My-Will Terms & Conditions

Last Updated: December 17, 2025 | Version: 1.0

1. Introduction

1.1 This website (www.my-will.au) and the My-Will Platform (as defined below) are created, operated and controlled by My-Will (ABN:51320368791) (we, us or our).

1.2 These Terms and Conditions (Agreement), together with our Privacy Policy, apply to your access to and use of:

(a) our website (www.my-will.au) (Website);
(b) the My-Will Platform and all services provided through it (Services); and
(c) all information, content and materials made available on or through the Website and My-Will Platform.

1.3 The term you or your refers to the person or organisation accessing, using or relying upon the Website, the My-Will Platform and the Services.

1.4 Please read these Terms and Conditions carefully before accessing or using the Website or My-Will Platform. By accessing or using the Website, My-Will Platform or Services, you acknowledge that you have read, understood and accept these Terms and Conditions and our Privacy Policy, and that you agree to be bound by them.

1.5 If you do not accept these Terms and Conditions, you must not access or use the Website, the My-Will Platform or the Services.

1.6 If you have any questions about these Terms and Conditions, please contact us at support@my-will.au before using our Services.

2. Definitions

For the purpose of these Terms and Conditions:

(a) Account means your unique user account created to access and use the My-Will Platform and Services;

(b) Beneficiary means a person who benefits from your Will, including potential or contingent beneficiaries;

(c) Business Day means any day which is not a Saturday, Sunday or public holiday in New South Wales, Australia;

(d) Commencement Date means the date you create your Account;

(e) Consequential Loss means the following, however arising:

(i) indirect, consequential, incidental, special, remote or unforeseeable loss, damage, cost or expense;
(ii) loss of revenue, profit, income, business, contract, goodwill, anticipated savings, or loss caused by business interruption;
(iii) loss of inheritance, loss of opportunity to inherit, loss of bequest or legacy, loss of opportunity to receive a bequest or legacy, or costs (including legal costs) to apply for probate or letters of administration;
(iv) loss or corruption of data (including User Data);

(f) Estate means all of your assets and liabilities;

(g) Executor means an adult person or entity appointed to administer your Estate after you die;

(h) Fees means the fees payable to access and use the Services, including the purchase price for creating a Will, Subscription Fees, or any other fees displayed on the My-Will Platform;

(i) Intellectual Property Rights means all confidential information, designs, copyright, derivative works, trade marks, patents, domain names, trade secrets, know-how, technical information, and all similar rights, whether registered or unregistered;

(j) My-Will Platform means the software platform made available through the Website at www.my-will.au, including the application software, database, and all related systems used to provide the Services;

(k) Personal Information has the meaning given in the Privacy Act 1988 (Cth);

(l) Privacy Policy means our privacy policy available at www.my-will.au/privacy-policy;

(m) Relevant Laws means any applicable Australian federal, state and local laws, statutes, rules, regulations, and legal requirements, including wills, probate and administration legislation;

(n) Services means the estate planning solutions provided by My-Will, including:

(i) access to and use of the My-Will Platform to create and download your Will (either on a one-off or Subscription basis);
(ii) a licence and right to upload and store User Data on the My-Will Platform;
(iii) customer support services; and
(iv) any other services made available through the My-Will Platform;

(o) Subscription means an agreement between My-Will and a user to access the Services on a recurring payment basis for a specified period;

(p) Subscription Fees means the recurring fees payable for a Subscription as displayed on the My-Will Platform;

(q) User Data means all data, information, documents and content uploaded to, created on, or stored on the My-Will Platform by you, including your Will and estate planning information;

(r) Will means a legal document expressing your wishes regarding the distribution of your assets and the care of any minor children after your death.

3. Critical Legal Disclaimers

3.1 Not Legal Advice

(a) IMPORTANT: My-Will is not a law firm. We do not provide legal, financial or taxation advice. The My-Will Platform is a technology platform that assists you in creating your own estate planning documents using our forms and guided process.

(b) No lawyer-client relationship is created between you and My-Will in connection with your access to or use of the Website, My-Will Platform or Services. Any information you provide to us will not be subject to lawyer-client privilege.

(c) The Services do not take into account your individual needs, objectives or circumstances. Any reliance on or use of the Services is at your own risk.

