Terms of Service

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and Start My Business Inc. ("Company," "we," "us," "our"), a Florida corporation, governing your access to and use of My Trust Software (the "Platform"), accessible at mytrustsoftware.com.

1. Acceptance of Terms

By accessing, browsing, or using the Platform in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you must immediately cease all use of the Platform.

You represent and warrant that you are at least eighteen (18) years of age, have the legal capacity to enter into binding agreements, and are not barred from using the Platform under the laws of your jurisdiction. If you are using the Platform on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.

2. Definitions

• "Platform" means the My Trust Software web application, all associated tools, wizards, document generators, training modules, reference materials, and any related services.
• "User" means any individual or entity that accesses or uses the Platform.
• "Content" means text, data, images, documents, forms, templates, videos, and other materials available on the Platform.
• "User Content" means any data, information, or documents that you input, upload, or create using the Platform, including trust data, personal information, and generated documents.
• "Subscription" means a paid plan that grants access to premium features of the Platform.
• "Trust Document" means any legal document generated by the Platform based on User Content.
• "Free Account" means an unpaid account with limited access to Platform features, including the first two training modules.

3. Account Registration and Security

To access certain features of the Platform, you must create an account through our authentication provider (Clerk). You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Immediately notify us of any unauthorized use of your account

We reserve the right to suspend or terminate your account if any information provided is inaccurate, outdated, or incomplete, or if we reasonably believe that your account has been compromised.

4. Description of Services

My Trust Software is a legal document preparation platform. The Platform provides:

• A guided 7-step trust creation wizard that assists Users in preparing trust documents
• PDF document generation based on User-provided information
• Trust management and amendment tracking tools
• A compliance calendar with automated reminders
• Training modules and educational content about trusts and estate planning
• A reference library with educational resources
• Downloadable trust form templates

THE PLATFORM IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL ADVICE. The Platform provides software tools and educational content to assist Users in preparing their own legal documents. Documents generated by the Platform are based entirely on information provided by the User. We strongly recommend that Users consult with a qualified attorney licensed in their jurisdiction before executing any legal documents.

5. Subscriptions and Payments

5.1 Pricing Tiers

The Platform offers the following subscription tiers:

• Free Account: Limited access to the Platform. Includes the first two (2) training modules and the ability to view the trust creation wizard steps. Trust document creation and generation are not available on Free Accounts.
• Basic Foundation ($2,925 one-time): All 8 trust types available, transfer of 1 LLC and 1 property, 1-hour consultation, basic compliance checks, and PDF document generation.
• Advanced Growth ($4,875 one-time): All Basic Foundation services plus CPA tax coordination, layered LLCs for privacy, custom spendthrift clauses, unlimited trusts, 2-3 hours consultation, compliance calendar, and priority support.
• Elite Enterprise ($9,750 one-time): All Advanced Growth services plus multi-jurisdictional compliance, international asset coordination, annual trust maintenance, encrypted communication, client management portal, and business-to-trust conversion.

5.2 Payment Processing

All payments are processed through Gumroad, our third-party payment processor. By making a payment, you agree to Gumroad's terms of service. We do not store your payment card information directly. All transactions are in United States Dollars (USD).

5.3 Payment Terms

All packages are one-time purchases. The Basic Foundation and Advanced Growth packages offer a half-down payment option with the remaining balance due before document delivery. You may contact our team to arrange payment terms through your Gumroad account dashboard.

6. Refund Policy

Our refund policy is based on the principle of value received. We define "value received" as the point at which a User begins actively using the Platform to create legal documents based on their personal information.

6.1 Eligibility for Refunds

• Full refund: If you request a refund within fourteen (14) days of purchase AND you have not yet initiated the trust creation process (defined as completing Step 2 "Grantor Information" of the trust creation wizard), you are eligible for a full refund.
• Partial refund: If you request a refund within fourteen (14) days of purchase AND you have initiated the trust creation process but have not yet generated a Trust Document (defined as clicking "Generate Documents" on Step 7), you may be eligible for a partial refund at our sole discretion, less a reasonable processing fee.
• No refund: No refund will be issued if: (a) you have generated any Trust Document using the Platform; (b) more than fourteen (14) days have elapsed since your purchase; or (c) you have downloaded any generated documents. At the point of document generation, you have received the full value of the service.

6.2 Determining Value Received

The Platform automatically tracks your progress through the trust creation wizard. By using the Platform, you consent to this tracking for the purpose of determining refund eligibility. Specifically, we record: (a) when you initiate the trust creation wizard; (b) which steps you complete; (c) when documents are generated; and (d) when documents are downloaded.

6.3 How to Request a Refund

To request a refund, email [email protected] with your account email, purchase date, and reason for the refund request. Refund requests are processed within five (5) business days.

