‍Last Updated: October 21, 2024

Acceptance of These Terms and Applicable Definitions

By using the Duckpins Site and services, you acknowledge that you have read and agree to these Terms and all applicable laws and regulations, and agree to binding arbitration for any disputes. If you do not agree, please refrain from using our services. Materials on the Site are protected by applicable copyright and trademark laws.

The following definitions apply in these Terms:

• “Affiliate” refers to any entity contracted to promote or support Duckpins' services.
• “Affiliate Services” refers to third-party services or businesses promoting or directing users to Duckpins.
• “DRC” refers to “Document Registry Corporation”, a nonprofit entity that stores the original copy of all electronic wills (“e-wills”) completed by Members, and serves as the qualified custodian that maintains e-wills following their execution.
• “Duckpins”, “We” and “Us” refers to Duckpins LLC and its agents.
• “Member” refers to a User who has created a Duckpins account.
• “Site” refers to any website offered by Duckpins.
• “Services” refers to the Site and all services provided by Duckpins, including self-service forms, document generation, content, sharing capabilities, and document storage.
• “Terms” refers to the Terms of Service contained on this page.
• “User” and “You” refers to any person visiting Duckpins’ Site and/or using Duckpins’ services.

In order to use Duckpins’ Services, you must be at least 18 years old and legally able to enter into a contract.

Modifications

Duckpins reserves the right to modify these Terms. You will be notified of any material changes to the Terms. By continuing to use our Services after changes are posted, you agree to the updated Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

Additional Terms and Policies

Your use of Duckpins is also subject to our Privacy Policy and any additional terms or policies that may apply to specific services in the future.

Subscriptions, Renewal, and Billing

You are required to provide accurate personal and billing information during account creation and payment. You authorize Duckpins to charge your credit card for all up-front and recurring payments as and when they come due, including any applicable taxes, in exchange for use of the Services, and to store your payment information. Subscriptions automatically renew unless canceled, and fees are non-refundable. Duckpins may introduce new services or adjust pricing at any time, with adequate notice to the User. If you wish to cancel your subscription, you can do so by emailing Us at hello@duckpins.co or by clicking to cancel your subscription in your account settings.

Consent to Receive Emails

By creating an account, you agree that you may receive communications from Duckpins, including newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of the actual email.

Membership and User Accounts

To access certain features, you must create a Duckpins account. You may only create an account on your own behalf. The User who creates an account may share documents created on Duckpins with secondary Users, and any secondary Users must also agree to these Terms. You are responsible for keeping your account credentials secure and for all actions taken by you on your account, including relating to the sharing of documents created by Duckpins. Duckpins is not liable for interactions between you and other Users or for misuse of the service.

You are responsible for any content you upload to your personal vault on Duckpins and retain ownership of that content. You may remove any content uploaded to Duckpins at any time, and agree to follow content guidelines established by Duckpins. You affirm, represent and warrant that any content uploaded by You is truthful and accurate. To ensure that the documents created by Duckpins are accurate, you must provide accurate and complete information when using the Services.

Rights & Limited License

Except as provided in these Terms, Duckpins retains all rights in the Services, and its rights are protected by intellectual property laws. Use of any Content provided on the Site or in the Services for any purposes other than that expressly permitted under these Terms is prohibited.

Duckpins grants you a non-transferable, revocable, limited license to use our Services for personal, non-commercial use. Duckpins may terminate this limited license at any time. Any breach of these Terms will terminate your license.

Third Party Services

Duckpins’ Site may contain links to third party websites or other services that are not owned or controlled by Duckpins. Duckpins does not control, endorse, or assume any responsibility for the content, privacy policies, or practices of any third-party sites or services, and you expressly relieve Duckpins of any and all liability associated with your use of any third party website or service. Duckpins will not be liable for any loss or damage arising from your use of or reliance on any third-party services accessed through our platform. If you access a third party site or service from Duckpins, you do so at your own risk, understanding that these Terms do not apply to your activities on the third party site or use of the third party’s services. Your interactions with any third-party providers are solely between you and the third party.

Qualified Custodian of E-Wills 

Duckpins contracts with DRC to act as the qualified custodian for Members’ e-wills. Upon completing execution of your Duckpins documents with our affiliate, Proof, the first executed copy of your electronic will is stored with DRC. Once DRC has stored your will, Duckpins will retrieve copies of all of your Duckpins documents for storage,  By partnering with DRC as the qualified custodian of all Duckpins-created e-wills, Duckpins ensures that your documents meet state-specific requirements regarding storage and maintenance of e-wills. Through DRC, Duckpins will provide users with a certified copy of their e-will upon demand.