(d) We strongly recommend that you seek independent legal advice from a qualified solicitor if:

(i) you have a complex estate or family situation;
(ii) you own property overseas;
(iii) you have a family trust or business interests;
(iv) you are concerned about a potential will challenge;
(v) you have any doubts about whether our Services are suitable for your circumstances; or
(vi) you want legal advice about your Will or estate planning.

3.2 Your Sole Responsibility

(a) You assume sole responsibility for any Will created using the My-Will Platform and Services.

(b) It is your responsibility to ensure that:

(i) you use the Services correctly according to all instructions provided;
(ii) all information you provide is accurate, complete and up-to-date;
(iii) your Will accurately reflects your wishes;
(iv) your Will is properly executed (signed and witnessed) in accordance with applicable laws;
(v) your Will is stored safely and your executors know where to find it; and
(vi) you review and update your Will when your circumstances change.

3.3 Information on Website

(a) The information and materials on the Website are provided for general information purposes only. They do not constitute legal, financial or taxation advice.

(b) We do not warrant the accuracy or completeness of information provided on the Website, and we are under no obligation to update this information unless required by law.

(c) We are not liable for any use or reliance upon information or materials contained on the Website.

4. Eligibility and Account Requirements

4.1 Age and Capacity Requirements

(a) To use the Services, you must:

(i) be at least 18 years of age;
(ii) be legally able to enter into binding contracts;
(iii) have the mental capacity to make a Will; and
(iv) be a resident of Australia (our Services are designed for Australian law only).

(b) We reserve the right to request proof of age and identity at any time.

4.2 Creating an Account

(a) You must create an Account to access and use the My-Will Platform and Services.

(b) When creating your Account, you agree to:

(i) provide accurate, current and complete information;
(ii) maintain and update this information to keep it accurate and current;
(iii) maintain the security and confidentiality of your username and password;
(iv) notify us immediately of any unauthorized access to your Account; and
(v) accept responsibility for all activities that occur under your Account.

(c) You must not:

(i) share your Account credentials with anyone else;
(ii) use another person’s Account;
(iii) create an Account using false or misleading information; or
(iv) create multiple Accounts without our permission.

4.3 Account Suspension and Termination

We may suspend or terminate your Account at any time if:

(a) you breach these Terms and Conditions;
(b) you provide false or misleading information;
(c) your Account is used for fraudulent or illegal purposes;
(d) we are required to do so by law or government authority; or
(e) we discontinue the Services.

5. Services and Subscriptions

5.1 Licence to Use Services

(a) Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable, revocable, personal licence to access and use the My-Will Platform and Services for your personal, non-commercial use only.

(b) You may not use the Services for any commercial purpose without our express written permission.

(c) This licence does not give you any ownership rights in the My-Will Platform or Services.

5.2 One-Off Purchase

(a) You may purchase the right to create a single Will on a one-off basis by paying the applicable Fee.

(b) A one-off purchase allows you to:

(i) create one Will;
(ii) download and print your Will; and
(iii) store your Will on the My-Will Platform.

(c) If you wish to make changes to your Will after completing your one-off purchase, you must either:

(i) purchase a Subscription; or
(ii) pay the applicable Fee to create a new Will.

5.3 Subscription

(a) You may purchase a Subscription to access and use the Services on an ongoing basis.

(b) A Subscription allows you to:

(i) create and update your Will unlimited times during the Subscription period;
(ii) store your Will on the My-Will Platform; and
(iii) access customer support.

(c) Subscriptions are available for the following periods as displayed on the My-Will Platform:

(i) Monthly Subscription
(ii) Annual Subscription

(d) Your Subscription will automatically renew at the end of each Subscription period unless you cancel it before the renewal date.

(e) The Subscription Fee for each renewal period will be charged to your payment method automatically.

5.4 Free Trial (If Applicable)

(a) We may offer a free trial period for Subscriptions from time to time.

(b) If you sign up for a free trial:

(i) you will have access to the Services for the specified trial period without charge;
(ii) you must provide valid payment details;
(iii) your Subscription will automatically convert to a paid Subscription at the end of the trial period unless you cancel before the trial ends; and
(iv) you will be charged the applicable Subscription Fee when the trial period ends.

(c) Free trials are limited to one per person. We reserve the right to refuse free trials to users who have previously used a free trial.

6. Fees and Payment

6.1 Fees

(a) All Fees are displayed on the My-Will Platform and are current at the time of display.

