a. Software Product: The Service is a software-as-a-service product, and certain aspects of the Service are generally available to users with Payment (defined below). Among other things, the Service provides tools that assist an End User in preparing (i) a premarital agreement (a “Premarital Agreement”), and (ii) estate planning documents, which may include last wills and testaments, revocable living trusts, powers of attorney, healthcare directives, and related documents (collectively, "Estate Planning Documents," and together with Premarital Agreements, "Legal Documents"). The Service allows the End User to share information that the End User has uploaded to or created using the Service with persons of the End User’s choosing, such as the End User’s attorney that may be engaged through the Service and the other signatory to the End User’s Premarital Agreement.

b. Facilitating Attorney Consultation: We may make available to you a limited ability to communicate with an independent licensed attorney (“Attorney”) through the Service by way of edits and annotations to your Legal Documents and short text messages or otherwise. Attorneys made available for Premarital Agreements may differ from those made available for Estate Planning Documents based on their areas of practice and licensure.The Company makes this available so that an End User can obtain legal advice from an independent licensed attorney, if the End User chooses.  The End User is always free to consult with an attorney of their choosing. We facilitate payment of the fee to your Attorney (a portion of your fee paid to us) for the End User’s engagement of your Attorney under a Limited Scope Retention Agreement (“Attorney Agreement”) agreed to between the End User and Attorney. The Company is not a party to any agreement or relationship between the End User and Attorney, which will be governed by the Attorney Agreement. No Attorney who is made available through this feature is a director, officer,  employee, or agent who can bind, represent or speak for the Company. The Company has a separate agreement with the Attorney, but End User is not permitted to rely on that agreement or deemed a beneficiary of that agreement. The Company has no control over and will not influence the independent judgment of the Attorney, and is not responsible for Attorney services, including for the accuracy, availability, reliability or completeness thereof. Any communications and dealings you have with an Attorney while using the Service will be governed by the Attorney Agreement and are solely between you and the Attorney. The Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Attorney services.

c. Partner Access (including with Attorney): As part of the Service, if you are the partner who first signs up for First (“Initiating Partner”), you will direct us to contact your prospective spouse/ marriage/domestic union partner (“Joining Partner”, and with the Initiating Partner, each a “Partner”) to provide service to them as well in connection with preparation of the Premarital Agreement. The Joining Partner will be required to agree to and be bound by these Terms of Service and other matters for you both to proceed. One Partner’s single payment will also cover the other Partner’s engagement of the Service and, if you and your Partner choose to engage an Attorney through an Attorney Agreement, their own independent Attorney through the Service. The Partner Access provisions of this Section II.1.c apply solely to Premarital Agreements. Estate Planning Documents are prepared on an individual basis, and each End User preparing Estate Planning Documents does so solely for themselves. If you wish to prepare Estate Planning Documents for both yourself and your spouse or partner, each person must create a separate account; however, one Partner may purchase the Estate Planning Documents bundle for both Partners.The Service is also intended to facilitate the alignment and resolution of any discrepancies as to your preferences for the terms of the Premarital Agreement (but see the Disclaimer of Warranties and Limitation on Liability provisions set forth below). Other than related to each of your connections to your respective Attorneys, with respect to Premarital Agreements, You and your Partner acknowledge that there is no expectation of privacy between you and your Partner concerning the Service or in connection with these Terms of Service. With respect to Estate Planning Documents, your information and documents are confidential and will not be shared with any other user, including your spouse or partner, without your express written consent.

d. Completion, Timeliness, Compliance: To ensure the effectiveness of the Service and any associated Attorney services, you must provide accurate and complete information promptly within the First platform. You are solely responsible for providing accurate and timely data, communications and responses in the First platform. Delays or inaccuracies in the information provided by you can lead to delays and potential issues in the preparation of your Premarital Agreement. The Company is not liable for any loss or damage caused or alleged to be caused by or in connection with your failure to provide timely and accurate information, from any delays in communication with your Attorney, or from any instance of an End User circumventing the process on the First platform, including but not limited to circumvention of  any waiting period required under applicable state law, such as (i) the 7 day waiting period required under California law (7 calendar days between the date a party was first presented with the final Premarital Agreement and the date of signing), or (ii) the 7 day waiting period under Minnesota law (the agreement must be executed at least 7 days before marriage).

