Terms of Service
(hereinafter referred to as, “You” or the “End User”)
Final Blueprint Inc.
(hereinafter referred to as “We”, “Us”, or the “Website”)
We are excited that You have decided to use Final Blueprint Inc. We offer a great service that
can be useful and enjoyable. We have prepared the below document so that You understand
the uses and limitations of our services.
FB offers an online profile and storage service for end of life wishes (hereinafter referred to as the “Service"). The Service allows the End User to identify companions (where “Companion” and “Companions” are herein defined at paragraph 9) who will have access to the End User's online profile and storage after the End User dies. The End User’s end of life wishes as identified in the online profile and storage service are collectively hereinafter referred to as the “Blueprint.”
2. ACCEPTANCE OF TERMS
Please read the following terms and conditions (hereinafter referred as the “Terms”) carefully.
By agreeing to these Terms, which is a pre-condition of your subscription to the Service, You are confirming your acceptance of the Terms.
3.1 (a) In order to subscribe to the Service, You must enter your credit card information when prompted on the online subscription form at www.blueprint.com. We offer an annual subscription and We require payment annually. We intend to offer this Service indefinitely, but if, inadvertently, We are not able or not willing to continue to offer the Service, We will not offer You a refund for the remaining months of that year.
3.1 (b) We may terminate your use of the Service upon 30 days’ notice for any reason, and We may terminate your use of the Service without any notice if the termination is as a result of your misuse of the Service where such misuse will be determined in our sole and unfettered discretion. In the event of said early termination, FB will not be obligated to reimburse the End User for the remaining subscription period remaining on the terminated user's account.
3.1 (c) FB provides a Service that can be useful and enjoyable in the management of the End User's personal affairs. Nevertheless, the Service is not intended to be a substitute for obtaining appropriate legal advice from a qualified estates lawyer or other qualified professional, nor should the Service be relied upon by You as the sole mechanism for managing your personal affairs. The Service is intended only to complement your other arrangements for the sake of convenience. Accordingly, You must decide whether the Service is appropriate for You, given its limitations.
3.2 Payment for Service
3.2 (a) When You subscribe to the Service, the first month of subscription is free of charge. Fees for Service, in the amount of the annual subscription plus any applicable taxes (hereinafter referred to as “Fees”), will be processed on the one month anniversary of your account subscription. By subscribing to the Service, the End User agrees to the annual payment of Fees by way of credit card debit. Subscriptions for annual service will be renewed annually and automatically, without notice to the End User, unless the End User provides Us with notice indicating otherwise, in writing, at least seven days before the expiry of the one year subscription term.
3.2 (b) Should the credit card indicated upon subscription have insufficient funds, your account will be suspended without notice to the End User until such time when the End User enters valid credit card information for an account where credit is available. A reactivation fee may apply to any accounts that become suspended.
3.3 (c) FB shares the End User's payment information only with FB’s merchant services provider. FB does not share your payment information with any other third parties.
3.3 Keeping your data current
3.3 (a) Notifications to the End User will be emailed to the email address recorded in the Blueprint. Upon receipt of notice of your death, notifications will be sent to your Companions by email to the last recorded address.
3.3 (b) Keeping contact details of your Companions (as defined in paragraph 9, below) up to date is your responsibility. We will use the most recent data that You provide to Us. Failure to update contact details may result in inability to effectively notify Companions or may result in sending notifications to an out of date party.
3.3 (c) We are not responsible for ensuring that your desired recipients receive proper notice of any notifications that are provided as part of the Service. Furthermore, We are not responsible if your Companions refuse, or neglect to take any steps in response to receiving notification. It is the responsibility of the End User to advise each Companion about the End User's subscription to the Service.
3.4 Limitation of liability
We will not be liable for any (a) suspension or loss of the Service, (b) use of the Service, (c) interruption of the Service or interruption of your business or personal affairs, (d) access delays or access interruptions to our Website or Service, (e) loss or liability resulting from acts or events beyond FB's control, (f) data non-delivery, mis-delivery, corruption, destruction or other modification, or (g) loss or liability resulting from the unauthorized use or misuse of your account
identifier or password or unauthorized access to your account. We will not be liable for any indirect, special, incidental, or consequential damages of any kind (including but not limited to lost profits, legal fees, or estate related liabilities) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if We have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed the
total amount paid by You for the Service.
You, on behalf of yourself and your successors, hereby release, indemnify, and hold Us, as well as our contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties harmless from and against any and all liabilities, claims, damages, costs and expenses, including legal fees and court costs for third party claims, demands, requests, investigations, and proceedings, relating to or arising from your use of the Service.
4. CHANGES/AMENDMENTS TO TERMS AND CONDITIONS
4.1 FB has the right, in its sole discretion, to add, remove, modify or otherwise change any part of these Terms in whole or in part, with thirty (30) days’ notice to You. FB will notify You of such changes by email, using the email address you record in the subscription. Changes are effective when such changes, modifications, additions or deletions are posted to the FB Website.
4.2 It is your sole responsibility to periodically review the Terms as posted on the FB Website.
4.3 Continued usage of FB constitutes acceptance of such changes and of the Terms in their entirety. If You do not accept all of the Terms set out in the latest version of the Terms, it is your responsibility to immediately cease using FB.
5. FUNCTIONALITY CHANGES TO FB
You agree that FB has the right, in its sole discretion, to terminate, change or suspend any
feature/ functionality of the FB Website/mobile Website. FB will use best efforts to provide You with thirty (30) days’ notice of any changes. You agree that FB will not be liable for any damages or reimbursements of fees to You for any change in Service features or functionality.
