Terms of Service

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and Start My Business Inc. ("Company," "we," "us," "our"), a Florida corporation, governing your access to and use of My Trust Software (the "Platform"), accessible at mytrustsoftware.com.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS OF LIABILITY, A BINDING ARBITRATION CLAUSE, AND CRITICAL DISCLAIMERS ABOUT GOVERNMENT BENEFITS.

1. Acceptance of Terms

By accessing, browsing, or using the Platform in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you must immediately cease all use of the Platform.

You represent and warrant that you are at least eighteen (18) years of age, have the legal capacity to enter into binding agreements, and are not barred from using the Platform under the laws of your jurisdiction. If you are using the Platform on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.

2. Definitions

• "Platform" means the My Trust Software web application, all associated tools, wizards, document generators, training modules, reference materials, the Concierge Attorney Matching service, and any related services.
• "User" means any individual or entity that accesses or uses the Platform.
• "Content" means text, data, images, documents, forms, templates, videos, and other materials available on the Platform.
• "User Content" means any data, information, or documents that you input, upload, or create using the Platform, including trust data, personal information, and generated documents.
• "Subscription" means a paid plan that grants access to premium features of the Platform.
• "Trust Document" means any legal document generated by the Platform based on User Content.
• "Free Account" means an unpaid account with limited access to Platform features, including the first two training modules and self-service trust document templates.
• "Concierge Attorney Matching" means the paid service through which the Platform's team locates, contacts, and connects Users with licensed attorneys in their jurisdiction for professional legal services.
• "Concierge Matching Fee" means the fee charged by the Platform for performing the attorney search, outreach, and coordination associated with the Concierge Attorney Matching service.
• "Matched Attorney" means an independent, licensed attorney located through the Concierge Attorney Matching service and presented to the User for potential engagement.

3. Account Registration and Security

To access certain features of the Platform, you must create an account through our authentication provider (Clerk). You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Immediately notify us of any unauthorized use of your account

We reserve the right to suspend or terminate your account if any information provided is inaccurate, outdated, or incomplete, or if we reasonably believe that your account has been compromised.

4. Description of Services

4.1 What My Trust Software Is

My Trust Software is a trust document management platform with a concierge attorney matching service. The Platform provides two categories of service:

(a) Self-Service Document Tools (Free and Paid Tiers): Users may create accounts at no charge and use the Platform's tools to generate educational trust document templates, store documents, access training modules, and manage trust-related records. Paid subscription tiers unlock additional features including the full trust creation wizard, PDF document generation, compliance calendar, and advanced training content.

(b) Concierge Attorney Matching (Paid Service): When a User is ready to have their trust documents professionally reviewed, customized, and legally executed, the Platform's team locates and contacts licensed attorneys in the User's jurisdiction on the User's behalf. We present the User's needs to qualified attorneys, confirm availability and pricing, and connect the User directly with an attorney who accepts the engagement. See Section 5 for full details.

4.2 What My Trust Software Is NOT

• My Trust Software is NOT a law firm and does NOT provide legal advice.
• My Trust Software does NOT practice law in any jurisdiction.
• No attorney-client relationship is formed between you and My Trust Software or Start My Business Inc. by your use of the Platform.
• The Concierge Attorney Matching service connects you with independent attorneys. The Platform does not direct, supervise, or control any attorney's legal advice, work product, or professional judgment.
• Free Tier document templates are educational tools. They are NOT valid legal instruments until reviewed and executed under the supervision of a licensed attorney.

5. Concierge Attorney Matching Service

5.1 How It Works

When you elect to use the Concierge Attorney Matching service, the following process occurs:

1. Intake: You complete a detailed intake form providing your state of residence, benefits status (SSI, SSDI, Medicaid, or none), type of trust or legal structure needed, and any relevant circumstances.
2. Attorney Search: Our team identifies licensed attorneys in your jurisdiction who practice elder law, estate planning, or special needs trust law. We source attorney candidates from publicly available bar association directories, professional legal organizations (such as the National Academy of Elder Law Attorneys and the Special Needs Alliance), and our network of previously engaged attorneys.
3. Outreach: We contact attorneys on your behalf by phone, presenting your situation as a pre-qualified client inquiry. We provide the attorney with a general description of your needs without disclosing personally identifying information until the attorney confirms interest.
4. Match Presentation: When an attorney confirms interest and availability, we share the attorney's name, credentials, fee schedule, and contact information with you. You review the attorney's qualifications and decide whether to engage them.
5. Direct Engagement: If you choose to proceed, the attorney-client relationship forms directly between you and the attorney. The Platform facilitates the initial introduction but is not a party to the attorney-client relationship.
6. Attorney Payment: You pay the attorney directly for their legal services at the rate the attorney quoted. My Trust Software does not collect, hold, or process payments for attorney legal fees.