7. Acceptable Use

You agree not to use the Platform to:

• Create fraudulent, misleading, or illegal trust documents
• Impersonate any person or entity in trust document creation
• Circumvent, disable, or interfere with security features of the Platform
• Use automated tools, bots, or scripts to access the Platform
• Reverse engineer, decompile, or disassemble any part of the Platform
• Sublicense, resell, or redistribute access to the Platform (except Attorney tier clients)
• Upload malicious code, viruses, or harmful content
• Violate any applicable local, state, national, or international law
• Use the Platform for any purpose other than personal or authorized business trust creation

8. Intellectual Property

The Platform, including all software, code, design, text, graphics, logos, icons, images, audio, video, training content, reference materials, and documentation, is the exclusive property of Start My Business Inc. and is protected by United States copyright, trademark, and other intellectual property laws.

Trust document templates provided by the Platform are licensed for personal use only. You may not redistribute, sell, or sublicense our templates or document formats (except as permitted under the Attorney tier for client use).

"My Trust Software," the My Trust Software logo, and all related marks are trademarks of Start My Business Inc. You may not use these marks without our prior written consent.

9. User Content and Data

You retain ownership of all User Content you provide to the Platform. By using the Platform, you grant us a limited, non-exclusive license to store, process, and use your User Content solely for the purpose of providing the Platform's services to you.

You are solely responsible for the accuracy, legality, and completeness of your User Content. We do not review, verify, or validate the legal sufficiency of the information you provide or the documents generated from that information.

Trust Documents generated by the Platform are provided to you for your personal use. Upon generation, you own the specific document as it pertains to your personal trust arrangements, subject to our intellectual property rights in the underlying templates and formatting.

10. Disclaimers and No Legal Advice

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

NO LEGAL ADVICE: Start My Business Inc. is not a law firm. No attorney-client relationship is created by your use of the Platform. The Platform provides legal document preparation software and educational content only. Nothing on the Platform constitutes legal advice, tax advice, financial advice, or professional counsel of any kind.

NO GUARANTEE OF LEGAL VALIDITY: We do not guarantee that documents generated by the Platform will be legally valid, enforceable, or sufficient in your jurisdiction. Trust laws vary significantly between states and are subject to change. Users are solely responsible for ensuring their documents comply with applicable laws.

NO GUARANTEE OF TAX BENEFITS: Any references to potential tax benefits, probate avoidance, asset protection, or other advantages of trusts are provided for educational purposes only. Actual tax and legal outcomes depend on individual circumstances, applicable laws, and proper document execution and funding.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL START MY BUSINESS INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Legal costs, attorney fees, or court costs arising from use of documents generated by the Platform
• Tax liabilities, penalties, or interest resulting from reliance on Platform content
• Failure of trust documents to achieve their intended legal purpose
• Loss of assets or estate value due to improperly created or funded trusts
• Any damages arising from unauthorized access to your account
• Personal injury, property damage, or any other damages of any kind

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IF YOU HAVE NOT MADE ANY PAYMENTS, OUR MAXIMUM LIABILITY SHALL BE FIFTY DOLLARS ($50.00 USD).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Start My Business Inc., its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any third-party rights
• Any Trust Documents created using the Platform
• Any dispute between you and a third party related to trust documents or estate planning
• Your negligence or willful misconduct in connection with the Platform

13. Termination

We may suspend or terminate your access to the Platform at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to:

• Violation of these Terms or our Acceptable Use policy
• Fraudulent, abusive, or illegal activity
• Non-payment of subscription fees
• Extended period of inactivity (twelve months or more)
• Upon your request to close your account

Upon termination, your right to use the Platform ceases immediately. We will retain your data in accordance with our Privacy Policy and applicable legal retention requirements. Sections 8, 10, 11, 12, 14, and 15 survive termination of these Terms.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute within thirty (30) days.

14.2 Binding Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration shall take place in the State of Florida. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND START MY BUSINESS INC. 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, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

14.4 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law principles. These Terms are designed to comply with applicable consumer protection laws in all fifty (50) United States, the District of Columbia, and all U.S. territories.

For any disputes not subject to arbitration, the exclusive jurisdiction and venue shall be the state and federal courts located in the State of Florida. You consent to personal jurisdiction in these courts.

16. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms resulting from causes beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, pandemics, government actions, internet or infrastructure failures, or third-party service outages.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms to which you agree when using specific Platform features, constitute the entire agreement between you and Start My Business Inc. regarding the Platform. These Terms supersede all prior agreements, representations, and understandings, whether oral or written.

19. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. For material changes that affect your rights or obligations, we will also send an email notification to the address associated with your account. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the modified Terms.

20. Contact Information

For questions about these Terms of Service, contact: