Disclosures, Terms of Use & Legal Notices

Nature of Service

Bancroft is a document preparation and workflow automation platform. Bancroft provides software tools that enable financial advisors to guide their clients through the collection of personal and financial information necessary to prepare estate planning documents, including Wills, Revocable Living Trusts, Powers of Attorney, HIPAA Authorizations, and related instruments.

Bancroft is not a law firm. Bancroft does not provide legal advice, legal counsel, or legal representation of any kind. The platform, its software, its questionnaires, and all materials generated through the platform are not a substitute for the advice, review, or services of a licensed attorney.

The financial advisor who deploys Bancroft under their brand is not acting as your attorney. Your advisor facilitates access to the platform and may review your completed documents, but this review does not constitute legal advice or create an attorney-client relationship with your advisor or with Bancroft.

Bancroft does not apply legal principles or judgment to your specific circumstances or objectives. The platform routes your selections through a structured questionnaire that you complete yourself. Bancroft does not select documents on your behalf based on your specific situation, recommend a particular legal instrument for your facts, or interpret legal language for you. Where your situation requires the application of legal principles to your specific facts, that work is the practice of law and must be performed by a licensed attorney.

The Document Preparation Framework

Bancroft operates within the legally established document preparation framework that distinguishes lawful template-based document preparation from the unauthorized practice of law. The American Bar Association's Model Rule 5.5 prohibits non-attorneys from practicing law or holding themselves out as authorized to do so. The "practice of law," per ABA commentary, is "the application of legal principles and judgment with regard to the circumstances or objectives of a person that require the knowledge and skill of a person trained in the law." Bancroft does not perform that activity.

The framework Bancroft follows is the same framework recognized in the LegalZoom v. North Carolina State Bar consent judgment (2015 NCBC 96), which set the canonical six conditions under which platform-based document preparation does not constitute the unauthorized practice of law: (1) state-licensed attorney review of every form template offered to consumers in the state, (2) blank templates available for review before any purchase decision, (3) disclosure on every document that the form is not a substitute for the advice of an attorney, (4) a consumer satisfaction process, (5) the platform does not select documents based on the consumer's specific situation, and (6) the consumer makes the document selection through a guided questionnaire. Bancroft is structured to meet these conditions.

Texas Government Code § 81.101 codifies a parallel statutory exemption: software products that "clearly and conspicuously state that the products are not a substitute for the advice of an attorney" are excluded from Texas's definition of the practice of law. Every document generated through Bancroft carries a non-substitute disclosure consistent with this standard.

The Bancroft model is consistent with ABA Model Rule 5.5 commentary on document preparation, with the six conditions of the LegalZoom v. North Carolina State Bar consent judgment, with the Texas Government Code § 81.101 statutory exemption, and with the document-preparation safe-harbor frameworks recognized in the majority of U.S. jurisdictions. State unauthorized-practice frameworks vary, including Michigan's framework under MCL 450.681 and parallel state statutes; Bancroft's structure is designed to be defensible across all supported state jurisdictions, but you should consult an attorney licensed in your state if you have any question about the legal effect of documents you generate through the platform.

Attorney-Reviewed Document Templates

Bancroft's document templates are designed and reviewed by licensed attorneys admitted to practice in the applicable state jurisdictions, at the template-library level. The decision trees, intake logic, and document output structures reflect attorney-reviewed frameworks designed to produce legally valid instruments under the laws of each supported state. The reviewing attorneys did not draft documents on a per-user basis; their work is at the template level only.

Attorney review of the underlying templates does not constitute legal advice to you individually. The attorneys who reviewed Bancroft's document templates did not review your personal facts, estate, family situation, tax position, or individual circumstances. Their work was limited to the design and review of the template framework, not the application of law to your specific situation.

You are responsible for reviewing all completed documents carefully before execution. Bancroft strongly recommends that you have a licensed attorney in your state review your completed documents prior to signing, particularly if your estate involves business interests, blended families, minor children with special needs, significant tax considerations, real property in multiple states, or any other complexity.