Document Maintenance & Storage Policy

You acknowledge that Duckpins may establish policies regarding the maintenance of user data and use of the Services. You agree that Duckpins has no responsibility or liability for deleting or failing to store any content created, maintained or uploaded by the Services. Users have the ability to download copies of their documents from their personal Vault. Any Users that cancel their Duckpins subscription will have the ability to download any documents stored in their personal Vault, and to receive the original copy of their e-will stored by DRC.

Change of Services

Duckpins reserves the right to modify or discontinue the Services at any time, without liability. In the event the Services are discontinued for any reason, Duckpins will provide reasonable notice to You, and will enable the electronic transfer of any documents created by Duckpins to You, in partnership with DRC, the entity acting as the qualified custodian of your e-will. 

DMCA Notice

If you believe your copyrighted material is being infringed, please contact us in accordance with the Digital Millennium Copyright Act (DMCA). Our designated copyright agent can be reached at: hello@duckpins.co. 

Disclaimer of Representations & Liability

To the maximum extent permitted by applicable law, in no event shall Duckpins or its affiliates, agents, directors or employees be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from your use, or inability to use, the Services. Under no circumstances will Duckpins be responsible for any damage or loss resulting from unauthorized use or access of the Services. Duckpins’ aggregate liability for all claims relating to the Services shall in no event exceed the amount paid by You to Duckpins for the 12 months preceding the filing of any claim.  

To the maximum extent permitted by applicable law, Duckpins assumes no liability or responsibility for (i) any errors, omissions or inaccuracies in the Services or on the Site; (ii) any unauthorized use of or access to the Services; (iii) any interruption in, or delay or cessation of the Services

You agree to defend, indemnify, and hold harmless Duckpins and its agents, managers, and affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of the Services, your violation of these Terms, or any content uploaded by you to your Duckpins vault or shared with you on Duckpins. Duckpins will not be liable for damages, including loss of profits or data, resulting from your use. 

Duckpins provides its services on an 'as is' and 'as available' basis without warranties of any kind, whether express or implied, to the maximum extent permitted by law. We do not guarantee the accuracy, completeness, or results derived from the use of our services. Your use of the services is at your own risk, and Duckpins disclaims all responsibility for any errors or omissions in the content provided. Without limiting the foregoing, Duckpins does not warrant that the content provided as part of the Services is accurate, reliable or correct, or that the Services will meet your requirements. You should always consult a professional for specific advice tailored to your circumstances.

Arbitration and Governing Law

Most customer concerns can be resolved quickly aby emailing us at: hello@duckpins.co. 

By agreeing to these Terms, you agree that any disputes arising out of or relating to your use of Duckpins' services will be resolved through binding arbitration, rather than in court. Arbitration will be conducted under the rules of the American Arbitration Association (AAA) in the state of Delaware. You waive your right to a jury trial or to participate in a class action lawsuit. Any claims must be filed within one year of the incident giving rise to the dispute. Each party will bear its own legal fees and costs.

These Terms are governed by and construed in accordance with the laws of the state of Delaware. Any disputes will be subject to the exclusive jurisdiction of the courts in the state of Delaware.

Geography

Duckpins’ services are intended for U.S. users. You are responsible for complying with local laws if accessing the Site from outside the U.S.

Waiver, Severability and Assignment

Duckpins’ failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Duckpins may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Disclaimers

DUCKPINS IS NOT A LAW FIRM. Duckpins does not provide legal advice. Our services, including self-service forms, are for general use and are not a substitute for legal advice. We do not review the inputs you provide on the Site for accuracy or completeness. If your circumstances are too complex to be addressed by our Services, we recommend that you consult a licensed attorney in your state. We also do not provide tax or financial advice; consult with appropriate professionals for your needs. Any information regarding taxes or financial information provided on the Site or as part of the Services is intended as general information only, and is not to be construed or relied upon as tax or financial advice. 

Using Duckpins does not create an attorney-client relationship, and any information provided by you to Duckpins is not protected by attorney-client privilege, nor is it considered attorney work product. The documents and tools provided are for general use and not a substitute for legal advice from a licensed attorney. By using the Services, you agree to review and read each document created by Duckpins on your behalf before executing each document, and you are solely responsible for ensuring that each document accurately reflects both your circumstances and your preferences.

Risk and Consent

By using Duckpins, you consent to our data practices as outlined in our Privacy Policy. While we take reasonable measures to secure your data, we cannot guarantee against unauthorized access.

Contact Information

For any questions or concerns regarding these Terms, contact us at hello@duckpins.co.