EveryWill Terms of Service
Last updated: 27 July 2026
These Terms contain a binding arbitration provision and a waiver of class actions and jury trials (Section 20). Please read them as they affect your legal rights.
1. Who we are and what you are agreeing to
These Terms of Service (“Terms”) are an agreement between you and EveryWill, Inc., a Delaware corporation (“EveryWill”, “we”, “us”). They govern your use of everywill.com, our will-creation platform, and the related tools and websites, content, and support we provide (together, the “Services”).
By accessing or using the Services you accept and agree to be bound to these Terms and acknowledge you have read and understood them. If you do not agree to these Terms, do not use the Services. If you use the Services for an organization, you confirm you have authority to bind that organization, and “you” includes it.
2. Definitions
“Documents” means the wills and other estate planning documents generated through the Services from the answers you provide. “Member” means a person who has created an EveryWill account. “Listed Organization” means a charity or other nonprofit or tax-exempt organization that appears in the Services as an option for charitable gifts. “Your Content” means the information, answers, and materials you submit to the Services, including everything in your Documents. “EveryWill Parties” means EveryWill, Inc., its parent and affiliated companies, and each of their officers, directors, employees, and agents.
3. Who may use the Services
You must be at least 18 years old and legally capable of entering into a binding contract. By using the Services you confirm that you meet these requirements, that you are creating your Documents for yourself, and that you are acting of your own free will and not under pressure or undue influence from any other person.
The Services are designed for people in the United States. Document creation is available only in the states we support from time to time, as shown in the Services. If you use the Services from anywhere else, you do so on your own initiative and are responsible for local compliance.
Your account is for you alone. You may not create an account or prepare Documents for another person, even a family member, and no one may do so for you. We have no obligation to verify who is using an account, and we accept no responsibility for Documents created in breach of this section, whether or not the circumstances were or could have been apparent to us, including any effect on their validity or enforceability. We may suspend or close any account we believe is being used in breach of this section.
4. EveryWill is not a law firm
EveryWill is not a law firm, and does not provide legal advice. The Services are self-help tools that assemble documents from the answers you provide; they are not a substitute for the advice of an attorney licensed in your state who knows your circumstances. Your use of the Services does not create an attorney-client relationship between you and EveryWill or anyone working for EveryWill, and nothing you send us is protected by attorney-client privilege.
If you believe anything in the Services amounted to legal advice or a recommendation about what your Documents should say, do not sign or rely on the Documents.
5. How the Services work
We do not review your answers.
The Services assemble your Documents exactly from what you enter. We do not check your answers for accuracy, completeness, spelling, or legal effect, and we do not evaluate whether the Documents suit your circumstances. Read your Documents carefully before signing. We cannot and do not assess whether the Services or your Documents are right for your circumstances — no general template suits every situation, and only an attorney licensed in your state who knows your circumstances can advise you on that. Consider getting that advice before you sign — including, but not limited to, if you have a blended family, stepchildren, or children from a prior relationship; are separated, divorcing, or recently married; intend to leave out or leave less to your spouse, a child, or another close family member; expect any dispute over your will; want to provide for someone with special needs or receiving government benefits; may face federal or state estate or inheritance tax; own a business, farm, or partnership interest; hold property in more than one state or outside the United States; have a spouse who is not a U.S. citizen; live in or hold property from a community property state; have or want a trust, or want to place conditions on a gift; have a prior will or a prenuptial or postnuptial agreement; hold significant retirement accounts, life insurance, or jointly owned assets (which often pass outside your will); are planning for long-term care or Medicaid; have any concern about memory, capacity, or pressure from another person; or if anything else about your situation feels uncertain to you.
Signing instructions are guidance, not a guarantee.
The Services include signing instructions intended to reflect the witnessing and execution requirements of the state you select, as we understand them at the time your Documents are generated. Laws change and vary by state, and we cannot promise the instructions are complete or current for your situation. A will must be printed and signed in ink with the formalities your state requires; agreeing to these Terms electronically is not the execution of your will. Proper execution of your Documents — and their resulting validity — is your responsibility. Our Services end when your Documents are delivered to you; anything after delivery, including signing, witnessing, notarization, storage of the signed original, and any filing, is up to you.
Legal information may be outdated or incomplete — including your Documents.
