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Last Updated: April 7, 2026
Will Agent, Inc. provides document preparation software. We are NOT a law firm and do NOT provide legal advice. The information and documents we provide are for informational purposes and self-help only. For legal advice specific to your situation, consult a licensed attorney in your state.
Find Attorney in Your State →By accessing or using WillAgent ("Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use our Service.
We reserve the right to modify these terms at any time. We will notify you via email at least 30 days before material changes take effect. Continued use of the Service after changes constitutes acceptance of the modified terms.
Electronic Transactions and Remote Online Notarization Consent:
By using WillAgent, you consent to conduct service-related transactions (such as account creation, payment, and communications) electronically under the federal E-SIGN Act and applicable state Uniform Electronic Transactions Acts (UETA). The execution of your estate planning documents, including signing, witnessing, and notarization, is conducted via Remote Online Notarization (RON) as authorized by applicable state law (e.g., Florida Statutes §117.265). RON sessions are facilitated by our third-party partner, OneNotary (Adorum, Inc.), and are governed by your state's RON statutes, not by E-SIGN or UETA.
What We Provide:
What We Do NOT Provide:
AI and Technology:
Your legal documents are generated from attorney-reviewed templates populated with your input. We do not use artificial intelligence or large language models (AI/LLMs) to draft, modify, or review your legal documents. We may use AI tools for marketing content creation (such as images, videos, or social media posts), which will be labeled accordingly. We do not use your personal information or estate planning data to train AI models.
You are responsible for ensuring your documents meet your specific needs and comply with applicable laws. We strongly recommend having an attorney review your documents.
State-Specific Documents and Relocation:
Your estate planning documents are generated based on the laws of the specific state you select at the time of creation. WillAgent makes no guarantees regarding the validity, enforceability, or compliance of your documents if you permanently relocate to a different state after your documents are executed.
By using our Service, you agree to:
Payment Terms:
What's Included (One-Time Purchase):
Your one-time purchase grants you Continuous Access to your finalized estate planning documents. "Continuous Access" means you can log in, view, download, and print your documents for as long as WillAgent continues to commercially operate the Service. Your one-time purchase does not expire and there is no recurring fee for accessing your core documents. Specific features vary by plan. References to "included vault," "no annual fee," or similar phrases in our marketing materials describe the Continuous Access rights defined in this section.
Optional Premium Services:
WillAgent may offer optional premium features (such as Premium Vault, active monitoring, or enhanced executor tools) on a recurring subscription basis. Canceling a premium subscription will deactivate those specific premium features at the end of your billing cycle, but will never revoke your Continuous Access to the core documents from your original one-time purchase.
Business Continuity:
In the unlikely event that WillAgent ceases business operations or discontinues the Service, we will provide at least ninety (90) days advance written notice to the email address associated with your account, during which time you may download all your documents and data. Please download and securely store physical copies of all executed documents during that window.
Our refund policy covers the specific situations that arise with Florida Electronic Wills and Remote Online Notarization. The four scenarios below describe the outcomes you can expect.
Scenario A - Notary rejects the RON session (FL §117.295)
Florida-commissioned online notaries are required by §117.295 to decline a session if, in their judgment, the signer does not appear to have capacity, is being coerced, or the identity proofing fails. If your RON session is declined for a statutory reason, you are entitled to a full refund of the purchase price, including any couple add-on. No further charge applies if you decide not to proceed.
Scenario B - Power of Attorney needs enhanced powers
Florida statute §709.2202(6) makes certain Power of Attorney provisions (authority to create or amend trusts, make substantial gifts, or change beneficiary designations) unenforceable when the POA is witnessed remotely. Our standard Financial POA template intentionally excludes those powers. If, after purchase, you determine that you require a POA with enhanced powers, contact us within 30 days of purchase for a partial credit against any documents you have not yet notarized together with a referral to a Florida-licensed attorney who can prepare a POA with in-person witnesses.
Scenario C - A financial institution declines the certified copy
A Power of Attorney executed under Florida law cannot be rejected by a third party except for the specific grounds listed in §709.2120. If a bank, brokerage, or other institution declines to accept your certified paper copy, contact support@mywillagent.com. We will issue, at no charge, a §709.2119 demand letter citing the institution's statutory obligations and provide additional certified copies as needed. A refund is not issued for Scenario C because the document itself is valid; however, our support remains available until the institution accepts the POA or you obtain an attorney's opinion letter.
Scenario D - Custody transfer requested (§732.524(10))
Florida statute §732.524(10) gives you the right to transfer custody of your electronic will to another qualified custodian or to yourself at any time. We will perform the transfer at no additional charge within 30 days of a written request to support@mywillagent.com. A custody transfer is not a service refund. Your one-time purchase included document creation, Remote Online Notarization, and the initial custody handoff, and those services have been delivered. After the transfer is complete, our obligations as Qualified Custodian end and the receiving custodian (or you, in self-custody) assumes the statutory custody duties.
Backstop - 30-day satisfaction window
Outside of the scenarios above, if you have not yet completed a Remote Online Notarization session you may request a full refund within 30 days of purchase by contacting support@mywillagent.com. Once a RON session has been completed, the documents have been delivered and the 30-day backstop no longer applies.
How we handle template or software defects
If a document defect is caused by an error in our templates or software (not by incorrect information you provided), we will correct the documents at no charge and cover the cost of a new RON session. This commitment is limited to correcting template or software defects and is not a statement about legal outcomes or acceptance by any third party.
You may NOT use our Service to:
DISCLAIMER OF WARRANTIES:
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
LIMITATION OF LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WILL AGENT, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR THE APPLICABLE SERVICE.
THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO RESIDENTS OF NORTH CAROLINA OR ANY OTHER JURISDICTION WHERE SUCH LIMITATIONS ARE PROHIBITED BY LAW. THIS CHOICE OF LAW DOES NOT DEPRIVE YOU OF ANY MANDATORY CONSUMER PROTECTIONS UNDER THE LAWS OF YOUR STATE OF RESIDENCE, INCLUDING THE FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT, THE TEXAS DECEPTIVE TRADE PRACTICES ACT, OR THE VIRGINIA CONSUMER PROTECTION ACT.
You agree to indemnify and hold harmless Will Agent, Inc., its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:
This indemnification does not apply to the extent that any claim arises from Will Agent's gross negligence or willful misconduct.
All content, features, and functionality of the Service (including text, graphics, logos, software, and document templates) are owned by Will Agent, Inc. and protected by copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes only.
Document Vault:
Your documents are stored in a secure digital vault. You may share specific documents with designated individuals (such as executors, guardians, family members, or attorneys) through our document sharing feature. You control which documents are shared and with whom, and you may revoke access at any time.
Third-Party Data:
When you share documents, we collect the recipient's name and email address to facilitate the sharing process. Recipients' personal information is protected under the same standards as your own account data.
Activation Conditions:
You may set activation conditions on shared documents (such as immediate access, or access upon death or incapacity). Documents with non-immediate activation conditions remain inaccessible to the recipient until the condition is triggered through our verification process.
Post-Death Access (Read-Only Estate View):
In the event of your death, your lawfully designated executor, trustee, or agent may request access to your account by providing a valid death certificate and proof of legal appointment (such as letters testamentary or letters of administration), consistent with applicable state digital asset access laws. Upon verified notification of death, your account will be converted to a Read-Only Estate View: your documents will remain accessible to authorized fiduciaries for viewing and downloading, but no modifications can be made.
WillAgent will maintain the Read-Only Estate View for ten (10) years following the verified date of death notification, consistent with Remote Online Notarization recording retention requirements under applicable state law. After this 10-year period, the account and all associated data may be securely deleted.
Account Deletion Impact:
If you delete your account during your lifetime, all shared document links will become permanently inaccessible to recipients. Please download your documents and notify your designated individuals before deleting your account.
Notarization services are provided by OneNotary (Adorum, Inc.), an independent third-party platform. During your RON session:
OneNotary's terms of service and privacy policy also apply to your notarization session. Session recordings are retained for a minimum of 10 years per applicable state statutes (e.g., Florida Statute §117.245). Will Agent is not liable for acts or omissions of the notary, witnesses, or the OneNotary platform during the notarization session.
The notary has authority to terminate a session if they have reasonable grounds to believe the signer is acting under duress, is incapacitated, or does not understand the documents being signed, as required by Florida Statute §117.285. If a session is terminated by the notary, you may reschedule at no additional cost.
For Florida estate packages that include an electronic will executed in accordance with Chapter 732, Part IV, Florida Statutes, qualified custodian services are provided by WillAgent Custody FL, LLC, our Florida-affiliated custodian designated under Florida Statutes §732.523(2). WillAgent Custody FL, LLC is responsible for statutory qualified custodian functions described in §732.524, including secure retention and statutory delivery procedures, for the electronic will file while WillAgent Custody FL, LLC serves as qualified custodian, subject to transfers you may request as described in Scenario D above and on our Qualified Custodian overview.
Will Agent, Inc. (the Service operator) remains a separate entity and is not a law firm. Custody obligations for your electronic will are carried out by WillAgent Custody FL, LLC consistent with §732.524 and our published Service descriptions; neither entity provides individualized legal advice to you through the Service.
Under Florida Statutes §732.521 et seq., not every document prepared through WillAgent is an "electronic will." In general terms, Florida law distinguishes an electronic will, which must meet signing, witnessing, notarization, and qualified custodian requirements under Part IV, from traditional paper wills and other estate planning instruments.
Your finalized package identifies which instruments are governed by electronic will rules for Florida users. Custody obligations under §732.524 apply to the electronic will record held by WillAgent Custody FL, LLC as qualified custodian, not to unrelated marketing descriptions of "storage" for other formats unless we expressly state otherwise in writing for your order.
For additional context on how electronic wills interact with probate and filings, review our Disclosure page. That page summarizes statutory categories and points to statutes; it does not replace advice from a licensed attorney about your specific situation.
We may terminate or suspend your access to the Service immediately, without prior notice, for conduct that violates these Terms or is harmful to other users, us, or third parties. Upon termination:
GOVERNING LAW:
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
INFORMAL RESOLUTION FIRST:
Before filing any claim, you agree to contact us at legal@mywillagent.com and attempt to resolve the dispute informally for at least 30 days. Most disputes can be resolved this way.
BINDING ARBITRATION:
If we cannot resolve the dispute informally, you and Will Agent, Inc. agree to resolve any claims through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.
SMALL CLAIMS EXCEPTION:
Either party may bring an individual action in small claims court if the claim qualifies. This exception does not apply to class actions.
ARBITRATION PROCEDURES:
30-DAY OPT-OUT RIGHT:
You may opt out of this arbitration agreement by sending written notice to legal@mywillagent.com within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you opt out of arbitration. If you opt out, you may pursue claims in court.
CLASS ACTION WAIVER:
YOU AND WILL AGENT, 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 PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
JURY TRIAL WAIVER:
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND WILL AGENT, INC. WAIVE ANY RIGHT TO A JURY TRIAL.
SURVIVAL:
This arbitration agreement will survive termination of your relationship with Will Agent, Inc.
If you have questions about these Terms, contact us: