Terms of Service.

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Plan Your Passing, a service operated by Number One Son Software Development, founded by Roger Daniel Grubb (collectively, "Plan Your Passing," "we," "us," or "our") governing your access to and use of the website at planyourpassing.org and all associated subdomains, content, tools, applications, products, and services (collectively, the "Service").

By accessing or using the Service, you represent that you have read, understood, and agree to be bound by these Terms, the Disclaimer, the Privacy Policy, and the Affiliate Disclosure (collectively, the "Legal Documents"). If you do not agree to any portion of the Legal Documents, do not access or use the Service.

You may use the Service only if you are at least 18 years of age, have the legal capacity to enter into a binding contract under the laws of your jurisdiction, and are not prohibited from using the Service under any applicable law, including but not limited to economic sanctions, embargoes, and export controls administered by the US Department of Treasury Office of Foreign Assets Control (OFAC). The Service is not directed to children under 18 and we do not knowingly collect information from any child under 18.

Plan Your Passing is an educational publisher and software platform focused on estate planning, probate, inheritance, and end-of-life topics. The Service provides written content, interactive tools, calculators, scenario walkthroughs, scripts, checklists, glossary definitions, state-specific information, an AI-assisted question-and-answer tool, a community subscription product, downloadable digital products, and similar resources.

Plan Your Passing is not a law firm, not a Certified Public Accountancy firm, not a registered investment advisor, not a fiduciary, not an insurance agent or broker, and not a healthcare provider. Roger Daniel Grubb is a licensed real estate professional in the State of Texas. He is not an attorney. No attorney-client relationship is created by your access to or use of the Service. The same applies to accountant-client, advisor-client, and doctor-patient relationships.

The Service may connect Users with independent third-party attorneys through the /find-attorney lead-matching feature. Plan Your Passing is not a party to any attorney-client relationship formed between a User and a third-party attorney. We do not vet, certify, recommend, or guarantee the work of any third-party attorney.

Certain features of the Service may require you to create an account or provide an email address. You agree to (a) provide accurate, current, and complete information; (b) maintain the security of your credentials; (c) promptly notify us of any unauthorized use; and (d) accept responsibility for all activity that occurs under your account. Accounts are personal and non-transferable. We reserve the right to suspend or terminate any account that violates these Terms.

Subject to your ongoing compliance with these Terms, Plan Your Passing grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal use or for use within your own family in connection with estate planning, probate, and end-of-life planning matters. All rights not expressly granted are reserved.

You agree not to, and not to permit any third party to:

• copy, reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service or any content on it, except as expressly permitted;
• scrape, crawl, harvest, or mass-download content using automated means, except for legitimate search engine indexing;
• reverse engineer, decompile, or attempt to derive source code from any portion of the Service;
• resell, redistribute, or sublicense access to the Service or any AI-generated or template-generated output;
• use the Service to compete with Plan Your Passing or to develop a competing product;
• introduce malware, viruses, worms, or any harmful code;
• attempt to gain unauthorized access to any portion of the Service or any related systems;
• use the Service in a manner that violates any applicable law, including unauthorized practice of law statutes;
• remove, obscure, or alter any copyright, trademark, or other proprietary notice;
• impersonate any person or entity or misrepresent your affiliation with any person or entity.

The Service may allow you to submit content, including but not limited to information entered into tools such as the will builder, advance directive builder, power of attorney builder, estate inventory, letters to loved ones, AI Q&A queries, contact forms, and feedback submissions ("User Content").

You retain all rights to your User Content. You hereby grant Plan Your Passing a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to use, store, process, transmit, host, reproduce, modify, adapt, translate, display, and create derivative works of your User Content to the extent necessary to operate, provide, improve, secure, and develop the Service. This license terminates when you delete the User Content, subject to reasonable retention for backup, security, and legal compliance.

You represent and warrant that (a) you own or have the necessary rights to submit your User Content, (b) your User Content does not infringe any third-party right, and (c) your User Content does not violate any law. We have no obligation to pre-screen, monitor, or moderate User Content, but we reserve the right to remove any User Content that violates these Terms or that we determine, in our sole discretion, to be objectionable.

The Service offers a subscription product called the Family Estate Circle at two price points: $47.00 USD per month or $470.00 USD per year (saving approximately two months versus monthly billing). Current prices are available on the /community page.

Auto-renewal. Your subscription will automatically renew at the end of each billing period (monthly or annual, as selected) and we will charge your payment method on file at the then-current rate. To avoid the next charge, you must cancel before the renewal date.

Cancellation. You may cancel your subscription at any time by (a) clicking the cancel-subscription link in any subscription email, (b) emailing roger@grubb.net with the subject "Cancel my Family Estate Circle subscription," or (c) replying STOP to any SMS we send if SMS is enabled. Cancellation is effective at the end of the current billing period; you retain access until then.

Refunds. We offer a fourteen (14) day no-questions refund from the date of your initial purchase for both monthly and annual subscriptions. After the fourteen-day window, monthly subscriptions are non-refundable for the current billing period and annual subscriptions are eligible for a pro-rated refund based on unused months minus a reasonable processing fee.

Price changes. We may change subscription prices upon at least thirty (30) days advance notice by email. If you do not agree to a price change, you may cancel before the new rate takes effect.

California Auto-Renewal Law. If you are a California resident, your subscription is subject to California Business and Professions Code § 17600 et seq. The cancellation and refund procedures above satisfy our obligations under that law.

The Service offers a one-time digital purchase: the PDF edition of "Plan Your Passing: The Family Guide" for $19.99 USD. Upon completion of payment, we send the PDF as an email attachment and provide a download link.

Refunds for digital downloads. Because digital downloads cannot be returned, refunds are available within fourteen (14) days of purchase only if the PDF has not been downloaded. If the PDF has been downloaded, all sales are final.

By submitting your phone number through any form on the Service, you consent under the Telephone Consumer Protection Act (TCPA) to receive transactional SMS messages from Plan Your Passing related to the form or product you engaged with. SMS messaging is sent through our messaging provider, Telnyx LLC.

• Message frequency varies.
• Reply STOP at any time to unsubscribe from SMS.
• Reply HELP for help.
• Standard message and data rates may apply through your wireless carrier.
• Carriers are not liable for delayed or undelivered messages.

Your phone number will not be shared with third parties for marketing purposes. We will use it solely to communicate with you about Plan Your Passing transactions and your inquiries.

THE SERVICE AND ALL CONTENT, TOOLS, AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLAN YOUR PASSING EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, CURRENCY, SECURITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

No advice or information, whether oral or written, obtained by you from Plan Your Passing or through the Service creates any warranty not expressly stated in these Terms.

The full Disclaimer is incorporated by reference into these Terms.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLAN YOUR PASSING, ROGER DANIEL GRUBB, NUMBER ONE SON SOFTWARE DEVELOPMENT, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR MULTIPLE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR PERSONAL INJURY (EXCEPT WHERE LIABILITY FOR PERSONAL INJURY CANNOT BE LIMITED BY LAW), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND REGARDLESS OF WHETHER PLAN YOUR PASSING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, THE TOTAL AGGREGATE LIABILITY OF PLAN YOUR PASSING TO YOU FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED US DOLLARS ($100) OR (B) THE TOTAL AMOUNT YOU PAID TO PLAN YOUR PASSING IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the above limitations apply only to the extent permitted by applicable law. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (including, for UK consumers, the Consumer Rights Act 2015, and for EU/EEA consumers, mandatory consumer-protection rights).

You agree to defend, indemnify, and hold harmless Plan Your Passing, Roger Daniel Grubb, Number One Son Software Development, and their respective officers, directors, employees, contractors, agents, and affiliates from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your access to or use of the Service, (b) your User Content, (c) your breach of these Terms, (d) your violation of any applicable law, or (e) your violation of any third-party right.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.

Governing law. These Terms and any dispute arising out of or related to them or the Service shall be governed by the laws of the State of Texas, without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Mandatory binding arbitration. Any dispute, claim, or controversy arising out of or related to these Terms, the Service, or your relationship with Plan Your Passing (a "Dispute") shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, except as modified below. The arbitration will be conducted by a single arbitrator. The seat of arbitration shall be your county of residence or, at your option, our principal place of business. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. You and Plan Your Passing each agree that any Dispute will be brought solely in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate or join more than one person's claims and may not preside over any form of representative or class proceeding.

Mass arbitration limitation. If twenty-five (25) or more substantially similar Disputes are filed against Plan Your Passing within a six-month period, the parties agree to use a bellwether process: ten Disputes (five chosen by each side) will be arbitrated first, after which the parties will meet to discuss resolution of the remainder. Filing fees for non-bellwether Disputes are tolled until the bellwether process concludes.

Small claims court. Notwithstanding the arbitration agreement, either party may bring an individual action in small claims court for a Dispute that qualifies, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction.

Injunctive relief carve-out. Either party may seek emergency injunctive relief in a court of competent jurisdiction to protect intellectual property rights or confidential information, without waiving the right to arbitrate any other Dispute.

30-day opt-out. You may opt out of this arbitration agreement by sending written notice to roger@grubb.net with the subject "Arbitration Opt-Out" within thirty (30) days of your first use of the Service. The notice must include your name, the email address associated with your account (if any), and a clear statement that you do not wish to be bound by the arbitration agreement. Opting out of arbitration does not affect any other provision of these Terms.

Venue for non-arbitrable disputes. For any Dispute that is not subject to arbitration (including opt-outs and IP injunctive matters), the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas.

You may stop using the Service at any time and cancel any subscription per Section 7. Plan Your Passing may suspend or terminate your access to all or part of the Service at any time, with or without notice, for any reason, including but not limited to violation of these Terms.

Upon termination, your right to use the Service ends. The following sections survive termination: Sections 5 (License restrictions), 6 (User Content license), 10 (Disclaimer), 11 (Limitation of Liability), 12 (Indemnification), 13 (Governing Law, Arbitration, Class Action Waiver), 14 (Termination), 15 (Modifications), 16 (Notices), 17 (Severability), 18 (Force Majeure), 19 (Entire Agreement), and 20 (Contact).

Plan Your Passing reserves the right to modify these Terms at any time. We will notify you of material changes by email (if we have one on file) and by updating the "Last updated" date at the top of this page at least thirty (30) days before the modified Terms take effect. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to a modification, your remedy is to stop using the Service before the effective date.

We may send you notices, including notices of changes to these Terms, by email to the address you have provided. You may send legal notices to us at:

Roger Daniel Grubb
Founder, Plan Your Passing
Number One Son Software Development
roger@grubb.net

If any provision of these Terms is held to be invalid, unenforceable, or void by a court of competent jurisdiction or an arbitrator, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect. The class action waiver in Section 13 is not severable; if it is held unenforceable, the entire arbitration agreement in Section 13 is void.

Neither party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government action, internet service provider outages, third-party platform outages, or labor disputes.

These Terms, together with the Disclaimer, the Privacy Policy, and the Affiliate Disclosure, constitute the entire agreement between you and Plan Your Passing concerning your use of the Service and supersede all prior or contemporaneous agreements, communications, and proposals on the same subject. No oral or written representation not contained in these Terms shall modify them.

Questions about these Terms should be directed to:

Roger Daniel Grubb
Founder, Plan Your Passing
Number One Son Software Development
roger@grubb.net