e. Term: For Premarital Agreements, the term of our provision of the Service will end at the earlier of: (i) 90 days after the date of purchase, (ii) 60 days after the Attorney has first communicated to you about your Premarital Agreement, or (iii) once you have confirmed that the Premarital Agreement is final, any waiting period such as the 7 day waiting period in California is complete (7 calendar days between the date a party was first presented with the final agreement and the date of signing), and the Premarital Agreement has been sent to you for signature. For Estate Planning Documents, the term of our provision of the Service will end at the earlier of: (i) 90 days after the date of purchase, or (ii) once you have confirmed that your Estate Planning Documents are final and they have been sent to you for execution.

f. No Tax Advice: We do not provide tax advice. Any information regarding taxes, including information related to estate taxes, gift taxes, generation-skipping transfer taxes, income taxes, or tax basis, in any communication from us is for general education only and is not tax advice. Estate planning decisions may have significant and complex tax consequences. We strongly recommend that you consult with a qualified tax professional regarding the tax implications of your Estate Planning Documents. We are not responsible for, and make no guarantee regarding, the accuracy or validity of any tax information obtained through our Service. Although we do not provide any tax advice, we do provide this disclosure pursuant to Internal Revenue Service Circular 230: “We inform you that any U.S. federal tax advice contained in any communication from us is not intended or written to be used, and cannot be used, for purposes of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing, or recommending to another person any matters addressed therein.”

g. No Financial Advice. We do not provide financial advice. Any financial information presented through the Service is for educational purposes only, and is not financial advice. We are not responsible for, and make no guarantee regarding, the accuracy or validity of any financial information obtained through our Service.

h. The artificial intelligence (AI) powered chatbots on our websites and apps (including the Clara AI chatbot available on https://www.thisfirst.com) (the “Chatbot”) is designed to provide general information related to FIRST products and services, including Premarital Agreements and Estate Planning Documents, from information available on our website, to summarize legal language you provide to it and to respond to general questions related to FIRST products, services and supported topics, including general questions about family law and estate planning. While the Chatbot strives to provide accurate and helpful information, we cannot guarantee the information will be complete, accurate or up to date. We recommend that You use the Chatbot’s responses as a starting point and verify the information as appropriate. By providing User Content to the Chatbot, You grant FIRST and its affiliates the right to use, reproduce, modify, perform, display, distribute and otherwise disclose your Content to third parties, including for the purpose of training, retraining, tuning or fine-tuning the Chatbot by FIRST and any model providers. Chatbot conversations may be reviewed by FIRST or our vendors to among other things provide the Chatbot service, improve its performance, monitor for quality and accuracy and address misuse or abuse.

