1. Account Terms

In order to use the Services, you must:

• Be at least 18 years old and able to enter into contracts;
• Be a human. Accounts registered by automated methods or “bots” are not permitted;
• Have authority to bind a company or other entity to contracts (if you are subscribing on behalf of such company or entity);
• Register an Account by providing complete, accurate and true billing and contact information;
  Be the only person using your login – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your pricing plan allows;
• Pay for the Services;
• Agree to the 1Legacy Terms and Conditions.

A binding agreement between 1Legacy and you comes into force when it has notified you that it has accepted your offer and that it will give you access to the Services or when you accept the terms and conditions, whichever occurs first.

When you subscribe to the Services, you are making an offer to 1Legacy who in its sole discretion may accept or decline the offer. Taking payment from you via credit card, EFT or debit order does not indicate acceptance of the offer and 1Legacy will immediately refund you in case your offer has been declined.

Upon registration of an Account, you:

• Must provide a username (a valid email address) and password, and any other information requested in order to complete the Account registration process;
• Must maintain the confidentiality of the username and password;
• Must report unauthorized use or suspected compromise of the username and/or password to 1Legacy;
• Accept responsibility for all actions carried out with your username and password. 1Legacy and other Users of the Services may assume that any actions carried out were done with your authorisation;
• Are responsible for all submissions made and activity that occur under your Account, even by others who have Accounts under your Account.

2. Term

The Term starts when you subscribe to the Services and continues as long as you use
and pay for the Services.

3. Grant of Rights

You may not use these Services for commercial purposes to compete with 1Legacy.

You may complete the purchasing process, communicate with 1Legacy through the Website and applications and use the Services.

You have the right to review and correct the Personal Information that you have submitted to the Services when creating your Account.

4. Payment and Pricing

If you have opted to pay via credit card, you must give 1Legacy an approved and valid credit card number and payment processing information. You hereby authorize 1Legacy to charge any credit card you provide it.

Credit card purchases for 1Legacy services are processed by the third-party vendors.

All payments must be made in advance on a recurring, periodic basis and you agree to be responsible for paying the fees even if you don’t actively use the Services.

Subsequent credit card payments will automatically be processed at the end of each billing cycle until you cancel your 1Legacy Account.

If any payment regardless of the method, has not been received or cannot be processed, your access to the Services may be suspended. If you do not rectify this suspension within 7 days, your access will be cancelled. Should you still want to use the Services, you will have to sign up for the Services again and at the price stated on the website or Apple app store or Google Store at that time. 1Legacy does not accept liability for any price increases that may have happened in the meantime.

1Legacy may from time to time adjust the pricing for the Services and such changes will take effect when you make a purchase for a new Account, upgrade or downgrade your existing Account. Your sole remedy in such a case, if you do not wish to pay the adjusted fees, is to close your Account in terms of clause 10.

Downgrading the pricing plan (as applicable) for your account may cause the loss of features or capacity of your account. 1Legacy does not accept any liability for such loss.

5. Invoices

Upon subscription and recurring thereafter, your invoices (as applicable) for the subscription fees due for the following month will be emailed by our third-party payment processing vendor to the email address you provided when subscribing to the Services.

6. Refund Policy

In case the Services do not meet your expectations:

• When using the Services during the first 30 days after registering your first Account you find that the Services do not meet with your expectations and/or requirements, you may cancel your subscription and you may receive a partial refund.
• If after the first 30 days you discover the Services do not meet with your expectations and/or requirements, you may cancel in terms of clause 10, but no refunds or partial refunds will be given.
• By the nature of the Services, they cannot be returned and the right to cool off does not apply to the Services.

7. Your Content

If 1Legacy’s Services enable you to create your own Content comprising the designing of custom fields, budgets, targets, reports, documents and integrations with third-party services.

Your data is yours and you can change or delete it at any time.

Please note that 1Legacy is not responsible for the Content you create. If you are a form Respondent (via an association by employment, membership or any other association) and you have any questions about a form you are filling-out, please contact the Maker (person or organization who created the form) directly.

While using the Services and your custom designed Content you may submit information to 1Legacy (including personal information and the personal information of others) or third parties (form Respondents) may submit information to you through the Services (including personal information and the personal information of others).

As a Maker located in the UK, you operate as a “data controller” as defined in the UK GDPR guidelines and agree that you are responsible for gaining consent from and notifying third parties who submit personal information to you through your Content, using our Services, about 1Legacy’s terms and privacy policy (and your own terms and privacy policy, if applicable).

Third-party integrations

The Services support integrations with third-party services. In order for the Services to transmit information to, or request information from such third-party services, you, as a Maker, may be required to input credentials. By enabling use of the Services with any third-party service, you authorize 1Legacy (or its third party service providers) to access your accounts with such third-party service for the purposes described in this agreement and limited by the third-party service’s permissions, as granted by yourself.

