These Terms of Service ("Terms") are a legally binding agreement between you ("you," "your," or "User") and Honorly, Inc., a Delaware corporation with its principal place of business at 228 Park Ave S, New York, NY ("Honorly," "we," "us," or "our"). These Terms govern your access to and use of our website at honorly.com (the "Site"), our client portal and pre-planning vault (together, the "Portal"), and any related content, features, and communications we make available (collectively with the Site and Portal, the "Services").
Our Services include (1) estate settlement coordination for families after a loved one dies, and (2) pre-planning tools that allow individuals to organize and securely store personal, financial, and estate-related information during their lifetime for later use by themselves, their designees, or their estate.
By accessing or using the Services, you agree to these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, you must not use the Services.
To use the Services, you must be at least 18 years old, a resident of the United States, and have the legal capacity to enter into a binding contract. If you use the Services on behalf of an estate, trust, or other person, you represent that you have the authority to do so. The Services are intended for use only within the United States.
Certain features require you to create an account. You agree to provide accurate information, keep it up to date, and maintain the confidentiality of your credentials. You are responsible for all activity under your account and agree to notify us immediately at security@honorly.com of any unauthorized access. You may not share your credentials or maintain multiple accounts without our consent. We may refuse, suspend, or terminate an account at any time for any reason permitted by law.
You agree to use the Services lawfully and in good faith. You will not: (a) use the Services in violation of any law or to send unsolicited communications; (b) impersonate any person or provide false or misleading information to Honorly or to any professional coordinated through the Services; (c) upload content that is unlawful, infringing, harassing, or malicious; (d) access areas you are not authorized to use, circumvent security measures, introduce malware, or scrape, reverse engineer, or extract data from the Services except as permitted by law; or (e) use the Services to compete with us or harm another user. We may investigate suspected violations, remove violating content, suspend or terminate accounts, and report violations to law enforcement.
You are solely responsible for the accuracy, completeness, and timeliness of any information you provide, including information about decedents, heirs, beneficiaries, assets, debts, designees, and any other matter relevant to your account or an estate. Honorly and any independent professional coordinated through the Services are entitled to rely on that information without independent verification. We are not responsible for delays, errors, or adverse outcomes resulting from inaccurate, incomplete, or untimely information. You agree to promptly notify us if information you previously provided becomes inaccurate.
We may introduce you to, or coordinate with, independent licensed attorneys, CPAs, financial advisors, and other professionals. Any such professional represents you directly and is not an employee or agent of Honorly. We do not supervise or assume responsibility for their work or advice, and your relationship with them is governed solely by your agreement with them. Nothing in these Terms limits your right to retain an attorney or other professional of your choosing, at your own expense.
If you use the pre-planning vault, you may upload and store personal, financial, and estate-related information and name one or more individuals ("Designees") to receive access to your vault information, in accordance with the access settings available in your account, our verification procedures, and applicable law. Honorly may, in the future, expand these features to support additional access rules and tiered access based on lifetime, incapacity, or death events. You are responsible for keeping your Designee information and access rules current. We may require appropriate documentation before releasing information to a Designee, executor, or personal representative following your death or incapacity. We may establish reasonable inactivity and account-closure procedures, which will be described in your vault account terms.
Honorly may, from time to time, offer features that use automated tools or artificial intelligence to help you find information, organize your materials, or draft administrative communications ("Automated Features"). If and when these features are made available, the terms of this Section will apply.
You may not use Automated Features in violation of Section 3 (Acceptable Use). You acknowledge that we may log, review, and use inputs and outputs for quality assurance, abuse prevention, and product improvement, subject to our Privacy Policy.
Honorly Content. The Services and all content made available by Honorly, including software, text, graphics, logos, trademarks, and templates, are owned by Honorly or its licensors. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial use. You may not copy, modify, distribute, sell, or create derivative works from our content except as expressly permitted. "Honorly" and the Honorly logo are trademarks of Honorly, Inc.
User Content. You retain ownership of content you upload ("User Content"). You grant Honorly a non-exclusive, worldwide, royalty-free license to host, store, and use your User Content as needed to operate and improve the Services, provide services to you, and comply with legal obligations. We will handle User Content in accordance with our Privacy Policy.
DMCA. If you believe content on the Services infringes your copyright, send a notice complying with 17 U.S.C. § 512 to copyright@honorly.com.
Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, and share information about you. By using the Services, you consent to those practices.
The Services may contain links to third-party sites we do not control. We are not responsible for their content, accuracy, or practices. Your use of any third-party site is at your own risk.
Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
To the fullest extent permitted by law, you agree to indemnify and hold harmless Honorly and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of (a) your use of the Services, (b) your User Content, (c) your violation of these Terms or any applicable law, (d) your violation of any third party's rights, or (e) any inaccurate or misleading information you provide to Honorly or to any independent professional coordinated through the Services.
14.1 Informal Resolution. Before initiating arbitration, you and Honorly agree to attempt to resolve any dispute informally for at least 30 days. To begin, send a written notice describing the dispute and the relief you seek to legal@honorly.com and to Honorly, Inc., 228 Park Ave S, New York, NY, Attn: Legal.
14.2 Binding Arbitration. If the dispute is not resolved within 30 days, you and Honorly agree that any dispute arising out of or related to these Terms or your use of the Services will be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as modified by this Section. The arbitration will be conducted by a single neutral arbitrator in New York County, New York, or, at your election, by telephone or video conference. The arbitrator has exclusive authority to resolve all issues, including the scope and enforceability of this clause. Judgment on the award may be entered in any court of competent jurisdiction.
14.3 Class Action Waiver. You and Honorly agree that each may bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not consolidate claims or preside over any representative proceeding.
14.4 Exceptions. Either party may (a) bring an individual action in small claims court for claims that qualify, and (b) seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property or breach of confidentiality.
14.5 30-Day Opt-Out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to Honorly, Inc., 228 Park Ave S, New York, NY, Attn: Arbitration Opt-Out, or to legal@honorly.com with the subject line "Arbitration Opt-Out." The notice must include your full name, the email address associated with your account, and a clear statement that you are opting out of arbitration. Opting out will not affect any other provision of these Terms.
14.6 Federal Arbitration Act. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
You may stop using the Services at any time and may request account closure by contacting support@honorly.com. We may suspend or terminate your access at any time for any reason permitted by law, including suspected violation of these Terms, suspected fraud, or discontinuation of the Services. Upon termination, your right to use the Services will immediately cease. Sections 4, 8, 11, 12, 13, 14, and 16 will survive.
Governing Law. These Terms are governed by the laws of the State of New York, without regard to conflict of laws principles. Subject to Section 14, any action not subject to arbitration must be brought exclusively in the state or federal courts located in New York County, New York.
Changes. We may modify these Terms from time to time. If we make material changes, we will post an updated version with a new "Last Updated" date and take reasonable steps to notify active users. Your continued use of the Services after the effective date constitutes your acceptance. If you do not agree to the updated Terms, you must stop using the Services.
Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Honorly regarding the Services.
Severability; No Waiver. If any provision is held invalid, the remainder will remain in effect. Our failure to enforce any provision is not a waiver.
Assignment. You may not assign these Terms without our consent. We may assign without restriction.
Independent Contractors. Nothing in these Terms creates any partnership, agency, or employment relationship between you and Honorly.
Notice to California Users. Under California Civil Code § 1789.3, California users are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Honorly, Inc.
228 Park Ave S
New York, NY
legal@honorly.com
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