Created: June 21, 2016
Last Revised: 29th May 2018
Welcome to the eWill.io application, brought to you by AssetVault Limited, a company registered in England and Wales with registered number 09993269 and registered office at 9th floor 107 Cheapside, London, England, EC2V 6DN (AssetVault, we, us).
We are delighted that you have taken the first step to catalogue, protect and unlock the value of your assets. We believe in the importance of protecting of your assets. Our definition of assets is broad and can range from that old photograph of a relative, the watch on your wrist or even digital assets. We ask that you carefully review, observe and abide by these Terms of Service such that we can best protect the assets that are dearest to you. If you do not agree to be bound by these Terms of Service do not download, access or use the AssetVault Service.
We have tried to make this important document easy to follow by dividing it into five short sections:
Introduction: An overview of what this document is and the parties involved.
Your Content: Explains how your information is used to provide the AssetVault Service.
Using the Will Writing Service: How we can help you to prepare a will
Using the AssetVault Service: Your responsibilities as an AssetVault User plus additional third party terms.
Other Details: Outlines other legal details that need to be in here.
If you have any questions please don’t hesitate to contact us at www.assetvault.co or by email at [email protected]
What are the Terms of Service?
Who do the Terms of Service apply to?
You make up one party in the contract. “You” or “your” refers to you, as the AssetVault User. The other party in the contract is AssetVault Limited. For clarity, many of the headers in this document are phrased as questions from the AssetVault User to us and represented with “I” or “my”. This is for convenience only and has no legal or contractual effect.
Will the Terms of Service ever change?
Over time as the product and business environment changes we may need to update these Terms in order to best deliver the AssetVault Service. When we make material changes to the Terms, we’ll provide you with a prominent notice as appropriate under the circumstances, e.g., by displaying a notice within the AssetVault Service or by sending you an email. By continuing to use the AssetVault Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you must stop using the AssetVault Service with immediate effect.
What do we need to get started with providing the AssetVault Service?
AssetVault is an application that helps you keep a record of important information about the assets that you own and helps you to protect those assets using digital Wills. As such, information about both you and your assets (your “Content”) needs to be added to your AssetVault with your explicit consent so that you can use the AssetVault Service. This can be done in two ways:
Self service: You may use the iOS, Android and eWill.io Website to upload your Content yourself or appoint someone to do this on your behalf
Concierge service: AssetVault Limited provides a concierge service in London where we catalogue and on-board your Content to AssetVault with your explicit consent.
We treat your Content with the utmost discretion.
You warrant that your Content includes details of your assets only, and not the assets of any third party. You shall not upload or provide Content that infringes the rights of any third party or is otherwise unlawful.
How does the Concierge Service work?
We shall catalogue your assets as part of Concierge Services either:
1. At your residence a date and at a time agreed between us. We ask that you provide all relevant documentation relating to your assets, and an appropriate, safe environment for us to review the documentation; or
2. following a telephone conversation at a time agreed between us or following an exchange of emails. We ask that you are prepared for such a call with all relevant documentation or provide to us by email copies of such documents as appropriate.
Once we have catalogued your assets with your explicit consent, we shall on-board your assets to your AssetVault account. You agree that we can catalogue and on-board assets only if you have provided information to us about those assets. The Concierge Service does not include the investigation or verification of asset ownership.
We shall notify you once we have completed the on-boarding of your assets to AssetVault, and you shall promptly check the details of all such assets and notify us of any errors or omissions. You shall provide us with such information and/or documentation as we require in relation to such errors or omissions, and we shall amend your AssetVault account according to reflect such information and/or documentation.
All invoices are due within 30 days of receipt.
How is my Content used to provide the AssetVault Service?
In order to provide to you the AssetVault Service, it is necessary that we view, compile, modify and publish your Content back to you with your explicit consent. Accordingly, you grant AssetVault a non-exclusive, royalty-free, worldwide license to use, store, display, reproduce, modify and create derivative works of your Content with your explicit consent solely for the purpose of providing you with the AssetVault Service. You warrant that you have the right to authorise us to exercise this license.
To the extent that we acquire any rights in relation to the information that constitutes your Content by your provision of that Content to us, you acknowledge and agree that we may either hold those rights ourselves or jointly with one or more of our partners.
