Terms of Use (Advisors)

Last Modified: March 11, 2026

Thank you for choosing ClearEstate. Please read these terms carefully before accessing or using the ClearEstate's Platform and Services.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND CLEARESTATE, AND BOTH YOU AND CLEARESTATE WAIVE THE RIGHT TO A JURY TRIAL OR CLASS ACTION. PLEASE READ SECTION 13 CAREFULLY TO ENSURE YOU UNDERSTAND HOW THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND THE REMEDIES AVAILABLE TO YOU. IF YOU ARE RECEIVING THE SERVICES AS AN ONTARIO, QUEBEC OR ALBERTA RESIDENT SECTION 13.4 DOES NOT APPLY TO YOU.

THIS AGREEMENT CONTAINS USER AGREEMENTS AND DISCLAIMERS WHICH AFFECT YOUR RIGHTS. PLEASE READ CAREFULLY SECTION 5 OF THESE TERMS OF USE BEFORE CREATING YOUR ACCOUNT ON THE PLATFORM.

1. Acceptance of these Terms of Use

These terms of use (the “Terms of Use”), the terms specific to the ClearEstate plan you have purchased (“Purchase Agreement”) and our Privacy Policy, found here (the “Privacy Policy”) constitute a binding legal agreement between you and ClearEstate Technologies Inc. (“ClearEstate”, “we”, “us”, or “our”), headquartered at 614 St-Jacques #100, Montreal, Quebec, H3C 1E2, Canada, that governs your access to and use of our website (the “Website”), including areas of our website accessible only to paid users (the “Platform”), any account you create on the ClearEstate Platform (“Account”), and any related-services or functionality offered or provided by ClearEstate or its Customer Support Team (as defined below) via the Platform (the “Services”). Before you access the Platform, you will be asked to indicate your acceptance by clicking an “agree” button to these Terms of Use and our Privacy Policy. If you are an Advisor Pro User you will also be required to accept the Purchase Agreement applicable to the plan you purchased, in addition to our Terms of Use and Privacy Policy.

The Purchase Agreement will supplement and amend these Terms of Use. By accessing or using the Platform and/or by receiving the Services, you agree to be bound by these Terms of Use and the Purchase Agreement, as defined in Section 2. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, OR THE PURCHASE AGREEMENT, OR THE PRIVACY POLICY, YOU MUST REFRAIN FROM ACCESSING OR USING THE PLATFORM AND CLOSE YOUR ACCOUNT.

By using the Platform, you acknowledge that you: (i) are of the legal age of majority under the applicable law where you reside to form a binding contract with ClearEstate; (ii) have read and understood these Terms of Use, the Purchase Agreement and its corresponding Purchase Terms; and (iii) agree to be bound by these Terms of Use and the Purchase Agreement and its corresponding Purchase Terms.

Neither party hereto shall argue that an agreement was not formed hereunder based on either (i) the use of electronic means to indicate acceptance of these Terms of Use and the Purchase Agreement; or (ii) that any signature or acceptance of these Terms of Use or the Purchase Agreement was transmitted or communicated through electronic means.

If you breach any of these Terms of Use, the Purchase Agreement, or the Privacy Policy, ClearEstate retains the right to terminate your access and use of your Account, the Platform and Services.

2. Definitions

The following definitions have the meanings set out below and apply throughout these Terms of Use, the Purchase Agreement, and the Privacy Policy. Unless the context otherwise requires, words in the singular include the plural and vice versa.

“Account” means a ClearEstate account created by a User of the Platform.

“Access” means the access that an Advisor has of a Primary User Account which allows the Advisor to view the Account of a Primary User as well as to record, upload, download, and transmit, manually or electronically, data to a Primary User Account.

“Account in Default” means the status of an Account under any Plan where fees have remained unpaid for more than thirty (30) calendar days. While an Account is in Default, the Primary User and any Guest Users authorized by the Primary User may lose access to the Primary User’s Account. Access may be restored once all outstanding fees and applicable interest have been paid in full.

“Add-on” means the additional fees as specified in the corresponding Purchase Agreement.

“Advisor” means You who accesses the Platform as a User under an Advisor Plan. As an Advisor you can grant Access to your teams who after creating an account in the Platform will obtain access to the Users that have granted you Access.

“Advisor Basic” means the free, low tier of the Advisor Plan. Under this Plan, Advisors may enjoy Access to a Primary’s User Account if such Primary User has granted Access.

“Advisor Client” means an individual who is a client of an Advisor

“Advisor Client Profile” means the profile that an Advisor creates of a client, with whom he has a business relationship with, as part of the features provided by the Platform. An Advisor Client Profile is only visible to an Advisor, until / unless the referred client accepts the referral, creates an Account and accepts ClearEstate Terms of Use.

