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Terms of Service

  1. Acceptance of Terms and Eligibility

These Terms of Service (“Terms”) govern your access to and use of the website, platform, and related services operated by Frakes and Frakes, LLC d/b/a TrustHandled (“TrustHandled,” “we,” “us,” or “our”). By creating an account, purchasing a document package, or otherwise using TrustHandled’s services (collectively, the “Services”), you agree to be bound by these Terms. If you do not agree, do not use the Services.

You represent that you are at least 18 years old and have the legal capacity to enter into a binding contract in your state of residence. If you are using the Services on behalf of a union, association, employer, or other organization, you represent that you have authority to bind that organization to these Terms.

  1. What TrustHandled Does and Does Not Do

TrustHandled is a self-help, document-generation platform. Based on information you provide, our software assembles estate planning documents, such as wills, trusts, powers of attorney, and advance medical directives, from templates.

TrustHandled is not a law firm. We do not represent you, we do not act as your lawyer, and using our Services is not a substitute for individualized advice from a licensed attorney. Nothing on our site or in our platform, including any articles, guides, FAQs, or customer support communications, is legal, tax, or financial advice. It is general, educational information only and should not be the primary or sole basis for any legal, tax, or financial decision you make.

  1. No Attorney-Client Relationship

Using TrustHandled does not create an attorney-client relationship, or any other fiduciary or special relationship, between you and TrustHandled, its owners, employees, or any attorney who helped build our document templates. Nothing you submit to us, through our questionnaires, customer support, or otherwise, is protected by attorney-client privilege or work-product protection. Treat your communications with TrustHandled the same way you would treat a conversation with any non-lawyer service provider.

  1. We Do Not Review Your Answers or Your Documents

TrustHandled does not review the information you enter, or the documents our software generates for you, for legal accuracy, completeness, or whether they fit your particular circumstances. TrustHandled builds the underlying template. They do not review your individual answers or your finished documents. It is your responsibility to read your generated documents carefully and confirm they reflect what you intended.

Estate planning law differs by state, changes over time, and can interact with federal law in ways that are specific to your situation. If your circumstances are complicated, or you’re unsure whether our templates address something specific to you, we encourage you to consult a licensed attorney in your state before relying on any document you create with us.

  1. Signing, Witnessing, and Notarizing Your Documents

Generating a document through TrustHandled does not make it legally effective. Wills, trusts, powers of attorney, and medical directives typically must be signed, witnessed, and in many cases notarized in a specific way to be valid under your state’s law. Completing these steps correctly, and in accordance with your state’s requirements, is entirely your responsibility. TrustHandled does not supervise, verify, or guarantee that your execution of any document complies with applicable law.

  1. If You Were Referred by an Employer, Union, or Benefits Partner

TrustHandled’s Services may be offered to you as a benefit through an employer, union, association, or benefits platform (a “Referral Partner”). If you accessed TrustHandled through a Referral Partner:

  • Your Referral Partner is not TrustHandled, does not provide any part of the Services, and makes no representation or warranty of any kind about TrustHandled or the documents you generate using our Services.
  • You agree that your Referral Partner has no liability to you arising out of your use of TrustHandled’s Services, and you waive any claim against your Referral Partner relating to TrustHandled’s Services, to the fullest extent permitted by law.
  • Any dispute about the Services themselves is between you and TrustHandled under these Terms, not between you and your Referral Partner.
  1. Ownership and Use of the Platform

TrustHandled and its licensors own all rights in the Services, including our software, templates, educational content, and site design. We grant you a limited, non-transferable, non-commercial license to use the Services to prepare your own documents. You may not copy, resell, reverse-engineer, or redistribute any part of the Services, or use our content for any commercial purpose, without our written permission.

The documents you generate using accurate information you provide belong to you. It remains your responsibility to make sure they are complete, accurate, and properly executed under applicable law.

  1. Privacy and Data Security

Our collection, use, and protection of your personal information is described in our Privacy Notice and our Data Security policy, both of which are incorporated into these Terms by reference. Please review them before using the Services.

  1. No Warranty

The Services, including all templates, educational content, and generated documents, are provided “as is” and “as available.” To the fullest extent permitted by law, TrustHandled disclaims all warranties of any kind, whether express or implied, including any warranty that the Services will be error-free, uninterrupted, accurate, or fit for a particular purpose. We do not warrant that any document generated through the Services complies with the law of your jurisdiction in every circumstance.

  1. Limitation of Liability

To the fullest extent permitted by law, TrustHandled will not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or relating to your use of the Services. In no event will TrustHandled’s total liability to you for any claim arising out of or relating to the Services exceed the amount you actually paid TrustHandled for the Services giving rise to the claim.

If any limitation in this Section is found unenforceable, it will be enforced to the maximum extent permitted by law, and the remaining limitations will continue in full force.

  1. Indemnification

You agree to indemnify and hold harmless TrustHandled, its officers, employees, and agents from any claim, loss, or expense (including reasonable attorneys’ fees) arising out of your use of the Services, your breach of these Terms, or information you provide that is false, misleading, or violates the rights of a third party. This includes, without limitation, claims brought by a third party, such as a family member, beneficiary, or heir, relating to your use of the Services, even where you have used the Services as intended.

  1. No Third-Party Beneficiaries

These Terms are for the benefit of you and TrustHandled only. No other person or entity, including any family member, beneficiary, heir, or other individual named or referenced in a document you create using the Services, has any right to enforce these Terms or is an intended or incidental third-party beneficiary of this agreement.

  1. Resolving Disputes: Binding Arbitration and Class Action Waiver

Please read this section carefully. It affects your legal rights and how disputes between you and TrustHandled are resolved.

You and TrustHandled agree to first try to resolve any dispute informally by contacting us. If we can’t resolve it within [30] days, you and TrustHandled agree that the dispute will be resolved by binding arbitration on an individual basis, administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court.

  • The arbitration will take place in Arizona, before a single arbitrator licensed to practice law in the State of Arizona. If no such arbitrator is reasonably available through the administering organization, the arbitration will proceed before the most qualified available arbitrator as selected under the applicable rules. The arbitration may be conducted remotely or based on written submissions where the arbitrator permits.
  • You and TrustHandled each waive the right to a jury trial and the right to bring or participate in a class, collective, or representative action against the other.
  • Either party may bring an individual claim in small claims court instead of arbitration, and either party may seek injunctive relief in court to protect intellectual property rights.
  • Because claims under these Terms are limited to the amount paid for the Services under Section 10, TrustHandled will pay the administrative and arbitrator fees for the arbitration of any such claim, provided the claim is not frivolous.

This arbitration agreement survives the termination of your relationship with TrustHandled.

  1. Governing Law

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-law rules, except to the extent the Federal Arbitration Act governs the arbitration agreement above.

  1. Changes to These Terms

We may update these Terms from time to time. If we make a material change, we will post the updated Terms on our site and update the “Last updated” date above, and will make reasonable efforts to notify registered users. Your continued use of the Services after a change takes effect means you accept the updated Terms.

  1. General

These Terms, together with our Privacy Notice and Data Security policy, are the entire agreement between you and TrustHandled regarding the Services. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any provision is not a waiver of our right to do so later. Questions about these Terms can be directed to [SUPPORT EMAIL].