(b) All Fees are in Australian Dollars (AUD) and include GST where applicable.

(c) We reserve the right to change our Fees at any time. Fee changes will be effective immediately upon posting to the My-Will Platform.

(d) If you have an active Subscription, any Fee increases will apply from your next renewal date. We will provide you with reasonable notice of Fee increases for Subscriptions.

6.2 Payment Methods

(a) We accept payment by:

(i) credit card (processed by Stripe);
(ii) debit card (processed by Stripe); and
(iii) PayPal.

(b) We use third-party payment processors (Stripe and PayPal) to process payments. We do not store your credit card or bank account details.

(c) By making a payment, you:

(i) authorize us to share your payment information with our payment processors;
(ii) agree to the terms and conditions of our payment processors; and
(iii) represent that you are authorized to use the payment method provided.

(d) Our payment processors’ privacy policies are available at:

Stripe: https://stripe.com/au/privacy
PayPal: https://www.paypal.com/au/webapps/mpp/ua/privacy-full

6.3 Subscription Billing

(a) Subscription Fees are charged in advance at the start of each Subscription period.

(b) By purchasing a Subscription with automatic renewal, you authorize us to charge your payment method:

(i) at the start of your initial Subscription period; and
(ii) automatically at the start of each renewal period.

(c) If your payment fails:

(i) we will attempt to process payment again;
(ii) we may suspend your access to the Services until payment is successful;
(iii) your payment provider may charge you fees; and
(iv) we may charge you a failed payment administration fee.

(d) It is your responsibility to ensure:

(i) sufficient funds are available in your account; and
(ii) your payment details are current and valid.

6.4 Refund Policy

(a) All Fees are non-refundable except as required by Australian Consumer Law.

(b) You acknowledge that you are not entitled to a refund if you:

(i) change your mind about using the Services;
(ii) choose not to download, print or sign your Will;
(iii) make an error when creating your Will;
(iv) decide the Services are not suitable for your circumstances; or
(v) cancel your Subscription.

(c) Nothing in this clause limits your rights under the Australian Consumer Law or other applicable consumer protection legislation.

6.5 Cancelling Subscriptions

(a) You may cancel your Subscription at any time through:

(i) your Account settings on the My-Will Platform; or
(ii) contacting us at support@my-will.au.

(b) If you cancel your Subscription:

(i) cancellation will take effect at the end of your current billing period;
(ii) you will continue to have access to the Services until the end of your current billing period;
(iii) you will not be charged for subsequent billing periods; and
(iv) you will not receive a refund for the current billing period.

(c) After your Subscription ends:

(i) you will no longer be able to edit or update your Will through the My-Will Platform;
(ii) your Will will remain stored on the My-Will Platform for a reasonable period (as specified in our Privacy Policy); and
(iii) you should download and save copies of your Will before your Subscription ends.

7. Using the Services

7.1 Permitted Use

You may only use the Services:

(a) to create a Will for yourself (not for anyone else);
(b) in accordance with these Terms and Conditions;
(c) in accordance with all instructions and guidance provided on the My-Will Platform;
(d) for lawful purposes only; and
(e) in a manner that does not infringe the rights of others or restrict their use of the Services.

7.2 Prohibited Use

You must not:

(a) use the Services to create a Will for any person other than yourself;
(b) use the Services for any commercial, business or resale purpose;
(c) share your Account with others or allow others to use your Account;
(d) attempt to reverse engineer, decompile, disassemble or otherwise discover the source code of the My-Will Platform;
(e) copy, modify, adapt, reproduce, distribute, display or create derivative works from the My-Will Platform or Services;
(f) use any automated system (including robots, spiders or scrapers) to access the Services;
(g) attempt to gain unauthorized access to the My-Will Platform or related systems;
(h) transmit any viruses, malware or other harmful code;
(i) interfere with or disrupt the My-Will Platform or servers;
(j) use the Services to engage in any fraudulent or illegal activity; or
(k) use the Services in any manner that could damage, disable, overburden or impair the My-Will Platform.

7.3 Your Responsibilities

When using the Services, you are responsible for:

(a) providing accurate, complete and truthful information;
(b) carefully reviewing all information before submitting it;
(c) following all instructions and guidance provided;
(d) ensuring you understand the legal effect of the Will you create;
(e) having your Will properly witnessed and executed in accordance with applicable law;
(f) storing your Will safely;
(g) informing your executors where your Will is stored;
(h) reviewing and updating your Will when your circumstances change; and
(i) seeking independent legal advice if you have any doubts or questions.