The inclusion of "attorney-reviewed" language in any Bancroft marketing material refers solely to the template review process described above. It does not imply that an attorney reviewed your completed, personalized documents or that any attorney-client relationship was formed in connection with your use of the platform.

Certain document categories receive an additional attorney-review step at the time of generation. Lady Bird Deeds and other documents flagged by the platform as requiring individualized attorney review are routed for review by a licensed attorney, with a separate fee disclosed at the time of generation, before the final document is released to you.

No Attorney-Client Relationship

No attorney-client relationship is formed between you and Bancroft, between you and any financial advisor deploying the Bancroft platform, or between you and any attorney who participated in reviewing Bancroft's document templates.

No communication through the Bancroft platform, including questionnaire responses, document outputs, messages to your financial advisor, or any other interaction, is protected by attorney-client privilege.

Bancroft cannot and does not maintain the confidentiality of your information under any attorney-client privilege. Information you provide through the platform may be accessible to your financial advisor, their compliance and oversight staff, Bancroft personnel, and as otherwise described in the Privacy Policy.

If you require legal advice on your specific situation, the legal effect of any document, the application of any statute, or any matter requiring the judgment of a licensed attorney, you must engage independent counsel. Bancroft can refer you to licensed estate planning counsel in your jurisdiction upon request.

Role of the Financial Advisor

The financial advisor who provides you access to the Bancroft platform does so as part of their advisory practice. Your advisor may run the platform questionnaire with you, walk you through the workflow, review your completed questionnaire and documents for completeness, flag observations about gaps or inconsistencies, and communicate with you about next steps. None of these activities constitute the practice of law.

Your financial advisor is not acting as your attorney. Your advisor does not select documents on your behalf based on your specific situation, draft legal documents for you, recommend a specific legal instrument as the right choice for your facts, or interpret the legal language of any document for you. Your advisor surfaces options and facilitates the workflow; you make every selection through the questionnaire.

If your advisor provides observations about your estate plan documents, those observations are made in the context of financial planning, not legal advice. Your advisor is not qualified to advise on the legal sufficiency of estate planning instruments, interpret legal language, or provide guidance on matters requiring a license to practice law. Where the platform flags a fact pattern as requiring attorney review, that review is performed by a licensed attorney engaged separately for that purpose, not by your advisor.

Your relationship with your financial advisor is governed separately by their engagement agreement and any applicable regulatory framework. Bancroft is not a party to that relationship and accepts no responsibility for the advice, conduct, or omissions of financial advisors who deploy the Bancroft platform.

White-Label and Branding

Advisor Firms that deploy the Bancroft platform under their own branding ("White-Label Deployment") are granted a limited, non-exclusive, non-transferable license to display their firm name, logo, and brand elements within the platform interface and on documents generated through the platform, subject to the following conditions:

(a) Advisor Firms shall not represent, imply, or suggest to any person that the Advisor Firm authored, drafted, prepared, designed, individually reviewed, recommended, or selected on the client's behalf any estate planning document generated through the Bancroft platform. Advisor Firms may accurately state that they provide access to estate planning document preparation technology and that the firm coordinates the questionnaire and document workflow.

(b) Advisor Firms shall not remove, alter, obscure, or fail to display any disclaimer, legal notice, or attribution included in documents generated through the platform or in the platform interface.

(c) Advisor Firms shall not use the white-label features of the platform in any manner that implies the Advisor Firm is a law firm, employs attorneys for the purpose of reviewing client documents, or provides legal advice through the platform.

(d) Advisor Firms shall not bill clients using line-item descriptions that suggest the Advisor Firm performed legal services, including without limitation: "will drafting," "trust drafting," "estate plan preparation," "trust structure recommendation," or "document selection on the client's behalf." Advisor Firms billing for advisor-side workflow may use line items that accurately describe the work performed (for example: "estate planning education and consultation," "questionnaire facilitation," "document workflow coordination," "annual estate planning review and maintenance").