“Advisor Plan” means any plan offered by ClearEstate to Advisors, which include: Advisor Basic, Advisor Pro, and any other Advisor plan offered by ClearEstate in the future, as advertised on the Website.

“Advisor Pro” means the Advisor Plan that is paid and has additional features to the Advisor Basic Plan, as specified in this Terms of Use and in the specific Purchase Agreement.

“Annual Subscription” means a subscription to Advisor Pro that is billed annually.

“Applicable Law” means all applicable federal, provincial, territorial, and municipal laws, statutes, regulations, by-laws, orders, rules, and other requirements having the force of law, including PIPEDA, the Quebec Act respecting the protection of personal information in the private sector, CASL, anti-money laundering legislation, and all rules and requirements of applicable regulatory authorities.

“Fee” means the fee payable to enjoy an Advisor Pro as set forth in these Terms of Use and in the specific Purchase Agreement.

“Claims” has the meaning set forth in Section 8.

“ClearEstate Plans” means any Online Will, Estate Plan or Estate Settlement Plan, as published on the Website. 

“Customer Support Team” refers to the ClearEstate employees who are experienced and trained to guide you through the Services covered under your ClearEstate Plan.

“Digital Vaults” means the digital space where an Advisor Client that has accepted the referral from an Advisor and created an Account stores their estate planning documents created independently without the ClearEstate Platform.

“Estate”means a deceased’s inheritance, including all real estate; funds in bank, investment and other financial accounts; tangible property; electronic property; and trusts and other legal entities that are transferred from the deceased to their Beneficiaries, in accordance with Testamentary Documents and rules.

“Estate Plan” refers to a ClearEstate Plan that allows a User to plan their Estates.

“Estate Settlement Plan” refers to a ClearEstate Plan that allows a User to settle their loved one Estate.

“Guest User” means a User who has created an Account with the purpose of having Access to the Account of a Primary User. I.e., an Advisor is a Guest User in a Primary User Account.

“Month-by-month Subscription” means a subscription to Advisor Pro that is billed monthly and may be cancelled at any time.

“Online Will” means the subscription offered by ClearEstate to Users that want a simple Will, and powers of attorney for property and health and which does not grant access to the Customer Support Team.

“Payment Plan Provider” means ClearEstate’s third party payment plan provider that allows Customers pay for the Services in installments.

“Plan” means any Estate Planning Plan, Estate Settlement Plan or Will Plan, as advertised on the ClearEstate’s website.

“Platform” has the meaning set forth in the preamble.

“Platform Content” has the meaning set forth in Section 6.

“Privacy Policy” means the ClearEstate policy that regulates the data of Users who log into the Platform and/or view the Website.

“Primary User” refers to a User who holds and controls an Account and has full access to all Account features and settings, independently of any other User.

“Primary User Consent” means the electronic consent collected in accordance with Applicable Law by an Advisor from a Primary User with whom the Advisor has a business relationship with, and which allows the Advisor to share, upload, record and transmit the Primary User Data to the Primary User’s Account.

“Primary User Data” means the verbal and written data that can be personal information, contact or family information, financial information, or general information that belongs to the Primary User, and which can be transmitted by the Advisor to ClearEstate with the Primary User Consent.

“Purchase Agreement” refers to the agreement that contains the specific inclusions and fees applicable to the Plan or Add-on purchased.

“Smart Opportunity Feature” means the potential products or services identified to the Advisor on their Account by the Platform software based on the information of an Advisor Client Profile.

“Services” has the meaning set forth in the preamble.

“Testamentary Document(s)” refers to the Will and Powers of Attorney (Protection Mandate in Quebec) for property and health, executed by a User via its Account under an Estate Plan.

“User” means any person who uses the ClearEstate Platform via an Account in accordance with these Terms of Use and Privacy Policy.

“User Submissions” has the meaning set forth in Section 5.7.

“Website” has the meaning set forth in the preamble.

3. Services

Subject to the terms and conditions of this Terms of Use and Purchase Agreement, ClearEstate hereby grants to the Advisor a non-exclusive, non-transferable, non-sublicensable, revocable license.

The Services are offered by ClearEstate via subscription plans at different service levels.

Advisor Basic allows Advisors to enjoy the following benefits via their Account on the Platform:

• Creation of an Account on the Platform;
• Referral of new potential users to the ClearEstate Plans;
• Dashboard that lists all Users and referred new users which have not yet converted to Users; and
• Access of a Primary User Account that has an Estate Plan (if Access has been granted).

