Terms of Service

Version 2026-04-27-v2 · Effective April 27, 2026

These Terms of Service ("Terms") form a binding agreement between Probate Helper, LLC ("Company", "we", "us", "our"), and the law firm, attorney, business, or other entity ("Subscriber", "Customer", "you") that creates an account or uses the Probate Helper, Estate Planning Helper, PreListingPro, or any related service offered by Company (collectively, the "Services"). By creating an account, clicking "I agree", or using the Services, you accept these Terms. If you are accepting these Terms on behalf of an entity, you represent that you have authority to bind that entity.

1. Eligibility and Authorized Users

The Services are intended for licensed attorneys, law firms, real estate professionals, and other businesses authorized to perform outreach to the recipients identified by the Services in their respective jurisdictions. By using the Services you represent that (a) you are at least 18 years old; (b) you are authorized to do business in each U.S. state where you will use leads, postcards, letters, emails, SMS, or other materials produced through the Services; and (c) your use will comply with all licensing, professional-conduct, and advertising rules applicable to your profession. You are responsible for the actions of every user under your account.

2. Subscriptions, Fees, and Renewal

The Services are offered on a recurring subscription basis. Your plan, included quantities (e.g., monthly lead allocation, postcard credits), per-unit overage rates, and any add-ons are shown at signup and in your account portal. Unless stated otherwise, subscriptions renew automatically each billing period at the then-current rate. Promotional pricing (such as multi-month onboarding discounts) automatically reverts to the standard rate when the promotional period ends.

All fees are charged in U.S. dollars through our payment processor (Stripe). You authorize us to charge your payment method for all applicable fees, taxes, and overages. Fees are non-refundable except as expressly stated or as required by law. We may change pricing on at least thirty (30) days' written notice; the new pricing applies at the next renewal.

3. Lead Data: Sources, License, and Permitted Use

Leads delivered through the Services are compiled from public records (including obituaries, probate court filings, vital-records portals, county property tax and recorder data, voter registration files where permitted, and similar sources) and from licensed third-party data providers. We grant Subscriber a limited, non-exclusive, non-transferable, revocable license to use lead data solelyfor direct outreach by Subscriber to the prospects identified, in connection with Subscriber's own legal or professional services.

You may not: (a) resell, sublicense, syndicate, or otherwise redistribute any lead data, in whole or in part; (b) use lead data to train any general-purpose machine-learning model, generative AI system, or commercial dataset; (c) use lead data to populate any people-search, skip-trace, or background-check product; (d) use lead data for any purpose prohibited by the Driver's Privacy Protection Act (DPPA), the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA), the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state voter-file use restrictions, or any other applicable law; or (e) use lead data after the termination of your subscription for any purpose other than completing in-flight client representations.

4. State Attorney Advertising and Solicitation Rules

Each U.S. state regulates direct-mail and electronic solicitation by attorneys differently. Several states impose mandatory waiting periods after death or filing before solicitation may be sent, mandatory envelope or message labels (such as "Advertising Material" or equivalent), filing requirements with state bar advertising committees, and prohibitions on certain content. Examples (non-exhaustive, non-binding, and subject to change): Florida Rule 4-7.18 imposes a thirty-day waiting period for written solicitations relating to a specific incident; New York Rule 7.3 governs targeted written solicitations and requires the "Attorney Advertising" label; Texas Disciplinary Rule 7.03 requires filing of certain solicitations with the State Bar; Missouri, Tennessee, Georgia, and many other states have analogous rules.

You are solely responsible for determining which rules apply to each piece of outreach you send, and for ensuring full compliance, including (without limitation) waiting periods, mandatory labels, recordkeeping, opt-out handling, conflicts checks, unauthorized practice of law (UPL) restrictions in states where you are not licensed, and any required filings. The Services provide tools and templates, including a default "Advertising Material" label option on postcards; the configuration, content, recipients, and timing of every communication is your decision and your responsibility. We make no representation that any default template or setting satisfies the rules of any particular jurisdiction.

5. Telephone, SMS, Email, and Mail Compliance

You are responsible for compliance with all communications laws applicable to outreach you initiate through or as a result of the Services, including the TCPA (including state mini-TCPA statutes such as Florida's FTSA, Oklahoma's TCPA, and Washington's CEMA), the CAN-SPAM Act, the federal Do-Not-Call registry, state do-not-call lists, the Fair Debt Collection Practices Act where applicable, and the U.S. Postal Service's rules for non-profit/standard mail. You will maintain your own opt-out and suppression lists and will honor opt-out requests promptly across all channels.

6. Subscriber Content, Tenant Data, and Confidentiality

Information you upload, generate, or import into the Services (including firm branding, postcard designs, mail templates, intake responses from your clients, case data, attorney notes, and any personally identifiable information about your clients or prospects) is "Subscriber Content." You retain all rights in Subscriber Content and grant us a limited license to host, process, transmit, and display Subscriber Content as needed to provide the Services. We will not use Subscriber Content to train general-purpose AI models or sell it to third parties.