(e) Advisor Firms shall indemnify and hold harmless Bancroft Systems LLC from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from the Advisor Firm's misrepresentation of the nature of the platform or the services provided through it, including any claim that the Advisor Firm engaged in the unauthorized practice of law in connection with documents generated through the platform.

(f) Bancroft reserves the right to revoke white-label privileges if an Advisor Firm violates any of the above conditions.

Digital Safe and Disclosure to Executors and Beneficiaries

The platform includes an encrypted storage feature (the "Digital Safe") in which you may store documents, account references, beneficiary and executor designations, emergency contacts, and related information. The Digital Safe exists so that the people you designate can locate what they need when you are incapacitated or deceased. Storing information in the Digital Safe is optional and entirely within your control.

By storing information in the Digital Safe and designating executors, beneficiaries, emergency contacts, or other recipients, you authorize Bancroft to disclose that information, in whole or in part, to a person who requests access under the disclosure process described below, and you release Bancroft from liability for any disclosure made in good faith through that process. You may change or remove your designations at any time while you have access to your account.

The disclosure process operates as follows. A person requesting access submits a request identifying themselves, their relationship to you, and the event they assert has occurred (such as death or incapacity), and may be required to provide supporting documentation. Bancroft or the Advisor Firm reviews the request and either approves or denies it. If approved, the requester receives access that is limited in scope and expires automatically after a defined period. Access may be revoked at any time. Every request, review decision, grant, and revocation is recorded in an audit trail.

Bancroft does not independently verify death, incapacity, legal authority, or the authenticity of any documentation submitted with a disclosure request. Bancroft is not a probate court, does not adjudicate competing claims among family members or purported fiduciaries, and does not determine who is legally entitled to your information. Review of a disclosure request is an administrative and good-faith process, not a legal determination. Where entitlement is disputed or unclear, Bancroft may deny the request, may require a court order or letters of authority, and may decline to act until the dispute is resolved.

Approval of a disclosure request does not transfer ownership of the underlying assets, does not confer legal authority over your estate, and does not substitute for the appointment of a personal representative, trustee, or agent under applicable law. It provides access to information only.

You should not store information in the Digital Safe that you do not want disclosed to the people you have designated. Bancroft cannot guarantee that any particular person will or will not obtain access, and you should treat the Digital Safe as a convenience for your designees rather than as a confidential repository shielded from them.

State Law and Geographic Limitations

Estate planning law is governed at the state level. Document requirements, execution formalities, witness and notarization rules, spousal rights, trust administration procedures, the legal effect of various instruments, and the definition of the unauthorized practice of law all vary significantly from state to state. State unauthorized-practice frameworks include Michigan's under MCL 450.681, Florida's under Florida Bar UPL rules and the Florida Bar v. Sperry line of cases, and the parallel statutes and case law of every other supported state.

Bancroft's document templates are designed for specific supported state jurisdictions. Using Bancroft-generated documents in a jurisdiction for which they were not designed may result in documents that are invalid, unenforceable, or legally insufficient. The platform indicates which states are supported for each document type before you begin a document.

If you own real property in multiple states, have beneficiaries residing in different jurisdictions, or have recently relocated, you should consult a licensed attorney to ensure your estate plan is valid and effective in all relevant jurisdictions.

Bancroft does not represent or warrant that any document generated through the platform complies with the laws of any particular jurisdiction or that it will be accepted by any court, financial institution, healthcare provider, or government agency.

No Guarantee of Legal Sufficiency

Bancroft does not guarantee that documents generated through the platform are legally sufficient for your purposes, will accomplish your intended estate planning goals, will be accepted by courts or third parties, or will remain valid as laws change over time.

Document templates are updated periodically to reflect changes in applicable law, but Bancroft cannot guarantee that any template reflects the most current legal requirements at the time you use the platform. Laws change. Courts interpret statutes in ways that affect document requirements. Tax laws affecting estates are subject to Congressional action.