Advisor Pro allows Advisors to enjoy all benefits in the Advisor Basic Plan plus the following additional benefits via their Account on the Platform:

• Record Keeping Database. Advisors under Advisor Pro enjoy an enhanced account functionality that allows them to create unlimited Advisor Client Profiles which allows the Advisors to use their Accounts as a record-keeping database;
• Data Integration. The benefit of transferring data that of an Advisor Client Profile to an Online Will or Estate Plan if such Advisor Client is referred by the Advisor to a ClearEstate Plan, the Advisor Client accepts the referral, creates a ClearEstate Account and grants Access to the Advisor.
• Unlimited Digital Vaults. Advisors can gift their Advisor Clients a Digital Vault where the Advisor Client can store their estate planning documents whether generated outside of ClearEstate. The Advisor Client must create an Account to enjoy the gifted Digital Vault.
• Smart Opportunity Feature, which scans Digital Vaults to identify optimization strategies with respect to that Advisor Client Profile. If a Primary User has granted Access of their Account to an Advisor, such an Advisor would be able to obtain alerts with potential products or services that they could offer to such a Primary User.
• Online Wills. One (1) complementary Online Will for Advisor Pro Month-by-month Subscription or Fifteen (15) complementary Online Wills per year in Advisor Pro Annual Subscription.

4. Modification to these Terms of Use and to the Platform, Plans and Services

As a User of the Platform, you acknowledge and agree that ClearEstate reserves the right in its sole discretion to update these Terms of Use and to change the form and nature of the Platform from time to time. ClearEstate will provide you with at least thirty (30) calendar days' advance written notice of any material modification to these Terms of Use. Notice will be provided by email to the address associated with your Account and by posting the updated Terms of Use on the Platform with a "Last Modified" date. You may discontinue your use of the Platform at any time without notice to ClearEstate.

Please consult these Terms of Use and the Privacy Policy from time to time in order to be aware of any such modifications. You agree that your continued use of the Platform means that you have accepted any changes that may have been made thereto. If you do not agree to, or cannot comply with, the Terms of Use as revised, your sole recourse is to notify ClearEstate at legal@clearestate.com, to terminate your use of the Platform and close your Account.

Any notices or other communications provided by ClearEstate, including those regarding modifications to these Terms of Use, may be given: (i) via email; and/or (ii) by posting to the Platform. Notices provided by e-mail will be deemed received on the date such email is sent. Notices provided by posting to the Platform will be deemed received on the date that notice is posted.

You acknowledge and agree that if ClearEstate disables access to your Account, you may be prevented from accessing certain areas or all of the Platform, your Account, and/or any files or other content contained on your Account.

5. Your Consents and Representations to Us and Our Disclaimers to You

5.1 No Provision of Legal Advice. ClearEstate is NOT a law firm, nor a lawyer and no attorney-client relationship or other form of legal privilege is created or exists between you and ClearEstate. The legal information contained on the Platform is not legal advice and is not guaranteed to be correct, complete, or up-to-date.

5.2 No Trust Services. ClearEstate is NOT a trust office, trust business, trust company, or trust corporation in any jurisdiction and at no time will hold any asset in trust for the Beneficiaries of any Estate. ClearEstate’s Services only extend to assisting Executors or Trust Partners in carrying out their respective tasks of a clerical or administrative nature.

5.3 User Profile Limitations. Advisor Access is subject to Primary User’s grant of Access. Primary User can remove an Advisor Access at any time. If you are an Advisor accessing a Primary User Account User, you understand that a Primary User has no obligation to grant, maintain or disable your Access to their Account, even if you have referred them to ClearEstate.

5.4 Consent to Communications. By creating an Account on the Platform, you agree that you will receive essential communications relating to the Services you intend to enjoy and/or have purchased, and may, in addition receive other communications from us, such as newsletter, promotions, and Account reminders and updates. You may unsubscribe to receive optional communications, such as marketing messages, however, you may not opt-out from essential communications, unless and until you cease your use of the Platform.

5.5 Reply to ClearEstate Communications. As User of the Platform, you agree to submit any information or documentation requested by ClearEstate promptly, and in all cases within thirty (30) calendar days, and to acknowledge emails and notifications within forty-eight (48) hours of receipt. ClearEstate disclaims all liability that could arise out of delayed submissions to any Third Party due to your lack of prompt disclosure of the information requested.

5.6 Platform Limitations:

5.6.1 Language. The Platform and Services are provided solely in English and French throughout Canada.

5.6.2 Platform Availability. The Platform is made available to Users and provided exclusively for Users and non-commercial use. We make every effort to ensure that the features of the Platform are reliable, and information posted to the Platform is accurate when published. However, despite our best efforts, we cannot guarantee that the Platform will be accessible at all times or without interruption; neither that the information presented is accurate or complete, free from error or omission, or that it is up-to-date at all times, especially since the law changes rapidly, varies by jurisdiction, and can be interpreted differently by various courts, government and administrative bodies. ClearEstate shall not be held responsible for any damages that may result from the inaccessibility of the Platform, or from any difficulties that a User may experience while accessing it, including, an interruption of electronic service; a network failure; the malfunction of any equipment, computer hardware or software; any faulty, incomplete, incomprehensible or deleted transmission; or any changes in laws, including jurisprudence, and the interpretation of such laws, despite such difficulties were brought to ClearEstate’s attention.

