Thanks for using Timely. These General Terms of Service ("General Terms"), along with any applicable Additional Terms (defined below) (collectively, the "Terms"), govern your use and access to the products, services, software, platform, and websites (collectively, "Services") provided by Timely and its affiliates (collectively, "Timely"). By using our Services, you agree to be bound by these General Terms as well as our Privacy Policy. If you are using our Services as an employee or agent of an organization, you agree to these Terms on behalf of that organization.
By accessing and using Timely's website, products, and services, you confirm that you have read and agree to these Terms of Service. Additionally, you consent to comply with all applicable laws and regulations, including the requirement to arbitrate any disputes related to our site and services. If you do not agree to these Terms of Service, please do not use this website. All content on this website is protected by relevant copyright and trademark laws.
1.1 Definitions:
The following definitions apply in these Terms of Service:
1.2 Eligibility: Must be at least 18 years old
By signing up for the Services, you confirm that you are at least 18 years old. If you are under 18, you are not permitted to use the Services for any reason. We reserve the right to modify our eligibility criteria at any time and may deny access to the Services to anyone for any reason or no reason. It is your responsibility to ensure that these Terms comply with all applicable laws, rules, and regulations (collectively, “Laws”). Your right to use the Services is revoked if these Terms, your use of the Services, or any part of the Services violates any Laws.
Your use of our site, any Services we offer, and our provision of those Services to you may also be governed by additional terms or policies, such as our Privacy Policy and any specific terms and conditions applicable to the particular service you use, purchase, or engage with. By using any of our Services, you confirm that you have read and agree to be bound by these additional terms and policies, as well as these Terms of Service.
Timely is not a law firm and does not provide legal advice. The automated services and tools offered by Timely are designed for self-help purposes, primarily in the form of "fill in the blank" forms. When you purchase or download a form from our Site, the Terms of Service apply. You acknowledge that your use of these forms is not legal advice, nor does it constitute the practice of law. Our services are not a replacement for professional legal advice, and if your situation requires specific legal guidance or is too complex for our tools, you should consult a licensed attorney in your jurisdiction.
No attorney-client relationship or any special relationship is established between you and Timely or any of its employees or affiliates. Any information you provide is not protected under attorney-client privilege or as attorney work product. By using our services, you are representing yourself in any legal matter.
The services provided by Timely include an automated review of your answers for completeness, spelling, and consistency of details like names and addresses. This review is not comprehensive and is not guaranteed to be accurate. You agree to thoroughly review the final documents before signing them and accept full responsibility for their content.
This review does not cover legal sufficiency, nor do we provide legal conclusions, advice, or recommendations regarding your legal rights, remedies, or strategies. Timely is not a law firm and does not perform the services typically provided by an attorney. The tools, forms, and templates offered by Timely are not a substitute for legal advice or services from a licensed attorney.
Our online tools and materials are intended to assist you in preparing, executing, and storing your own legal documents. We strive to ensure that these documents and resources are current and accurate, but they are not guaranteed to be up-to-date or legally sufficient. The law varies by jurisdiction and can be subject to different interpretations, making it a highly personal matter. Our services do not include the customization of documents to your specific needs, nor do we apply the law to your particular situation. If you need tailored legal advice, you should seek assistance from a licensed attorney.
If at any point before using any legal document, you believe that Timely has provided you with legal advice, opinions, or recommendations regarding your legal rights, remedies, or strategies, you should not use the document. Any use of such documents is at your own risk.
By using Timely's services, you agree to our payment terms. Some services may require a fee. If you choose to use these paid services, you agree to our pricing, payment, billing, and refund policies. We may introduce new services or adjust fees for existing services at any time. You authorize Timely to charge your credit card for any fees related to your use of our services, including taxes and other applicable charges.
If you register with Timely, you can cancel your account at any time; however, no refunds will be issued upon cancellation. All purchases are final, and refunds are only granted at our discretion, evaluated on a case-by-case basis according to our refund policy. If Timely suspends or terminates your account or these Terms of Service, you agree that you will not receive any refund or exchange for any Timely content, unused subscription time, fees paid, or any data or content associated with your account. You are responsible for paying all charges made using your payment method. This includes any applicable taxes related to your transactions.