The law differs between states, changes frequently, and is subject to interpretation. Everything of a legal nature in the Services — the platform, its templates and instructions, our educational content, and your Documents themselves — reflects our understanding at the time it is generated or published, is general in nature, is not advice about your situation, and is not guaranteed to be correct, complete, or current. Once your Documents have been generated, we have no obligation to update them or to notify you of changes in the law. Review your will from time to time, and especially after major life events — marriage or divorce, the birth or adoption of a child, a death in the family, a significant change in your assets, or a move to another state — because a will that was right when you signed it may not stay right.
No tax, financial, or other professional advice.
Charitable gifts and other choices in your Documents can have tax and financial consequences. Nothing in the Services is tax, financial, accounting, or investment advice. Consult your own professional advisers.
6. Your account
Keep the means of accessing your account secure. Depending on how you sign in, that may be a password or a one-time code sent to your email address — so keeping your email account secure is part of keeping your EveryWill account secure. You are responsible for everything done through your account. To the fullest extent permitted by law, we are not responsible for losses arising from unauthorized access to or use of your account, however it occurs.
7. Your Content and your Documents
Your Content and your Documents belong to you. We claim no ownership of them. You grant us the license we need to operate: to host, process, transmit, display, and back up Your Content to provide the Services; to use and share information as described in our Privacy Policy and in accordance with the choices you make — including, if you opt in, sharing details of your charitable gifts and your contact information with the organizations you name; to create, use, and share de-identified and aggregated data that does not identify you; and to comply with law and keep the Services secure.
You are responsible for Your Content. When you enter information about other people — a partner, children, executors, guardians, beneficiaries, or anyone else — you confirm that you are entitled to provide that information to us and that we may handle it as described in our Privacy Policy. The Services may send notifications that you authorize in the document-creation flow (for example, an email letting a person or Listed Organization know they have been named in your will).
8. Feedback and testimonials
If you send us suggestions, ideas, reviews, testimonials, or other feedback about the Services, we may use, reproduce, adapt, publish, sublicense, and display that feedback in any media, worldwide, without payment or further permission, including to promote the Services. This never applies to Your Content or your Documents, which remain private to you and are handled only under our Privacy Policy. We may attribute published testimonials using the name you provided with them.
9. Acceptable use
You agree not to: (a) copy, scrape, or harvest any part of the Services or other users’ information, whether manually or by any automated means, including bots, crawlers, and AI tools or agents; (b) use content from the Services (other than your own Documents) to train, fine-tune, or otherwise develop any AI or machine-learning model or system; (c) access the Services by any means other than the interfaces we provide, or probe, disrupt, or overload our systems; (d) upload malicious code; (e) impersonate anyone, misstate your identity, or commit fraud; (f) resell, republish, adapt, create derivative works from, or otherwise commercially exploit the Services or any document templates or content within them; (g) use the Services to prepare documents for other people; (h) access or use the Services if you are, or act for, a person or company that develops or offers a competing product, except with our prior written consent; or (i) use the Services in violation of any law.
10. Our intellectual property; your license
The Services — including our software, design, text, graphics, logos, templates, and everything else we created — are owned by EveryWill and its licensors and protected by intellectual property laws. We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the Services in accordance with these Terms. We reserve all rights not expressly granted.
Your Documents are different: once generated, you may download, print, copy, store, and share your own Documents freely for your personal purposes — that is what they are for.
11. Charitable giving through EveryWill
Charity listings.
The Services display the names and logos of Listed Organizations to make it easy to include a gift in your will if you choose to. Names and logos remain the property of their owners and are shown for identification only. A listing is not a partnership, sponsorship, or endorsement in either direction — an organization may appear without having partnered with, endorsed, or consented to appearing on EveryWill — and EveryWill does not endorse any Listed Organization. Listings may change or be removed at any time, including at an organization’s request.
Gifts are your decision.
Whether to leave a charitable gift, to which organizations, and how much are entirely your decisions. The Services may show optional prompts, editable defaults, or suggested amounts, but these are entirely optional and can be changed or ignored, and no charitable gift is required to use the Services. Including a gift never costs you anything, and nothing is deducted from any gift. Some organizations may compensate EveryWill to appear or be featured in the Services. EveryWill does not accept or process donations; gifts you include take effect through your will under state law, administered by your estate — not through, or by, EveryWill. We make no representations about any organization’s suitability, tax status, or use of gifts — verify these yourself before giving, and nothing in the Services is advice about whether or how much to give.
Your information.