By using the AssetVault Service, you explicitly grant AssetVault the right to:
- Share anonymised Content to AssetVault’s partners, vendors, and customers. Anonymised Content is content that does not personally identify you: it has been anonymised, either by aggregating that data with other AssetVault Users or by removing personally identifiable information from the Content; and
- Share your Content (including Personal Content, as defined below) with our partners for the purposes of administering your account.
How does AssetVault handle my Personal Content?
May I share my Content with others?
Yes, if you choose. You may choose to opt in to allow a third party listed in the AssetVault Service, such as a financial relationship manager, family member to have access to your data. You can also forward Content from your AssetVault to third parties using ONLY the sharing functionality built into the AssetVault Service (we do not recommend sharing your AssetVault data via any social media sites or email and are not responsible for the consequences of any such actions). If you choose to share your Content with third parties, you grant to such persons a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your Content.
How do I delete my Content?
We value you as a member of the AssetVault Community, but if you would like to stop using the AssetVault Service, you may. It is up to you to delete the items and information in your AssetVault if you so desire. You may deactivate your account by emailing us at [email protected] Following termination or deactivation of your AssetVault Account, or if you remove any Content from the AssetVault Service, we may retain your Content for a commercially reasonable period of time for backup, archival, audit or any other purpose allowed under, and to the extent allowed, by law.
Using the AssetVault Service
By using the AssetVault Service, you agree to be bound by these Terms and to use the AssetVault Service only within these Terms. You also may only use the AssetVault Service if you have the ability to form a contract with us, and are not prohibited from entering into a contract with us by any applicable laws. The AssetVault Service is not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13. You agree that we may make changes to the AssetVault Service from time to time and automatically update any software associated with the AssetVault Service, and these Terms will apply to the AssetVault Service and such updates following any such change.
When you register with the AssetVault Service you will create a username and password you must provide us with accurate account information. We recommend that you use a strong password. You should activate lost device location services on the device that you use to access the AssetVault Service. Where possible, you should also use biometric recognition software, such as Touch ID, on the device that you use to access the AssetVault Service. You are responsible for keeping your username and password confidential and you are responsible for any activity under your account. You shall immediately notify us of any unauthorised use of your account and you should exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with these requirements.
When you use the AssetVault Service you must comply with all applicable laws. In particular, but without limitation, you agree not to try to gain unauthorised access to the AssetVault Service or any networks, servers or computer systems connected to the AssetVault Service and/or reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the AssetVault Service save to the extent expressly permitted by law.
Are there rules about how I use the AssetVault Service?
As a user of the AssetVault Service, we expect that you behave responsibly. Your use of the AssetVault Service is subject to any user guidelines that we might apply. We reserve the right to terminate your use of the AssetVault Service at any time for any reason.
Can I connect to third parties through the AssetVault Service?
Yes, the AssetVault Service contains links to third-party websites, partners, or resources. We are not responsible or liable for their availability, accuracy, the related content, products, or services. You understand and agree that AssetVault is not a party to any agreement entered into between you and such third party providers and that you are solely responsible for your use of any such websites, resources, and services. Some of AssetVault’s third party service providers require that AssetVault Users agree to their terms of service. If you elect to use any of such services you agree to abide by the Third Party Terms and Conditions.
The Will Writing Service
You can use the AssetVault Service to create wills:
You can provide information to us through the website and the AssetVault Service will generate a will. You should print the will, sign it where indicated and ensure your signature is witnessed by two individuals who are at least 18 years of age, and are not members of your family, beneficiaries of the will or spouses of beneficiaries of the will. We then encourage you to upload your will on to the AssetVault Service for safekeeping and ease of reference. You acknowledge that it is your responsibility to upload your information correctly and to ensure that the will is validly executed.
Our will writing service is not intended for complex wills or wills where most of the assets or any land asset, are located outside of England and Wales. In such circumstances, or if you require advice on tax, trusts, estate planning or have particular specific requirements in relation to your will, you should obtain independent legal advice. We can recommend suitable advisers, so please contact us at [email protected] However, you agree that we are not liable for the acts or omissions of such advisers and you should consider carefully whether they are suitable for your requirements.
