Terms of Service

Introduction

Welcome to ContiWealth. These Terms of Service ("Terms") govern your access to and use of ContiWealth's digital legacy and estate planning platform, including our website, dashboard, and services (collectively, the "Service").

By creating an account or using our Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Definitions

For purposes of these Terms:

"You" or "Testator" means the individual who creates an account and uses the Service to track assets and designate recipients.

"Recipient" or "Beneficiary" means an individual designated by the Testator to receive access to information after verified inactivity or death.

"Account" means your ContiWealth user account.

"Content" means all information, data, text, files, and documents you upload or input into the Service.

"We", "Us", or "ContiWealth" means ContiWealth, a company based in Quebec, Canada.

2. Eligibility

You must meet the following requirements to use ContiWealth:

• You are at least 18 years of age
• You have the legal capacity to enter into a binding agreement
• You are not prohibited from using the Service under applicable laws
• You provide accurate and complete registration information

ContiWealth is not intended for use by minors under 18 years of age.

3. Account Registration and Security

Creating Your Account:

• You must provide accurate, current, and complete information
• You must maintain and update your information to keep it accurate
• You are responsible for all activity under your account
• You may not share your account credentials with others
• You may not create multiple accounts for yourself

Account Security:

• You are solely responsible for maintaining the confidentiality of your password
• You must notify us immediately of any unauthorized access or security breach
• We recommend enabling multi-factor authentication (MFA)
• We are not liable for losses due to unauthorized use of your account

Account Termination:

You may close your account at any time through your account settings or by contacting support@contiwealth.com. See Section 15 for details on what happens to your data upon termination.

4. Service Description

ContiWealth provides a digital platform to help you:

• Organize and list your financial inventory and accounts
• Monitor digital asset holdings (public data)
• Store documents and important information
• Aggregate estimated values and potential tax data
• Designate recipients (beneficiaries) to receive information
• Trigger information sharing after verified inactivity or status change

4.1 Regulatory Status

ContiWealth is a Software Provider, NOT a Bank.

• We are NOT a bank, financial institution, or money transmitter.
• We DO NOT hold custody of your funds or assets at any time.
• We DO NOT process payments between users or third parties.
• We DO NOT provide investment, tax, or legal advice.

What ContiWealth Is:

• An organizational tool for your digital records
• A secure storage platform for your information
• A digital legacy data organization service

What ContiWealth Is NOT:

• A substitute for a legal will or formal estate plan
• A financial advisor or investment advisor
• A tax preparation service or tax advisor
• A licensed attorney or legal service provider
• A guarantee of inventory values or tax calculations
• A custodian of your actual assets or funds

Important: All tax data, value summaries, and projections are educational estimates only for organizational purposes and should not be relied upon for actual tax planning or financial decisions. Consult licensed professionals for legal, tax, and financial advice.

5. Testator and Recipient Relationship

5.1 Inviting Recipients

As the Testator, you may:

• Invite one or more individuals to be Recipients
• Specify what information each Recipient can access
• Modify or revoke Recipient access at any time while you are alive and active
• Set preferences for when information should be shared

Recipients must:

• Accept your invitation to become a designated Recipient
• Agree to these Terms
• Provide valid contact information

5.2 When Recipients Get Access

Recipients CANNOT access your information while you are alive and active.

Recipients gain access to your designated information ONLY after:

1. Trigger Event: The verification process is triggered by either:
   • Inactivity: You have not logged into your account for [X DAYS] consecutive days, OR
   • Recipient Request: A designated Recipient initiates the verification process.
2. Verification Attempts: Following the trigger event, we have attempted to contact you via email, SMS, and/or phone, AND
3. No Response: You have not responded to our verification attempts within [Y DAYS].

You Can Always Override: Even after the inactivity period, simply logging into your account will immediately stop the disclosure process and revoke Recipient access.