Bancroft cannot review your answers for legal sufficiency, draw legal conclusions on your behalf, or confirm that the information you provide accurately reflects your circumstances. You are solely responsible for the accuracy and completeness of all information you enter into the platform.

Bancroft strongly recommends that all completed documents be reviewed by a licensed estate planning attorney in your state before execution.

Execution, Witnesses, and Notarization

A document that is prepared but not properly executed has no legal effect. Estate planning documents generally require specific execution formalities, including the presence of witnesses, a notary public, or both, to be valid.

Bancroft provides general guidance on execution requirements for each document type and each supported jurisdiction. This guidance is informational only and does not constitute legal advice. Execution requirements can vary based on individual circumstances, and errors in execution can render documents void.

The use of a mobile notary service, remote online notarization, or other execution assistance does not ensure that your documents are valid or that all applicable formalities have been satisfied. Bancroft accepts no responsibility for improper execution of any document generated through the platform.

When You Should Consult an Attorney

The Bancroft platform is designed to serve clients with straightforward estate planning needs. Certain situations require the individualized attention of a licensed estate planning attorney and are outside the intended scope of a document preparation platform.

You should consult a licensed attorney if any of the following apply to your situation: your estate may be subject to federal or state estate tax; you have a child or dependent with special needs who receives government benefits; you own an interest in a closely held business, partnership, or professional practice; you are going through or recently completed a divorce; you have a blended family with children from prior relationships; you have significant international assets, foreign citizenship, or non-U.S.-resident beneficiaries; a prior estate plan has been challenged or litigated; you are a beneficiary of a trust with complex provisions; you anticipate disputes among beneficiaries; you have charitable giving objectives that exceed standard charitable bequests; you have specific tax-planning objectives such as generation-skipping transfer planning, intentionally defective grantor trusts, or qualified personal residence trusts; or your situation involves any complexity that a plain-language questionnaire cannot adequately address.

Using a document preparation service like Bancroft does not eliminate the need for professional legal counsel. It is a starting point, not a substitute. Where the platform routes your fact pattern for individualized attorney review, that review is the legal-counsel step the framework contemplates; you may also engage independent counsel of your own choosing at any time.

Automation and AI-Assisted Document Generation

Bancroft's platform uses automated rule-based document generation. The platform may use artificial intelligence and machine-learning systems to support template review, intake-error detection, fact-pattern flagging, and operational workflows. The platform does not use AI to provide legal advice, draft personalized legal language for your situation, or make legal recommendations on your behalf.

Where AI or automation is used, every output that affects a generated legal document is bounded by attorney-reviewed templates and structured logic. AI does not generate novel legal language for your documents. The non-substitute-for-attorney disclosure applies to the platform output regardless of whether automation, AI, or human review was involved in producing it.

Where applicable bar opinions on AI in legal practice (including ABA Formal Opinion 512 issued July 29, 2024) impose duties on attorneys reviewing the templates Bancroft uses, those duties are addressed through Bancroft's template-review and attorney-review workflows, with the reviewing attorney exercising the supervision and verification their state bar requires.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BANCROFT AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM RELIANCE ON DOCUMENTS GENERATED THROUGH THE PLATFORM, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR FAILURE OF DOCUMENTS TO ACHIEVE INTENDED ESTATE-PLANNING OBJECTIVES.

IN NO EVENT SHALL BANCROFT'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU OR YOUR FINANCIAL ADVISOR TO BANCROFT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN FULL, AND THE LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

These limitations apply whether the claim is based in contract, tort (including negligence), strict liability, statutory liability, or any other legal theory, and whether or not Bancroft has been advised of the possibility of such damages.

Disclaimer of Warranties

THE BANCROFT PLATFORM AND ALL DOCUMENTS, TEMPLATES, AND MATERIALS GENERATED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

BANCROFT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BANCROFT DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECT WILL BE CORRECTED.

