Terms of Use and Service

Welcome to www.thefolder.com and related websites and mobile applications (collectively, the "Website"), owned and operated by The Folder, Inc. ("The Folder," "the Company," "we," "us," or "our"). All references to the Website include this URL, any micro-sites, and any other websites or pages owned or operated by the Company. All references to the Company include the Company's affiliates. This Agreement also governs The Folder's mobile message service.

Please read this Terms of Use and Service ("this Agreement" or "these Terms") carefully before using this Website or our Services (defined below).

THIS AGREEMENT IS A LEGALLY BINDING CONTRACT. YOUR ACCESS TO OR USE OF THIS WEBSITE OR OUR SERVICES IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS, WITHOUT MODIFICATION. BY CREATING AN ACCOUNT OR USING THIS WEBSITE OR OUR SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND THE FOLDER PRIVACY POLICY (www.thefolder.com/privacy). IF YOU DO NOT AGREE, YOU MUST NOT USE THIS WEBSITE OR OUR SERVICES. YOU SHOULD DOWNLOAD AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

1. Definitions

The following terms have the meanings set forth below. Additional defined terms appear throughout this Agreement.

• "Access Right" has the meaning set forth in Section 3.
• "Annual Review" means the periodic estate plan review feature offered through the Services.
• "Authorized User" means any individual to whom a Primary User has granted access to their Folder Account. Authorized Users may include, by way of example: a spouse or partner, an adult child or other family member, a trustee or successor trustee, an executor, an agent under a power of attorney, a healthcare agent, a beneficiary, an accountant, a financial or wealth advisor, an insurance advisor, or an attorney. The Primary User decides who receives access.
• "Company IP Assets" has the meaning set forth in Section 4.
• "Content" or "Document Content" means any data, documents, information, text, images, or other material uploaded to or through the Website or Services by a User, including wills, trusts, powers of attorney, healthcare directives, beneficiary designations, financial account details, and related estate planning materials.
• "Family User" or "Primary User" means any individual who creates a Folder Account to store, manage, and share their personal estate planning documents, whether enrolling directly or through a Sponsoring Firm.
• "Firm User" or "Professional User" means any law firm, attorney, financial advisor, or other professional organization, and their authorized staff, accessing The Folder under a separate Master Services Agreement or Software License Agreement ("Firm Agreement").
• "Folder Account" has the meaning set forth in Section 6.
• "The Folder Privacy Policy" means the Company's privacy policy located at www.thefolder.com/privacy, as amended from time to time, incorporated herein by reference.
• "Services" means all features, tools, and services made available by the Company through the Website or any associated application, including document storage, AI-assisted processing and plain-language summaries, Annual Review tools, access sharing features, and all related functionality.
• "Sponsoring Firm" means a participating law firm, financial advisory firm, or other authorized professional organization that has entered into a Firm Agreement with the Company and that may pay subscription fees on behalf of a Family User.
• "Update Data" means information a Primary User provides regarding life events or changes that may affect their estate plan.
• "User," "you," or "your" means any visitor, registrant, purchaser, or other person accessing or using the Website or Services in any capacity, including Primary Users, Authorized Users, and, where not otherwise governed by a Firm Agreement, Firm Users.

2. User Types and Governing Agreements

2.1 Primary Users (Family Users)

Primary Users are individuals who register directly on the Website or who are enrolled through a Sponsoring Firm. Primary Users are fully subject to this Agreement regardless of how they were introduced to The Folder.

2.2 Authorized Users

A Primary User may, at their own option and discretion, grant access to their Folder Account to Authorized Users. Authorized Users are bound by this Agreement in full. The Primary User is solely and exclusively responsible for all decisions about who receives access, at what permission level, and for how long. Section 8 governs User Access Sharing in full.

2.3 Firm Users and Professional Users

Firm Users accessing The Folder under a Firm Agreement are governed by that Firm Agreement. To the extent any conflict exists between this Agreement and a Firm Agreement, the Firm Agreement controls for that Firm User with respect to the conflicting subject matter. Firm Users remain subject to all provisions of this Agreement not expressly addressed by their Firm Agreement.

Primary Users enrolled through a Sponsoring Firm are not Firm Users and are governed by this Agreement in full.