6. COPYRIGHT AND TRADEMARK RIGHTS
6.1 The FB Website, including all content, is the exclusive property of FB and is protected by Canadian and worldwide copyright and trademark laws. By using the FB Website, You agree to comply with copyright and trademark laws worldwide. You may not modify the content, or reproduce, display, distribute or otherwise use any of the material in any way for public or commercial use unless expressly authorized in writing by FB. You may not copy, imitate or use in any manner any text, graphics, images, button icons, company name or logo contained on the Website unless expressly authorized to do so by FB.
6.2 The FB Service is a software program that You can access through a personal account via a password protected website. Except as permitted by law, You may not use this software for any purpose, other than those set out within these Terms. You may not attempt to decipher, decompile, disassemble or reverse engineer any of the components of this software, in whole or in part.
7. PROTECTION OF FB WEBSITE
7.1 You may not use the FB Website in any manner that could damage, disable, overburden or impair it or its application in any way. You may not upload, post or otherwise transmit any materials on this Website that would negatively impact the functioning of this Website, including but not limited to, computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs. You may not use any process or program to monitor, copy, summarize or otherwise extract information from the FB Service. Violations of system and network security may result in civil or criminal liability.
7.2 Should We deem You, in our sole discretion, to be in breach of paragraph 7.1, We will terminate your use of the Service indefinitely, with no financial liability or recourse to You.
7.3 FB will use best efforts to implement measures to avoid and eliminate all viruses/ harmful mechanisms.
8. REGISTRATION AND PASSWORD
8.1 When You create an account with FB, your email address and other personal information is required upon your registration. The information You input must be your own and You may not use another person's personal information to access the Service. You may not register an email address which You do not own or for which You do not have the express permission of the owner to use.
8.2 When You subscribe with FB, You are required to provide a password. You may not share your password with any third party for any unauthorized or unlawful purpose or use. You agree to immediately notify FB of any unauthorized uses made on your FB account. FB bears no responsibility or liability whatsoever, for any harm or injury that may arise from a third party gaining access to your password, for any reason.
8.3 You may change your password as frequently as You deem necessary. You are solely liable and responsible for any loss, damage, harm or other injury which may arise from the unauthorized use of your username and/or password by a third party. FB does not limit the number of times You may change your password. FB strongly recommends that You change your password periodically. The onus to change your password and to protect the confidentiality of your password rests solely on You.
9. COMPANIONS AND ACCESS TO YOUR INFORMATION
9.1 The Service provides You with a secure, username and password protected online repository to store your end of life wishes and arrangements in the event You die. The Service involves selection of at least three (3) Companions (hereinafter “Companion” or “Companions”). Each Companion will be notified at the time You set up your Blueprint that they have been named as a Companion.
9.2 You designate parties whom You trust to act as your Companions. Should You pass away, these trusted parties will have access to your FB account in order to review and/or act upon your stated wishes. It is your sole responsibility to ensure that the individuals whom You designate as Companions have your implicit trust. FB assumes no responsibility with respect to your choices for trusted individuals to act on your behalf.
9.3 After You pass away, at least two Companion notifications to FB are required in order for your Blueprint to be released.
10. MOBILE WEBSITE
Your FB account may be accessed via the Website, through a desktop, a smartphone or tablet. Should You access your account via a mobile device, You are solely responsible for safeguarding your device and any access to that device. The responsibility to keep your account secure from unwanted individuals rests solely with You. FB assumes no responsibility or liability for any account access through any unauthorized access through a mobile device.
11.1 By subscribing to the Service, the End User acknowledges and consents to FB using the information collected from the End User in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA).
11.2 The content of the Blueprints is intended for the End User's and the Companion's use. FB does not review the content of the end of life wishes expressed by subscribers and the Service serves simply as a repository. As such, FB does not endorse the views or wishes expressed in the Blueprints nor does it take any responsibility for any actions taken as a result of the expressed wishes.
11.3 FB will share your personal information with any law enforcement or government agency should FB be required to do so by law.
12. LIMITATIONS ON USE
You agree and acknowledge that You will use the Service only for its stated purposes and in a lawful manner. You agree that You will not use FB in any manner whatsoever, or for any purpose whatsoever, that is harmful to You or to others, or which could be construed as harassment, intimidation or a violation of the privacy rights of others.
13.1 You specifically acknowledge and agree that your use of the Service is at your own risk and that this site and the Service is provided on an “as is”, “as available” and “with all faults” basis. FB, its officers, directors, employees, and agents disclaim all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
13.2 FB, its officers, directors, employees, and agents make no representations or warranties about (i) the accuracy, completeness, or content of the site and Service, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to the Service, and/or (iii) the Service found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and We assume no liability or responsibility for same. In addition, You specifically acknowledge and agree that no oral or written information or advice provided by FB, its officers, directors, employees, or agents (including without limitation its call center or customer service representatives) will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to this site or the Service, and users should not rely on any such information or advice.
13.3 The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the Service found at this site.
14.1 In the event that any provision of these Terms is deemed to be void or unenforceable in whole or in part, it shall not affect or impair the validity of any other provisions of the Terms.
14.2 It is agreed that the laws of the Province of Ontario will apply to these Terms and You hereby agree to attorn to the courts of the City of Toronto for any disputes arising from or related to these Terms and/or your use of the Service.
14.3 All provisions contained within these Terms shall constitute the entire agreement. No provision shall be removed without the prior written consent from FB.
14.4 Should You not be able to access your account due to accidental or mistaken declaration of death, You will need to contact FB at firstname.lastname@example.org.