Introduction

This document outlines the Terms of Use governing the access and use of makemywill.in (“Website”), owned and operated by MakeMyWill , a company based in Bengaluru, India (“MakeMyWill”, “we”, “us”, or “our”). These Terms apply to all users, customers, and visitors (“User”, “Customer”, “you”, “your”) of the Website.

Acceptance of Terms

By accessing or using the Website, you agree to be bound by these Terms of Use and our Privacy Policy. Any new features added to the Website will also be subject to these Terms. Your continued use constitutes your acceptance of the latest version, including any updates we may make from time to time without prior notice. We recommend reviewing this page periodically for changes.

Registration and Access

To access our tools, you must create an account by submitting required details.

You agree to:

• Provide correct and complete information.
• Keep your login credentials confidential.
• Use the will creation tool solely for creating your personal Will.
• Notify us immediately in case of unauthorised access or misuse.

Use of Website

MakeMyWill is a tool that helps you create template based wills online. You must be at least 18 years old to use our website. By using our website, you represent that you are at least 18 years old or that you are using the website with parental or guardian consent.

You agree that:

• All information you provide is accurate, complete, and up to date.
• You are at least 18 years old or using the Website under parental supervision.
• Your use does not violate any applicable laws or regulations.
• You are solely responsible for any false or misleading information shared.
• You will not use the website for any unlawful purpose.

Your account is non-transferable and may be terminated at our discretion without notice.

Scope of the Tool

MakeMyWill offers tools related to estate and succession planning under Indian laws. Whilst we are not a law firm or registered with the Bar Council of India.

Our platform allows you to create legal documents such as Wills using our online application. These documents are prepared based on the information you provide.

Note: Use of our tool does not create an advocate-client relationship. Information shared is not covered by legal privilege.

Legal Disclaimer

IMPORTANT: MakeMyWill is NOT a law firm and does not provide legal advice. We are a technology platform that provides document preparation tools only. Our tools do not constitute legal advice, and no advocate-client relationship is created. You are strongly advised to consult with a qualified advocate before executing any will or legal document. We do not guarantee the legal validity or enforceability of documents created using our platform.

Beneficiary Claims and Third-Party Protection

ABSOLUTE DISCLAIMER OF LIABILITY TO BENEFICIARIES: MakeMyWill explicitly disclaims any liability, responsibility, or duty to any beneficiary, heir, legatee, or third party mentioned in any will created using our platform. By using our tools, the testator acknowledges and agrees that:

• No privity of contract exists between MakeMyWill and any beneficiary or third party mentioned in the will
• Beneficiaries have no legal standing to claim against MakeMyWill for any alleged defects, omissions, or invalidity of the will
• The testator assumes full responsibility for all consequences of the will’s contents and execution
• Any disputes regarding inheritance, will validity, or beneficiary rights are solely between the parties to the will and do not involve MakeMyWill
• MakeMyWill shall not be joined as a party in any probate proceedings, succession disputes, or inheritance litigation

Testator’s Acknowledgment and Indemnity

The testator hereby acknowledges, represents, and warrants that:

• They are creating the will of their own free will without any coercion, undue influence, or duress
• They possess the mental capacity and legal competence to create a valid will
• All information provided is accurate, complete, and truthful
• They understand the legal implications of their testamentary dispositions
• They will indemnify and hold harmless MakeMyWill against any claims, demands, or litigation initiated by beneficiaries, heirs, or any third parties
• They acknowledge that MakeMyWill is merely a tool provider and bears no responsibility for the substantive contents of the will

Age Verification and Capacity

By using our tools, you represent that you are of sound mind and legal capacity to create a will. You must be at least 18 years old to use our tools. MakeMyWill does not verify mental capacity and is not responsible for wills created by persons lacking legal capacity. If you are creating a will under duress or undue influence, please seek independent legal counsel.

Intellectual Property

All content on this website, including text, graphics, logos, images, and software, is the property of its respective owners or its licensors and is protected by Indian and international copyright laws. You may not reproduce, distribute, modify, or display any part of this site without our prior written authorisation.