i. Estate Planning Documents - Additional Disclosures.
If you use the Service to prepare Estate Planning Documents, you acknowledge and agree to the following:
(i) Testamentary Capacity. The validity of a will or trust may be challenged on the basis that the person executing the document lacked testamentary capacity at the time of execution. Testamentary capacity generally requires that you understand the nature and extent of your property, the natural objects of your bounty (i.e., your family members and others who might expect to inherit from you), and the nature of the testamentary act. The Service cannot assess or verify your testamentary capacity. If you have any concerns about your capacity, or if you are experiencing cognitive decline, memory issues, or are under the influence of medication that may affect your judgment, you should consult with an attorney and potentially a medical professional before executing any Estate Planning Documents.
(ii) Undue Influence. Estate Planning Documents may be challenged on the basis of undue influence if another person exerted improper pressure on you in the creation of the documents. You represent that you are creating your Estate Planning Documents of your own free will, without coercion or undue influence from any other person.
(iii) Execution Requirements. The requirements for properly executing Estate Planning Documents vary by state and by document type. Wills typically require witnesses (the number varies by state) and may require notarization. Trusts, powers of attorney, and healthcare directives have their own execution requirements. The Service will provide general guidance on execution requirements, but you are solely responsible for ensuring that your documents are properly executed in accordance with the laws of your state. Failure to properly execute Estate Planning Documents may render them invalid or unenforceable.
(iv) Funding of Trusts. If you create a revocable living trust through the Service, the trust must be "funded" by transferring assets into the trust to be effective. The Service does not assist with trust funding. You are solely responsible for transferring assets to your trust, which may require changing title to real property, updating beneficiary designations, and other actions.
(v) Certain assets pass outside of your will or trust pursuant to beneficiary designations (e.g., life insurance, retirement accounts, payable-on-death accounts). While the Service may provide you with a template letter to advise your financial planner or financial institution of your intent to change beneficiary designations on your accounts ("Beneficiary Designation Letter"), the Service does not directly change beneficiary designations on your behalf, and the Beneficiary Designation Letter does not itself effectuate any change to your beneficiary designations. You are solely responsible for working with your financial institutions to ensure that beneficiary designation changes are properly completed and that your beneficiary designations are consistent with your overall estate plan. The Company is not liable for any failure to update beneficiary designations or for any discrepancy between your Estate Planning Documents and your beneficiary designations.
(vi) Updates and Amendments. Estate Planning Documents should be reviewed and potentially updated following significant life events (marriage, divorce, birth of children, death of beneficiaries, significant changes in assets, changes in tax law, or relocation to a new state). The Service does not monitor your circumstances or notify you when updates may be needed. You are solely responsible for keeping your Estate Planning Documents current.
(vii) State-Specific Limitations. Certain estate planning provisions may not be enforceable in all states. For example, some states have community property laws, elective share statutes, or other laws that may limit your ability to disinherit a spouse or distribute property as you wish. The Service provides general templates that may not account for all state-specific limitations.

j. Healthcare Directives - Additional Disclosures.
If you use the Service to prepare a healthcare directive (also known as an advance directive, living will, or healthcare power of attorney), you acknowledge and agree to the following:
(i) HIPAA Authorization. Your healthcare directive may include a HIPAA authorization permitting your designated healthcare agent to access your protected health information. By executing a HIPAA authorization, you are authorizing healthcare providers to disclose your medical information to your designated agent. You should carefully consider whom you designate as your healthcare agent.
(ii) End-of-Life Decisions. Healthcare directives may address end-of-life medical treatment, including decisions about life-sustaining treatment, artificial nutrition and hydration, and palliative care. These are deeply personal decisions. The Service provides general templates and cannot advise you on what decisions are right for you. You may wish to discuss these decisions with your family, physician, or spiritual advisor.
(iii) State-Specific Forms. Some states have statutory healthcare directive forms that may be preferred or required by healthcare providers in that state. The Service attempts to provide forms that comply with applicable state law, but healthcare providers may request state-specific statutory forms.
(iv) Communication with Healthcare Providers. You should provide copies of your healthcare directive to your healthcare agent, your physician, and any healthcare facilities where you receive care. The Service does not distribute your healthcare directive to third parties.

k. Powers of Attorney - Additional Disclosures.
If you use the Service to prepare a power of attorney (whether for financial matters, healthcare, or other purposes), you acknowledge and agree to the following:
(i) Agent Authority. A power of attorney grants your designated agent significant authority to act on your behalf. Depending on the powers granted, your agent may be able to access your bank accounts, sell your property, make healthcare decisions, and take other significant actions. You should only designate as your agent a person you trust completely.
(ii) Risk of Abuse. Powers of attorney can be subject to abuse. While the Service provides standard safeguards, no document can fully protect against a dishonest agent. You should carefully consider your choice of agent and any successor agents.
(iii) Durability. A "durable" power of attorney remains effective even if you become incapacitated. A non-durable power of attorney terminates upon your incapacity. You should understand the implications of durability when creating your power of attorney.
(iv) Acceptance by Third Parties. Some financial institutions and other third parties may be reluctant to accept powers of attorney, particularly if the document is old or if the institution has its own preferred form. The Service cannot guarantee that third parties will accept your power of attorney.
(v) Revocation. You may revoke a power of attorney at any time while you have capacity by providing written notice to your agent and any third parties who have relied on the power of attorney. The Service does not assist with revocation.

l. Document Storage and Access.
(i) Digital Storage. The Company will store digital copies of your final Legal Documents for the retention periods specified in Section XII. You may access and download your documents through your account during this period.
(ii) No Physical Storage. The Company does not store physical copies of your Legal Documents. You are solely responsible for maintaining physical copies of your executed documents in a safe and accessible location.
(iii) Notification of Death. For Estate Planning Documents, you may designate an emergency contact who may notify the Company of your death. Upon verified notification of your death, the Company may, in its discretion, provide access to your Estate Planning Documents to your designated emergency contact, your personal representative, or the executor of your estate, subject to appropriate verification procedures.(iv) Account Inactivity. If your account is inactive for an extended period, the Company may attempt to contact you before terminating your account. You should ensure your contact information remains current.