Timely offers services as one-time purchases or on a subscription basis. If you choose a subscription, your initial payment covers an "Initial Service Period," usually one year. Your subscription will automatically renew each year, and your payment method will be charged upon renewal.
We may send a reminder before your subscription renews, but this is not guaranteed. Failure to receive or read this reminder does not entitle you to a refund.
To cancel your subscription's automatic renewal, you must do so through your account at least one day before the renewal date. No refunds will be given for any remaining time in a subscription.
We may change the renewal price at any time with notice. The new price will apply to the next renewal. If you do not agree to the new price, you must cancel your subscription before the renewal date.
You authorize Timely to store your payment information and charge your payment method for renewals. If the payment fails, we may suspend or terminate your access to the services.
You are responsible for all content you create, upload, or share on Timely ("Your Information"). Ensure Your Information is accurate, complete, and legal. You keep ownership of Your Information but grant us and others permission to use it as described, without affecting your rights to grant other licenses.
If you're using Timely on behalf of a client, you must have their permission and authority to manage their content. You are in charge of how you interact with other users and share access to your account. Timely may monitor these interactions but isn’t liable for any issues.
You can create an account for yourself, and a spouse or legally recognized domestic partner ("Spouse"). If you create an account for a Spouse, you must have their permission. The primary account owner is the person who created the account. In case of a divorce or separation, a secondary user can contact support to create their own account, which might involve fees.
Timely’s Services are for the individual named in the documents. Unauthorized creation of documents may affect their legal validity, and Timely isn’t responsible for such issues.
You own your estate planning documents ("Estate Plan Content") and other content you upload to Timely ("Account Content"). You can remove your content from our servers anytime and must follow our content guidelines.
Do not post content that:
(i) could harm or injure anyone or anything;
(ii) might cause damage or loss;
(iii) exploits children;
(iv) is illegal or harmful;
(v) is abusive or offensive;
(vi) is inappropriate or unauthorized;
(vii) is incorrect or outdated.
You confirm your content and use of Timely complies with all laws and doesn’t infringe on others’ rights. Timely isn’t responsible for any content posted or shared by you or other users.
Timely owns all rights to the Services and their materials, including software, text, logos, patents, trademarks, copyrights, photos, audio, video, and music ("Timely Content"). All Intellectual Property Rights related to these materials are owned by Timely and its licensors. You cannot sell, license, rent, modify, distribute, copy, or create derivative works from any Timely’s Content. Unauthorized use of these materials is strictly prohibited.
Timely grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services in accordance with these Terms of Service. You agree not to download, view, copy, print, replicate, or modify the Document Materials beyond what is necessary for personal use or to ensure the document’s accuracy. This license is subject to your compliance with these terms, and Timely retains all rights not expressly granted. We may terminate this license at any time, with or without cause.
By ordering or downloading Forms, you agree that they are for your personal or business use only, or for use with your client. You may not sell or redistribute the Forms without Timely's explicit written consent.
If you violate any of these Terms of Service, this license will terminate automatically without notice. Upon termination, you must immediately destroy any downloaded or printed Document Materials and stop using the Services. Unauthorized use of any Document Materials may violate copyright, trademark, privacy, publicity, and communication laws.
You must use our Services in accordance with the laws of your jurisdiction(s). The availability of our Services does not authorize you to use them in any way that violates local laws and regulations. By using our Services, you are responsible for ensuring that neither you nor anyone accessing your account violates any applicable laws. Timely may refuse membership or suspend or terminate your account at its sole discretion and without prior notice if necessary.
The following uses are specifically prohibited
You may not hack, scrape, or crawl our Services using spiders, robots, or other automated methods without written permission from Timely. You may not access or attempt to access information that Timely has not intentionally made available to you through your subscription. Your use of Timely services does not permit you to resell any content without prior written consent from Timely.
By using Timely, you agree to our Privacy Policy and consent to the collection, use, and processing of your personal data. This includes capturing keystrokes and page interactions through session replay technology for customer service and improving our products. You acknowledge that your interactions with our site may be recorded for quality assurance. While we use reasonable measures to protect your information from loss or unauthorized access, we cannot guarantee complete security. You accept the risk that unauthorized parties might access or misuse your data.