BANCROFT MAKES NO WARRANTY THAT DOCUMENTS GENERATED THROUGH THE PLATFORM WILL BE ACCEPTED BY ANY COURT, FINANCIAL INSTITUTION, HEALTHCARE PROVIDER, GOVERNMENTAL AGENCY, OR THIRD PARTY.

Billing, Cancellation, and Refund Policy

AUTOMATIC RENEWAL. Bancroft subscriptions renew automatically. When you subscribe, you are enrolled in a recurring subscription that continues until you cancel. Your payment method is charged the then-current plan price at the start of each billing period, monthly for monthly plans and annually for annual plans, on the anniversary of your subscription start date. The renewal amount, billing interval, and renewal date for your plan are displayed before you complete checkout and in your account billing page at any time. Renewal continues at the same interval unless and until you cancel.

HOW TO CANCEL. You may cancel at any time, without contacting support and without a retention call, from the billing page in your account settings. Cancellation is effective at the end of the current billing period, and you keep full access until that date. You may also cancel by emailing support@usebancroft.com from the address on your account. If you cancel, you will not be charged again after the current period ends.

PRICE CHANGES. If Bancroft changes the price of your plan, notice will be sent to the email address on your account before the change takes effect for you, and the new price will apply only to billing periods beginning after that notice. You may cancel before the change takes effect if you do not accept the new price.

BILLING DISPUTES MUST COME TO US FIRST. If you believe you have been charged in error, contact support@usebancroft.com before disputing the charge with your card issuer. You agree to raise any billing disagreement with Bancroft and to allow a reasonable opportunity to resolve it before initiating a chargeback, payment reversal, or dispute with your card issuer, bank, or payment provider. Cancellation is self-service and takes effect at the end of the current billing period; a chargeback is not a method of cancellation.

CHARGEBACKS. Initiating a chargeback, payment reversal, or dispute on a charge for services delivered is a material breach of these Terms. Upon notice of a chargeback, Bancroft may immediately suspend the account and all associated access, including access for any end users, client households, and additional seats under that account, without prior notice. Bancroft reserves the right to terminate the account and this agreement, in its sole discretion, where a chargeback is filed and not withdrawn or resolved.

Suspension takes effect on notice of the dispute and continues until the dispute is withdrawn or resolved in Bancroft's favor, at which point access is restored. Bancroft will notify the account holder by email at the address on the account when a suspension takes effect. You remain responsible for all amounts properly owed, including the disputed amount if the dispute is resolved in Bancroft's favor, together with any fees charged to Bancroft by the payment processor or card network in connection with the dispute, and any reasonable costs of collection. Bancroft may decline to reinstate, or to provide services to, an account with an unresolved or repeated chargeback history.

Nothing in this section limits any right you have under applicable law, including any right to dispute a transaction you did not authorize. This section governs disputes of charges for services delivered under these Terms.

Bancroft subscriptions are billed monthly or annually, depending on the plan selected at checkout. All fees are non-refundable. There are no refunds for partial months, partial years, unused time, or any other reason. This applies to all subscription tiers (Advisor, Growth, Firm, and Enterprise) and to all billing intervals (monthly and annual).

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. You retain full access to the platform until that date. After the billing period ends, your subscription is not renewed and platform access is suspended.

Annual subscriptions are billed in full at the start of the annual term. If you cancel an annual subscription mid-term, you retain access through the end of the paid annual period. No prorated refund or credit is issued for the remaining months.

Add-on service fees (deed recording, attorney review, Lady Bird Deed review) are non-refundable once the service has been initiated. Amendments and restatements are free on every plan.

For multi-advisor Firm and Enterprise subscriptions, seat additions and removals are prorated. Adding a seat mid-billing-cycle charges the prorated amount for the remainder of the cycle. Removing a seat mid-cycle applies a prorated credit to the next invoice.