You are solely responsible for complying with any relevant terms and conditions of the third-party services and maintaining appropriate accounts in good standing with the providers of the third-party services. You agree that 1Legacy has no responsibility or liability for any third-party service or any customer data transmitted to a third-party service. 1Legacy does not guarantee that the Services will maintain integrations with any third-party service and we may disable integrations of the Services with any third-party service at any time with or without notice.

API

You may access your Content and data via the Application Program Interface (“API”). Any use of the API (including through a third-party service that accesses the Services) is bound by 1Legacy’s terms and conditions, including:

• You expressly understand and agree that 1Legacy shall not be liable for any damages or losses resulting from your use of the API or third-party services that access data via the API.
• Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your Account. 1Legacy, in its sole
  discretion, will determine abuse or excessive usage of the API. 1Legacy will make a reasonable attempt via email prior to suspension.
• 1Legacy may modify, restrict or discontinue, at any time, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

8. Privacy Policy

Refer to the Privacy Policy of 1Legacy found here.

1Legacy may change this Privacy Policy at its sole discretion and without notice to you.

9. Prohibitions

You must NOT do the following:

• copy, reverse engineer, modify or damage the Services or any of its content;
• rent, lease, sublicense, assign, or transfer your rights to use these Services;
• intentionally use a device or software application to overcome the security measures that protect the Services;
• deliver any malicious code such as viruses, worms or Trojan horses to this Website or Services;
• use the Services if under the age of 18;
• share your username and password with Third Parties. You are solely
  responsible for the actions being done with your username and password;
• probe, scan, or test the vulnerability of the Services unless authorized by 1Legacy in writing.
• misrepresent who you are when using the Services.

10. Availability, Suspension and Closing your Account

We are always trying to improve our Services. That means we may expand, add, or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time after a notice period of 30 days, with no such notice being required in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

You may end this Agreement at any time and for any reason by deleting the App or emailing 1Legacy asking for your account to be closed and your profile to be deleted.

Only upon receiving confirmation via email from 1Legacy can you assume that your profile has been deleted and your account closed.

If you have any hard copy documents stored with 1Legacy, you will need to request a return of such items. To retrieve documents from storage you will need to contact 1Legacy at contact@1legacy.co.uk and indicate what document is requested and provide your name, surname and email used to register on 1Legacy. Due to the nature of the documents and to prevent unauthorised access to your documents, 1Legacy will perform security checks to ensure requests are valid and authorised. After a positive security confirmation, 1Legacy will request a delivery address, confirm desired mode of delivery (post or courier) and provide a quotation for delivery.

Upon acceptance and payment of the quote, 1Legacy will instruct Cleardata to send the requested document as requested.

Early withdrawal and/or termination fees may apply.

Any documents not returned to customers post closure of the account will incur storage and other fees and these costs together with any of the aforementioned costs of retrieval and return will be payable for your cost post the termination of your account with 1Legacy before any documents will be returned.

An email with confirmation of closure or a phone request is not considered closing your Account.

1Legacy, in its sole discretion, may end this Agreement at any time and for any reason by giving you written notice.

Your subscription will end on the last day of your current Term.

Within 30 days of the closing of your Account, your Personal Information, Content and information gathered through your Content will be permanently deleted and be unrecoverable.

If 1Legacy suspects fraudulent or other criminal activity on your part while using the Services or in case of breach of these terms or non-payment, or if your conduct in any way negatively affects the rights and interests of 1Legacy, it may in its sole discretion temporarily limit, suspend or terminate your access to the Services. In such circumstances, 1Legacy will send you a suspension notice unless in its sole discretion it deems that such notice will lead to further damage and violation.

1Legacy reserves the right to institute criminal action against you for any illegal use of the Services.

11. Technical Support

Technical support is available via email and in-app messaging if your subscription is fully paid for that Term.

Technical support is available via email for customers – support@1legacy.zendesk.com.

12. Security Incident

If a security incident should occur that may affect the Services, 1Legacy will notify you of the breach and describe what happened.

In the event that Personal Information is suspected of being compromised, 1Legacy will notify you, and the ICO within 72 hours.

13. Complaints and Disputes

A Party may complain to 1Legacy about:

• Receiving incorrect Services;
• The customer service you received from 1Legacy.

1Legacy undertakes to resolve disputes internally as far as practically possible. You may lay your complaint by email to support@1legacy.co.za.

14. Intellectual Property Rights

The structure, organization and content of the Website and Services are protected by law, including without limitation the copyright laws by international treaty provisions.