Service Use: You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any purposes, any portion of the Service, use of the Service, or access to the Service. You understand and acknowledge that we are not an attorney and are not a law firm, and may not perform services performed by an attorney. Our communications will not be covered by the attorney-client privilege and any documents created using the Service will not constitute attorney work product. Our templates, chatbots and forms are not a substitute for the services or advice of an attorney. You understand that you are representing yourself in this and any associated legal matter.

By accepting these Terms of Service or using the Service, you understand and acknowledge that the Service is being provided and made available on an “As Is” or “As Available” basis. The Service may contain bugs, errors, and other problems. The Company strongly recommends that you back up all data and information prior to using the Service. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION, OR DATA. In addition, the Company is not obligated to provide any maintenance, technical, or other support for the Service.

You may be required to register with the Company or provide information about yourself (e.g., name and email address) to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under eighteen (18) years of age, you are not authorized to use the Service, with or without registering. The Service, including its interface, support and documentation, is currently only available in the English language. Misunderstanding the product due to language barriers could lead to legal or operational risks for End Users, including risks to the enforceability of your Legal Documents. For Premarital Agreements, this includes risks related to procedural requirements and voluntary execution. For Estate Planning Documents, this includes risks related to testamentary capacity, proper execution formalities, and the validity of your expressed intentions. Therefore, if you (or, in the case of Premarital Agreements, your Partner) are not proficient at reading and writing the English language, you are not authorized to use the Service for that product. By registering with the Company and purchasing any services, you represent and confirm that you are proficient at reading and writing the English language.

You are responsible for maintaining the confidentiality of your login and account details, if any, and are fully responsible for any and all activities that occur under your login or account. You agree to (a) immediately notify the Company of any unauthorized use of your login or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. The Company will not be liable for any loss or damage arising from your failure to comply with this paragraph.

The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof including beta services) with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service (or any part thereof).

You acknowledge that the Company may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service or the Company, and the maximum storage space that will be allotted on the Company’s or its third-party service providers’ servers on your behalf. You agree that the Company has no responsibility or liability for the deletion or failure to store any data or other content maintained by or uploaded to the Service. You acknowledge that the Company reserves the right to terminate accounts, including free trial accounts, that are inactive for an extended period of time. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

a. General Fees: As the Service is made available for a fee, you will be required to provide the Company information regarding your credit card or other payment instrument. You represent and warrant to the Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (e.g., a change in your billing address or credit card expiration date) that may occur. You agree to pay the Company the amount that is specified in accordance with the terms of such plan and this Terms of Service. You hereby authorize the Company to bill your payment instrument in accordance with these terms, and you further agree to pay any charges so incurred. If you dispute any charges you must let the Company know within sixty (60) days after the date that the Company charges you. Unpaid fees are subject to a finance charge of 1.5% per month on any outstanding balance or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with the Service other than U.S. taxes based on the Company’s net income.

b. Rush Fees: For Premarital Agreements where the wedding is scheduled within forty-five (45) days of the purchase date, the Rush Package Add-On must be purchased at the time of the order. In instances where the wedding date exceeds forty-five (45) days from the purchase date, but due to delays attributable to the customer in fulfilling the required steps in the service, the timeline is subsequently reduced to fewer than forty-five (45) days, we reserve the right to impose a Rush Package Add-On fee for Premarital Agreements. For Estate Planning Documents, a Rush Package Add-On may be required for expedited processing requested by the End User, as specified at the time of purchase. Prior to the imposition of any additional fees, one written notice will be provided. Customers are encouraged to promptly complete any requested steps to avoid the imposition of an additional Rush Fee.