5.6.3 Platform Security. As User of the Platform, you are required to create a log in that includes username and password. You agree to maintain your log in credentials secure at all times. Although the Platform uses bank-level encryption technology, unauthorized access can occur. We refer you to the Privacy Policy for more details on how your personal information is used and stored.

The safety and security of your information (including any personal and financial information relating to you or to another person that you collect, store or disclose) also depends on you. Users are responsible for obtaining their own access to the Platform. Users are required to ensure that all persons who access the Platform through a User’s Internet connection are aware of these Terms of Use and our Privacy Policy and comply with them.

You understand and agree that you are responsible for maintaining the confidentiality of the passwords associated with your Account and agree that you will exercise caution when accessing your Account from a public or shared computer. You agree that you will be solely responsible for all activities that occur with respect to your Account, and you agree not to provide any other person with access to your Account. You are responsible for any password misuse or any unauthorized access of your Account. If you become aware of any unauthorized access or activity with respect to your Account, whether criminal or otherwise, you agree to notify ClearEstate immediately at the following e-mail address: support@clearestate.com. ClearEstate disclaims all liability for any unauthorized access to your Account that arises out of you sharing access to your Account or your credentials with persons other than yourself.

Unfortunately, the transmission of information via the Internet is not 100% secure. Although we do our best to protect your information, we cannot guarantee the security of your information transmitted to the Platform. You understand and agree that any transmission by you of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.

ClearEstate may, in its sole discretion, audit, analyze, monitor, track and record the activities conducted on the Platform for record-keeping purposes, to improve the Services and the features and functionalities of the Platform as well as to document the activities conducted on the Platform.

5.6.4 The Quality of the Information on the Platform. The quality of the information shown on the Platform will depend on the certainty and accuracy of the information you record on the Platform. Data, amounts and calculations shown on the Platform are technology-driven based on the data that you record. Therefore, if you record inaccurate information or accurate information in an inaccurate place, the information shown on the Platform might not be accurate. You understand that it is your sole responsibility to record accurate information and to record all information in their respective places. ClearEstate disclaims all liability that arises out of information provided by you that is incomplete, has errors or omissions or is inaccurate.
You understand that the information shown on the Platform does not substitute tax or professional advice.

5.7 Your Submissions as User of the Platform. 

You understand that it is your sole responsibility to record accurate information in the Platform and to record all information in the appropriate place on the Platform. ClearEstate disclaims all liability that arises out of information provided by you that is incomplete, has errors or omissions or is inaccurate, or that has been recorded in an incorrect place on the Platform.

As User, are prohibited from and agree to not submit to the Platform any information that is inappropriate, obscene, or fraudulent. You represent to refrain from transmitting or submitting to the Platform any information that you know to be outdated, false or misleading. You understand and agree that you are prohibited from and you agree not to engage in any activity related to the use of the Platform that constitutes a criminal offence, unlawful action or violation of ClearEstate’s Terms of Use and Privacy Policy. You understand and agree that you are prohibited from attempting to circumvent and from violating the security of the Platform by any means, including but not limited to accessing content that is not intended for you; attempting to breach or breaching the security or authentication measures in place on the Platform; restricting, disrupting or disabling use of the Platform by other users, hosts, or networks, including by way of denial-of-service attack, flooding, mailbombing or crashing; using any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any material on the Platform; or introducing or attempting to introduce any virus, trojan horse, worms, logic bombs or other malicious or technologically harmful material. You are solely responsible for any document or information that you submit to the Platform.

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

The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to or via the Platform or email (collectively, “User Submissions”).

You understand and agree that you are fully responsible for any User Submissions you submit, and you are fully responsible and legally liable to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submission by you or any other user of the Website or the Platform.