8. Will Creation Process and Limitations

8.1 How the Service Works

(a) The My-Will Platform guides you through a series of questions to gather information about your estate, beneficiaries, executors and wishes.

(b) Based on your responses, the My-Will Platform generates a Will document using:

(i) our proprietary software and templates hosted on Bubble.io;
(ii) Google Docs API for PDF generation; and
(iii) automated document assembly technology.

(c) You are responsible for reviewing the generated Will carefully to ensure it accurately reflects your wishes.

8.2 What the Services Include

The Wills created using the My-Will Platform include basic provisions for:

(a) appointing executors;
(b) distributing your estate to beneficiaries;
(c) appointing guardians for minor children;
(d) making specific gifts and bequests;
(e) establishing testamentary trusts (basic provisions only); and
(f) funeral wishes.

8.3 Limitations of the Services

IMPORTANT: The Services have limitations. The Wills created through the My-Will Platform:

(a) Are designed for straightforward estates only. The Services may not be suitable if you have:

(i) complex family situations (blended families, estranged relatives, dependants with special needs);
(ii) significant assets or complex asset structures;
(iii) business interests or family trusts;
(iv) property located outside Australia;
(v) concerns about potential will challenges;
(vi) complex tax planning needs; or
(vii) requirements for specialized trusts or estate planning structures.

(b) Do not replace professional legal advice. The Services cannot:

(i) provide personalized legal advice for your specific circumstances;
(ii) address all possible scenarios or contingencies;
(iii) provide tax planning or asset protection advice;
(iv) guarantee your Will will not be challenged; or
(v) guarantee your Will will be upheld by a court.

(c) Rely on your input. The quality and validity of your Will depends entirely on:

(i) the accuracy and completeness of information you provide;
(ii) you following all instructions correctly;
(iii) you properly executing (signing and witnessing) your Will; and
(iv) you understanding the legal effect of your Will.

(d) May become outdated. Your Will may need to be updated if:

(i) your circumstances change (marriage, divorce, birth of children, death of beneficiaries);
(ii) your assets change significantly;
(iii) relevant laws change; or
(iv) significant time passes since you created your Will.

8.4 Execution Requirements

(a) For your Will to be legally valid, you must:

(i) sign the Will in the presence of two independent adult witnesses;
(ii) have both witnesses sign the Will in your presence;
(iii) ensure witnesses are not beneficiaries or related to beneficiaries;
(iv) ensure you have the mental capacity to understand the Will when signing; and
(v) sign the Will voluntarily without undue influence or pressure.

(b) We do not verify that your Will has been properly executed. This is your responsibility.

(c) We strongly recommend having your Will witnessed by a solicitor, Justice of the Peace, or other authorized witness who can verify the execution was proper.

8.5 What We Do Not Verify

IMPORTANT: When you use the Services, My-Will does not and cannot verify:

(a) your identity or the identity of your executors, beneficiaries or guardians;
(b) your mental capacity or testamentary capacity to make a Will;
(c) whether you are acting voluntarily or under duress;
(d) the existence, ownership, location or value of any assets mentioned in your Will;
(e) the legal description or status of any property mentioned in your Will;
(f) whether there are any liens, debts or encumbrances on your assets;
(g) whether your Will has been properly executed (signed and witnessed);
(h) whether your Will complies with all applicable legal requirements;
(i) whether your Will will be upheld if challenged;
(j) whether there are other persons who may have a claim on your estate;
(k) the suitability of the Services for your personal circumstances; or
(l) whether your Will accurately reflects your wishes.

9. Data Storage and Security

9.1 Where Your Data is Stored

(a) Your User Data (including your Will) is processed and stored using the following third-party services:

(i) Bubble.io (United States) – platform hosting and data storage;
(ii) Google (United States) – PDF document generation;
(iii) Hostinger (United Kingdom/Germany) – website hosting and backups.

(b) This means your data, including your Will, is stored on servers located outside Australia.

(c) Further details about overseas data storage are provided in our Privacy Policy.