We may share information about your charitable gifts with the organizations you name only as described in our Privacy Policy and in accordance with the choices you make in the Services. You can change those choices at any time.
12. Changes, suspension, and termination
We may change, suspend, or discontinue the Services or any feature at any time. We may suspend or terminate your access to the Services, with or without notice, if we believe you have violated these Terms or applicable law, or at our discretion. You may stop using the Services and delete your account at any time.
Upon termination or account deletion, we may delete Your Content and your Documents from our systems, and we have no obligation to retain, export, or provide them, except as described in our Privacy Policy or required by law. Keep your own signed originals and copies of your Documents — the signed paper original of your will is the operative document, not our stored copy.
13. Access after a Member’s death
Your account is personal to you, and we do not guarantee that anyone — including your executor or family — will be given access to it or its contents after your death. We may, at our discretion and in accordance with our policies at the time, provide information or access to a person who demonstrates, with documentation satisfactory to us, legal authority in respect of your estate, and we may verify identity and authority before doing so. We will provide information where required by law or valid legal process. Keep your signed will and other originals where the people who will need them can find them — the signed paper document is what matters legally, not the copy stored in your account. The Services may in the future include features that let you share access with people you choose; any such features will operate as described when offered.
14. Third-party services and links
The Services may link to or work with websites and services we do not control. We are not responsible for them, and these Terms and our Privacy Policy do not apply to your use of them. Your dealings with any third party are between you and them.
15. Electronic communications and notices
By using the Services you consent to receive communications, agreements, disclosures, and notices from us electronically — by email to the address on your account or by posting in the Services — and you agree electronic communications satisfy any requirement that they be in writing. This consent covers our communications with you; as Section 5 explains, it does not extend to executing your will, which must be signed on paper under your state’s law. We are not responsible for notices you miss because your email address is out of date or our messages are filtered; keep your account email current.
16. Copyright complaints
If you believe material on the Services infringes your copyright, contact us at. contact.us@everywill.com with details of the work and where the allegedly infringing material appears. We may remove material at our discretion and may terminate the accounts of repeat infringers. Misrepresenting infringement in a notice can expose you to liability.
17. Indemnity and release
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the EveryWill Parties from and against all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or connected with: Your Content and your Documents; your breach of these Terms; your violation of any law or of any third party’s rights; and any use of your account.
To the fullest extent permitted by law, you agree — for yourself and on behalf of your estate, your heirs, your personal representatives, and your assigns — to release the EveryWill Parties from all claims and liabilities of every kind arising out of or connected with the Services or your Documents, whether arising before or after your death. The release in this paragraph does not apply to North Carolina consumers.
18. Disclaimer of warranties
The Services and everything provided through them are provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement — to the fullest extent permitted by law. We do not warrant that the Services will be uninterrupted, error-free, or secure; that content is accurate, complete, or current; or that any Document will be valid or enforceable or will achieve any particular outcome. No information obtained from us, oral or written, creates any warranty. This section does not apply to North Carolina consumers.
19. Limitation of liability
To the fullest extent permitted by law: (a) no EveryWill Party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or loss of goodwill, arising out of or relating to the Services or these Terms, under any theory of liability, even if advised such damages are possible; and (b) the EveryWill Parties’ total aggregate liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of one hundred U.S. dollars ($100) or the amounts you paid us in the twelve months before the claim arose. This section does not apply to North Carolina consumers.
20. Governing law; disputes; arbitration
Governing law and venue. These Terms and any dispute between you and EveryWill are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs the arbitration agreement below. Subject to that arbitration agreement, any dispute must be brought exclusively in the state or federal courts located in Delaware, and both parties consent to their jurisdiction. This venue sentence does not apply to North Carolina consumers.
Talk to us first.
Before either of us starts arbitration or litigation, the party with a dispute must send the other a written description of it — your name, the nature of the dispute, and the relief sought — to notices@everywill.com (we will use your account email). Both parties will then try in good faith to resolve the dispute for 60 days, during which any limitation periods and filing deadlines are paused. Completing this step is a precondition to starting any proceeding. Disputes about intellectual property may skip this step.
Arbitration agreement.