We are a service provider/processor with respect to Subscriber Content. You are the controller (and, where applicable, the attorney of record) and are responsible for the lawful basis on which Subscriber Content is collected, including any required client authorizations, engagement letters, and privilege protections. You will not upload data subject to HIPAA, PCI-DSS cardholder data outside our payment processor, classified information, or data prohibited from cross-border transfer without first obtaining our written agreement.

7. Service Availability and Modifications

We target high availability for the Services but do not guarantee uninterrupted operation. We may, from time to time, perform maintenance, modify features, add or retire functionality, or impose reasonable usage limits. We will provide reasonable notice for material changes that adversely affect a paid feature you actively use. Beta or preview features are provided "as is" and may be changed or withdrawn without notice.

8. Acceptable Use

You will not (a) use the Services to harass, defraud, or impersonate any person; (b) attempt to access another tenant's data or to circumvent our security controls; (c) reverse engineer, decompile, or scrape the Services or any data not licensed to you; (d) introduce malware or interfere with the Services' infrastructure; (e) use the Services to send unsolicited bulk commercial communications outside the lead-outreach use case; or (f) use the Services in violation of any applicable law or third-party right.

9. Intellectual Property

The Services, including the software, models, databases (excluding Subscriber Content and excluding third-party-licensed source data owned by its licensor), templates, designs, branding, and documentation, are owned by Company and are protected by U.S. and international intellectual-property law. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during your subscription. You may use generated postcards and outputs as part of your normal business operations and may sublicense the postcard image to your printer/mail house solely for fulfillment.

10. Disclaimers

THE SERVICES, INCLUDING ALL LEAD DATA, ASSESSMENTS, AI-GENERATED OUTPUT, AND TEMPLATES, ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND TITLE. The Services do not constitute legal advice. Lead data is derived from public records that may contain errors, omissions, or stale information; we do not warrant that any deceased person, address, asset, heir, or court filing identified by the Services is accurate, current, complete, or eligible for any particular outreach. You are responsible for verifying lead data before any communication is sent.

11. Indemnification

You will defend, indemnify, and hold harmless Company and its officers, directors, employees, contractors, and agents from and against any third-party claim, demand, investigation, fine, or proceeding (including reasonable attorneys' fees) arising out of (a) your or your users' use of the Services or lead data; (b) your communications with prospects or clients; (c) your violation of any state or federal advertising, solicitation, consumer-protection, communications, or privacy law; (d) your Subscriber Content; or (e) your breach of these Terms. We will promptly notify you of any covered claim and provide reasonable cooperation; you will not settle any claim without our written consent if the settlement imposes any obligation on us.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR LOST GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE FEES YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY. The limitations in this Section apply to all claims, whether in contract, tort (including negligence), strict liability, or otherwise. Some states do not allow the exclusion or limitation of certain damages, so portions of this Section may not apply to you; in those states, our liability is limited to the smallest amount permitted by applicable law.

13. Cancellation, Suspension, and Termination

You may cancel any subscription at any time from your account portal. Cancellation takes effect at the end of the then-current billing period; we do not provide pro-rated refunds for partial periods unless required by law. We may suspend or terminate your access immediately if (a) you fail to pay; (b) we reasonably believe your use of the Services violates these Terms or applicable law; (c) we are required to do so by law, court order, or regulator; or (d) continued service poses a security or reputational risk to us or other customers. Sections that by their nature should survive (including IP, indemnification, disclaimers, limitation of liability, and dispute resolution) survive termination.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, except that nothing in this Section is intended to deprive you of the protection of any non-waivable consumer-protection law of your state of residence. Subject to the arbitration provision below, the state and federal courts located in New Castle County, Delaware will have exclusive jurisdiction over any disputes not subject to arbitration, and each party consents to that jurisdiction.

Binding Arbitration; Class-Action Waiver. Any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in Wilmington, Delaware (or another mutually agreed location, including by videoconference). The arbitrator (not any court) will decide all issues, except that either party may bring an individual action in small-claims court for any claim within that court's jurisdiction. Each party waives the right to participate in a class, collective, or representative action. If this class-action waiver is held unenforceable, the remainder of this arbitration provision will be unenforceable and the dispute will proceed in court. Nothing in this Section prevents either party from seeking injunctive relief in court for infringement of intellectual property or breach of confidentiality.

15. Modifications to These Terms

We may update these Terms from time to time. We will post the new version with an updated version number and effective date. Material changes will be announced by email and via your account portal and will require re-acceptance before continued use of the Services. Continued use after the effective date of non-material changes constitutes acceptance.

16. General

These Terms, together with the Privacy Policy and any order form, plan-specific terms, or data-processing addendum executed between the parties, constitute the entire agreement on this subject. If any provision is held unenforceable, the remaining provisions remain in effect. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets; you may not assign without our written consent. No waiver is effective unless in writing. Notices to you may be sent to the email associated with your account; notices to us must be sent to legal@probatehelper.ai with a copy to Probate Helper, LLC, Attn: Legal, at the mailing address listed on our website.

Questions? Contact support@probatehelper.ai or legal@probatehelper.ai. These Terms are not legal advice; consult your own counsel for guidance on how the rules of your jurisdiction apply to your use of the Services.