We handle copyright infringement notices and take action against repeat infringers in line with the U.S. Digital Millennium Copyright Act.
If you believe that content on our website infringes on your copyright, you can submit a DMCA Notice of Alleged Infringement to our Designated Copyright Agent:
Timely (Nomadic Media LLC, DBA Timely)
Attn: Legal Department
Email: support@withtimely.com
You are responsible for maintaining the security of your Timely account. When setting up an account or making transactions, provide accurate and up-to-date information. You will need a username and password, and it is your responsibility to keep your password confidential. You are accountable for all activity on your account, including any shared access. Use shared access at your own risk and do not use someone else's account without their permission. Timely is not liable for losses due to unauthorized use of your account, and you may be held responsible for any losses Timely incurs because of someone else’s use of your account
We reserve the right to modify or discontinue our Services and features at any time. We may, without prior notice, alter the Services, cease offering certain features, or impose usage limits. We can also suspend or terminate your access to the Services, either temporarily or permanently, with or without notice and without liability. This includes cases where we believe you have violated any part of these Terms of Service or for any other reason.
If your access is terminated, whether for cause or not, you will still be bound by these Terms of Service. Any data, account history, or content stored on our servers may be deleted, altered, moved, or transferred at our discretion, with or without notice and without liability. Timely does not guarantee or assume any value—monetary or otherwise—related to the data on our servers.
Timely’s services may include links to third-party websites, advertisers, or offers that Timely doesn’t control. We don’t endorse or take responsibility for these third-party sites, products, or services. If you visit a third-party site through our platform, it’s at your own risk, and our Terms of Service and Privacy Policy don’t apply there. You release Timely from any liability related to your use of these sites.
If you interact with advertisers on our platform, any transactions or terms are strictly between you and the advertiser. Timely isn’t responsible for any issues that arise from these dealings.
Timely may offer services for professionals or affiliates, but our platform is primarily for direct consumers. We aren’t liable if professionals or affiliates use our platform, and we don’t guarantee the accuracy or reliability of information from these services.
You don’t need third-party involvement to get discounts or use Timely’s services. Timely isn’t a law firm and doesn’t offer legal advice. We disclaim all liability related to any third-party or affiliate involvement in your process.
By using our Service, you, along with your heirs, executors, agents, representatives, and assigns, agree to fully release, discharge, and hold harmless Timely, its partners (including any third-party companies Timely engages for business formation, registered agent, or other business filing services), your Program Sponsor (if applicable) and its affiliates, as well as their respective officers, employees, directors, and agents, from any and all losses, damages, expenses (including reasonable attorneys' fees), rights, claims, actions, and injuries (including death) arising from or related to your use of the Services. You acknowledge that this release is given voluntarily and with full understanding of its implications.
You also agree to indemnify and hold Timely, its partners (including any third-party companies engaged for business services), your Program Sponsor (if applicable) and its affiliates, and their respective officers, employees, directors, and agents, harmless from any losses, damages, expenses (including reasonable attorneys' fees), rights, claims, actions, and injuries (including death) resulting from third-party claims related to your use of the Service, any violation of these Terms, or any infringement of another party's rights.
THE SERVICES ARE PROVIDED BY TIMELY ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO GUARANTEES OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE OPERATION OF OUR SERVICES OR THE INFORMATION, CONTENT, OR MATERIALS PROVIDED.
YOU AGREE THAT USING OUR SERVICES, INCLUDING ANY CONTENT OR ITEMS OBTAINED THROUGH THEM, IS ENTIRELY AT YOUR OWN RISK.
NEITHER TIMELY NOR ANYONE ASSOCIATED WITH US MAKES ANY WARRANTY ABOUT THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR SERVICES. SPECIFICALLY, WE DO NOT GUARANTEE THAT OUR SERVICES, CONTENT, OR ANY ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED. WE ALSO DO NOT WARRANT THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER HOSTING THEM ARE FREE OF VIRUSES OR HARMFUL COMPONENTS, OR THAT OUR SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS.