Without limiting the foregoing, you warrant and agree that your use of the Website and the Platform and any User Submissions SHALL NOT:

a. In any manner violate, any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and the Privacy Policy;

b. Violate the privacy of any individual, including other users of the Platform;

c. In any manner violate the terms of use of any third-party website that is linked to the Platform;

d. Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in ClearEstate’s sole discretion;

e. Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations or code;

f. Involve, provide or contribute any false, inaccurate, outdated, incorrect, incomplete, or misleading information;

g. Provide information or documentation that does not belong to you that you do not have the right to disclose;

h. Impersonate or attempt to impersonate ClearEstate, a ClearEstate employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);

i. Affect ClearEstate adversely or reflect negatively on ClearEstate, the Website or the Platform, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Website or the Platform, or from advertising, linking, or becoming a supplier to us in connection with the Website or the Platform;

j. Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;

k. Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the Platform, or which, as determined by us, may harm ClearEstate or users of the Website or the Platform or expose them to liability, including modifying, disrupting, impairing, altering or interfering with the use, features, functions, operation, or maintenance of the Website or the Platform or the rights or use of the Website or the Platform by any other user;

l. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;

m. Promote any illegal activity, or advocate, promote, or assist any unlawful act;

n. Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case; or

o. Access the Platform through automated or non-human means, whether through a bot, script or otherwise.

ClearEstate is not responsible and disclaims all liability for the accuracy, completeness, validity or truthfulness of the information you, or anyone acting on your behalf, records on the Platform or provides to the Customer Team. ClearEstate also disclaims all liability for documents shared with other parties on your behalf which use inaccurate, invalid or incomplete information provided by you. It is your responsibility to provide accurate, complete, valid and truthful information to us. If we discover inaccuracies in the information you provide, we reserve the right to immediately suspend or terminate the Services and your Account.

Site Monitoring and Enforcement and Account Suspension

We reserve the right to, without provision of notice to:

a. Discontinue your ability to upload information to the Platform;

b. Remove or refuse to accept or upload to the Platform any User Submissions for any or no reason in our sole discretion;

c. Take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Website, the Platform and User Submission standards pursuant to these Terms of Use;

d. Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority or notifying the harmed party of any illegal or unauthorized use of the Website or the Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform; and

e. Terminate or suspend your access to all or part of the Website, or the Platform, or your Account on the Platform, for any or no reason, including, without limitation, any violation of these Terms of Use.

Although ClearEstate monitors submissions to the Platform aiming to ensure cordiality amongst Users, ClearEstate disclaims all liability that arises out of other Users’ material submitted to the Platform which is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, especially if such User obtained access to your Account via an invitation from you.

5.8 Hyperlinks and Third-Party Service Providers.

The Website and the Platform may, from time to time, contain hyperlinks that may direct Users to third-party websites. Such third-party websites are not under our control, and we make no representations about any other websites that may be accessed from the Website or the Platform. The third-party links included on the Website or the Platform are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such website or the products or services offered therein. Any third-party content, data or publications made available through the Website, or the Platform, are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third-parties, including legal professionals or tax advisors, are those of the respective third-parties and not of ClearEstate. WE DISCLAIM ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH THIRD-PARTY CONTENT IS ACCURATE OR COMPLETE.

If you choose to access third-party sites, you do so at your own risk. ClearEstate has no control over the contents of any such third-party sites and accepts no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

5.9 Advisors’ Referrals

If you’re using the Platform to refer potential new Primary Users to the Platform, you shall collect the Primary User consent to grant you Access. It is your responsibility to comply with Applicable Law including privacy laws and anti-spam legislation.

5.11 Case Studies and Testimonials

By accepting these Terms, you consent to ClearEstate identifying you as a User of an Advisor Plan and using your name and logo for marketing purposes, including in case studies, testimonials, and promotional materials. You may withdraw this consent at any time by providing written notice to ClearEstate, following which ClearEstate will cease any new use of your name or logo within thirty (30) calendar days.

6. Intellectual Property Rights and Ownership

You understand and agree that the Website and the Platform and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement (the “Platform Content”), are owned by ClearEstate, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The ClearEstate name, logo, any trademarks and all related names, logos, product and service names, designs, images and slogans are trademarks of ClearEstate or its affiliates or licensors. You must not use such marks without the prior written permission of ClearEstate. You are prohibited from: (i) using, reproducing, modifying, adapting, translating, downloading or transmitting the Platform Content, in whole or in part; (ii) modifying, removing or covering any trademark or property notice included in or on the Platform Content or the Platform; and (iii) decompiling, disassembling, decrypting, extracting the Platform or performing reverse engineering on the Platform or its components, or assist anyone in doing the foregoing.

Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on the Platform are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action. You agree not to remove, edit or otherwise alter trademarks, service marks, logos or other proprietary information contained on the Platform. Trademarks and the information contained on the Website or the Platform, including comments from users, may not be reproduced, in whole or in part, or used in any way without obtaining our prior written consent or the consent of the third-party owner of such intellectual property.

You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website or the Platform, in any form or medium whatsoever except:

a. Your computer and browser may temporarily store, or cache copies of materials being accessed and viewed; and

b. In the event social media platforms are linked to certain content on the Platform, you may take such actions as our Platform and such third-party social media platforms permit.