Plan changes (upgrades or downgrades between the Advisor, Growth, and Firm tiers) are also prorated. Upgrading mid-cycle charges the prorated difference for the remainder of the current period; downgrading mid-cycle applies the prorated credit to the next invoice. The new plan price takes effect immediately on upgrade and at the end of the current period on downgrade. Seat and plan-change proration are the only forms of billing adjustment available; no other form of refund or credit is issued.

Bancroft may, in its sole discretion, issue a refund or account credit in an individual case (for example, a duplicate charge, a billing error, or a service failure). Any such refund or credit is voluntary, applies only to the specific charge addressed, and does not waive, modify, or create an ongoing entitlement to refunds under this section or any course of dealing.

Bancroft does not offer money-back guarantees or satisfaction guarantees. Bancroft does not offer free trials of paid subscription tiers. Where Bancroft makes a limited free or promotional offer (such as a free-plan entitlement covering a capped number of finalized documents, or a founding-advisor or beta arrangement), that offer is governed by the terms disclosed with it, including any usage cap and expiration date, and confers no right to refund or continued access after it ends. By subscribing, you agree to these billing terms.

Indemnification

You agree to indemnify, defend, and hold harmless Bancroft, its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or related to: your use of the platform; any documents you generate, execute, or distribute using the platform; your violation of these terms or any applicable law; your failure to obtain independent legal counsel when warranted; or any claim by a third party arising from your use of the platform or the estate planning documents generated through it.

This indemnification obligation survives the termination of your account and any cancellation of your subscription.

Acceptance of These Terms

You accept these Disclosures, Terms of Use, and Legal Notices ("Terms") when you create an account, when you check the acceptance box during signup linking to this page, when you click any acceptance button presented in the platform, when you continue to use the platform after a posted update to these Terms, or when your authorized representative does any of the foregoing on your behalf.

Your acceptance is recorded by Bancroft with a timestamp, IP address, the version of the Terms accepted (identified by the "Last updated" date displayed at the bottom of this page), and the user identifier of the account that accepted them. This record is retained for evidentiary purposes.

If you do not agree to these Terms, you must not use the Bancroft platform, must not generate any document through the platform, and must not provide any information through the platform questionnaire. Continued use of the platform after a posted update to these Terms constitutes acceptance of the updated Terms.

Governing Law and Venue

These Terms and any dispute arising out of or related to these Terms, the Bancroft platform, or your use of the platform shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict-of-laws principles. Where a federal claim arises, federal law shall apply to that claim.

Subject to the dispute resolution and arbitration provisions below, you and Bancroft consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Michigan for any dispute that proceeds in court rather than in arbitration. You waive any objection to such jurisdiction or venue based on inconvenient forum or any similar doctrine.

Nothing in this section limits any state-law right that cannot be waived by contract under the law of your state of residence, including consumer-protection rights specific to your jurisdiction.

Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for claims that may be brought in small-claims court for amounts within the small-claims jurisdictional limit, and except for claims for injunctive or equitable relief to protect Bancroft's intellectual property or confidential information, any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Bancroft platform shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with the AAA Consumer Arbitration Rules then in effect.

The arbitration shall be conducted by a single arbitrator. The arbitration shall be conducted in English. The seat of arbitration shall be in the State of Michigan, although the parties may agree to conduct the arbitration by videoconference or other remote means. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Before initiating arbitration, the party with a dispute shall provide the other party with written notice of the dispute, a description of the claim, and the relief sought. The parties shall use good-faith efforts to resolve the dispute through informal negotiation for a period of sixty (60) days following receipt of the notice before either party initiates arbitration.

The Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration provision. If any portion of this arbitration provision is held to be invalid or unenforceable, the remainder of the provision shall remain in full force and effect, and the invalid or unenforceable portion shall be modified to the minimum extent necessary to render it enforceable. If the class-action-waiver provision below is held to be invalid or unenforceable, the entirety of this arbitration provision shall be deemed null and void, and the dispute shall proceed in court under the Governing Law and Venue provision above.