2.4 No Modification by User Type

A User's status as a Primary User, Authorized User, or Firm User does not modify, limit, or waive any provision of this Agreement except as expressly provided herein or in a separately signed Firm Agreement.

3. Access; Conditions of Use

3.1 Grant of Access Right

Subject to all terms of this Agreement, the Company grants each User a non-exclusive, revocable, limited right to access and use this Website and the Services in strict compliance with this Agreement ("Access Right"). The Company reserves the right to suspend or revoke this Access Right at any time in its sole discretion, with or without notice. The Access Right terminates immediately upon expiration, cancellation, or termination of this Agreement.

3.2 User Responsibilities

Users are responsible for obtaining and maintaining all equipment and services needed to access the Website. Users are solely responsible for the uploading and updating of their Content.

3.3 Prohibited Uses

As a condition of use, each User agrees they will not:

• Use the Website or Services for any unlawful purpose or in any manner prohibited by this Agreement;
• Damage, disable, overburden, or impair this Website or any Company server, or interfere with any other party's use;
• Upload or transmit any Content that is unlawful, defamatory, harassing, obscene, invasive of privacy, or otherwise objectionable;
• Upload or transmit any Content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Distribute unsolicited promotions, advertising, spam, or solicitations;
• Use the Website for any illegal purpose or fraudulent scheme;
• Use any document obtained through the Services to solicit business for pecuniary gain;
• Attempt to probe, scan, or test the vulnerability of any system or network, or breach any security or authentication measures without authorization;
• Access data not intended for you or log into a server or account you are not authorized to access.

3.4 User Content Grant

By uploading Content to the Website, you grant the Company a perpetual, worldwide, transferable, fully paid-up right to use that Content solely to: (i) provide and improve the Website and Services, including AI-assisted processing as described in Section 9; (ii) assist with or coordinate any claims arising from use of the Website; and (iii) carry out the Company's business operations. This grant does not transfer ownership of your Content to the Company.

3.5 User Representations Regarding Content

By uploading any Content, you represent and warrant that you have the lawful right to upload, distribute, and share that Content. You are solely responsible for all Content you upload or transmit through the Website.

3.6 Company's Right to Refuse or Limit

The Company reserves the right to refuse any order, limit quantities, or restrict access in its sole discretion. The Company may immediately terminate, without warning, any account it believes has violated any provision of this Agreement.

4. Copyrights, Trademarks, and Intellectual Property

4.1 Company Ownership

The Company and its licensors own all right, title, and interest in and to all trademarks, service marks, logos, trade names, and all content included on or made available through the Website or Services, including text, graphics, logos, icons, scripts, images, audio clips, digital downloads, and data compilations (collectively, "Company IP Assets"). Company IP Assets are protected by United States and international copyright, patent, trademark, and other intellectual property laws.

4.2 User Content Ownership

When you upload documents to the Website or through the Services, The Folder does not gain any ownership interest in those documents. You represent and warrant that you own or have the right to use any material you upload.

4.3 No Grant of Rights

This Agreement grants Users no rights in or to Company IP Assets except for the limited Access Right in Section 3. Users may not modify, disassemble, decompile, reverse translate, or create derivative works from any Company IP Assets.

4.4 Confidentiality of IP

Users agree to keep strictly confidential all Company IP Assets that have not been made publicly available by the Company. This obligation survives the termination or expiration of this Agreement.

4.5 DMCA

The Folder complies with the Digital Millennium Copyright Act ("DMCA"). DMCA notices should be directed to The Folder's designated agent via email at support@thefolder.com or via registered U.S. mail, return receipt requested, to: DMCA Compliance Agent, The Folder, Inc., 2545 Myrtle Avenue, Hermosa Beach, CA 90254.

5. Privacy and Data Security

5.1 Privacy Policy

Your use of the Website and Services is subject to The Folder Privacy Policy, located at www.thefolder.com/privacy, incorporated into this Agreement by reference. By using the Website or Services, you agree to the terms of The Folder Privacy Policy as it may be amended from time to time.

5.2 Sensitive Information

The Folder handles highly sensitive personal and financial information — including wills, trusts, powers of attorney, healthcare directives, beneficiary designations, and financial account details. By creating a Folder Account and uploading your documents, you consent to the collection and use of this sensitive information as described in this Agreement and The Folder Privacy Policy. We use your sensitive information only to provide the Services and share it with the people you authorize. We do not sell your personal information and do not use it for advertising or marketing profiling.