5.3 Death and Inactivity Verification

Our verification process includes:

Automated Monitoring:

• We monitor account login activity
• After [X DAYS] of inactivity, we begin verification

Multi-Step Verification:

1. Email notification to your registered email
2. SMS notification to your registered phone (if number provided)
3. Optional phone call (if number provided)
4. Escalating reminders over [Y DAYS]

Recipient-Initiated Process:

• Recipients can request verification if they believe you are deceased
• We will attempt to contact you before granting access
• You can respond at any time to confirm you are alive

Documentation Requirements:

For death claims, Recipients may be required to provide:

• Death certificate
• Court order
• Other official documentation

We reserve the right to verify documentation authenticity.

Important Limitations:

• Our verification is not a legal determination of death
• We do not issue death certificates or legal declarations
• Recipients should consult legal counsel for estate administration
• ContiWealth is not responsible for disputes between family members

5.4 Disputes Between Testators and Recipients

If disputes arise:

• Testators have ultimate control while alive
• Recipients cannot override a living Testator
• We may suspend access pending resolution
• We may require legal documentation (court orders, etc.)
• We are not mediators and do not resolve family disputes
• See Section 16 for general dispute resolution procedures

5.5 Our Right to Halt or Suspend Release

WE RESERVE THE RIGHT TO SUSPEND OR HALT ANY DATA RELEASE AT ANY TIME.

Notwithstanding any other provision in these Terms, ContiWealth reserves the right (but assumes no obligation) to suspend, delay, or permanently halt the release of any information to any Recipient if:

• We suspect fraud, identity theft, or unauthorized access
• We receive conflicting instructions or claims from potential heirs or family members
• We suspect the account activity is related to criminal activity
• We are served with a subpoena, court order, or other legal process
• We have a reasonable belief that releasing the information could result in legal liability

You agree that ContiWealth shall NOT BE LIABLE for any damages or losses resulting from our decision to suspend or halt a release under this section.

6. Subscription and Billing

ContiWealth is a subscription-based service.

6.1 Pricing and Payment

Subscription Plans:

Current pricing is available at https://contiwealth.com/pricing.

• Payment is due in advance (monthly or annual billing)
• All fees are in USD/CAD
• Prices are subject to change without notice
• You authorize us to charge your payment method automatically

Payment Methods:

We accept payment via credit card, debit card, or other methods through our payment processor Stripe.

6.2 Cancellation and Refunds

Canceling Your Subscription:

• You may cancel at any time through your account settings
• Cancellation takes effect at the end of your current billing period
• You will retain access until the end of the paid period
• No refunds for partial months or unused time

What Happens to Your Data:

• After cancellation, your account becomes read-only
• You can export your data for 30 days after cancellation
• After 30 days, your account and data will be deleted

Exception - Posthumous Access:

If your account has active Recipients and death has been verified:

• Your subscription cancellation does not affect Recipient access
• Recipients retain access for [X MONTHS] after verified death
• Recipients are not charged for access

6.3 Free Trials

We may offer free trials from time to time.

• Free trial duration will be specified
• No payment method required during trial (or will be charged at trial end)
• You can cancel before trial ends to avoid charges
• Full subscription terms apply after trial period

7. Your Data and Privacy

You Own Your Data:

All Content you provide remains yours. You grant us a limited license to store, process, and display your Content solely to provide the Service.

Our Use of Your Data:

We use your data only as described in our Privacy Policy.

Data Security:

We implement industry-standard security measures including:

• AES 256-bit encryption at rest
• TLS encryption in transit
• Regular security audits
• Access controls and authentication

However, no system is 100% secure. See Section 11 for liability limitations.

Deleting Your Data:

You can request deletion of your data at any time. See our Privacy Policy for details on data retention.

8. Third-Party Services and Integrations

ContiWealth integrates with third-party services to provide features:

8.1 Financial Account Connections

Bank and Investment Account Connections:

We use third-party services to connect to your financial institutions.