c. Bundled Products
The Company may offer bundled products at a combined price ("Bundled Products"), including: (i) a bundle of Estate Planning Documents for an individual End User (an "Estate Planning Bundle"); (ii) a discounted bundle of Estate Planning Documents for two individuals who are a couple (a "Couples Estate Planning Bundle"); and (iii) a bundle that includes both Premarital Agreement services and Estate Planning Document services (a "Prenup + Estate Planning Bundle"). If you purchase a Bundled Product:
(i) Separate Documents. Each Legal Document within a Bundled Product is a separate legal document with separate legal requirements. Completion of one document does not affect the validity or enforceability of any other document within the bundle.
(ii) Separate Timelines. The Term for Premarital Agreement services and Estate Planning Document services within a Bundled Product shall be calculated separately in accordance with Section II.1.e.
(iii) Partial Completion. If you complete only a portion of the Bundled Product (e.g., you complete your Premarital Agreement but not your Estate Planning Documents, you complete your will but not your power of attorney, or vice versa), no partial refund will be provided.
(iv) Individual Estate Planning Documents. Notwithstanding any discount offered for a Couples Estate Planning Bundle, each individual's Estate Planning Documents are prepared separately and independently. Each individual must create their own account, provide their own information, and make their own decisions regarding their estate plan. The Company does not share one individual's Estate Planning Documents or information with the other individual in a Couples Estate Planning Bundle without express written consent. Each individual's Estate Planning Documents reflect only that individual's intentions and are not binding on the other individual.
(v) Partner Participation for Prenup + Estate Planning Bundles. For Prenup + Estate Planning Bundles, the Partner Access provisions of Section II.1.c apply only to the Premarital Agreement portion. Estate Planning Documents are prepared individually.
(vi) The Company reserves the right to verify eligibility and to revoke the discount if the eligibility requirements are not met.

We do not offer refunds on fees/payments at this time, including but not limited to instances where customers do not provide accurate and complete information, respond in a timely fashion to their Attorneys, or if your actions on the First platform violate these Terms of Service, a refund will not apply. Notwithstanding the foregoing, First reserves the right, at its sole discretion, to process a refund, subject to deduction of any applicable processing fees, including in the event of an inadvertent duplicate purchase. In the event of a chargeback initiated by a customer, the release of customer's Legal Documents (whether Premarital Agreement or Estate Planning Documents) will be suspended pending resolution of the payment dispute. The Premarital Agreement will not be released until the chargeback matter is fully resolved and all amounts due have been paid in full. The timeline and procedures governing chargebacks are determined solely by Your financial institution and are beyond First's control. Chargeback resolution may take up to ninety (90) days or longer. Customer acknowledges and agrees that if customer initiates a chargeback that remains unresolved past any applicable deadline (including, for Premarital Agreements, customer's wedding date), First shall have no liability for any failure to complete or deliver the Legal Documents prior to such deadline, and customer waives any claims against First arising from such delay.

Notwithstanding any amounts owed to the Company hereunder, the Company does not process any payment for any services. To facilitate payment for the Service via bank account, credit card, or debit card, we use third-party payment processors (collectively, “Payment Processors”). These payment processing services are provided by the Payment Processors and are subject to the applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, the “Payment Processor Agreements”). By agreeing to these Terms of Service, if you use the payment functions of the Service, you also agree to be bound by the applicable Payment Processor Agreement for the payment function that you are using, as the same may be modified by the applicable Payment Processor from time to time. You hereby authorize the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact the applicable Payment Processor for more information. The Company assumes no liability or responsibility for any payments you make through the Service.

You may be asked to provide feedback regarding your use of the Service. Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”) provided by you to the Company is non-confidential. The Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you, and you hereby assign to the Company all right, title, and interest (including all intellectual property rights) in and to such Submissions.

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to the Company, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service (collectively, “User Content”). 