5.3 User Responsibility for Login Credentials

You are solely responsible for maintaining the confidentiality of your login credentials. You are responsible for all uses of your credentials, whether authorized or unauthorized. You must immediately notify The Folder at support@thefolder.com of any unauthorized use of your account or any suspected security breach. The Folder is not liable for any loss or damage arising from your failure to protect your credentials.

5.4 Company Security Measures

The Folder maintains a combination of technical, physical, and organizational safeguards to protect your information, including: encryption of your documents and sensitive information in transit and at rest; access controls limiting access to authorized personnel; multi-factor authentication for account access; and regular security reviews of our systems and service providers, including our AI providers. We do not store full payment card numbers; payments are handled by a secure, industry-compliant payment processor.

No system can be guaranteed perfectly secure. If a security incident affects your personal information, we will notify you as required by applicable law. The Folder is not responsible for security incidents that result from your own actions, including sharing login credentials, using weak passwords, or granting account access to unauthorized individuals.

5.5 Children

The Folder is not intended for children under the age of 13. We do not knowingly collect personal information directly from children under 13. If you believe a child under 13 has provided information to us, please contact us at support@thefolder.com and we will delete it. Estate planning documents sometimes name minor children as beneficiaries; where your documents include information about minors, we treat that information as sensitive and use it only to provide the Services.

6. Purchase of Services; Folder Accounts

6.1 Registration

To use the Services, you must register and create a Folder Account through the Website. By registering, you agree to provide accurate, complete, and current information — including your legal name and email address — and to maintain the accuracy of that information throughout your use of the Services.

6.2 Annual Subscription and Billing

The Folder offers subscription-based access to its Services billed on an annual basis. By subscribing, you authorize The Folder to charge your designated payment method for the full annual subscription fee at the start of each subscription term. Unless you cancel before the renewal date, your subscription automatically renews for successive annual terms and you authorize The Folder to charge your payment method for each renewal.

The Company reserves the right to change subscription pricing with reasonable advance notice prior to any renewal. If you do not agree to a pricing change, you may cancel before the renewal date.

6.3 No-Refund Policy

ALL SUBSCRIPTION FEES ARE BILLED ANNUALLY AND ARE NON-REFUNDABLE.

There are no prorated refunds for unused portions of a subscription term, whether upon cancellation by you or termination by the Company. Upon cancellation, you retain access to your Folder Account through the end of the then-current paid annual term, after which access will cease.

The Folder reserves the right, in its sole and absolute discretion, to issue a full or partial refund in exceptional circumstances. The issuance of any refund in any one case does not create any obligation, right, or precedent for a refund in any other case. Refunds are a Company decision only and are never a User right.

6.4 Third-Party Billing by a Sponsoring Firm

In certain cases, a Sponsoring Firm may pay the annual subscription fee on behalf of a Primary User. Where a Sponsoring Firm is paying:

• Your Folder Account will reflect that the annual subscription has been paid by the Sponsoring Firm and will identify the Sponsoring Firm as the payor for the applicable subscription year(s).
• You acknowledge that the Sponsoring Firm's obligation to pay on your behalf may terminate at any time, for any reason, and that The Folder is not responsible for any change in a Sponsoring Firm's payment obligations.
• If a Sponsoring Firm ceases to pay on your behalf, The Folder will provide you with at least thirty (30) days' advance written notice to your registered email address before suspending access to your Folder Account.
• Following that notice, you will have the option to convert to a direct-pay subscription at the then-current annual rate. If you do not convert before the end of the notice period, access to your Folder Account will be suspended.
• You are responsible for maintaining a current, accurate email address in your Folder Account to ensure receipt of any such notice.

By accepting enrollment through a Sponsoring Firm, you expressly acknowledge that: (i) the Sponsoring Firm is paying on your behalf as a service, not as a permanent obligation; and (ii) you may bear direct financial responsibility for the Services in the future.

6.5 Payment Information

When making a purchase, you must provide accurate and complete payment information. You represent and warrant that your use of any payment method is authorized and legal. Payment data is transmitted to our third-party payment processor and is subject to that processor's terms and privacy policy.