All proprietary algorithms, questionnaires, templates, and software constitute trade secrets of MakeMyWill. Reverse engineering, decompilation, or unauthorised use of our proprietary systems is strictly prohibited and may result in legal action. Our platform’s unique will-creation methodology and user interface are protected intellectual property.

User Conduct

You agree not to:

• Use the website in any way that may cause damage to the website or impair its availability or accessibility.
• Use the website in any way that is unlawful, illegal, fraudulent, or harmful.
• Use the website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

Affiliate and Referral Channels

We may collaborate with banks, insurers, financial institutions, and charitable organisations to promote our tools. Users accessing the Website through such affiliates are subject to these Terms of Use. All tool agreements are exclusively between the User and MakeMyWill.

Partner and Affiliate Protection

Our partners and affiliates are independent entities. MakeMyWill is not responsible for any tools, advice, or representations made by partners. All disputes with partners must be resolved directly with them. Partners are indemnified against claims arising from user misuse of MakeMyWill tools.

Data Consent and Privacy

Your personal data is collected and processed in accordance with our Privacy Policy and the Digital Personal Data Protection Act, 2023. While we implement reasonable security measures, you agree to share your information at your own risk. MakeMyWill is not liable for unauthorised access despite reasonable safeguards. We retain your data only as long as necessary for tool provision or as required by law. You have rights to access, correct, and delete your personal data subject to legal limitations.

Payments and Charges

Payments can be made via our website’s payment gateway or through other accepted methods for offline tools. Charges may include applicable taxes. By opting for paid tools, you agree to the following.

You agree to:

• Pay fees as outlined in our pricing.
• Accept our refund and cancellation policy.
• Authorise MakeMyWill to charge for all applicable tools and government fees.

Refund Policy

Payments are non-refundable unless:

• Duplicate payments were made for the same tool usage.
• A processing error occurred.

In such cases, contact us at support@makemywill.com. Refunds will be processed within 7 working days upon verification.

Tool Usage Timelines

All paid tools must be used within 15 days of payment. Failure to generate or finalize your Will within this period will result in account deactivation and deletion of saved will data. No refunds will be provided post this period.

Confidentiality

We are committed to ensuring data confidentiality:

• Document data is accessible only to authorised personnel providing the tools.
• Users may change their password, which remains confidential even to our team.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAKEMYWILL SHALL NOT BE LIABLE FOR:

• Any errors, omissions, or inaccuracies in documents prepared
• Invalid wills due to incorrect information provided by users
• Legal complications arising from changes in law
• Failure of documents to achieve intended legal effect
• Any consequential, incidental, or punitive damages
• Data breaches or unauthorised access despite reasonable security measures
• Claims by beneficiaries, heirs, legatees, or any third parties regarding will validity, inheritance disputes, or testamentary capacity
• Family disputes, succession conflicts, or probate complications arising from wills created using our platform
• Loss of inheritance, reduced bequests, or altered testamentary dispositions claimed by any beneficiary
• Challenges to will execution, attestation, or compliance with succession laws

Our total liability shall not exceed the fees paid by you for our tools. MakeMyWill is not liable for indirect or consequential damages arising from your use of the Website or its tools.

Succession Law Compliance Disclaimer

MakeMyWill makes no representations or warranties regarding compliance with the Indian Succession Act, 1925, Hindu Succession Act, 1956, or any personal law applicable to the testator. The testator is solely responsible for ensuring their will complies with applicable succession laws, including but not limited to:

• Restrictions on testamentary capacity under personal laws
• Limitations on disposition of coparcenary rights in Hindu joint family property
• Compliance with minimum share requirements for legal heirs
• Proper execution formalities including witnessing and attestation
• Registration requirements under applicable state laws

Indemnification

You agree to indemnify MakeMyWill, its partners, and affiliates, employees or contractors against any claims, damages, or losses arising from your violation of these Terms or misuse of the Website.