You agree that we are not a law firm and we are not authorized or regulated by the Solicitors Regulation Authority as a licensed body. We do not give legal or other advice in relation to our will writing service. Any notes or guidance are for information only, and are not and should not be construed as legal advice.
You further agree that you should regularly review and update your will to ensure that it reflects your then current situation and assets, and to reflect any changes in applicable laws.
You understand that your will is created to your specification. Accordingly, you have the right to cancel your order for a will under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Your statutory rights as a consumer are unaffected.
Pricing for Wills:
We charge for the Wills in accordance with the pricing displayed on our website. We reserve the right to update the price in the future at our discretion. The website shows the latest Wills pricing at any given time
We will use reasonable endeavours to make the AssetVault Service available to you at all times. However, there may be occasions when access to the AssetVault Service may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
License to Use
The AssetVault Service is made available for your own, personal use. The copyright in all material contained in the AssetVault Service (the “AssetVault Content”) including all information, data, text, images and software is owned by or licensed to AssetVault. All rights are reserved. You can view, print or download extracts of the AssetVault Content for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the AssetVault Content without our permission.
These Terms do not grant you any rights to use the AssetVault trademarks, logos, domain names, or other brand features.
Despite our best intentions, there are things that we cannot promise. For example, to the extent permitted by law, we do not provide you any warranties in or in relation to the AssetVault Service, including the will writing service. As such, we highlight that: TO THE EXTENT PERMITTED BY LAW, THE AssetVault SERVICE AND ANY RELATED SOFTWARE AND DOCUMENTS PROVIDED AS PART OF THE SERVICE, INCLUDING A WILL, ARE PROVIDED “AS-IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. To the extent permitted by law, we assume no responsibility for loss or corruption of data, or other harm that results from your access to or use of the AssetVault Service. You are strongly advised to back up details of your assets listed on your AssetVault account and copies of your will. Note that some jurisdictions do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR (1) LOST PROFITS, REVENUES OR SAVINGS; (2) LOSS OF DATA; (3) LOSS OF GOODWILL; (4) SERVICE INTERRUPTION; (5), COMPUTER DAMAGE OR SYSTEM FAILURE; (6) OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES OR FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY FOR DAMAGES TO YOU OR ANY THIRD PARTY SHALL BE EXCLUDED IN FULL EXCEPT WHERE SUCH EXCLUSION IS NOT EFFECTIVE IN WHICH CASE IT SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF THE FEE PAID BY YOU TO US (IF ANY) AND THE AMOUNT OF TEN GBP (£10).
YOU ACKNOWLEDGE THAT THE LIMITATIONS ON LIABILITY IN THIS SECTION ARE REASONABLE AND THAT THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN US, OUR AFFILIATES AND YOU, AND THAT THE PARTIES HAVE RELIED UPON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES PROVIDED TO YOU IN THIS AGREEMENT ARE EXCLUSIVE. Some jurisdictions do not allow the types of limitations in this paragraph, so they may not apply to you.
To the extent permitted by law, you agree to release, defend, indemnify, and hold AssetVault and its affiliates harmless from any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) your access to or use of the AssetVault Service or your violation of the Terms or any applicable law; and/or (b) your Content.
Miscellaneous Legal Terms
If you have any complaint or wish to raise a dispute under these Terms Use or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr
THESE TERMS AND THE USE OF THE ASSETVAULT SERVICE WILL BE GOVERNED BY THE LAW OF ENGLAND AND WALES EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE ASSETVAULT SERVICE MUST BE LITIGATED EXCLUSIVELY IN LONDON, ENGLAND.
These Terms, together with any amendments and any additional agreements you may enter into with AssetVault in connection with the AssetVault Service constitute the entire and exclusive agreement between you and us with respect to the AssetVault Service, and supersede and replace any other agreements, terms and conditions applicable to the AssetVault Service. If any provision of these Terms is deemed invalid, then that provision will be construed, as nearly as possible, to reflect the intentions of the parties, and the remaining provisions of these Terms will remain in full force and effect. These Terms create no third party beneficiary rights. Our failure to enforce a provision is not a waiver of our right to do so later. You may not assign any of your rights in these Terms, and any such attempt is void, but we may assign these Terms without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. AssetVault and you are not legal partners or agents; our relationship is that of independent contractors.