9.2 Security Measures

(a) We implement reasonable security measures including:

(i) SSL encryption for data transmission;
(ii) secure server infrastructure;
(iii) access controls and authentication;
(iv) regular security updates; and
(v) backup and recovery procedures.

(b) However, no internet transmission or electronic storage is completely secure. We cannot guarantee absolute security of your data.

9.3 Your Security Responsibilities

You are responsible for:

(a) keeping your Account credentials secure;
(b) using a strong, unique password;
(c) logging out after using the My-Will Platform;
(d) not sharing your Account with others;
(e) monitoring your Account for unauthorized access; and
(f) notifying us immediately if you suspect unauthorized access.

9.4 Data Retention

(a) We will retain your User Data (including your Will) in accordance with our Privacy Policy.

(b) After your death, your executors may request access to your Will by providing satisfactory proof of death and authority.

(c) You may request deletion of your Account and User Data at any time, subject to our legal obligations to retain certain records.

10. Intellectual Property Rights

10.1 Our Intellectual Property

(a) All Intellectual Property Rights in the My-Will Platform, Website, Services and all content, materials, software, design, graphics, text, logos and functionality (Our IP) are owned by or licensed to My-Will.

(b) These Terms and Conditions do not transfer any ownership of Our IP to you.

(c) You must not:

(i) copy, reproduce, modify, adapt, translate or create derivative works from Our IP;
(ii) distribute, license, sell, rent, lease or transfer Our IP;
(iii) reverse engineer, decompile or disassemble any software;
(iv) remove or alter any copyright notices or proprietary legends;
(v) use Our IP to create competing products or services; or
(vi) frame or mirror any part of the Website or My-Will Platform.

10.2 Your User Data

(a) You retain all Intellectual Property Rights in your User Data.

(b) By using the Services, you grant My-Will a limited, non-exclusive, worldwide, royalty-free licence to:

(i) use, store, process and transmit your User Data as necessary to provide the Services;
(ii) create backup copies of your User Data;
(iii) use de-identified and aggregated data for analytics and service improvement.

(c) This licence continues until you delete your Account or request deletion of your User Data.

10.3 Your Will

(a) Once your Will is created and downloaded, it is your property.

(b) You may:

(i) download, print and store copies of your Will;
(ii) provide copies to your executors and legal advisors; and
(iii) store your Will on the My-Will Platform.

(c) We retain a copy of your Will on the My-Will Platform to:

(i) allow you to access and update it (if you have an active Account or Subscription);
(ii) provide it to your executors after your death; and
(iii) comply with legal obligations.

11. No Warranties

11.1 Services Provided “As Is”

(a) To the maximum extent permitted by law, the Services, My-Will Platform and Website are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied.

(b) We do not warrant or guarantee that:

(i) the Services will be available continuously or error-free;
(ii) the My-Will Platform will operate without interruption or errors;
(iii) any Wills created using the Services will be legally valid, enforceable or upheld by a court;
(iv) the Services are suitable for your particular circumstances;
(v) the Services will meet all your estate planning needs;
(vi) all errors or defects will be corrected;
(vii) the Services are virus-free or secure; or
(viii) the Services will remain available indefinitely.

11.2 No Legal Outcome Guarantees

(a) IMPORTANT: We make no representations, warranties or guarantees about:

(i) the validity, enforceability or legal effect of any Will created using the Services;
(ii) whether your Will accurately reflects your wishes;
(iii) whether your Will complies with all applicable legal requirements;
(iv) whether your Will will be upheld if challenged;
(v) whether your estate will be distributed according to your wishes;
(vi) whether probate will be granted;
(vii) the tax consequences of your Will;
(viii) whether all potential claims on your estate have been addressed; or
(ix) any legal, financial or tax outcomes arising from your use of the Services.

11.3 Changes in Law

(a) Laws relating to wills and estates may change. We are under no obligation to notify you of changes in law that may affect your Will.

(b) It is your responsibility to:

(i) stay informed about relevant legal changes;
(ii) review your Will regularly; and
(iii) update your Will when necessary.

11.4 Third-Party Services

(a) The Services rely on third-party service providers (including Bubble.io, Google, Hostinger, Stripe and PayPal).

(b) We are not responsible for:

(i) the availability, reliability or performance of third-party services;
(ii) any errors, interruptions or data loss caused by third-party services;
(iii) changes to third-party services that may affect the Services; or
(iv) the privacy practices of third-party service providers (which are governed by their own privacy policies).