6.6 Promotion and Discount Codes

Only one promotion code may be used per order. Promotion codes may not be combined, applied to previous purchases, or redeemed for cash. They are non-transferable and must be used by any published expiration date. Personal discount codes issued by the Company are non-transferable and may not be combined with any other offer.

6.7 Account Closure by User

You may close your Folder Account at any time by canceling your subscription through the Website or by sending a written request to support@thefolder.com. Closing your account does not entitle you to any refund under Section 6.3.

6.8 Company's Right to Close Accounts

The Folder may disable or terminate any Folder Account at any time upon: (i) your breach of any terms of this Agreement or The Folder Privacy Policy; (ii) the Company's exercise of its termination rights under Section 13; or (iii) any other event described in The Folder Privacy Policy.

7. Not Legal Advice

THE FOLDER IS A TECHNOLOGY PLATFORM THAT PROVIDES DOCUMENT STORAGE, MANAGEMENT, AND AI-ASSISTED INFORMATION TOOLS. NOTHING ON THE WEBSITE, IN THE SERVICES, OR IN ANY AI-GENERATED OUTPUT CONSTITUTES LEGAL ADVICE, A LEGAL OPINION, OR A LEGAL CONCLUSION OF ANY KIND. NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED BETWEEN THE FOLDER AND ANY USER BY VIRTUE OF YOUR USE OF THE WEBSITE OR SERVICES.

Estate planning is a legal matter with significant personal, financial, and tax implications. THE FOLDER STRONGLY ENCOURAGES ALL USERS TO WORK WITH A LICENSED ESTATE PLANNING ATTORNEY FOR ALL LEGAL MATTERS. You should not rely on The Folder or any content generated through the Services as a substitute for qualified legal counsel.

Where you access The Folder through a participating Sponsoring Firm, that firm — not The Folder — is your attorney and legal services provider. The Folder's tools and features supplement, and do not replace, the legal services provided by your firm or any other attorney you engage. GIVEN THE CRITICAL NATURE OF ESTATE PLANNING DOCUMENTS, THE FOLDER URGES ALL USERS TO CONSULT LICENSED LEGAL COUNSEL BEFORE EXECUTING, ADAPTING, OR RELYING ON ANY DOCUMENT.

8. User Access Sharing and Post-Death Access

8.1 Voluntary Access Sharing

Primary Users may, entirely at their own option and discretion, grant access to their Folder Account to Authorized Users. The Folder provides the technical means to configure such access; all decisions to grant, limit, modify, or revoke access are solely and exclusively yours.

By granting access to any Authorized User, you:

• Accept sole and exclusive responsibility for that decision and all consequences arising from it;
• Acknowledge that The Folder is not responsible for any harm, financial loss, misuse of documents, unauthorized actions, or any other damages arising from your decision to grant access to any Authorized User;
• Agree that any action taken within your Folder Account by an Authorized User — including viewing, downloading, copying, or sharing documents — is deemed to have been authorized by you;
• Acknowledge that The Folder has no obligation to monitor, restrict, audit, or reverse the actions of any Authorized User once access has been granted.

THE FOLDER IS NOT LIABLE FOR ANY DAMAGES, LOSSES, OR CLAIMS OF ANY KIND ARISING FROM YOUR DECISION TO SHARE ACCESS TO YOUR FOLDER ACCOUNT WITH ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF THE NATURE OF THE HARM, INCLUDING BUT NOT LIMITED TO FINANCIAL HARM, IDENTITY THEFT, MISAPPROPRIATION OF ASSETS, OR MISUSE OF ESTATE PLANNING DOCUMENTS.

8.2 Keeping Access Current

You are responsible for reviewing and updating access rights when your circumstances change — including after a divorce, a death in the family, a change of advisors, or the removal of a trustee or executor. The Folder will not modify or remove anyone's access unless you make that change through your Folder Account. You may revoke any Authorized User's access at any time through your account settings. The Folder is not responsible for any actions taken by an Authorized User prior to revocation, or for any Content accessed prior to revocation.

