any questions regarding the operation of the ClearEstate Platform.
To obtain user support: firstname.lastname@example.org or call 1-(866) 210-2362 between 9am and 5pm from Monday to Friday (except holidays).
Our fees for Estate Settlement Services are payable in two equal installments: the first is due upon signing our fee quote; and the second is due either four months from the date of execution of our fee quote, or when probate is granted, whichever occurs first.
Our fees for Estate Planning Services are payable in two equal installments: the first is due upon signing our fee quote; and the second is due within 30 days of the date of execution of our fee quote, or when the agreed upon Services are completed, whichever occurs first. An additional annual subscription fee will be charged upon signing our fee quote and yearly thereafter.
All payments are due within 48 hours of the date of the invoice.
Payments can be made in US dollars or Canadian dollars, using a credit card issued by Visa™, MasterCard™ or American Express™. Applicable sales taxes will be added to all transactions in accordance with applicable laws.