Important:

• We have READ-ONLY access to your accounts
• We CANNOT move money or initiate transactions
• We DO NOT store your banking passwords
• Connection is secured by the third-party service
• You can disconnect accounts at any time

Your Responsibilities:

• You must have authority to connect the accounts
• You are responsible for account credentials
• You must review connected accounts regularly

Our Responsibilities:

• We will not use account access for unauthorized purposes
• We will disconnect accounts upon your request
• We will notify you of any suspicious activity

8.2 Digital Asset Inventory

Digital Asset Inventory:

• You provide public keys only
• We query digital ledger data to list balances
• We NEVER ask for or store private keys
• We CANNOT move or access your digital assets

Disclaimers:

• Digital asset values are extremely volatile
• Digital ledger data may be delayed
• We are not responsible for digital asset price fluctuations
• We do not provide financial advice
• You are solely responsible for your private keys

8.3 Third-Party Terms

Third-party services have their own terms and privacy policies:

• Stripe Terms

You agree to comply with third-party terms when using integrations. We are not responsible for third-party service failures, changes, or discontinuation.

9. Acceptable Use Policy

You agree NOT to:

Fraudulent Activity:

• Make false death claims about yourself or others
• Impersonate another person
• Provide false or misleading information
• Attempt to access accounts you don't own

Abuse of Service:

• Harass, threaten, or abuse other users (Testators or Recipients)
• Upload viruses, malware, or malicious code
• Attempt to hack, breach, or circumvent security
• Scrape or data mine the Service
• Use the Service for illegal purposes

Prohibited Content:

• Upload illegal content
• Violate intellectual property rights
• Store content that violates laws or regulations

Consequences of Violations:

• Warning and request to cease activity
• Temporary suspension of account
• Permanent termination of account
• Legal action and cooperation with law enforcement
• No refund of fees paid

10. Intellectual Property

ContiWealth Owns:

• The Service (software, website, platform)
• ContiWealth trademarks, logos, and branding
• All underlying technology and code
• Documentation and materials we provide

You May Not:

• Copy, modify, or reverse engineer the Service
• Use our trademarks without permission
• Create derivative works
• Resell or redistribute the Service

Your Content:

You retain all rights to your Content. You grant us a limited, non-exclusive license to use your Content solely to provide the Service.

11. Disclaimers and Limitations

PLEASE READ CAREFULLY - IMPORTANT LEGAL DISCLAIMERS

11.1 Service Provided "AS IS"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

WE DO NOT GUARANTEE:

• 100% uptime or availability
• Error-free or uninterrupted service
• Accuracy of inventory values or calculations
• Compatibility with all devices or browsers
• That the Service will meet your specific needs

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 Not Professional Advice

CRITICAL: ContiWealth Does NOT Provide:

• Legal Advice - We are not attorneys. Consult a licensed attorney for estate planning, wills, and trusts.
• Tax Advice - Tax calculations are estimates only. Consult a licensed tax professional (CPA, tax attorney) for actual tax planning.
• Financial Advice - We are not financial advisors. Consult a licensed financial advisor for investment decisions.
• Insurance Advice - We are not insurance professionals.

Our estimates and calculations:

• Are for informational and educational purposes only
• Are based on data you provide (which may be inaccurate)
• May use simplified assumptions
• Do not account for all tax laws, deductions, or circumstances
• Should not be relied upon for actual planning

You must:

• Verify all information independently
• Consult licensed professionals for actual planning
• Not rely solely on ContiWealth for legacy/tax/financial decisions

11.3 Third-Party Services

We are not responsible for:

• Third-party service failures or outages
• Inaccurate data from data sources
• Changes to third-party APIs or services
• Discontinuation of third-party services
• Third-party data breaches
• Digital asset price fluctuations
• Digital ledger network issues

11.4 Data Accuracy

Inventory Values and Consolidated Summary:

• May not reflect real-time values
• Depend on third-party data accuracy
• May be delayed or outdated
• Are estimates, not guarantees

Tax Calculations:

• Are rough estimates based on current tax laws
• Do not account for all deductions, credits, or circumstances
• May become outdated as laws change
• Should not be used for actual tax filing

Digital Asset Values:

• Are extremely volatile
• May differ from exchange prices
• May be delayed
• Are not investment recommendations

11.5 No Fiduciary Duty

YOU AGREE THAT CONTIWEALTH IS NOT A FIDUCIARY, TRUSTEE, OR EXECUTOR.

Our relationship with you is solely that of a software service provider. We do not hold assets, we do not have a duty to investigate the accuracy of your information, and we do not have any fiduciary obligation to your estate or your beneficiaries beyond the contractual obligations explicitly set forth in these Terms.

11.6 Verification Mechanism Failure

Our verification process relies on automated systems (email, SMS). You acknowledge that these systems can fail due to technical issues, spam filters, or carrier errors. WE ARE NOT LIABLE if:

• Verification emails land in spam folders
• SMS messages are blocked by carriers
• You fail to update your contact information
• A "false positive" triggers data release (unless due to our gross negligence)
• A technical failure prevents a release when one was intended

11.7 Not a Banking or Financial Institution

You acknowledge that ContiWealth is solely a technology platform for data organization.

WE ARE NOT A BANK. Your account is not a bank account, and funds are not insured by the FDIC, CDIC, or any other government agency. The "values" displayed in your dashboard are for informational and organizational purposes only and do not represent actual funds held by ContiWealth.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

Our Total Liability:

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

We Are Not Liable For:

• Indirect, incidental, special, or consequential damages
• Lost profits, revenue, or business opportunities
• Loss of data or information
• Personal injury or property damage
• Damages resulting from your reliance on the Service
• Damages from third-party services or integrations
• Damages from security breaches or unauthorized access
• Damages from inaccurate data or calculations
• Emotional distress or family disputes

Even If:

• We were advised of the possibility of such damages
• Our remedies fail their essential purpose

Some Jurisdictions:

Some jurisdictions do not allow limitation of liability for certain damages. In such cases, our liability is limited to the fullest extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless ContiWealth, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any laws or regulations
• Your Content or data you provide
• Disputes with Recipients or other users
• False death claims or fraudulent activity
• Your reliance on information from the Service
• Third-party claims related to your use

This indemnification survives termination of your account.

Indemnification for Claims by Heirs

YOU SPECIFICALLY AGREE TO INDEMNIFY CONTIWEALTH AGAINST CLAIMS BY THIRD PARTIES.

You agree to defend, indemnify, and hold harmless ContiWealth from any claim, suit, or demand brought by your heirs, beneficiaries, estate executors, family members, or any other third party arising from:

• Your designation of Recipients (or failure to designate)
• The release of information according to your settings and our verification process
• Any disputes regarding the validity of your instructions to us
• Any dissatisfaction your heirs may have with the information you left (or didn't leave)

14. Changes to Service, Termination, and Sunset Protocol

Changes to the Service:

We may modify, suspend, or discontinue any part of the Service at any time with or without notice. We are not liable for any changes or temporary discontinuation.

Changes to Terms:

We may update these Terms from time to time. We will notify you of material changes by:

• Email to your registered address
• Notice on the website
• In-app notification

Notice Period:

We will provide at least 30 days' notice for material changes.

Your Options:

• If you disagree with changes, you may cancel your account
• Continued use after changes means you accept the new Terms
• Cancellation does not entitle you to a refund

14.3 Service Discontinuation (Sunset Clause)

Business Closure:

In the unlikely event that ContiWealth ceases business operations or shuts down the Service permanently ("Sunset"), we will provide:

• 90 Days Notice: We will notify you via email at least 90 days before the final shutdown resulting in data deletion.
• Data Export: You will have the opportunity to download/export your data during this notice period.

Liability Limitation for Sunset:

You agree that ContiWealth shall NOT BE LIABLE for any loss of data, loss of "legacy" information, or failure to deliver information to Recipients that occurs after the Service Sunset date. Our obligation to store your data is not perpetual and ends upon the lawful termination of the business.

Refunds upon Sunset:

NO REFUNDS will be issued for any pre-paid subscription fees, including annual plans, in the event of a Service Sunset. You acknowledge that the risk of service discontinuation is included in the subscription price.

15. Account Termination

Your Right to Terminate:

You may close your account at any time. See Section 6.2 for cancellation process.