8.3 Authorized Users' Responsibilities

By accepting an invitation to access a Folder Account, each Authorized User acknowledges that: their access may be revoked at any time by the Primary User; the information they access is confidential; they will not use it against the Primary User's interests; and they are solely responsible for their own actions with that information. The Folder will not mediate disputes between Primary Users and their Authorized Users except as required by law.

8.4 Post-Death Access

In the event of the death of a Primary User, access to that Folder Account may be requested by a legally authorized representative of the User's estate or trust. To obtain post-death access, the requesting party must submit to The Folder:

• A certified copy of the decedent's death certificate; and
• Documentation establishing the requesting party's legal authority to access the decedent's account, which may include Letters Testamentary, Letters of Administration, a Certification of Trust, or such other documentation as The Folder may require in its sole discretion.

The Folder reserves the right to require additional documentation before granting post-death access, and to deny access if not satisfied that the requesting party has legal authority to do so. The Folder will not be liable for delays in granting access pending verification, or for any harm arising from its decision to grant or deny access to any requesting party.

8.5 No Obligation to Monitor

The Folder has no obligation to monitor any Folder Account for suspicious activity, unauthorized access, or misuse. The provision of access sharing features does not create any duty of oversight or supervision on The Folder's part.

9. Artificial Intelligence and Automated Processing

9.1 AI Is Core to the Services

The Folder uses artificial intelligence, machine learning, and automated processing technologies ("AI Tools") as a core and integral component of its Services. AI Tools are used to process, analyze, summarize, organize, and generate plain-language descriptions and insights regarding documents uploaded through the platform. AI processing is not optional — it is fundamental to delivering the Services. By using the Services, you expressly consent to AI-assisted processing of your documents and data as described in this Agreement and The Folder Privacy Policy. If you do not consent to AI processing, you must not use the Services.

9.2 What AI Works With

AI Tools process your Document Content and Update Data to create plain-language summaries, power Annual Review features, and help identify changes that may affect your estate plan. To protect your most sensitive identifiers, we take steps to mask or remove information such as Social Security numbers and full financial account numbers before your Content is processed by AI, where reasonably possible.

9.3 AI Provider Obligations

We use third-party AI service providers to power certain features. Those providers act solely as our service providers under strict contracts that: prohibit them from using your information to train, fine-tune, or improve their AI models; prohibit them from selling or sharing your information; and require deletion of your information when no longer needed to perform the service. A current list of our AI providers is available upon request by contacting support@thefolder.com.

9.4 AI Outputs Are Informational Only — Not Legal Advice

ALL AI-GENERATED SUMMARIES, ANALYSES, DESCRIPTIONS, RECOMMENDATIONS, AND OTHER OUTPUTS ARE PROVIDED FOR INFORMATIONAL AND ORGANIZATIONAL PURPOSES ONLY. THEY DO NOT CONSTITUTE LEGAL ADVICE, LEGAL OPINIONS, OR LEGAL CONCLUSIONS OF ANY KIND. AI OUTPUTS ARE NOT A SUBSTITUTE FOR THE ADVICE OF A LICENSED ATTORNEY. SEE SECTION 7 FOR THE COMPLETE NOT LEGAL ADVICE DISCLAIMER.

9.5 AI Outputs May Contain Errors

AI-generated content may be incomplete, inaccurate, or may not reflect recent changes in applicable law or regulations. The Folder makes no representations or warranties regarding the accuracy, completeness, reliability, or timeliness of any AI-generated content. You should independently verify all AI-generated content with a qualified legal professional before relying on it.

9.6 Human Oversight

AI outputs are informational tools, not decision-making instruments. No legal decision — including whether your estate plan should change — is made by AI alone. Those decisions are always made by you and your attorney.

9.7 No Professional Relationship Created by AI

The use of AI Tools by The Folder does not create any professional relationship — including any attorney-client, fiduciary, financial advisory, or medical relationship — between The Folder and any User. The Folder is a technology company, not a law firm, financial advisor, or professional services provider.

10. Disclaimer of Warranties

THE WEBSITE, COMPANY IP ASSETS, THE SERVICES, AND ALL CONTENT PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. THE FOLDER EXPLICITLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT.