This Section does not restrict advisors to access, download, and use the data in the Client Profiles, that is stored in the Platform.

No information or statement contained in these Terms of Use, the Specific Plan Terms, the Website, or the Platform shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trademark, or other intellectual property right of ClearEstate or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Website or the Platform, including notices on any of the content that you are permitted to download, transmit, display, print, or reproduce from the Website or the Platform.

You may not allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any of the Platform’s Content without the express prior written consent of ClearEstate or its owner if ClearEstate is not the owner.

7. Termination

7.1 Termination by You. 

You may terminate your Account and any Services ordered using your Account at any time by providing us with a written notification or email sent to support@clearestate.com at least thirty (30) calendar days prior to the intended termination date, or by such other means made available to you to do so on the Platform. You will continue to be obligated to make payment for the Services purchased for the period of time you contracted.

7.2 Termination by ClearEstate.

7.2.1 Breach of Contract. ClearEstate may terminate your Account, Plan, and any Services ordered using your Account at any time and without notice to you, and without refund of any Services fees paid by you, if we become aware or have reason to believe that you are acting in breach of these Terms of Use.

7.2.2 Information Requests. From time to time, ClearEstate may request that you provide us with certain information necessary to provide the Services. It is your responsibility to provide us with such requested information within thirty (30) calendar days from the date of request. If you fail to respond to any such request, we reserve the right to terminate the applicable Plan and/or Services and your access to the Platform or your Account without penalty or further notice to you, and without refund of any Services fees paid by you.

If you provide any information that is untrue, inaccurate, not current, or incomplete, ClearEstate has the right to suspend or terminate your Account and the Services, and to refuse any and all current or future use of the Platform and Services (or any portion thereof).

7.2.3 Failure to Pay. If you fail to pay any amount due to ClearEstate for the Services when it comes due, your Account will be considered an “Account in Default” and you will be notified of such missed or declined payment. If you fail to make the necessary payment to bring your Account into good standing, your access to your Account and the Platform will terminate and you’ll automatically lose any benefit that was offered under the Plan you held.

7.2.4 Inappropriate Submission to the Platform. Any submission made to the. Platform that contravenes or violates section 5.7 of these Terms of Use will result in an immediate termination of your Account, Plan and Services.

7.3 Effect of Termination.

You will remain responsible to pay for all Services rendered to the date of termination of your Account or any Services ordered using your Account. You will also remain responsible to complete any outstanding tasks required to settle the Estate, if applicable.

8. Indemnification

To the maximum extent permitted by Applicable Law, you agree to defend, indemnify and hold harmless ClearEstate, any affiliates of ClearEstate and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) (collectively, “Claims”) arising either directly or indirectly from your breach of these Terms of Use or from your use of the Platform, including but not limited to any use of the Platform’s Content and Services.

9. Limitation on Liability

9.1 EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL CLEARESTATE BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR (a) ANY DIRECT DAMAGES IN AN AMOUNT THAT EXCEEDS THE TOTAL AMOUNT PREVIOUSLY PAID BY YOU TO CLEARESTATE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT FROM WHICH THE LIABILITY AROSE; AND (b) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL BASIS, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR NON-LEGAL SERVICES; PROVIDED, HOWEVER THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY FRAUD, CRIMINAL MISCONDUCT, WILFUL MISCONDUCT, GROSS NEGLIGENCE OR MALICIOUS OR DISHONEST ACTS OR OMISSIONS.

9.2 YOU ACKNOWLEDGE THAT THE FORGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY ARE REASONABLE IN THE COMMERCIAL CIRCUMSTANCES CONTEMPLATED IN THESE TERMS OF USE AND THAT WE HAVE RELIED ON SUCH LIMITATIONS AND EXCLUSIONS IN ENTERING INTO THESE TERMS OF USE.

10. Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND THE PLATFORM, ITS CONTENT AND ANY OF ITS SERVICES IS AT YOUR OWN RISK. THE WEBSITE, THE PLATFORM AND ITS SERVICES ARE PROVIDED ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OF SERVICES RENDERED, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NONE OF CLEARESTATE, ANY AFFILIATE OF CLEARESTATE OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE PLATFORM OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NONE OF CLEARESTATE, ANY AFFILIATE OF CLEARESTATE OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE PLATFORM WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTION OR BE FREE FROM ERROR.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET (INCLUDING THE WEBSITE) OR THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE, THE PLATFORM AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, THE PLATFORM OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

11. Payment

11.1 Our Fees and Taxes. When ordering an Advisor Plan, if such a plan is a paid Advisor Plan like Advisor Pro, it will also have a Purchase Agreement which contain the plan descriptions and applicable purchase terms, which indicate the amount, date and manner of payment and applicable currency. The Purchase Agreement will be presented via a checkout page or email, or in any other manner. In accordance with Applicable Laws, applicable sales, value-added or use taxes will be collected at the time of payment.