5.2 Attorney Independence

Attorneys contacted through the Concierge Attorney Matching service are independent legal professionals. They are free to:

• Accept or decline any client engagement at their sole discretion
• Set their own fees without Platform interference
• Recommend any trust type, legal structure, or strategy they determine is appropriate -- including recommending that no trust is needed
• Advise the client against any particular course of action if they believe it is inappropriate

5.3 Disputes with Matched Attorneys

Disputes between you and a Matched Attorney are between you and that attorney. The Platform is not a party to attorney-client disputes. You may file complaints about attorney conduct with the attorney's state bar association.

6. Concierge Matching Fee and Attorney Fee Separation

6.1 What You Pay My Trust Software

When you elect to use the Concierge Attorney Matching service, My Trust Software charges a Concierge Matching Fee. This fee covers:

• The research and outreach to identify qualified attorneys in your jurisdiction
• Phone outreach to attorneys on your behalf to confirm availability and interest
• Presentation of attorney options for your review and selection
• Ongoing document management through your My Trust Software account (storage, printing, amendments tracking)
• Coordination between you and the Matched Attorney during the initial engagement setup

6.2 What You Pay the Attorney Separately

The attorney's professional fees for legal services (trust drafting, LLC formation, SSA notification preparation, consultation, etc.) are quoted by the attorney and paid by you directly to the attorney. My Trust Software does not set, control, or collect attorney fees. The attorney's fee is separate from and in addition to the Concierge Matching Fee.

6.3 Fee Transparency

Before you commit to the Concierge Matching service, you will be shown:

• The exact Concierge Matching Fee charged by My Trust Software
• An estimated range of attorney fees for the type of service you need (based on typical rates in your jurisdiction)
• A clear explanation that the attorney fee is separate and will be confirmed by the attorney before you engage them

6.4 No Attorney Fee Sharing

My Trust Software does not share in, split, or receive any portion of the attorney's professional fees. The Concierge Matching Fee is compensation for the Platform's matching service, document management, and technology -- not a referral fee or commission on legal services. This structure is designed to comply with ABA Model Rule 5.4(a) and state equivalents that prohibit fee-sharing between attorneys and non-attorneys.

6.5 No Per-Referral Payments

My Trust Software does not charge attorneys a per-referral fee, lead fee, or any payment contingent on whether an attorney accepts a client from the Platform. If an attorney we contact declines the engagement, no payment is exchanged. This structure is designed to comply with ABA Model Rule 7.2(b) and state equivalents governing attorney referral services.

6.6 Concierge Matching Refund Policy

If My Trust Software is unable to locate a qualified attorney in your jurisdiction who is willing to accept your engagement within thirty (30) days of your payment, you will receive a full refund of the Concierge Matching Fee. If an attorney is presented and you decline to engage them, no refund is provided for the matching service (as the research and outreach work has been performed).

7. Government Benefits Disclaimer

7.1 Trust Type Matters

Under Social Security Administration Program Operations Manual (POMS SI 01120.201), a revocable trust provides NO protection for SSI recipients -- the entire trust corpus counts as a resource against the $2,000 SSI individual resource limit. Only an irrevocable Special Needs Trust properly drafted under 42 U.S.C. 1396p(d)(4)(A) with a Medicaid payback provision may qualify for exemption from resource counting under POMS SI 01120.203.

A licensed attorney must determine the appropriate trust type for your situation. The Platform's self-service tools do NOT make this determination for you.

7.2 Free Tier Documents and Benefits

Free Tier templates and self-service trust documents are NOT designed for government benefits protection. If you receive any means-tested benefit, you MUST work with a licensed attorney -- either through our Concierge Attorney Matching service or through your own independent legal counsel -- before creating or funding any trust. Filing a self-service template with the Social Security Administration or any government agency without attorney review may result in loss of benefits, overpayment liability, or penalties.

7.3 No Guarantees Regarding Benefits

Neither the Platform nor any Matched Attorney guarantees that any trust structure will protect your government benefits. The Social Security Administration and state Medicaid agencies make independent eligibility determinations based on your individual circumstances. Benefit eligibility rules change over time and vary by state.