NEITHER THE COMPANY, ITS AFFILIATES, NOR ANY PERSON ASSOCIATED WITH THEM MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, THE SERVICES, OR ANY AI-GENERATED CONTENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Limitation of Liability

REGARDLESS OF THE FORM OF ACTION — WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE — IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS, CONTENT PROVIDERS, OR ANY OF THEIR DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE "COMPANY GROUP") BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, THE SERVICES, COMPANY IP ASSETS, OR THEIR CONTENT — INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

WITHOUT LIMITING THE FOREGOING, THE COMPANY GROUP WILL NOT BE LIABLE FOR:

• ANY DAMAGES ARISING FROM YOUR DECISION TO SHARE YOUR FOLDER ACCOUNT ACCESS WITH ANY AUTHORIZED USER OR THIRD PARTY, REGARDLESS OF THE NATURE OR EXTENT OF THE HARM;
• ANY FINANCIAL LOSS, MISAPPROPRIATION OF ASSETS, IDENTITY THEFT, OR OTHER HARM RESULTING FROM THE ACTIONS OF ANY AUTHORIZED USER OR THIRD PARTY TO WHOM YOU GRANTED ACCESS;
• ANY HARM ARISING FROM YOUR RELIANCE ON AI-GENERATED CONTENT, SUMMARIES, OR ANALYSES PROVIDED THROUGH THE SERVICES;
• ANY HARM ARISING FROM YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR LOGIN CREDENTIALS;
• ANY HARM ARISING FROM POST-DEATH ACCESS DECISIONS, INCLUDING DECISIONS TO GRANT OR DENY ACCESS TO ANY REQUESTING PARTY;
• ANY HARM ARISING FROM A SPONSORING FIRM'S DECISION TO CEASE PAYMENT ON YOUR BEHALF, PROVIDED THE COMPANY HAS DELIVERED NOTICE AS REQUIRED BY SECTION 6.4.

THE COMPANY GROUP'S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF FORM OR CAUSE OF ACTION, WILL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY THE APPLICABLE USER TO THE COMPANY IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. WHERE A SPONSORING FIRM PAID FEES ON BEHALF OF A PRIMARY USER, THOSE FEES COUNT TOWARD THIS CAP FOR THAT PRIMARY USER'S CLAIMS.

11.1 Indemnification

You agree to defend, indemnify, and hold harmless the Company Group from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to: (i) your violation of this Agreement; (ii) your use of the Website, Services, or Content; (iii) any actions taken by Authorized Users to whom you granted access; or (iv) any third-party claim arising from Content you uploaded.

12. Dispute Resolution

12.1 Governing Law

The laws of the State of California, excluding its conflict-of-laws rules, govern this Agreement, The Folder Privacy Policy, and all disputes arising out of or related to this Agreement or the Services.

12.2 Mandatory Binding Arbitration

ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE FOLDER PRIVACY POLICY, OR YOUR USE OF THE WEBSITE OR SERVICES — WHETHER BASED IN TORT, STATUTE, FRAUD, CONTRACT, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER THE CLAIM ARISES DURING OR AFTER THE TERMINATION OF THIS AGREEMENT — WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR, NOT IN A COURT. YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION. THIS ARBITRATION PROVISION SURVIVES TERMINATION OF THIS AGREEMENT.

Arbitration will be administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules, as modified by this Agreement. AAA rules and forms are available at www.adr.org. The arbitrator is bound by the terms of this Agreement and must apply substantive law regarding damages as if the matter were brought in court. Any in-person arbitration hearing will take place in Los Angeles, California. Each party shall bear its own costs and attorneys' fees.

12.3 Arbitration Process

Before commencing arbitration, the initiating party must send a written Notice of Claim by certified mail, describing the nature and basis of the claim and the specific relief sought. Notices to The Folder should be addressed to: The Folder, Inc., Attn: Legal, 2545 Myrtle Avenue, Hermosa Beach, CA 90254. If the parties do not resolve the claim within thirty (30) days of the Notice being received, either party may commence arbitration or, where eligible, file in small claims court.

12.4 Exceptions to Arbitration

Nothing in this Agreement prevents either party from: (a) bringing an individual action in small claims court; (b) pursuing an enforcement action through an applicable federal, state, or local agency; (c) seeking injunctive relief in a court of law to prevent irreparable harm; or (d) filing suit in a court of law to address an intellectual property infringement claim.

