Revised & Concise Terms of Service
Last Updated: January 10, 2025
Please read these Terms of Service (“Terms”) carefully before using any website, subdomain, software, applications, or products (collectively, the “Platform”) provided by Planned Giving Interactive, LLC dba EstateGiftPlanning.com (“Company,” “we,” “us,” or “our”). By accessing or using the Platform—including the Gift Planner’s Workstation™, and our beta AI tools Frank™ and Max™—you indicate that you understand these Terms and agree to be bound by them. If you do not agree, please do not use the Platform.
1. Who We Are & What We Do
- No Legal, Tax, or Financial Advice
We are not a law firm and do not provide legal, tax, or financial advice. The information and AI-powered insights on the Platform are for general guidance only. You should always consult an appropriate professional before taking any action based on information from the Platform, Frank™, or Max™. - Age Requirement
By using the Platform, you represent that you are at least 18 years old, and that you have the authority and capacity to accept these Terms.
2. Use of the Platform & AI Tools
- Beta AI Tools:
- Frank™ and Max™ are provided as beta, emerging-technology tools. They may be modified or discontinued at any time, and any insights they generate should be treated with caution.
- No Guarantees: Frank™ and Max™ do not guarantee accuracy or completeness.
- You assume all risks associated with using their outputs.
- Permissible Use
- You are granted a revocable, non-exclusive, non-transferable license to use the Platform, Frank™, and Max™ solely for your personal or internally approved organizational purposes.
- You agree not to use these tools for unlawful purposes or in violation of third- party rights.
- Any reproduction, distribution, or unauthorized commercial use of the Platform or AI outputs is prohibited.
- Account Security
- You are responsible for all activity under your account and must protect your login credentials.
- Notify us immediately of any unauthorized account use.
3. Subscriber Responsibilities & Lapsed Membership
- Membership & Widgets
- Some parts of the Platform require an active membership. If your membership lapses or is otherwise terminated, you agree to remove any related code, widgets, or scripts (including Frank™ or Max™) from your website(s) and digital properties within seven (7) days.
- Account Termination
- We may suspend or terminate your account or access to the Platform (including Frank™ and Max™) at any time, with or without notice, if you violate these Terms or if we discontinue services.
4. Intellectual Property
- Ownership
- All rights in and to the Platform, including text, graphics, logos, and underlying software (including Frank™ and Max™), belong to the Company or our licensors.
- You may not modify, copy, distribute, or create derivative works without ourprior written permission.
- Your Content
- You retain ownership of any content you create or upload to the Platform. By uploading, you grant us a limited license to use and display your content as needed to provide services.
5. Disclaimer of Warranties
- “As Is” and “As Available”
The Platform, Frank™, and Max™ are provided on an “as is,” “as available,” and “with all faults” basis. We expressly disclaim all warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that any part of the Platform will be uninterrupted or error-free. - No Reliance
You agree not to rely on the Platform, Frank™, or Max™ as a substitute for professional advice or guidance. We are not liable for actions you take or fail to take based on any output generated by these tools.
6. Limitation of Liability
- Indirect & Consequential Damages
To the maximum extent allowed by law, neither we nor our employees, agents, or affiliates will be liable for any indirect, special, incidental, exemplary, or consequential damages resulting from your use of (or inability to use) the Platform or AI tools. - Liability Cap
Our total liability will not exceed one hundred dollars ($100) or the amount you paid to us for access to the Platform or tools at issue, whichever is greater.
7. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your use of the Platform, Frank™, or Max™;
- Any breach of these Terms; or
- Violation of any law or infringement of third-party rights.
8. Dispute Resolution
- Governing Law
These Terms and any disputes arising hereunder are governed by the laws of the State of Florida, U.S.A., without regard to conflict-of-law principles. - Arbitration & Waiver of Class Actions
All disputes will be resolved by binding arbitration under the American Arbitration Association’s rules in Los Angeles, California, unless otherwise agreed in writing. You waive any right to a jury trial or to participate in any class action against us. - One-Year Limitation
Any claim or cause of action must be brought within one year after it arises.
9. Changes to Terms
We may update these Terms at any time. Changes become effective immediately upon posting. Continued use of the Platform following any update constitutes acceptance of the revised Terms.
10. General Provisions
- Severability
- If any provision of these Terms is found invalid or unenforceable, the remainder will continue in effect.
- Entire Agreement
- These Terms (along with any linked policies) constitute the entire agreement between you and us regarding the Platform and supersede any prior or contemporaneous agreements.
- Contact Information
- Email us at: info@estategiftplanning.com with any questions or concerns about the Platform or these Terms.
Thank you for reading and understanding our Terms. By continuing to use our services— including Frank™ and Max™—you acknowledge and agree to all the above.