1Legacy either owns or has been licensed to use the licences, copyrights and trademarks in this Services and its software applications. This Agreement does not grant you any intellectual property rights in the Services and trademarks. 1Legacy reserves all rights not expressly granted.

You may not make a copy of this Website or reverse engineer the Services. Breach of this clause is a criminal offence.

You retain the Intellectual Property rights in the Content you upload to the Services.

In the course of using the Services you may design Content (e.g. budgets, targets, plans, wills etc.) and decide to make it available to 1Legacy for re-use. By making such Content available for re-use, you grant 1Legacy a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works and exploit that Content.

15. Disclaimer and Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use or inability to use the Website and the Services. 1Legacy will not be liable for direct or indirect damage that might arise out of the use of the Website, App and the Services nor the damage to property or for personal injury or death due to the use and/or misuse of its Services.

You use our Services at your own risk and subject to the following disclaimers. We are providing our Services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and  freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our Services will be operational, error free, secure, or safe, or that our Services will function without disruptions, delays, or imperfections. We do not control and are not responsible for, controlling how or when our users use our Services or the features, services, and interfaces our Services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third-parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the “1Legacy Parties”) from any claim, complaint, cause of action, controversy, or damages (together, “Claim”), known and unknown, relating to, arising out of, or in any way connected with any such Claim you have against any third-parties. Your rights with respect to the 1Legacy Parties are not modified by the foregoing disclaimer if the laws in the UK, applicable as a result of your use of our Services, do not permit it.

1Legacy is not legally responsible for content in websites of Third Parties to which this Website, App or Services links.

You must use discretion before taking any action based on the information, ideas and opinions expressed on this Website and/or App and/or Services.

1Legacy has not customized the Website or App or Services to suit your individual requirements and you must ensure that you use appropriate hardware and software to access this Website or App or Services.

1Legacy does not accept liability for any submissions made in email communications by its employees, resellers, referrers and/or agencies that caused damage to you or Third Parties.

1Legacy provides the Website and App and Services “as is” and 1Legacy makes no warranty as to its use, availability or performance.

1Legacy does not guarantee that the Website and App and Services are error-free.

1Legacy will not be legally responsible for any delays or failures in performance of any part of the Services if the cause is beyond its control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

In case a court of law finds 1Legacy liable for direct and/or indirect damage suffered, the damage shall be no more than the fees you paid us for the Services the previous month.

16. Accountability

You are responsible to ensure that everyone who accesses the Services by or through your Account, adhere to these terms and conditions of use and you are liable for their actions while using the Services.

You shall ensure and hereby warrant and represent that you are entitled to transfer personal information to 1Legacy (and/or its appointed third party service providers) so that 1Legacy (and/or its appointed third party service providers) may lawfully process and transfer the personal information in accordance with these terms and conditions. You shall ensure that relevant data subjects have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection laws and have sole responsibility for the accuracy, quality and legality of personal information processed by 1Legacy (and/or its appointed third party service providers) in the provision of the Services.

17. Changes to Website and Services

1Legacy reserves the right to amend any information of its Services on this Website and/or App.

1Legacy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Services with or without notice.

It may change terms and conditions in its sole discretion, by posting the new terms on the Website and/or App and/or notifying you by email using the last email address you gave 1Legacy.

You must acquaint yourself with any such amendments to the terms and conditions and they will take effect as from the next billing cycle.

18. Communication

You accept that 1Legacy may communicate with you through the use of email or in- app messages relating to the use of the Services such as sending notifications of updates to the Website and/or App and/or Services, special promotions or new product launches or nudges or information concerning your use of the Services. You may elect not to receive electronic marketing messages from us. When 1Legacy sends a message to you, it is deemed that you have received it when you are capable of viewing or downloading the message.

When you an email to 1Legacy, it is deemed to have been received when 1Legacy replies to the message.

You agree that all electronic agreements, invoices, notices, disclosures and other communications between 1Legacy and yourself, satisfy any legal requirement that such communications be in writing.

19. Security Safeguards

Employees: access to customer information is limited to authorized employees.

Password & credentials: the password that you create for your Account is not known to 1Legacy or anyone else. Your password is not stored in plain-text; only a securely encrypted password is stored. The same encryption is applied to credentials for third-party integrations.

Permissions: group and role-based permissions are enabled for all logged-in customers by default. It limits access to data vertically as well as horizontally.

System design: 1Legacy have designed (and/or via its third party service providers) its Services in such a way that implement proper information security principles to secure the confidentiality, integrity and availability of Personal Information against loss, damage, destruction and unlawfulness disclosure.

Encryption: the Services are served over https and protected by SSL certificates. All data sent to or from 1Legacy (or via its third party service providers) is encrypted in transit using 256 bit or better encryption.