12.5 No Class Actions

YOU AND THE FOLDER AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

If this class action waiver is found unenforceable, the entirety of this arbitration provision shall be null and void, and exclusive jurisdiction shall lie in the state or federal courts in Los Angeles, California.

12.6 Informal Dispute Resolution

We are committed to resolving issues in good faith. If you experience a problem with the Services, please contact us first at support@thefolder.com. We will endeavor to respond within three (3) business days.

13. Termination

The Company may terminate this Agreement, or suspend or terminate your access to the Website or Services (including closing your Folder Account and any associated Content), for any reason or no reason, at any time in its sole discretion, with or without notice, effective immediately. Termination may result in the forfeiture and deletion of all information or Content associated with your account.

In the event of termination for any reason, you remain bound by your obligations under this Agreement, including all representations and warranties, disclaimers, indemnification obligations, and limitations of liability. The Company will not be liable to you or any third party for any termination of your access. No refunds will be issued upon termination except in the Company's sole discretion as described in Section 6.3.

14. Links to Third-Party Websites

This Website may contain links to third-party websites provided for convenience only. The Company has no control over third-party websites and is not responsible for their content, privacy practices, or terms of use. If you access a third-party website linked from this Website, you do so entirely at your own risk and subject to that website's own policies.

15. Miscellaneous Provisions

15.1 Entire Agreement; Waiver; Severability

This Agreement, together with The Folder Privacy Policy and any applicable Firm Agreement, constitutes the entire agreement between the Company and each User with respect to the subject matter hereof and supersedes all prior agreements. The Company's failure to enforce any right or provision will not be deemed a waiver. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.

15.2 Remedies

You acknowledge that monetary damages may not be a sufficient remedy for unauthorized use of the Website or Services, and agree that the Company is entitled to seek injunctive or equitable relief without the necessity of posting a bond or proving the lack of an adequate remedy at law.

15.3 Attorneys' Fees

If any suit or action is filed to enforce this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees as fixed by the court of competent jurisdiction, including on appeal.

15.4 Assignment

You may not assign this Agreement, in whole or in part, without the prior written consent of the Company. Any purported assignment in violation of this Section is void. The Company may assign this Agreement or any part of it in its sole discretion to any party.

15.5 Modifications to This Agreement

The Company reserves the right to modify this Agreement, The Folder Privacy Policy, or any other Company policy at any time in its sole discretion. If we make a material change — such as a change to how we use your documents, how we use AI, or how information is shared with your firm — we will provide advance notice by email or through The Folder at least 30 days before the change takes effect, where required by applicable law. All other modifications take effect immediately upon posting on the Website.

YOUR CONTINUED ACCESS TO OR USE OF THE WEBSITE OR SERVICES AFTER ANY MODIFICATION IS POSTED CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT.

You should regularly review this Agreement and save a copy for your records.

15.6 How You Agree to These Terms; Records of Acceptance

These Terms are presented to every User at the time they create a Folder Account, regardless of how they are introduced to The Folder. There are three ways a Folder Account may be created:

• Direct Registration (Family Users): A Family User visits the Website and creates an account directly by providing their email address and creating a password.
• Firm-Initiated Enrollment (Family Users): A Sponsoring Firm sends an invitation link to a prospective Family User. That link directs the recipient to a password setup or account creation screen on the Website. Sponsoring Firms that have entered into a License and Services Agreement or other Firm Agreement with The Folder are contractually required to ensure that all clients complete this step and agree to these Terms and The Folder Privacy Policy before being granted access to the Software.
• Firm Staff Account Creation (Firm Users): Individual attorneys, advisors, administrators, and other authorized staff of a Sponsoring Firm create login credentials through a firm-specific account setup screen on the Website, either by self-registration or through provisioning by their firm administrator.

In all three cases, the account creation or password setup screen displays a clear notice with links to these Terms and The Folder Privacy Policy. The notice shown to Family Users states: "By creating your account, you agree to The Folder's Terms of Use and Privacy Policy." The notice shown to Firm Users states: "By creating your account, you agree to The Folder's Terms of Use and Privacy Policy. Your firm has entered into a separate License and Services Agreement with The Folder that also governs your use of the platform."