8. Subscriptions and Payments

8.1 Pricing Tiers

The Platform offers the following subscription tiers:

• Free Account: Limited access to the Platform. Includes the first two (2) training modules, the ability to view the trust creation wizard steps, and self-service trust document templates (marked as informational only). Trust document generation for execution is not available on Free Accounts.
• Basic Foundation ($2,925 one-time): All 8 trust types available, transfer of 1 LLC and 1 property, 1-hour consultation, basic compliance checks, and PDF document generation.
• Advanced Growth ($4,875 one-time): All Basic Foundation services plus CPA tax coordination, layered LLCs for privacy, custom spendthrift clauses, unlimited trusts, 2-3 hours consultation, compliance calendar, and priority support.
• Elite Enterprise ($9,750 one-time): All Advanced Growth services plus multi-jurisdictional compliance, international asset coordination, annual trust maintenance, encrypted communication, client management portal, and business-to-trust conversion.

The Concierge Attorney Matching service is available as an add-on to any paid tier or as a standalone service. The Concierge Matching Fee is separate from the subscription tier pricing listed above.

8.2 Payment Processing

All payments are processed through Gumroad, our third-party payment processor. By making a payment, you agree to Gumroad's terms of service. We do not store your payment card information directly. All transactions are in United States Dollars (USD).

8.3 Payment Terms

All packages are one-time purchases. The Basic Foundation and Advanced Growth packages offer a half-down payment option with the remaining balance due before document delivery. You may contact our team to arrange payment terms through your Gumroad account dashboard.

9. Refund Policy

9.1 Subscription Tier Refunds

Our refund policy for subscription tiers is based on the principle of value received. We define "value received" as the point at which a User begins actively using the Platform to create legal documents based on their personal information.

• Full refund: If you request a refund within fourteen (14) days of purchase AND you have not yet initiated the trust creation process (defined as completing Step 2 "Grantor Information" of the trust creation wizard), you are eligible for a full refund.
• Partial refund: If you request a refund within fourteen (14) days of purchase AND you have initiated the trust creation process but have not yet generated a Trust Document (defined as clicking "Generate Documents" on Step 7), you may be eligible for a partial refund at our sole discretion, less a reasonable processing fee.
• No refund: No refund will be issued if: (a) you have generated any Trust Document using the Platform; (b) more than fourteen (14) days have elapsed since your purchase; or (c) you have downloaded any generated documents. At the point of document generation, you have received the full value of the service.

9.2 Concierge Attorney Matching Refunds

If My Trust Software is unable to locate a qualified attorney in your jurisdiction who is willing to accept your engagement within thirty (30) days of your Concierge Matching Fee payment, you will receive a full refund of the Concierge Matching Fee. If an attorney is presented to you and you decline to engage them, no refund is provided for the matching service, as the research and outreach work has been performed. Attorney fees paid directly to the attorney are subject to the attorney's own refund and engagement terms, not ours.

9.3 Determining Value Received

The Platform automatically tracks your progress through the trust creation wizard. By using the Platform, you consent to this tracking for the purpose of determining refund eligibility. Specifically, we record: (a) when you initiate the trust creation wizard; (b) which steps you complete; (c) when documents are generated; and (d) when documents are downloaded.

9.4 How to Request a Refund

To request a refund, email [email protected] with your account email, purchase date, and reason for the refund request. Refund requests are processed within five (5) business days.

10. Acceptable Use

You agree not to use the Platform to:

• Create fraudulent, misleading, or illegal trust documents
• Impersonate any person or entity in trust document creation
• Conceal assets from government agencies, evade taxes, defraud creditors, or avoid legal reporting requirements
• File self-service templates with the Social Security Administration, courts, or financial institutions as executed legal instruments without attorney review
• Circumvent, disable, or interfere with security features of the Platform
• Use automated tools, bots, or scripts to access the Platform
• Reverse engineer, decompile, or disassemble any part of the Platform
• Sublicense, resell, or redistribute access to the Platform (except Attorney tier clients)
• Upload malicious code, viruses, or harmful content
• Violate any applicable local, state, national, or international law
• Use the Platform for any purpose other than personal or authorized business trust creation

11. Intellectual Property

The Platform, including all software, code, design, text, graphics, logos, icons, images, audio, video, training content, reference materials, and documentation, is the exclusive property of Start My Business Inc. and is protected by United States copyright, trademark, and other intellectual property laws.

Trust document templates provided by the Platform are licensed for personal use only. You may not redistribute, sell, or sublicense our templates or document formats (except as permitted under the Attorney tier for client use).

"My Trust Software," the My Trust Software logo, and all related marks are trademarks of Start My Business Inc. You may not use these marks without our prior written consent.

12. User Content and Data

You retain ownership of all User Content you provide to the Platform. By using the Platform, you grant us a limited, non-exclusive license to store, process, and use your User Content solely for the purpose of providing the Platform's services to you.