Class Action Waiver

You and Bancroft agree that any dispute resolution proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate as a class member or representative in any class action, mass action, collective action, or representative proceeding against Bancroft.

Neither you nor Bancroft shall be entitled to consolidate any claim with the claim of any other person, to arbitrate or litigate any claim as a class action or in a representative capacity, or to seek class-wide or representative relief on behalf of others.

If a court of competent jurisdiction holds this class-action waiver to be invalid or unenforceable with respect to a particular claim, that claim shall be severed from the arbitration provision and shall proceed in court, but the arbitration provision and class-action waiver shall remain in full force and effect with respect to all other claims.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to render it enforceable, or, if it cannot be so modified, severed from these Terms. The remaining provisions shall continue in full force and effect.

The invalidity or unenforceability of any provision in any jurisdiction shall not affect the validity or enforceability of any other provision in any other jurisdiction.

Entire Agreement

These Terms, together with the Bancroft Privacy Policy and any subscription order, plan-tier agreement, or written amendment between you and Bancroft, constitute the entire agreement between you and Bancroft regarding your use of the Bancroft platform and supersede all prior or contemporaneous understandings, communications, or agreements, whether written or oral, on the subject matter hereof.

No oral statements or representations by any Bancroft personnel, financial advisor, or other party shall modify these Terms. Modifications to these Terms shall be effective only if posted to this page or delivered in a writing signed by an authorized officer of Bancroft.

Force Majeure

Bancroft shall not be liable for any failure or delay in performance under these Terms to the extent the failure or delay is caused by circumstances beyond Bancroft's reasonable control, including without limitation acts of God, natural disasters, pandemics, public-health emergencies, war, terrorism, civil unrest, government action, labor disputes, supplier failures, internet or telecommunications outages, third-party service-provider failures, denial-of-service attacks, or other infrastructure failures not within Bancroft's direct control.

In the event of a force-majeure event that materially affects Bancroft's ability to operate the platform, Bancroft will use commercially reasonable efforts to notify users, mitigate the impact, and resume normal operations.

Assignability

You may not assign or transfer these Terms or any of your rights or obligations under them, by operation of law or otherwise, without Bancroft's prior written consent. Any attempted assignment or transfer in violation of this section shall be null and void.

Bancroft may assign or transfer these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, reorganization, sale of assets, or other corporate transaction. These Terms shall be binding upon and inure to the benefit of the parties' respective successors and permitted assigns.

Survival of Provisions

The provisions of these Terms that by their nature should survive termination shall survive any expiration, cancellation, or termination of your account or subscription, including without limitation: the Nature of Service, Document Preparation Framework, No Attorney-Client Relationship, Limitation of Liability, Disclaimer of Warranties, Indemnification, Governing Law and Venue, Dispute Resolution and Arbitration, Class Action Waiver, Severability, and any other provision that by its terms or its nature is intended to survive.

Notices

Notices to Bancroft regarding these Terms, including notices initiating the dispute-resolution process described above, shall be sent in writing to: Bancroft Systems LLC, attention Legal Notices, via email to support@usebancroft.com with the subject line "Legal Notice — [your account name]," or via U.S. mail to the address designated by Bancroft for legal notices upon request.

Notices to you regarding these Terms may be delivered to the email address associated with your account, posted to this page, posted within the platform, or sent to the postal address you have provided. Notices delivered by email or platform notification shall be deemed received on the date of transmission.

Privacy and Data

Information you provide through the Bancroft platform, including sensitive personal, financial, and family information, is handled in accordance with the Bancroft Privacy Policy. You should review the Privacy Policy carefully before using the platform.

Your financial advisor and their firm may have access to information you provide through the platform. Review your advisor's privacy practices and engagement agreement to understand how your information is used in connection with their services.

Bancroft uses commercially reasonable security measures to protect your data. However, no system is completely secure, and Bancroft cannot guarantee the security of information transmitted through the platform.