Except as provided below, you and EveryWill agree that any dispute, claim, or controversy between us arising out of or relating to the Services, your Documents, or these Terms — including whether a claim must be arbitrated — will be resolved by final and binding arbitration between you and EveryWill on an individual basis, administered by the American Arbitration Association under its Consumer Arbitration Rules (and its Mass Arbitration Supplementary Rules where they apply). This arbitration agreement also covers any such dispute asserted against any other EveryWill Party, and each EveryWill Party is an intended third-party beneficiary of Sections 17 through 20 and may enforce them. Hearings, if any, will be held remotely by video or phone unless the arbitrator finds good cause for an in-person hearing, which would be held in the county where you live. The arbitrator may award the same individual relief a court could, and must apply these Terms as written. Judgment on the award may be entered in any court with jurisdiction.
What stays out of arbitration.
Either party may (a) bring an individual claim in small claims court, and (b) seek injunctive or other equitable relief in court to protect its intellectual property.
Fees, confidentiality, and frivolous claims.
Arbitration fees are allocated as the AAA rules provide. If the arbitrator finds that a claim was frivolous or brought for an improper purpose, you agree the arbitrator may require reimbursement of EveryWill’s arbitration fees to the extent the AAA rules permit. Arbitration proceedings and their records are confidential, except as needed to confirm or enforce an award or as the law requires.
Class action and jury waiver.
Both parties waive the right to a jury trial and the right to participate in a class, collective, consolidated, or representative action, in court or in arbitration. The arbitrator may hear only your individual claims. If this paragraph is found unenforceable as to a particular dispute, the entire arbitration agreement does not apply to that dispute.
Coordinated filings.
If 25 or more arbitration demands raising similar claims are filed against EveryWill by the same law firm or by coordinated counsel, the parties agree the demands will be resolved in staged batches: the AAA will administer them under its Mass Arbitration Supplementary Rules, in batches of up to 50, each batch assigned to a single arbitrator, with filing fees due per batch as demands are batched. After the first batch resolves, the parties will mediate the remaining demands for 90 days before further batches proceed. If the mediation does not resolve the remaining demands, either you or EveryWill may elect, by written notice within 60 days after the mediation ends, to have any demands not yet in arbitration proceed in court instead. Claims are tolled while a demand awaits its batch. This paragraph does not authorize class arbitration.
Opt-out.
You may reject this arbitration agreement without penalty by emailing notices@everywill.com with the subject “Arbitration opt-out” from your account email within 30 days of first accepting these Terms. If you opt out, the rest of these Terms still apply.
Changes to this section.
We will give at least 30 days’ notice of material changes to this Section 20. Changes apply only to claims filed after the change takes effect, and you may opt out of a changed arbitration agreement in the same way within 30 days of the change.
Time to bring claims.
To the fullest extent permitted by law, any claim arising out of or relating to the Services or these Terms must be brought within one year after it accrues, or it is permanently barred. This paragraph does not apply where the law does not permit shortening the limitation period, and the informal-resolution pause described above extends this deadline.
21. For North Carolina consumers
If you are a North Carolina consumer: you can view your completed Document in full before finalizing it, and we will show you the blank template on request; where we offer Documents to North Carolina consumers, each template offered has been reviewed by an attorney licensed in North Carolina, and we will provide the reviewing attorney’s name and address on written request to notices@everywill.com; and we maintain a consumer-satisfaction process: raise any concern at contact.us@everywill.com and we will work with you in good faith to address it. We refer any concern involving the unauthorized practice of law to the North Carolina State Bar. The release in Section 17, the warranty disclaimer in Section 18, the limitation of liability in Section 19, and the venue sentence in Section 20 do not apply to North Carolina consumers.
22. Sanctions and export
You represent that you are not located in a country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted-party list. You may not use the Services in violation of U.S. export control or sanctions laws.
23. General
We may update these Terms from time to time. If we make a material change, we will notify Members by email or through the Services before it takes effect, and your continued use of the Services after that constitutes acceptance of the updated Terms; if you do not agree, stop using the Services and delete your account. Changes to Section 20 follow the notice and opt-out process described there.
We may assign these Terms or any of our rights and obligations, including in connection with a merger, acquisition, or sale of assets; you may not assign these Terms. These Terms, together with the Privacy Policy and any feature-specific terms we present to you, are the entire agreement between you and EveryWill about the Services and supersede prior agreements. If any provision is found unenforceable, the remainder stays in effect, except as Section 20 provides for the class waiver. Our not enforcing a provision is not a waiver of it. Sections that by their nature should survive termination do survive, including Sections 4, 5, 7 (your license to us, for as long as we retain Your Content), 8, and 16 through 23.
Questions about these Terms?
contact.us@everywill.com.