Data Hosting and Storage: like many SaaS providers, 1Legacy (or via its third party service providers) use a highly ranked, third-party data hosting providers with datacentres located globally to provide the Services. By using the Services you agree that cross-border transfer may take place with your Personal Information to these datacentres. These providers are committed to privacy and data security.

Failover: 1Legacy’s and its third party service providers’ infrastructure and data are spread across different availability zones and will continue to work if any one of those data centers fail.

Backups: In addition to 1Legacy’s and its third party service providers’  Failover, 1Legacy and its third party service providers databases are backed up on a daily basis with daily restore points.

Virtual Private Cloud: 1Legacy’s and its third party service providers’ servers are within virtual private cloud (VPC) with network access control lists that prevent unauthorized requests getting to 1Legacy’s and its third party service providers’ internal network.

20. Disclosures

Full name and legal status of the Owner: 1Legacy Limited

Registration number: 13560551

Website address: www.1legacy.co.uk

Email address: contact@1legacy.co.uk

Physical location: London, United Kingdom

Description of the main characteristics of the services offered by the supplier: 1Legacy’s and its third party service providers’ offers various software solutions for legacy planning purposes and supplies them as a monthly service.

The minimum duration of the agreement: One month and this Term renews monthly until cancelled by you or 1Legacy.

Manner of payment: 1Legacy accepts credit cards. All credit card transactions are done through online payment facilitator entities utilised from time to time.

Time within which services will be rendered: Unless otherwise agreed, the Services will start on subscription to the Services.

Record of the Transaction: A record of your transaction is emailed to you along with your monthly invoices.

If we cannot resolve a dispute using our complaints procedure then the courts of England and Wales will settle it, and English and Welsh law will apply to the interpretation of these terms and any dispute arising out of or on the basis of these terms.

We may change our terms and service, or stop providing our service, to reflect changes in law or regulation, or to make minor adjustments or improvements. If we do, we’ll let you know using the contact information you give us. And if you spot something that does not look right, please get in touch.

If you need to talk to us about anything to do with your document, including changing your details, please contact us.

Email us at contact@1legacy.co.uk
Send a letter to 85 Great Portland Road, London, W1W 7 LT, UK

How we’ll contact you:

We’ll contact you in English using email, phone or post to your home address. If any of these contact details change, please let us know as soon as possible.

All our emails are from individuals or the team they’re in, followed by the domain @1legacy.co.uk. But please be wary of any spam emails claiming to be from us, and if you’re not sure, contact us using the details above.

21. Governing Law

The Laws of England and Wales governs the interpretation and validity of this Agreement and the courts of England and Wales will have exclusive jurisdiction in case of any dispute.

22. General

These terms and conditions form the whole agreement between the Parties and any supersede all prior agreements, other representations and understandings.

If a certain clause in this agreement is found not to be enforceable, that clause will be removed but the rest of the terms and conditions will still be valid.

Even if this agreement is terminated, the following clauses will continue to apply:
Intellectual Property Rights, Disclaimer and Limitation of Liability, Governing Law and General.

23. Interpretation and Definitions clause

“Account” means the Account opened when you registered to use the Services and includes all details submitted by you to the Services such as Personal Information;

“Intellectual Property” refers to any copyrights, moral rights, goodwill, trade marks, source code, software applications, trade secrets or similar intellectual property rights;

“1Legacy” includes the directors, shareholders, employees, service providers and agents of the Owner;

“Maker” refers to the role “Maker” that is assigned to a User’s Account. This role enables the User to design custom Content;

“Party/Parties” refers to either 1Legacy or User;

“Personal Information” refers to the Personal Information that you submit to the Services while using the Website and/or App and/or Services. It may include the following:

• information relating to the race, gender, sex, marital status, national, ethnic or social origin, colour, age, conscience, belief, culture and language of the individual;
• information relating to the education or employment history of the individual or information relating to financial transactions in which the individual has been involved;
• any identifying number, symbol or other particular assigned to the individual;
• the address of the individual;
• the personal opinions, views or preferences of the individual, except where they are about another individual;
• correspondence sent by the individual that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
• the name of the individual where it appears with other Personal Information relating to the individual or where the disclosure of the name itself would reveal information about the individual, but excludes information about an individual who has been dead for more than 20 years.

“Services” refer to the services to which you can subscribe and includes access to the Web-based Application, API, products, services, apps and workflows;

“Term” means a recurring, periodic cycle and starts on the first day when payment is initially made for the Services;

“Third Parties” refer to people or organizations other than you or 1Legacy;

“Third Party service provider” means the service providers used by 1Legacy to render or enable 1Legacy to render the Services.

“User” means the person or entity accessing these Services.

“Website” refers to the official website address: www.1legacy.co.uk