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Terms and Conditions

Terms of Use and Conditions

Thank you for selecting the Services offered by Legacy Track, Inc. and/or its subsidiaries and affiliates (referred to as “TrustFunder”, “we”, “our”, or “us”). Review these Terms & Conditions (“Agreement”) thoroughly. This Agreement is a legal agreement between you and Legacy Track, Inc. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services. This Agreement describes the terms governing your use of the TrustFunder online services provided to you on this website or if applicable applications, including content, updates and new releases, (collectively, the “Services”). It includes by reference:

  • Our Privacy Statement provided to you in the Services available on the website or provided to you otherwise.
  • Additional Terms and Conditions, which may include those from third parties.
  • Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.

By using TrustFunder, you agree to the following terms and conditions:

1. Authorized Use

You are authorized to use TrustFunder for organizational and informational purposes to help you manage and properly fund your estate. Please be advised this is not a supplement to your estate, and does not have any independent legal effect. In order to have proper legal documentation, you must consult your estate planning attorney. You may not use TrustFunder materials for any commercial purpose other than to facilitate the management of an estate for which an TrustFunder license fee has been paid. You may not reverse-engineer, copy, rent, or lease TrustFunder materials. TrustFunder materials are owned and copyrighted by TrustFunder, and any license you purchase confers no title or ownership in these materials and should not be construed as a sale of any right to those materials. The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by TrustFunder. TrustFunder reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, TrustFunder grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services. TrustFunder may terminate all records and storage of information, upon nonpayment for the license to access such information. You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

  • Provide access to or give any part of the Services to any third party.
  • Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
  • Make the Services available on any file-sharing or application hosting service.

2. Legal or Financial Advice

TrustFunder does NOT provide legal or financial advice, and while TrustFunder provides information and productivity software designed to assist with the effectiveness of your estate, ultimately you are responsible for decisions and actions regarding the estate, not TrustFunder. Nothing TrustFunder provides can be considered a substitute for the advice of a lawyer or financial professional. TrustFunder recommends you seek professional counsel for your estate planning needs. TrustFunder merely helps organize your estate information to help with a review and confirmation by your law firm as to its compliance with your estate plan. Any changes or preferences established within TrustFunder, will need to be independently addressed with your Lawyer, prior to it becoming a part of your estate plan. Such legal work will be done on the terms you agree to directly with your lawyer. To reiterate due to its importance, changes you make in TrustFunder does not change your estate plan, only changes that are drafted by your lawyer and properly executed will facilitate such changes.

3. TrustFunder “As Is”

TrustFunder is not perfect, and is provided “as is.” TrustFunder makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. While TrustFunder strives to provide relevant and accurate information and data processing, TrustFunder can never be completely aware of all circumstances surrounding your estate, there may be more recent laws, regulations, or court rulings that TrustFunder has not yet incorporated, and like all human endeavors, TrustFunder may sometimes make mistakes or encounter programming issues. Whatever you may conclude from reading TrustFunder materials and/or using the software, ultimately you are responsible for decisions and actions regarding the estate, not TrustFunder.

4. Availability

TrustFunder has been built to work well with most common browsers and devices as of 2025. That being said, TrustFunder makes no guarantees concerning about future service availability. In other words, TrustFunder does not guarantee proper functionality with every browser and every device … or even every future version of browsers and devices that are currently compatible.

5. Payments

For Services offered on a payment or subscription basis, the following terms apply, unless TrustFunder or its third-party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

a. Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.

You must pay with one of the following:

  1. A valid credit card acceptable to TrustFunder;
  2. A valid debit card acceptable to TrustFunder;
  3. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
  4. By another payment option TrustFunder provides to you in writing.

If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.

If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., update services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.

TrustFunder will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement.

Once you decide to purchase a TrustFunder license, such payments are non-refundable.

Additional cancellation or renewal terms may be provided to you on the website for the Services.

Privacy/Security: TrustFunder has a simple privacy policy: your data is yours. See Privacy Policy for details. For internal analytic purposes we may extract non-personally identifiable information for purposes of improving site effectiveness. In addition, you control what information is included, so you can choose only to include “x” numbers of an account number, at your election, the key for our system is for you and for your trustee to know what account is being referenced. All systems are inherently exposed to cybersecurity threats, however, we endeavor to take all such precautions to protect your information. We may tell you about our other services, products, or promotions. Additional terms and conditions and fees may apply. You grant TrustFunder, and its successors, permission to use information and experience to help us to provide the TrustFunder Services to you and to enhance the Services. You grant TrustFunder permission to combine your data, if any, with that of others in a way that does not identify you or any individual personally. You also grant TrustFunder permission to share or publish summary results relating to research data (no personally identifiable information) and to distribute or license such data to third parties.