Completion of the account creation or password setup step — regardless of which path a User followed to reach that step — constitutes that User's express, individual agreement to be bound by these Terms and The Folder Privacy Policy in full. No separate signature or affirmative checkbox is required.

15.6.1 Family Users

Family Users who create accounts through either of the first two paths above are governed by these Terms in their entirety. These Terms constitute the complete agreement between The Folder and each Family User with respect to the subject matter hereof, supplemented only by The Folder Privacy Policy.

15.6.2 Firm Users

Firm Users are governed by two overlapping instruments: (i) the License and Services Agreement or other written Firm Agreement executed between The Folder and the Sponsoring Firm (the "Firm Agreement"), which is the primary governing document for the B2B relationship between The Folder and the Sponsoring Firm as an entity; and (ii) these Terms, which bind each individual Firm User directly and personally upon completion of their account creation step.

Where any provision of a Firm Agreement expressly conflicts with these Terms on a matter of B2B commercial governance — including fees, term, termination, and firm-level data rights — the Firm Agreement controls for that Sponsoring Firm with respect to the conflicting provision. In all other respects, including but not limited to prohibited uses, intellectual property, AI processing, limitation of liability, indemnification, and dispute resolution, these Terms govern the conduct of individual Firm Users directly.

The Sponsoring Firm's execution of a Firm Agreement does not substitute for, or relieve individual Firm Users of, their obligation to agree to these Terms individually. Each attorney, advisor, administrator, and authorized staff member who creates login credentials is independently bound by these Terms through the sign-in wrap at account creation. The Sponsoring Firm is also separately and independently responsible under its Firm Agreement for ensuring that all of its authorized users comply with these Terms, and is liable for any breach of these Terms by its authorized users as if such breach were the firm's own.

15.6.3 Records of Acceptance; User Responsibility

The Folder maintains records of account creation events, including the date, time, IP address, user identity, and version of these Terms in effect at the time of account creation. These records constitute evidence of each User's agreement to these Terms and may be used by The Folder in any dispute resolution proceeding.

BY CREATING A FOLDER ACCOUNT BY ANY OF THE THREE METHODS DESCRIBED ABOVE, EACH USER ACKNOWLEDGES THAT THEY HAVE HAD THE OPPORTUNITY TO READ, AND AGREE TO BE BOUND BY, ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND THE FOLDER PRIVACY POLICY. THESE TERMS ARE CLEAR AND COMPLETE. IT IS EACH USER'S INDIVIDUAL RESPONSIBILITY TO READ AND UNDERSTAND THESE TERMS BEFORE CREATING AN ACCOUNT OR USING THE SERVICES. THE FOLDER WILL NOT BE RESPONSIBLE FOR ANY HARM, LOSS, OR CLAIM ARISING FROM ANY USER'S FAILURE TO READ OR UNDERSTAND THESE TERMS. THE CURRENT VERSION OF THESE TERMS IS ALWAYS AVAILABLE AT THE WEBSITE.

15.7 Feedback

We are committed to continuous improvement. If you experience problems or have suggestions, please contact us at support@thefolder.com. We will endeavor to respond within three (3) business days.

16. Contact Information

If you have any questions about this Agreement, the Website, or the Services, please contact us:

17. Mobile Application

If The Folder offers a mobile application ("App") now or in the future, the App will be governed by this Agreement. The availability of the App depends on the applicable mobile application platform from which you download apps (each, an "App Store"). This Agreement is between you and The Folder only — not with any App Store. The Folder is solely responsible for the App. Each App Store and its affiliates are third-party beneficiaries of this Agreement with the right to enforce it.

When you access the App through the Apple App Store, you will use the App only on Apple-branded products running Apple iOS, in compliance with Apple's usage rules. As between The Folder and Apple: Apple has no obligation to furnish maintenance or support services for the App; if the App fails to conform to any applicable warranty, Apple's sole responsibility is to refund the purchase price, if any; and Apple is not responsible for any claims related to the App.

17.1 Push Notifications

If you download the App, you may receive push notifications. You may control push notifications through your device settings. Standard data and carrier fees may apply. You may opt out by adjusting your device settings or deleting the App.

The Folder, Inc.
Helping families keep what matters organized, understood, and up to date.
www.thefolder.com · support@thefolder.com