TIMELY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE TO HOLD TIMELY AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, REGARDLESS OF HOW THEY OCCUR (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION OR ARBITRATION, WHETHER AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT SUCH LITIGATION OR ARBITRATION IS INITIATED), WHETHER ARISING FROM CONTRACT, NEGLIGENCE, TORT, OR IN CONNECTION WITH THIS AGREEMENT. THIS INCLUDES ANY CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE PROHIBITED BY LAW, IF TIMELY IS FOUND LIABLE, OUR LIABILITY WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR CONSEQUENTIAL OR PUNITIVE DAMAGES. PLEASE NOTE THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
PLEASE REVIEW THIS SECTION CAREFULLY AS IT IMPACTS YOUR RIGHTS.
Most issues can be resolved quickly by contacting our Customer Service Department at support@withtimely.com.
However, if Timely cannot resolve a dispute informally, both parties agree to resolve the matter through binding arbitration with JAMS Alternative Dispute Resolution (“JAMS”). The arbitration will follow JAMS’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes. It will be held in your local county, or another mutually agreed location. Before starting arbitration, the party seeking it must send a written notice of dispute by certified mail.
Send any notices to Timely (Nomadic Media LLC, DBA Timely, Subject: Dispute Activity, support@withtimely.com. Notices to you will be sent to the address in Timely’s records or another address we can identify.
Disputes must be resolved on an individual basis and cannot be part of a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidations with other arbitrations are not permitted.
Exceptions to the arbitration agreement include:
Timely may modify these dispute resolution and arbitration provisions in the future. We will notify you of any changes according to the “Modifications” section in this agreement. You can reject changes by emailing support@withtimely.com, Subject: Reject terms of service, within thirty (30) days of receiving the modification notice. Please note that if you reject these changes, your access to our services may be discontinued, as you will no longer be in full agreement with our terms of service.
These Terms of Service and any disputes arising out of or related to your use of our Services will be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles. By using our Services, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Utah for any legal proceedings related to these Terms.
The information or materials you receive from Timely, including those from our employees, contractors, partners, sponsors, advertisers, or licensors, are for informational purposes only. Timely does not review the information you provide for legal adequacy, make legal conclusions, offer legal advice, or apply the law to your specific situation. Neither Timely nor its Services are designed to provide personalized financial or tax advice. You agree that any information accessed through our Services is not intended as investment advice and should not be used or treated as such.
If you are a North Carolina resident, please note the following provisions for your transactions with Timely:
At Timely, we are dedicated to protecting the privacy and security of our members’ information. In the event of a member’s passing, we can provide access to their account if you have a valid legal document proving your authority to act on their behalf. If you have the necessary legal documentation, please reach out to our support team for assistance in accessing the account.
Timely may provide notifications to you in various ways, including via email, postal mail, or by posting notices on our website. The method and form of notifications will be determined at our discretion, including for legal requirements, marketing, requested contact, or other business purposes.
We are not liable for any issues caused by automatic filtering or blocking of our notifications by your email provider or network. To help ensure you receive our communications, please add support@withtimely.com to your email address book. For any questions, concerns, or to update your contact information, please reach out to our support team.
We may revise these Terms of Service from time to time, and the most current version will always be posted on our website. If we make any significant changes, we will notify you and update the "Last Updated" date at the bottom of these Terms. By continuing to access or use the Site or Services after the revisions have been posted or after you’ve been notified, you agree to be bound by the revised Terms. We encourage you to periodically review the Terms to ensure you fully understand them. If the updated Terms are not acceptable to you, your only option is to stop using the Site and Services. If at any time you disagree with these Terms, please do use the Services.
This document represents the complete agreement between you and Timely. If any part of it is found to be invalid, the rest of the provisions will still apply. This Agreement, along with any amendments and any additional agreements you enter into with Timely related to the Service, forms the entire understanding between you and Timely regarding the Services. Should any provision of this Agreement be deemed invalid by a court with proper jurisdiction, the remaining provisions will continue to be effective.
No waiver of any term in these Terms of Service will be considered a continuing or further waiver of that term or any other term. Timely's decision not to enforce any right or provision under these Terms of Service does not constitute a waiver of that right or provision.
Last updated: August 13, 2024
