Terms of Service
Last Updated: November 2026
1. Acceptance of Terms
By accessing or using the LotusGiving website, software, and related services (collectively, the "Services"), you acknowledge that you are at least 18 years of age, legally capable of entering into a binding contract, and agree to these Terms of Service. If you do not agree to these terms, you must not use our platform. The terms "you" and "your" refer to any individual or entity using the Services.
2. Legal and Financial Disclaimer
LotusGiving is a legal-tech software platform, not a law firm, investment advisory firm, or accounting firm. We provide digital, self-help tools that allow users to generate their own estate planning documents.
- No Attorney-Client Relationship: Utilizing our platform does not establish an attorney-client relationship. Your communications with LotusGiving are protected by our Privacy Policy, but they are not protected by attorney-client privilege.
- Educational Content: All guides, prompts, and information provided by LotusGiving are general in nature and intended purely for educational purposes.
- Independent Counsel: Because estate laws vary by jurisdiction and personal situations can be complex, we strongly advise consulting with a qualified attorney, tax professional, or financial advisor before making critical estate or tax decisions. LotusGiving does not review your documents for legal accuracy or internal consistency.
3. Platform License and Acceptable Use
LotusGiving grants you a limited, non-exclusive, non-transferable license to use our platform to create your personal estate planning documents. Under this license, you may not:
Copy, modify, or distribute the platform's proprietary materials for commercial purposes.
Reverse-engineer, decompile, or attempt to extract the source code of the LotusGiving software.
Remove any copyright, trademark, or proprietary notices from the generated documents.
Use the platform on behalf of a third party without their explicit, legal authorization. LotusGiving reserves the right to terminate your access immediately if you violate these usage terms.
4. Data Sharing with Nonprofit Partners
Our platform connects users with the causes they care about by seamlessly integrating charitable giving into the estate planning process. If you choose to designate a nonprofit organization as a beneficiary or include a charitable bequest in your final plans, you will be offered the opportunity to share your contact details and gift information with that organization. By electing to opt-in, you explicitly authorize LotusGiving to securely transmit this data to your chosen nonprofit partner.
5. Limitation of Liability
To the maximum extent permitted by applicable law, LotusGiving, its affiliates, employees, and nonprofit partners shall not be liable for any direct, indirect, incidental, punitive, or consequential damages (including loss of data or financial loss) arising from your use of, or inability to use, the Services. Our platform is provided strictly on an "as is" and "as available" basis without any implied warranties of merchantability or fitness for a particular purpose.
6. Accuracy and Revisions
While LotusGiving strives to keep all legal templates and educational resources up-to-date, the law changes rapidly. We do not guarantee that the materials on our platform are perfectly accurate, complete, or compliant with the most recent changes in your specific local jurisdiction. LotusGiving may update the platform's content at any time without prior notice.
7. Third-Party Links
Our platform may contain links to external websites, including those of our nonprofit partners. LotusGiving is not responsible for the content, privacy practices, or accuracy of any third-party websites. The presence of a link does not imply endorsement, and accessing external sites is at your own risk.
8. Modifications to the Terms of Service
LotusGiving reserves the right to amend these Terms of Service at any time. Significant changes will be communicated via an alert on our website or through email notification. By continuing to use the Services after modifications have been posted, you agree to be bound by the updated terms.
9. Notifications and Communications
By creating an account, you consent to receive administrative and legal notices from LotusGiving electronically. We may deliver these notifications via the email address associated with your account or through conspicuous platform alerts. LotusGiving is not responsible for notifications that are blocked by your email provider's spam or filtering settings.
10. Dispute Resolution and Binding Arbitration
Please read this section carefully, as it impacts your legal rights.
- Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to your use of LotusGiving or these Terms of Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
- Waiver of Jury Trial and Class Action: By agreeing to arbitration, you and LotusGiving expressly waive the right to a trial by jury or to participate in a class action lawsuit. All claims must be brought on an individual basis.
- Arbitration Venue: Unless mutually agreed otherwise, arbitration proceedings shall take place in the state of Georgia.
- Exceptions: Both parties retain the right to seek injunctive relief in a court of competent jurisdiction to prevent intellectual property infringement or data breaches, or to pursue claims in small claims court if they qualify.
11. Governing Law
These Terms of Service and any related disputes shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles. You consent to the exclusive personal jurisdiction of the state and federal courts located in Delaware for any proceedings not subject to arbitration.
12. Consumer Satisfaction
We are committed to making estate planning accessible and straightforward. If you experience any issues or are dissatisfied with the LotusGiving platform, please contact our support team at security@lotusgiving.com directly so we can assist you.