The following are examples of the kinds of content and/or uses that are illegal or prohibited by the Company. The Company reserves the right to investigate and take appropriate legal action against anyone who, as determined by the Company in its sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree not to use the Service to:

a. email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of the Company, is objectionable or restricts or inhibits any other person from using or enjoying the Service, or may expose the Company or its users to any harm or liability of any type;

b. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

c. violate any applicable local, state, national, or international law, or any regulations having the force of law;

d. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

e. solicit personal information from anyone under the age of eighteen (18); 

f. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

g. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

h. further or promote any criminal activity or enterprise or provide instructional information about illegal activities;

i. obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;

j. circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or

k. engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by the Company from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

l. circumvent the process on the First platform, including but not limited to circumvention of the 7 day waiting period required under California law (7 calendar days between the date a party was first presented with the final agreement and the date of signing), once the final Premarital Agreement is presented to both parties, before it can be signed.

The Service may contain links to third party resources and businesses on the Internet, called here "links" or "Linked Site(s)." Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. We do not control, endorse or monitor the contents of any Linked Site. These Terms of Service do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any Linked Sites.

No employee, independent contractor, agent, or affiliate of any competing premarital agreement, marital agreement or estate planning preparation or other similar services of the Company is permitted to view, access, or use any portion of the Service without express written permission from the Company. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of the Company or any of its affiliates, or acting on behalf of a competitor of the Company in using or accessing the Service.

You agree that the Company has the right to aggregate, collect and analyze your data and information relating to your use of the Service (including any chatbot) and shall be free to use such data and other information to improve the Company’s products and services, including the training, evaluation, fine tuning and testing of any Company model based on artificial intelligence (AI) technology, such as large language models (“LLMs”), and to disclose any aggregated or otherwise anonymized data resulting therefrom.

The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device, and (iii) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding the Company and other entities by SMS, MMS, text message, or other electronic means to your mobile device, and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Company account information to ensure that your messages are not sent to the person that acquires your old number.

The technology and software underlying the Service or distributed in connection therewith are the property of the Company, its affiliates, and its licensors (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by the Company.

The Company is headquartered in the United States. If you access or use the Service from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, are subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws, including the forms and templates used to create the initial draft of your Legal Documents, whether Premarital Agreements or Estate Planning Documents. Except as expressly authorized by the Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

The Company name and logos are trademarks and service marks of the Company (collectively the “Company Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to the Company. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Company Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Company Trademarks will inure to our exclusive benefit.

Under no circumstances will the Company be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that the Company does not pre-screen content, but that the Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, the Company and its designees will have the right to remove any content that violates these Terms of Service or is deemed by the Company, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

You represent and warrant that you own all right, title, and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant the Company and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service in any form, medium or technology now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.

a. You hereby authorize the Company and its Third-Party Service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

b. You acknowledge and agree that the Company may preserve User Content, use such User Content in accordance with these Terms, and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Company, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

The Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify the Company of your infringement claim in accordance with the procedure set forth below. The Company will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to the Company’s Copyright Agent at legal@thisfirst.com. You may also contact the Copyright Agent by mail or facsimile at: Attn: Legal, 8605 Santa Monica Blvd, Suite 138384, Los Angeles, CA 90069. To be effective, the notification must be in writing and contain the following information:

a. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;

b. identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;

c. identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;

d. your address, telephone number, and email address;

e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

f. a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

a. your physical or electronic signature;
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b. identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

c. a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and

d. your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the United States District Court for the Central District of California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, the Company will send a copy of the counter-notice to the original complaining party informing that party that the Company may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against the Company or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, the accounts of users who are deemed to be repeat infringers. The Company may also, at its sole discretion, limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

This section titled “Dispute Resolution by Binding Arbitration” is referred to in these Terms of Service as the “Arbitration Agreement.” You and the Company agree that any and all disputes or claims that have arisen or may arise between you and the Company, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between you and the the Company, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and the Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury, unless you proceed in small claims court. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

The Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at help@thisfirst.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Company should be sent to legal@thisfirst.com (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If the Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.

Arbitration will be conducted by a single neutral arbitrator in accordance with the JAMS’ Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS' Streamlined Arbitration Rules and Procedures, in any case as modified by this Arbitration Agreement. The place of arbitration will be Los Angeles, California. For information on the JAMS, please visit its website, www.jamsadr.org. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless the Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by JAMS. If your claim is for $10,000 or less, the Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, provided that if your claim for damages does not exceed $75,000 then we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Any payment of attorneys’ fees will be governed by the JAMS Rules.

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

Notwithstanding any provision in these Terms of Service to the contrary, the Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending the Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).