Introduction
These Terms and Conditions (“Terms”) govern every visit to and use of the LegacyShield.ca website, its companion mobile or desktop applications, client portals, and any associated application-programming interfaces (collectively, the “Services”). Legacy Shield Inc., a corporation incorporated under the federal laws of Canada (“Legacy Shield,” “we,” “our,” or “us”), delivers subscription-based and one-time solutions for drafting, reviewing, and filing estate-planning and probate documentation across Canadian jurisdictions. By accessing or using any part of the Services, you (“Client,” “you,” or “your”) acknowledge that you have read, understood, and agreed to be legally bound by these Terms.
Acceptance of Terms
You accept these Terms when you (a) create an online account, (b) click “I Agree,” “Accept,” or similar, (c) sign an engagement letter or work order referencing these Terms, or (d) otherwise use the Services. If you use the Services on behalf of a testator, estate, trust, or corporation, you represent that you have authority to bind that party; references to “you” therefore include that party. If you do not accept every provision herein, you must not use the Services.
Description of Services
Legacy Shield offers, according to the package you select:
Estate-Plan Builder — guided questionnaires that populate wills, codicils, powers of attorney, and advance-care directives compliant with provincial statutes;
Probate Liaison — assembly and filing of probate applications, certificates of appointment, resealing requests, and notice-to-beneficiary mail-outs;
Asset Vault — encrypted storage of digital copies of title deeds, insurance designations, private-company shares, and cryptocurrency keys, with tiered access for attorneys and executors;
Executor Console — timelines, task lists, tax-clearance tracking, and distribution-ledger tools; and
Legal Review Network — optional fixed-fee vetting by lawyers licensed in the relevant province (engaged under a separate retainer agreement).
Unless expressly stated in a signed legal-services retainer, Legacy Shield itself is not a law firm and does not provide independent legal advice.
Client Responsibilities
You agree to:
provide accurate, current personal, financial, and beneficiary information and update it promptly;
verify that all auto-generated documents reflect your intent before executing or submitting them to court;
secure original wet-ink signatures and witness attestations where required by statute;
maintain your own backups of executed documents and digital-asset credentials;
obtain professional advice before relying on tax projections or cross-border estate strategies; and
notify us without undue delay of any suspected unauthorised portal access or security incident.
Limitation of Liability
To the fullest extent permitted by law, Legacy Shield and its affiliates will not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages—or for any loss of inheritance value, profits, data, or goodwill—arising out of or related to the Services, even if advised of the possibility. Our aggregate liability for all claims under these Terms will not exceed the lesser of (a) CAD 10 000 or (b) the total fees you paid for the specific matter giving rise to liability. Nothing in this Section limits liability that cannot legally be limited, including liability for fraud or wilful misconduct.
Intellectual Property
All software, templates, instructional materials, trademarks, logos, and documentation incorporated in or generated by the Services are and remain the exclusive property of Legacy Shield or its licensors, protected by Canadian and international intellectual-property laws. Subject to continuous compliance with these Terms, you receive a non-exclusive, non-transferable, revocable licence to use the Services solely for your personal estate-planning or executor duties. Except as permitted by mandatory law, you may not copy, modify, reverse-engineer, decompile, distribute, or create derivative works from any portion of the Services.
Governing Law and Jurisdiction
These Terms are governed by, and construed in accordance with, the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved exclusively in the courts located in Toronto, Ontario, and each party irrevocably submits to that jurisdiction.
Termination of Access
We may suspend or terminate your access to the Services: (a) upon thirty (30) days’ written notice if you materially breach these Terms and fail to cure within that period; (b) immediately if required by law, professional-conduct rules, or court order; or (c) if your invoice remains unpaid for more than fifteen (15) days. Upon termination, Sections 5–7 and 9–11 survive, and you will retain read-only portal access for thirty (30) days to download stored documents.
Refund Policy
Estate-Plan Packages: If you cancel within ten (10) days of purchase and have not generated final PDF documents, we will refund 80 % of the package fee. After documents are generated, fees are non-refundable.
Probate & Executor Services: Deposits become non-refundable once court filings or third-party searches have been initiated. Statutory cooling-off rights under consumer-protection legislation remain unaffected.
Changes to Terms
We may revise these Terms to reflect changes in law, regulatory guidance, or service offerings. Updated Terms will be posted with a new “Effective Date.” Material changes become effective thirty (30) days after posting; we will also notify active Clients by email or portal banner. Your continued use of the Services after the effective date constitutes acceptance of the amended Terms.
Effective Date
These Terms and Conditions are effective as of 20 June 2025 and apply to all access to or use of the Services on or after that date.