Terms of Service

Last Updated: July 13, 2025

Welcome to KindFlare (“KindFlare,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the KindFlare website, mobile applications, and all related tools and services (collectively, the “Service”). Our Privacy Policy is expressly incorporated by reference into these Terms.

By accessing, creating an account, or using the Service in any way, you (“you” or “User”) are entering into a binding legal agreement. You represent that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must immediately cease all use of the Service.

1. The Service and Critical Disclaimers

1.1. Nature of the Service. KindFlare is an online platform that provides informational tools to help users organize personal information and generate non-binding checklists and guidance (“Guidance”) for administrative tasks that may arise following a death. The Service is intended for informational and organizational purposes only.

1.2. NO PROFESSIONAL ADVICE. KINDFLARE IS NOT A LAW FIRM, FINANCIAL INSTITUTION, OR PROFESSIONAL ADVISORY SERVICE. THE SERVICE AND ALL GUIDANCE PROVIDED DO NOT, AND ARE NOT INTENDED TO, CONSTITUTE LEGAL, FINANCIAL, TAX, ESTATE PLANNING, ACCOUNTING, OR ANY OTHER TYPE OF PROFESSIONAL ADVICE. You are solely responsible for consulting with licensed professionals to obtain advice tailored to your specific situation.

1.3. Will Generator: Non-Binding Tool. The will generator feature is provided solely as a tool to help you organize and document your preliminary wishes. IT DOES NOT CREATE A LEGALLY VALID OR BINDING WILL. Using this feature does not establish an attorney-client relationship. To create a legally enforceable will, you must consult with a licensed attorney.

1.4. No Guarantees. KindFlare makes no representations or guarantees regarding the accuracy, completeness, or suitability of any information provided through the Service. You use the Service and its content at your own risk.

2. User Eligibility and Account

2.1. Eligibility. To use the Service, you must be at least 18 years of age and have the legal capacity to enter into a binding contract. By using the Service, you represent and warrant that you meet these requirements.

2.2. Account Security. You are responsible for safeguarding your account credentials. All activities that occur under your account are your sole responsibility. You agree to notify us immediately of any suspected unauthorized use of your account.

3. User Content and Data Privacy

3.1. Ownership of User Content. "User Content" refers to all information, documents, and data you upload or generate through the Service. You retain full ownership of your User Content.

3.2. Prohibited Information. You agree not to upload or store highly sensitive information, including Social Insurance Numbers (SIN), Social Security Numbers (SSN), credit card numbers, or bank account numbers. Storing such information is at your own risk.

4. Acceptable Use and Prohibited Conduct

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

5. Intellectual Property

All rights, title, and interest in and to the Service itself—including its software, text, graphics, and logos—are the exclusive property of KindFlare and its licensors. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use your User Content solely for the purposes of operating and providing the Service.

6. Fees and Payment

6.1. One-Time Fee. Access to the Service requires a one-time payment of $10 CAD, plus any applicable taxes.

6.2. No Refunds. All payments are final and non-refundable to the fullest extent permitted by law.

7. Disclaimers, Limitation of Liability, and Indemnification

7.1. DISCLAIMER OF WARRANTIES. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KINDFLARE OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KINDFLARE EXCEED THE GREATER OF ONE HUNDRED CANADIAN DOLLARS ($100 CAD) OR THE AMOUNT YOU PAID TO US, IF ANY, FOR THE SERVICE.

7.3. Indemnification. You agree to defend, indemnify, and hold harmless KindFlare from any claims, liabilities, and expenses arising from your use of the Service or your violation of these Terms.

8. Termination

We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice, for any reason, including a breach of these Terms.

9. Dispute Resolution

9.1. Governing Law. These Terms shall be governed by the laws of the Province of Ontario and the federal laws of Canada.

9.2. Mandatory Arbitration. You agree to first contact us to attempt to resolve any dispute informally. If unresolved, any claim shall be resolved through final and binding arbitration in Ontario, Canada.

9.3. CLASS ACTION WAIVER. YOU AGREE THAT ANY CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION.

10. General Provisions

10.1. Changes to Terms. We may modify these Terms at any time. We will provide at least 30 days' notice of any material changes. Your continued use of the Service after changes become effective constitutes your acceptance of the new Terms.

10.2. Entire Agreement. These Terms, with the Privacy Policy, constitute the entire agreement between you and KindFlare.

10.3. Severability. If any provision is found to be unenforceable, the remaining provisions will remain in full force and effect.

11. Contact Information

If you have any questions about these Terms, please contact us at kindflare@gmail.com.