You are solely responsible for the accuracy, legality, and completeness of your User Content. We do not review, verify, or validate the legal sufficiency of the information you provide or the documents generated from that information.

Trust Documents generated by the Platform are provided to you for your personal use. Upon generation, you own the specific document as it pertains to your personal trust arrangements, subject to our intellectual property rights in the underlying templates and formatting.

When contacting attorneys on your behalf through the Concierge Attorney Matching service, we share only general case details (state, trust type needed, general situation). We do not share your name, contact information, or personally identifying details until an attorney confirms interest and you approve the introduction.

13. Disclaimers and No Legal Advice

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

NO LEGAL ADVICE: Start My Business Inc. is not a law firm. No attorney-client relationship is created by your use of the Platform. The Platform provides legal document preparation software, educational content, and a concierge attorney matching service only. Nothing on the Platform constitutes legal advice, tax advice, financial advice, or professional counsel of any kind. The Concierge Attorney Matching service is an introduction service -- it connects you with attorneys but does not itself provide legal services.

NO GUARANTEE OF LEGAL VALIDITY: We do not guarantee that documents generated by the Platform will be legally valid, enforceable, or sufficient in your jurisdiction. Trust laws vary significantly between states and are subject to change. Users are solely responsible for ensuring their documents comply with applicable laws.

NO GUARANTEE OF TAX BENEFITS: Any references to potential tax benefits, probate avoidance, asset protection, or other advantages of trusts are provided for educational purposes only. Actual tax and legal outcomes depend on individual circumstances, applicable laws, and proper document execution and funding.

NO GUARANTEE OF ATTORNEY QUALITY: We do not warrant that any Matched Attorney will provide competent, timely, or satisfactory services. We present attorney options based on publicly available information and self-reported credentials. You are responsible for evaluating and selecting any attorney based on your own judgment.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL START MY BUSINESS INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Legal costs, attorney fees, or court costs arising from use of documents generated by the Platform
• Tax liabilities, penalties, or interest resulting from reliance on Platform content
• Failure of trust documents to achieve their intended legal purpose
• Loss of assets or estate value due to improperly created or funded trusts
• Loss of government benefits (SSI, SSDI, Medicaid, or other benefits) resulting from use of self-service templates without attorney review
• Acts or omissions of attorneys connected through the Concierge Attorney Matching service
• Any damages arising from unauthorized access to your account
• Personal injury, property damage, or any other damages of any kind

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IF YOU HAVE NOT MADE ANY PAYMENTS, OUR MAXIMUM LIABILITY SHALL BE FIFTY DOLLARS ($50.00 USD).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Start My Business Inc., its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any third-party rights
• Any Trust Documents created using the Platform
• Use of Free Tier or self-service documents as legal instruments without attorney review
• Failure to disclose a trust to SSA or other government agencies as required by law
• Misrepresentation of your identity, benefits status, or circumstances during the Concierge Attorney Matching intake process
• Any dispute between you and a third party related to trust documents or estate planning
• Your negligence or willful misconduct in connection with the Platform

16. Termination

We may suspend or terminate your access to the Platform at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to:

• Violation of these Terms or our Acceptable Use policy
• Fraudulent, abusive, or illegal activity
• Non-payment of subscription fees
• Extended period of inactivity (twelve months or more)
• Upon your request to close your account

Upon termination, your right to use the Platform ceases immediately. You may request your documents within thirty (30) days of termination. Documents are permanently deleted ninety (90) days after termination unless a copy is requested. We will retain your data in accordance with our Privacy Policy and applicable legal retention requirements. Sections 11, 13, 14, 15, 17, and 18 survive termination of these Terms.

17. Dispute Resolution

17.1 Informal Resolution

Before initiating formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute within thirty (30) days.

17.2 Binding Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration shall take place in the State of Florida. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

17.3 Class Action Waiver

YOU AND START MY BUSINESS INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

17.4 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

18. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law principles. These Terms are designed to comply with applicable consumer protection laws in all fifty (50) United States, the District of Columbia, and all U.S. territories.

For any disputes not subject to arbitration, the exclusive jurisdiction and venue shall be the state and federal courts located in the State of Florida. You consent to personal jurisdiction in these courts.

19. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms resulting from causes beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, pandemics, government actions, internet or infrastructure failures, or third-party service outages.

20. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

21. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms to which you agree when using specific Platform features, constitute the entire agreement between you and Start My Business Inc. regarding the Platform. These Terms supersede all prior agreements, representations, and understandings, whether oral or written.

22. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. For material changes that affect your rights or obligations, we will also send an email notification to the address associated with your account. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the modified Terms.

23. Contact Information

For questions about these Terms of Service, contact: