Terms of Use

Welcome! 

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. 

By accessing or using our “Platform”) or by being provided with any or our  “Services”) and logging in to your ClearEstate account, you agree to be bound by these terms of use (the “Terms of Use”). You should also read our  Privacy Policy, which is incorporated by reference into these Terms of Use. You will be asked to accept these Terms of Use as part of your account registration on the Platform. Thus, if you do not wish to be bound by these Terms of Use, please do not access or use the Platform.

These Terms of Use explain your obligations and responsibilities and ClearEstate’s rights in connection with your access and use of the Platform and the Services.

 

ClearEstate may update or revise these Terms of Use from time to time and if your rights change, we will always notify you. If you do not agree to, or cannot comply with, the Terms of Use as revised, your sole recourse is to terminate your use of the Platform. . You will be deemed to have accepted the Terms of Use as amended if you continue to use the Platform and/or purchase our Services after any amendments are made. 

  1. Definitions

In ClearEstate’s Terms of Use and Privacy Policy, the term “Executor” refers to the person(s) designated by the Deceased or appointed by law to liquidate the estate or execute his/her will in such capacity, the term “Deceased” means the person deceased and for whom the Platform and the Services are used to liquidate the estate, and the term “Estate” (when capitalized) means the portal on the Platform created by the Executor of an estate, ClearEstate or our business partners in order to settle an estate, access and use the Services and share information and documents with some other users of the Platform or the Services.

For greater clarity, in these Terms of Use and ClearEstate’s Privacy Policy, the term "Services", when referring to those offered and provided by ClearEstate, refer to the Platform and its features and functionalities and the professional, assistance and support services provided by ClearEstate, as the case may be. ClearEstate does not provide tax, accounting or legal services or advice but may act as an intermediary between Platform users and third party tax advisors, accountants, lawyers, as well as other professionals and business partners, all of them acting as independent contractors and subject to the terms of the Agent for Executor Addendum.

2. Disclaimer of Warranty and Limitation of Liability

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).

3. Termination of the Platform and/or 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.

  1. Hyperlinks and third party service providers

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.

  1. Your Use of the Platform

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 are prohibited from and agree not to submit to the Platform any information that is inappropriate, obscene, or fraudulent. You are also prohibited, and you agree to refrain from transmitting or submitting to the Platform any information that you know to be outdated, false or misleading. You are prohibited from and you agree not to engage in any activity related to the use of the Platform that constitutes a criminal offence, unlawful action or violation of ClearEstate’s Terms of Use and Privacy Policy. You are solely responsible for any document or information that you submit to the Platform, including to an Estate. 

ClearEstate will automatically and without notice suspend your access to the Platform and to its services if ClearEstate has reasonable grounds to believe that your use of the Platform constitutes or is related to any criminal activity, unlawful act, violation of ClearEstate’s Terms of Use and Privacy Policy, or attempt to do the foregoing. Unless precluded by law, ClearEstate also reserves the right to transmit with notice any information that ClearEstate deems relevant (including personal information) to the appropriate authorities to prevent or stop any criminal or unlawful act, especially if the security, integrity and/or well-being of the Platform’s users are at risk. 

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. 

Other personal information about you may have to be submitted to the Platform by you or other users in order to settle an estate. Such personal information may include marital status, age, driver license, relationship with the Deceased, contact information, telephone number, email address, social insurance number. We refer you to our privacy policy. Any personal information you provide us will be processed in accordance with our Privacy Policy.

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: support@clearestate.com.

  1. Executor, Facilitator, Beneficiaries, Professionals

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. 

  1. Comments

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.

  1. Indemnification

You agree to indemnify and hold us harmless from all damages and causes of action arising from any of your actions or omissions related to your use of the Platform in violation of the present Terms of Use and/or ClearEstate’s Privacy Policy or applicable laws. Neither ClearEstate nor any other user, third party tax advisor, accountant, lawyer or other business partner assumes any responsibility or liability that may arise from any act or omission or unlawful, outdated, false or misleading content, transmission or upload by you or any other user.

  1. Disclaimer Clause

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.

  1. IT Security

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.

  1. Trademarks and Intellectual Property

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.

  1. Social Media Platforms

Certain pages of the Platform may be accessible through the following social media platforms: Facebook, Instagram, Twitter, YouTube and LinkedIn. Before consulting or using our Platform through these social media platforms, you must read and comply with their respective terms of use and privacy policy.

  1. Governing Law

These Terms of Use are governed by and construed in accordance with the laws of the Province where the Deceased was domiciled and the federal laws of Canada applicable therein, without regard to choice of law or conflicts of law principles. You agree that any dispute arising out of, or in connection with, the use of the Platform or its services is to be submitted to the exclusive jurisdiction of courts located in the Province where the Deceased was domiciled. If your access to the Platform is not related to a Deceased, these Terms of Use shall be governed by and construed in accordance with the laws of the Province of Quebec and any dispute arising out of, or in connection with, the use of the Platform or its services is to be submitted to the exclusive jurisdiction of courts located in the Province of Quebec, judicial district of Montreal.

  1. Entire Agreement

These Terms of Use constitute the entire agreement between you and ClearEstate regarding your access and use of the Platform, the Services and any other subject matter herein, and they replace any previous agreement, representation, warranty or understanding, whether verbal or written, express or implied, in this regard. If any portion of these Terms of Use is declared or held unlawful, invalid, or unenforceable, then such portion of these Terms of Use shall be deemed severed and shall not affect the validity or enforceability of the remainder of these Terms of Use.

  1. Enurement

These Terms of Use are binding upon and shall enure to the benefit of both parties and their respective heirs, agents, legal representatives, assignees, successors (including any successor resulting from a merger or other statutory arrangement) and permitted assigns. 

  1. Assignment 

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.

  1. Mobile Application

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 hello@clearestate.com. 

You acknowledge and understand that the ClearEstate mobile application (including any updates or upgrades thereto) will i) cause your device to automatically communicate with our servers to deliver our Services’ functionality (as described where you downloaded the mobile application, such as iTunes and Google Play), ii) affect app-related preferences or data stored in your device, and iii) collect personal information as set out in our Privacy Policy. Your telecommunication service provider may impose data charges when you use the ClearEstate mobile application and our Services or data charges for the updating or upgrading of the ClearEstate mobile application and our Services if you have not restricted updates and upgrades to Wi-Fi connections.  

  1. Information

Please send an e-mail to hello@clearestate.com for any questions regarding the operation of the ClearEstate Platform. 

To obtain user support: support@clearestate.com or call 1-(866) 210-2362 between 9am and 5pm from Monday to Friday (except holidays).

PAYMENT TERMS 

  1. Our Fees

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. 

 

  1. Payment

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.