11.2 Payment Manner. When purchasing an Advisor Plan whether a Month-by-month Subscription or an Annual Subscription you may pay all of the subscription fee at once or via our Buy-Now-Pay-Later Provider.

11.3 Interests. Invoices shall be due and payable when received. Interest shall be calculated at a simple monthly rate of one percent (1%), equivalent to twelve percent (12%) per annum. Interest shall be charged and payable at this rate on any part of an account which remains unpaid from thirty (30) calendar days after the invoice date to the date on which the entire amount is paid.

11.4 Auto-renewals. Advisor Plans renew automatically at the end of each billing period unless cancelled. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused periods. For annual subscriptions, ClearEstate will send you a reminder thirty (30) days in advance before your auto-renewal date. Cancellation will take effect at the end of your then-current billing period. You will continue to have access to the Platform and Services until the end of the billing period for which you have already paid.

11.5 No Refunds. Except as expressly provided in this Terms of Use or required by Applicable Law, all Fees paid are non-refundable.

11.6 Fee Adjustments. ClearEstate might increase the Fees at any time and will notify you at least thirty (30) days before such an increase takes place. If you don’t agree with the Fee increase, your sole recourse is to close your Account or downgrade your Advisor Plan. If you cancel or downgrade your Account and your Account is linked to a User, such User will lose all benefits they had access to because of your Account.

12. Governing Law

These Terms of Use are governed by and construed in accordance with the laws of the province or territory in which you reside and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods shall not govern these Terms of Use and is expressly excluded.

13. Dispute Resolution

13.1 Mandatory Arbitration

YOU AND CLEARESTATE AGREE THAT, EXCEPT WHERE OTHERWISE REQUIRED BY APPLICABLE LAW, ANY DISPUTE, CLAIM, OR CONTROVERSY BETWEEN YOU AND CLEARESTATE ARISING IN CONNECTION WITH OR RELATING IN ANY WAY TO THE SERVICES, OR TO THESE TERMS OF USE, OR ANY OTHER DOCUMENT INCORPORATED BY REFERENCE HEREIN (ALTOGETHER THE “AGREEMENTS”) (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, AND WHETHER THE CLAIMS ARISE DURING OR AFTER THE TERMINATION OF THE SERVICES AND/OR AGREEMENTS) WILL BE DETERMINED BY MANDATORY BINDING ARBITRATION. THIS ARBITRATION PROVISION WILL SURVIVE TERMINATION OF YOUR USE OF THE PLATFORM AND THE SERVICES.

13.2 Arbitration Rules

Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the rules of the ADR Institute of Canada, Inc.

In an arbitration pursuant to this Section 13:

i. The parties shall appoint a single arbitrator who shall have such technical and other qualifications as may be reasonably necessary to enable the arbitrator to properly adjudicate upon the matter;

ii. the parties shall be deemed to have failed to concur in the appointment of a single arbitrator if the arbitrator is not appointed within fifteen (15) calendar days after the service by one party upon the other of a notice requesting that it concur in such appointment. Any party shall then be entitled to apply to the ADR Institute of Canada, Inc. who shall have jurisdiction to appoint an arbitrator;

iii. the arbitrator shall have the right to appoint appraisers, experts, consultants and auditors as they in their sole discretion may consider necessary or advisable;

iv. subject only to the provisions of these Terms of Use, the arbitrator shall be the master of its own procedure;

v. the decision of the arbitrator shall be in writing and shall be delivered to all of the parties to the dispute;

vi. the decision of the arbitrator shall be final and binding on the parties;

vii. all expenses of the arbitration, including the costs and expenses of the arbitrator and costs associated with the appointment thereof shall be shared and borne jointly and equally by the parties to these Terms of Use. Subject to any award by an arbitrator, each party shall bear its individual costs to participate in and represent its position at the arbitration;

viii. the arbitration shall be conducted in Toronto, Ontario unless otherwise agreed by the parties and, except as modified in accordance with the Arbitration Act (Ontario) as amended from time to time. For greater certainty, remote arbitration is allowed when appropriate under section 22 of the Arbitration Act;

ix. in the event of the failure, refusal or inability of any arbitrator to act, a new arbitrator shall be appointed in his or her stead, which appointment shall be made in the same manner as hereinbefore provided for the appointment of the arbitrator so failing, refusing or unable to act;

