TERMS OF USE

(VERSION AS OF 2025-01-01)

1 – PARTIES TO THE AGREEMENT

1.1 This agreement is entered into between you, the user, and Nolos, the site owner.

2 – PURPOSE AND SCOPE OF THE AGREEMENT

2.1 These terms of use govern access to and use of the websites, applications, products, and services offered by Nolos.

2.2 They include general terms and specific terms applicable to certain products and services.

2.3 In the event of a conflict between the general terms and the specific terms, the latter shall prevail.

3 – ACCEPTANCE OF THE TERMS

3.1 By accessing the website or using the services, you agree to be bound without reservation by these terms of use.

3.2 If you do not accept any of these terms, you must immediately cease using the website and the services.

4 – PRICES, FEES, DISBURSEMENTS, AND TAXES

4.1 The prices displayed are those in effect at the time of purchase, before taxes, unless otherwise indicated.

4.2 Applicable taxes are added at the time of payment.

4.3 Certain services may involve additional fees or disbursements, including, without limitation, professional fees, printing fees, delivery fees, storage fees, homologation fees, judicial or notarial verification fees, or fees related to the issuance of paper authentic copies.

4.4 The user acknowledges being responsible for the payment of all fees applicable to the services selected.

5 – GENERAL FRAMEWORK FOR NOTARIAL ACTS

5.1 When the user selects a service involving the preparation or completion of a notarial act, such act is executed by a duly authorized notary.

5.2 The notary relies exclusively on the information provided by the user.

5.3 It is the user’s responsibility to provide complete, accurate, and up-to-date information.

5.4 The notarial acts offered through Nolos are basic acts.

5.5 Any enhancement, modification, or added complexity to an act may result in additional professional fees.

6 – ELECTRONIC AUTHENTIC COPIES – NOTARIAL ACTS

6.1 The authentic copy of the notarial act transmitted following signature is provided exclusively in electronic format.

6.2 This electronic authentic copy is the only copy included in the purchased product or service.

6.3 No paper authentic copy is provided unless expressly requested by the user.

6.4 Additional fees may apply for any request for a paper authentic copy.

6.5 By requesting a paper authentic copy, the user agrees to pay the applicable fees.

7 – REMOTE SIGNING OF NOTARIAL ACTS

7.1 Remote signing of a notarial act is not offered systematically. It is available only upon the express request of the user and subject to compliance with the conditions set out in the Notaries Act and its implementing regulations.

7.2 The conduct of a notarial act remotely is entirely at the discretion of the officiating notary, who remains responsible for verifying that the legal and professional conditions allowing remote signing are met.

7.3 The user acknowledges that certain notarial acts, factual situations, or client profiles may not be eligible for remote signing, even if the service is offered through the platform.

7.4 Where remote signing is authorized by the notary, it is carried out in accordance with applicable legal requirements, including those relating to identification, consent, preservation of the act, and transmission of the authentic copy.

7.5 A notary’s refusal to proceed with the remote signing of a notarial act does not constitute a fault, a breach of contract, or grounds for cancellation of the agreement, and does not give rise to any compensation.

8 – WILL DESIGN APPLICATION

8.1 The will design platform is a web application allowing the user to create a basic will, either a will executed before witnesses or a will intended to be notarized.

8.2 The platform does not allow the creation of complex wills or wills requiring in-depth legal analysis.

8.3 The platform is not designed to be used by a person who cannot read or write, nor by a deaf and/or mute person.

8.4 By using the platform, the user acknowledges having voluntarily simplified their estate planning in order to adapt it to the proposed framework.

9 – VALIDITY OF THE WILL

9.1 Will executed before witnesses

9.1.1 The platform generates the will in PDF format and makes it available for download.

9.1.2 To be valid, the will must be printed, dated, and signed by the testator in the presence of two witnesses, with initials on each page and signatures at the end.

9.1.3 The witnesses must be of legal age and must not be designated as legatees or heirs.

9.1.4 The will must be subject to a verification procedure upon death, before a notary or a court, which entails variable fees.