Comprehensive Indemnification by Testator

The testator agrees to defend, indemnify, and hold harmless MakeMyWill, its directors, officers, employees, agents, and affiliates from and against any and all claims, demands, suits, proceedings, losses, damages, costs, and expenses (including reasonable advocates’ fees) arising from or relating to:

• Any challenge to the validity, enforceability, or legal effect of the will by beneficiaries, heirs, or third parties
• Disputes regarding testamentary capacity, undue influence, or fraud allegations
• Claims that the will violates succession laws, personal laws, or statutory requirements
• Inheritance disputes, family conflicts, or succession litigation
• Claims for professional negligence, breach of duty, or inadequate legal advice
• Regulatory action by Bar Councils or legal authorities regarding unauthorised practice of law allegations
• Any criminal or civil proceedings related to the will or its execution
• Claims by excluded heirs, disinherited family members, or disappointed beneficiaries

This indemnification shall survive termination of these Terms and shall extend to all legal costs, court fees, and damages awarded against MakeMyWill in any proceedings initiated by third parties.

External Links and Partner Tools

We may provide links to third-party websites. These are for convenience only, and we are not responsible for their content or tools. Use them at your own risk.

Governing Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws of India, applicable to both Indian citizens and NRIs holding assets in India. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts in Bengaluru, India.

NRI-Specific Terms

For Non-Resident Indians (NRIs), these Terms are governed by Indian law. NRIs must ensure compliance with their country of residence regarding will validity. Cross-border legal issues, tax implications, and foreign property laws remain the responsibility of the user. We recommend consulting legal experts in both jurisdictions.

Force Majeure

MakeMyWill shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including but not limited to acts of God, government actions, cyber attacks, changes in applicable laws, pandemics, or system failures. In such events, we will make reasonable efforts to restore tools as soon as practicable.

Severability

If any provision of these Terms is found to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms shall remain in full force and effect. The invalidity of any provision shall not affect the validity of the remaining provisions.

Insurance Coverage

MakeMyWill maintains professional indemnity insurance as required by law. However, users are advised to obtain independent legal advice for complex estate planning matters. Our insurance coverage does not guarantee the legal validity of documents created using our platform.

Prohibited Activities

You agree not to:

• Use the Website for illegal or unauthorised purposes.
• Interfere with Website functionality or security.
• Copy, modify, or reverse-engineer the application.
• Send spam, malware, or offensive content.
• Attempt unauthorised access to the Website or user accounts.

Termination

We reserve the right to suspend or terminate your account without prior notice.

Dispute Resolution

Before initiating any legal proceedings, parties agree to attempt resolution through mediation. If mediation fails, all disputes shall be governed by Indian law and subject to the exclusive jurisdiction of courts in Bengaluru, Karnataka. The prevailing party in any legal proceeding shall be entitled to recover reasonable advocate fees and costs.

No Third-Party Beneficiaries

These Terms of Use create no rights in favor of any third parties, including but not limited to beneficiaries, heirs, legatees, or other parties mentioned in wills created using our platform. Only the testator who accepts these Terms has legal standing to enforce or claim under this agreement. Beneficiaries and third parties are expressly excluded from any rights, remedies, or recourse against MakeMyWill under contract, tort, or any other legal theory.

Statute of Limitations

Any claim against MakeMyWill must be commenced within one (1) year from the date the cause of action accrues, notwithstanding any statutory limitation period to the contrary. This shortened limitation period applies to all claims by testators, beneficiaries, heirs, or any third parties. Failure to commence proceedings within this period shall result in absolute bar of the claim.

Waiver of Class Action Rights

All parties, including testators and any claiming through them, waive any right to pursue claims against MakeMyWill as part of a class action, representative action, or collective proceeding. All disputes must be pursued individually. This waiver applies to beneficiaries, heirs, and all third parties claiming through the testator.

Communications

By using our Website, you consent to receive communications via email, mobile or Website notifications. These shall be considered legally valid forms of notice.

Contact Us

If you have any queries about these terms and conditions, please contact us using the “Contact Us” page.

Changes to Terms and Conditions

We reserve the right to update or modify these terms and conditions at any time without prior notice. By continuing to use our website after any changes, you agree to be bound by the revised terms and conditions.