x. it shall be a condition of the appointment of any arbitrator that the arbitrator shall maintain in strict confidence all documents, the transcripts of the proceedings and other materials and all information disclosed by or on behalf of the parties in the arbitration and shall not use the same or allow the same to be used for any purpose collateral to the arbitration and, at the request of the party that provided any documents or other printed materials, shall return all originals and any copies of such documents and printed materials. The arbitrator shall be responsible for ensuring that his or her officers, employees, representatives and consultants comply with this obligation of confidentiality; and

xi. the parties acknowledge, covenant and agree that they will not apply, nor will they have the right to apply, by any means, to any court to challenge any findings, determinations or issues of fact as determined by the arbitrator nor will they appeal or have the right to appeal to any court with respect to any findings, determinations or awards resulting from the arbitration process, all of which shall be final, conclusive and binding for all purposes.

13.4 Arbitration Costs

(a) For claims where the amount in dispute is twenty-five thousand Canadian dollars (CAD$25,000) or less, ClearEstate will bear all arbitration filing fees, arbitrator fees, and administrative costs of the arbitration. Each party shall bear its own legal fees and expenses.

(b) For claims where the amount in dispute exceeds twenty-five thousand Canadian dollars (CAD$25,000), the arbitration filing fees, arbitrator fees, and administrative costs shall be shared equally by the parties, unless the arbitrator determines that such allocation would be unreasonably burdensome to one party, in which case the arbitrator may allocate costs as the arbitrator considers just.

(c) The arbitrator may, in the award, allocate costs (including reasonable legal fees) to the prevailing party if the arbitrator determines that the other party's claim or defence was without reasonable merit.

13.5 Exceptions

Where Applicable Law requires a dispute relating to the Services and/or the Agreements to be resolved by litigation and does not prescribe the venue of such litigation, each of the parties irrevocably submits to the exclusive jurisdiction of the courts of the Province where you reside and waives any and all objections to the exercise of jurisdiction by such courts. In addition, you agree that notwithstanding Section 13.1, ClearEstate may seek injunctive relief in any court of law to address intellectual property infringement claims.

13.6 No Jury Trial or Class Action

THIS CLAUSE DOES NOT APPLY TO YOU IF YOU ARE RECEIVING THE SERVICES IN THE PROVINCE OF ONTARIO OR QUEBEC OR ALBERTA.

If for any reason a claim proceeds in court rather than in arbitration, both you and ClearEstate, each waive any right to a jury trial.

EXCEPT WHERE PROHIBITED UNDER APPLICABLE LAW, YOU AND CLEARESTATE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and ClearEstate agree in writing, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

14. Entire Agreement

These Terms of Use, the Purchase Agreement, and thePrivacy Policy, together with all agreements referred to and incorporated herein, and any services-specific terms (if applicable) agreed to by you, constitute the entire agreement between you and ClearEstate regarding your access and use of the Website, the Platform, the Services and any other subject matter herein, and they replace any previous agreement, representation, warranty or understanding, whether verbal or written, express or implied, in this regard.

15. Assignment

You shall not assign or transfer your rights or obligations under this Term of Use or under any other document executed between you and ClearEstate without ClearEstate’s prior written consent, which consent shall be at our sole discretion. ClearEstate may, without restriction, assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion.

16. Severability

If any portion of these Terms of Use is declared or held unlawful, invalid, or unenforceable by an authority having jurisdiction, such portion of these Terms of Use shall be deemed severed and shall not affect the validity or enforceability of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

17. Enurement

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

18. Waiver

ClearEstate’s failure to exercise any right or remedy provided under these Terms of Use or by applicable law shall not constitute a waiver of such right or provision, unless agreed to us in writing. No single or partial exercise of a right or remedy shall preclude or restrict the further exercise of such right or remedy, or of any other right or remedy.

19. Force Majeure

If either party is delayed, hindered, or prevented from performing its obligations under these Terms of Use or any other document governing our relationship, by reason of war, riot, sabotage, terrorist act, flood, fire, earthquake, hurricane, tornado, radiological emergency, computer virus or worm, governmental or quasi-governmental law, regulation or court order, including any change in law, or regulation from any type of government, or any other cause of like nature beyond reasonable control, the party unable to perform will promptly give notice to the other party. As soon as practicable under the circumstances, the nonperforming party shall make commercially reasonable efforts to resume full performance.

20. Notices

Legal notices under these Terms of Use may be provided by you to ClearEstate by email at legal@clearestate.com and by ClearEstate to you at the contact information you provide in connection with your Account.

21. English Language

These Terms of Use may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Use and ClearEstate’s Terms of Use available in another language, the most current English version of these Terms of Use will prevail. Any disputes arising out of these Terms of Use will be resolved in English unless otherwise determined by ClearEstate (acting in its sole discretion) or as required by applicable law.