9.1.5 The will executed before witnesses is a basic will that may include only, where applicable, a universal legacy, one or more specific legacies, the appointment of a tutor, the designation of a liquidator, a separate property clause, and a non-seizability clause.

9.2 Notarial will

9.2.1 By choosing a notarial will, the user entrusts a notary assigned to Nolos with the mandate to complete the notarial act solely on the basis of the information provided.

9.2.2 Two meetings are required: a first meeting for review of the will (virtual or in person), followed by a second signing meeting, which takes place in person, unless remote signing is authorized in accordance with section 7.

9.2.3 The user must have the necessary computer equipment to participate in the review meeting, where applicable, and, where applicable, to sign the act if remote signing is authorized in accordance with section 7.

9.2.4 Any enhancement may result in additional professional fees.

9.2.5 The notarial will does not require verification upon death.

10 – WILL-RELATED OPTIONS

10.1 Nolos may offer, for a fee, the printing and delivery of an original will executed before witnesses.

10.2 Delivery is carried out via Canada Post.

10.3 The will executed before witnesses is not reviewed by a professional prior to delivery.

10.4 Nolos may offer, for a fee, the storage of an original will executed before witnesses for a period of one year, renewable.

10.5 In the event of non-renewal, the will is returned to the last known address.

11 – REGISTER OF HOLOGRAPH WILLS AND WILLS EXECUTED BEFORE WITNESSES

11.1 The date of download of the will executed before witnesses is automatically recorded in the register.

11.2 The register does not contain any copy of the will.

11.3 A search may be conducted by the heirs upon death.

12 – PROTECTION MANDATE DESIGN APPLICATION

12.1 The platform allows for the creation of a basic protection mandate, either executed before witnesses or notarized.

12.2 It is intended solely for simple cases.

12.3 The mandate must be homologated before taking effect, which entails variable fees.

13 – VALIDITY OF THE PROTECTION MANDATE

13.1 Protection mandate executed before witnesses

13.1.1 The mandate must be printed, dated, and signed before two eligible witnesses.

13.1.2 It may include only the appointment of a mandatary for property and for the person, the appointment of a tutor, and general guidelines regarding health care.

13.2 Notarial protection mandate

13.2.1 By choosing a notarial protection mandate, the user entrusts a notary assigned to Nolos with the mandate to complete the notarial act solely on the basis of the information provided.

13.2.2 Two meetings are required: a first meeting for review of the protection mandate (virtual or in person), followed by a second signing meeting, which takes place in person, unless remote signing is authorized in accordance with section 7.

13.2.3 The user must have the necessary computer equipment to participate in the review meeting, where applicable, and, where applicable, to sign the act if remote signing is authorized in accordance with section 7.

13.2.4 Any enhancement may result in additional professional fees.

13.2.5 The notarial protection mandate must be subject to a homologation procedure before taking effect.

14 – PRINTING OF THE PROTECTION MANDATE

14.1 Printing and delivery may be offered for a fee.

14.2 The mandate is not reviewed by a professional prior to delivery.

15 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

15.1 Automated document generation tools are provided as is.

15.2 No legal, tax, or professional advice is provided for documents that have not been reviewed.

15.3 Professional advice is provided only when the review service is purchased, within the limits of that service.

15.4 Nolos is not responsible for consequences arising from unreviewed documents or inaccurate information provided by the user.

15.5 The sole remedy is to cease using the services.

16 – COMMUNICATIONS

16.1 The user consents to receive informational or promotional communications.

17 – ELECTRONIC DOCUMENTS

17.1 The user consents to the electronic exchange of documents.

18 – REGISTRATION AND SECURITY

18.1 The user is responsible for maintaining the confidentiality of their credentials.

19 – PAYMENT

19.1 Payments are made by credit card and are non-refundable.

20 – INTELLECTUAL PROPERTY

20.1 The content of the website is protected by applicable laws.

21 – TERMINATION

21.1 Nolos may terminate access in the event of abusive or illegal use.

22 – GOVERNING LAW

22.1 This agreement is governed by the laws of Québec and the applicable laws of Canada.