11.5 Australian Consumer Law

(a) Nothing in these Terms and Conditions excludes, restricts or modifies any rights or remedies, or any guarantees, warranties or other obligations, that you may have under the Competition and Consumer Act 2010 (Cth) or other Australian consumer protection legislation that cannot lawfully be excluded, restricted or modified (Consumer Law Rights).

(b) Where the Services are supplied to you as a consumer (within the meaning of the Australian Consumer Law), our liability for failure to comply with a consumer guarantee is limited to (at our option):

(i) in the case of services: re-supplying the Services or paying the cost of having the Services re-supplied; or
(ii) in the case of goods: replacing the goods, repairing the goods, paying the cost of replacement or repair.

(c) Subject to your Consumer Law Rights, all other warranties, conditions, guarantees and representations are excluded to the maximum extent permitted by law.

12. Limitation of Liability

12.1 Maximum Liability Cap

(a) To the maximum extent permitted by law, our total aggregate liability to you for all claims arising out of or in connection with these Terms and Conditions, the Services, the My-Will Platform or any Will created using the Services is limited to the total Fees you have paid to us in the 12 months immediately preceding the event giving rise to the claim, up to a maximum of AUD $500.

(b) This limitation applies regardless of the legal basis of the claim (whether in contract, tort, negligence, breach of statutory duty or otherwise).

12.2 Exclusion of Consequential Loss

(a) To the maximum extent permitted by law, we are not liable to you or any third party for any Consequential Loss arising out of or in connection with:

(i) your use of or inability to use the Services or My-Will Platform;
(ii) any Will created using the Services;
(iii) any errors, omissions or inaccuracies in your Will;
(iv) your Will being invalid, unenforceable or challenged;
(v) your estate not being distributed according to your wishes;
(vi) any intestacy (partial or total);
(vii) probate being denied or delayed;
(viii) any disputes over your estate;
(ix) any tax consequences;
(x) loss of inheritance or opportunity to inherit;
(xi) loss of bequest or legacy;
(xii) legal costs incurred by you, your executors or beneficiaries;
(xiii) any data loss or corruption;
(xiv) any service interruptions or unavailability;
(xv) any third-party services or actions; or
(xvi) these Terms and Conditions.

(b) This exclusion applies even if we have been advised of the possibility of such loss.

12.3 No Liability for Third Parties

(a) We are not liable for:

(i) decisions made by executors, beneficiaries, attorneys, courts or government authorities;
(ii) actions or omissions of third parties (including executors, beneficiaries, witnesses, solicitors or government agencies);
(iii) the performance or non-performance of third-party service providers;
(iv) changes in law or interpretation of law;
(v) your failure to properly execute your Will;
(vi) your failure to update your Will when circumstances change;
(vii) errors in information you provide;
(viii) your failure to follow instructions;
(ix) your use of the Services for unsuitable circumstances; or
(x) your failure to seek independent legal advice when recommended.

12.4 Indemnity

(a) You agree to indemnify, defend and hold harmless My-Will, our directors, officers, employees, contractors and agents from and against all claims, damages, losses, liabilities, costs and expenses (including legal fees) arising out of or in connection with:

(i) your breach of these Terms and Conditions;
(ii) your use of the Services or My-Will Platform;
(iii) any Will created by you using the Services;
(iv) any information you provide to us;
(v) your violation of any law or regulation;
(vi) your infringement of any third-party rights;
(vii) any claim by your executors, beneficiaries or any third party related to your Will or estate; or
(viii) any dispute over your estate.

12.5 Subject to Consumer Law Rights

All limitations and exclusions of liability in this clause 12 are subject to your Consumer Law Rights as set out in clause 11.5.

13. Third-Party Links and Content

13.1 Links to Third-Party Websites

(a) The Website and My-Will Platform may contain links to third-party websites, services or resources.

(b) We do not:

(i) endorse or recommend any third-party websites, products or services;
(ii) control the content, privacy practices or terms of third-party websites;
(iii) accept any responsibility for third-party websites; or
(iv) guarantee the accuracy, legality or reliability of third-party content.

(c) Your use of third-party websites is at your own risk and subject to their terms and privacy policies.

13.2 Third-Party Services

(a) The Services rely on third-party service providers including:

(i) Bubble.io (platform hosting)
(ii) Google (document generation)
(iii) Hostinger (website hosting)
(iv) Stripe (payment processing)
(v) PayPal (payment processing)
(vi) Google Analytics (website analytics)

(b) Use of third-party services is subject to their respective terms and privacy policies.

14. Service Availability

14.1 No Guarantee of Availability

(a) We do not guarantee that the Website, My-Will Platform or Services will be available continuously or without interruption.

(b) We may:

(i) suspend, withdraw or modify the Services at any time without notice;
(ii) restrict access to some or all of the Services;
(iii) perform scheduled or emergency maintenance;
(iv) make changes to features or functionality; or
(v) discontinue the Services entirely.

14.2 Reasons for Unavailability

The Services may be unavailable due to:

(a) scheduled or emergency maintenance;
(b) technical failures or errors;
(c) internet or telecommunications failures;
(d) power outages;
(e) third-party service provider failures or outages;
(f) cyber attacks or security incidents;
(g) Force Majeure Events (as defined in clause 19); or
(h) any other reason beyond our reasonable control.

14.3 No Liability for Unavailability

To the maximum extent permitted by law, we are not liable for any loss or damage arising from service unavailability or interruption.

15. Privacy and Confidentiality

15.1 Privacy Policy

(a) Our collection, use, storage and disclosure of your Personal Information is governed by our Privacy Policy.

(b) By using the Services, you consent to our privacy practices as set out in the Privacy Policy.

15.2 Confidentiality

(a) Subject to our Privacy Policy and legal obligations, we will treat your User Data (including your Will) as confidential.

(b) We may disclose your User Data:

(i) as described in our Privacy Policy;
(ii) to your executors after your death (with satisfactory proof);
(iii) as required by law or court order;
(iv) with your consent; or
(v) to our service providers who assist in delivering the Services.

15.3 After Your Death

(a) After your death, your executors may request access to your Will and User Data by providing:

(i) satisfactory proof of your death (death certificate);
(ii) proof of their appointment as executor; and
(iii) valid identification.

(b) We reserve the right to verify the authenticity of any such request before providing access.

16. Termination

16.1 Termination by You

(a) You may terminate these Terms and Conditions at any time by:

(i) cancelling your Subscription (if applicable);
(ii) closing your Account; or
(iii) ceasing to use the Services.

(b) If you close your Account:

(i) you will no longer be able to access the My-Will Platform;
(ii) we will retain your User Data in accordance with our Privacy Policy;
(iii) you may request deletion of your User Data (subject to legal retention requirements);
(iv) you should download copies of your Will before closing your Account; and
(v) you will not receive any refund of Fees paid.

16.2 Termination by Us

(a) We may suspend or terminate your Account and access to the Services immediately without notice if:

(i) you breach these Terms and Conditions;
(ii) you provide false, inaccurate or misleading information;
(iii) you use the Services fraudulently or for illegal purposes;
(iv) we are required to do so by law or government authority;
(v) we suspect unauthorized access to your Account;
(vi) you fail to pay Fees when due;
(vii) we discontinue the Services; or
(viii) we reasonably determine that termination is necessary.

(b) If we terminate your Account:

(i) you will no longer be able to access the My-Will Platform;
(ii) we will provide you with reasonable opportunity to download your Will (unless termination is due to serious breach or legal requirement);
(iii) we may delete your Account and User Data after a reasonable period; and
(iv) you will not receive any refund of Fees paid.

16.3 Effect of Termination

On termination of your Account for any reason:

(a) all licences and rights granted to you under these Terms and Conditions immediately terminate;
(b) you must cease all use of the Services and My-Will Platform;
(c) clauses that by their nature should survive termination will continue to apply (including clauses relating to intellectual property, limitation of liability, indemnity, governing law and dispute resolution); and
(d) termination does not affect any rights, obligations or liabilities that have accrued before termination.

17. Changes to Terms and Conditions

17.1 Right to Modify

(a) We may modify these Terms and Conditions at any time by:

(i) posting updated Terms and Conditions on the Website or My-Will Platform;
(ii) updating the “Last Updated” date at the top of these Terms and Conditions; and
(iii) providing you with notice of material changes (by email or notification on the My-Will Platform).

17.2 Acceptance of Changes

(a) If you continue to use the Services after we post updated Terms and Conditions, you will be deemed to have accepted the updated terms.

(b) If you do not agree to updated Terms and Conditions, you must:

(i) stop using the Services;
(ii) cancel your Subscription (if applicable); and
(iii) close your Account.

17.3 Material Changes to Subscriptions

(a) If we make material changes that negatively affect existing Subscription holders, we will provide at least 30 days’ notice.

(b) If you do not accept the changes, you may cancel your Subscription before the changes take effect and the changes will not apply to you for the remainder of your current billing period.

18. General Provisions

18.1 Entire Agreement

(a) These Terms and Conditions (together with our Privacy Policy) constitute the entire agreement between you and My-Will regarding the Services.

(b) These Terms and Conditions supersede all prior agreements, understandings, representations and negotiations regarding the Services.

18.2 Severability

If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable:

(a) that provision will be severed from these Terms and Conditions to the minimum extent necessary; and
(b) the remaining provisions will continue in full force and effect.

18.3 Waiver

(a) Our failure to enforce any right or provision of these Terms and Conditions does not constitute a waiver of that right or provision.

(b) Any waiver must be in writing and signed by us to be effective.

(c) A waiver of any breach does not constitute a waiver of any other or subsequent breach.

18.4 Assignment

(a) You may not assign, transfer or delegate these Terms and Conditions or your rights and obligations without our prior written consent.

(b) We may assign or transfer these Terms and Conditions to any third party without your consent, including in connection with a merger, acquisition or sale of assets.

(c) Any attempted assignment in violation of this clause is void.

18.5 No Partnership

Nothing in these Terms and Conditions creates a partnership, employment relationship, joint venture, agency or fiduciary relationship between you and My-Will.

18.6 Third-Party Rights

These Terms and Conditions are between you and My-Will only. No third party has any right to enforce or rely on these Terms and Conditions.

18.7 Notices

(a) We may provide notices to you by:

(i) email to the address associated with your Account;
(ii) posting on the My-Will Platform; or
(iii) general notice on the Website.

(b) Notices sent by email are deemed received 24 hours after sending (if sent on a Business Day) or on the next Business Day (if sent on a non-Business Day).

(c) You may provide notices to us by email to support@my-will.au or by mail to the address provided on the Website.

19. Force Majeure

(a) We are not liable for any failure or delay in performing our obligations under these Terms and Conditions if the failure or delay is caused by circumstances beyond our reasonable control, including:

(i) natural disasters (earthquakes, floods, fires, storms);
(ii) pandemics or epidemics;
(iii) war, terrorism or civil unrest;
(iv) government actions, lockdowns or restrictions;
(v) labour disputes or strikes;
(vi) internet or telecommunications failures;
(vii) power outages;
(viii) cyber attacks or security incidents;
(ix) failures of third-party service providers;
(x) changes in law or regulation; or
(xi) any other events beyond our reasonable control (Force Majeure Event).

(b) During a Force Majeure Event:

(i) our obligations are suspended to the extent affected by the Force Majeure Event;
(ii) we will use reasonable efforts to overcome the Force Majeure Event; and
(iii) you are not entitled to any refund or compensation.

(c) If a Force Majeure Event continues for more than 30 days, either party may terminate these Terms and Conditions by written notice.

20. Dispute Resolution

20.1 Informal Resolution

(a) Before commencing legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at support@my-will.au with details of the dispute.

(b) We will make reasonable efforts to resolve the dispute within 30 days of receiving notice of the dispute.

20.2 Mediation

If the dispute cannot be resolved informally within 30 days, the parties agree to attempt mediation before commencing legal proceedings (except for applications for urgent interlocutory relief).

20.3 Legal Proceedings

(a) If the dispute cannot be resolved through informal resolution or mediation, either party may commence legal proceedings.

(b) Despite any dispute, both parties must continue to perform their obligations under these Terms and Conditions (except for payment obligations that are the subject of the dispute).

21. Governing Law and Jurisdiction

21.1 Governing Law

These Terms and Conditions are governed by the laws of New South Wales, Australia.

21.2 Jurisdiction

(a) You irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them.

(b) You waive any objection to proceedings being brought in those courts on the grounds of venue or inconvenient forum.

22. Contact Us

If you have any questions about these Terms and Conditions, please contact us:

Email: support@my-will.au

Response Time: We aim to respond to all inquiries within 5 business days.