6. Limitations on Liability

TrustFunder users bear all risk as to the quality, accuracy, relevancy, and performance of the website and the service. In no event, and to the maximum extent authorized by law, shall TrustFunder, or any organization or person associated with TrustFunder, be liable for any damages (including, without limitation, direct, punitive, incidental or consequential damages, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use TrustFunder, even if TrustFunder or an authorized TrustFunder representative has been notified orally or in writing of the possibility of such damage. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such states liability is limited to the extent permitted by law, and some of the above limitations may not apply to you. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF TRUSTFUNDER, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, TRUSTFUNDER, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET TRUSTFUNDER SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF TRUSTFUNDER AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF TRUSTFUNDER, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

7. Arbitration

It is TrustFunder’s goal to resolve through negotiation any dispute, claim, or controversy arising out of or relating to these terms, or the breach, termination, enforcement, interpretation or validity thereof, or to the use of TrustFunder. In case we fail to reach a resolution of such an issue, it must be settled via binding arbitration. In no case will disputes be decided by any court, jury trials, or class action.

Binding arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The United Nations Convention on Contracts is excluded and not applicable to this relationship, and the US Federal Arbitration Act shall govern the interpretation and applicability of this arbitration agreement.

To the maximum extent permitted by law and coherent to these Terms of Service: (i) the arbitrator will have no authority to award punitive or other damages not measured by the prevailing Party’s actual damages, except as may be required by statute; (ii) the arbitrator shall not award consequential damages in any arbitration initiated under this section; (iii) any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount; (iv) in no case shall any award payable by TrustFunder exceed the fees paid by the plaintiff to TrustFunder.

This arbitration agreement will continue to govern the dispute resolution for the Parties even after termination of the use of TrustFunder or termination of this agreement. Except as may be required by law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties.

Notwithstanding the above, TrustFunder retains the rights to initiate proceedings in any court or tribunal in order to obtain injunctive or equitable relief to protect intellectual property rights, both actual and threatened violations.

8. Indemnification

You shall defend, indemnify and hold harmless TrustFunder and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any activity by you in relation to TrustFunder.

9. Governing Law

Use of TrustFunder shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions. The United Nations Convention on Contracts is excluded and not applicable to this relation. Although no court involvement should ever become necessary due to the arbitration clause in these terms, you specifically consent to personal jurisdiction in Delaware in connection with any dispute involving TrustFunder, and that the exclusive venue for any dispute between the parties will be in the state and federal courts in Delaware.

10. Severability

In the event of the invalidity of any provision of these terms, such invalidity shall not affect the validity of the remaining portions.

11. Modification of Terms

From time to time, TrustFunder may modify these terms and conditions without prior notice, becoming effective immediately upon publication. If we make changes we deem particularly significant, we will provide notice with a special site display or via email. If you continue to use TrustFunder, you are agreeing to be bound by the then-current version of these terms and conditions.

12. Feedback and Follow-up

TrustFunder may freely use feedback you provide. You agree that TrustFunder may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant TrustFunder a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to TrustFunder in any way. TrustFunder may monitor your content, and provide feedback to you about steps to take to further your efforts. TrustFunder may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect TrustFunder or its customers, or operate the Services properly.

13. Passwords and Updates

You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact TrustFunder if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

14. Messaging: Telephone Numbers

You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that TrustFunder may use your telephone number for “multi-factor authentication” (“MFA”), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve TrustFunder sending text messages containing security codes to your telephone number. You agree to receive these texts from TrustFunder containing security codes as part of the MFA process. In addition, you agree that TrustFunder may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services. Short Messaging Service. (“SMS”). You can cancel SMS messaging at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from TrustFunder unless your number is resubscribed. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again. If you are experiencing issues with SMS messaging, you can reply with the keyword HELP for more assistance, contact TrustFunder here. Carriers are not liable for delayed or undelivered messages. Message and data rates may apply. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For more information on how TrustFunder processes this and other data, please read our Global Privacy Statement.

15. Disclaimer of Warranties

YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUSTFUNDER, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,”SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. TRUSTFUNDER AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. TRUSTFUNDER, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

16. Termination

TrustFunder may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services effective immediately, in whole or in part, for suspicion of fraud, security, illegal activity or unauthorized access issues to protect the integrity of our Services or systems and comply with applicable TrustFunder policy, or if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect TrustFunder’s rights to any payments due to it, nor shall there be any refunds. TrustFunder may terminate any account at any time.

17. Assignment

You cannot assign or transfer ownership of this Agreement to anyone without written approval of TrustFunder. However, TrustFunder may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by TrustFunder or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact TrustFunder via an email to: customerservice@TrustFunder.ai.

18. Questions or Complaints

If you have any questions, or are unhappy with something about TrustFunder, please contact info@TrustFunder.ai.