Our Right to Terminate:

We may suspend or terminate your account if:

• You violate these Terms
• You engage in fraudulent activity
• You abuse the Service
• Your account is inactive for extended period (with notice)
• Required by law
• For any other reason with 30 days' notice

Effect of Termination:

• Your access to the Service ends immediately
• You lose access to your data (export before termination)
• Outstanding fees remain due
• Sections that should survive (liability, disputes, etc.) remain in effect

Posthumous Access Exception:

If you have designated Recipients and death has been verified, termination does not affect Recipient access for the specified period.

16. Dispute Resolution and Governing Law

Governing Law:

These Terms are governed by the laws of the Province of Quebec, Canada, without regard to conflict of law principles.

Disputes:

Any disputes arising from these Terms or the Service will be resolved as follows:

16.1 Informal Resolution

Before formal proceedings, you agree to:

1. Contact us at legal@contiwealth.com
2. Describe the dispute in detail
3. Allow us 30 days to attempt resolution

We will work in good faith to resolve disputes informally.

16.2 Binding Arbitration

If informal resolution fails:

Arbitration Agreement:

You and ContiWealth agree that disputes will be resolved through binding arbitration rather than court litigation, except as noted below.

Arbitration Rules:

• Conducted under the rules of ADR Institute of Canada / Quebec arbitration body
• One arbitrator selected per arbitration rules
• Location: Montreal, Quebec, Canada (or virtual)
• Language: English or French (your choice)
• Each party bears own costs (unless arbitrator decides otherwise)

Arbitration Decisions:

• Are binding and final
• Can be enforced in any court of competent jurisdiction
• Limited grounds for appeal under Quebec law

Exceptions to Arbitration:

You or we may seek relief in court for:

• Intellectual property disputes
• Injunctive relief
• Small claims court matters (if eligible)

16.3 Class Action Waiver

YOU AND CONTIWEALTH AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.

You Waive:

• The right to participate in class actions
• The right to participate in class arbitrations
• The right to be a representative in class proceedings

Each dispute:

• Must be brought individually
• Cannot be consolidated with other disputes
• Cannot be brought on behalf of others

If this waiver is found unenforceable, the entire arbitration section is void and disputes go to court.

16.4 Limitation on Time to File Claims

To the fullest extent permitted by applicable law, any claim or cause of action arising out of or related to these Terms or the Service must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

16.5 Improper Filings

If you file a claim in court that is subject to arbitration under these Terms, you agree to reimburse ContiWealth for its reasonable legal fees and costs incurred to dismiss the improper filing and compel arbitration.

17. General Provisions

Entire Agreement:

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ContiWealth.

Severability:

If any provision is found invalid or unenforceable, the remaining provisions remain in effect.

Waiver:

Our failure to enforce any provision does not waive our right to enforce it later.

Assignment:

You may not assign these Terms. We may assign them to a successor or affiliate.

Force Majeure:

We are not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, war, pandemics, etc.).

Survival:

Sections that should survive termination (liability, disputes, indemnification) remain in effect.

Language:

These Terms are drafted in English. If translated, the English version prevails in case of conflicts.

Headings:

Section headings are for convenience only and do not affect interpretation.

18. Contact Information

For questions about these Terms:

Email: legal@contiwealth.com

Support: support@contiwealth.com

Address: Quebec, Canada

Notice to ContiWealth:

All legal notices must be sent to: legal@contiwealth.com

Notice to You:

We will send notices to your registered email address. It is your responsibility to keep your email current.

19. Your Acknowledgment

BY CREATING AN ACCOUNT OR USING THE SERVICE, YOU ACKNOWLEDGE THAT:

• You have read and understood these Terms
• You are at least 18 years of age
• You agree to be bound by these Terms
• You understand ContiWealth is not a substitute for legal estate planning
• You understand we do not provide legal, tax, or financial advice
• You understand the limitations and disclaimers outlined above
• You understand the death verification process and its limitations
• You will consult licensed professionals for actual estate planning

If you do not agree, do not use the Service.