Last Updated: 07/03/2026
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
Welcome to EverSettled.com, operated by Kempster Berger Inc., a Delaware corporation ("EverSettled," "we," "our," "us," or the "Company”). By creating an account, accessing the website located at EverSettled.com (the “Site”), or using one or more Services (as defined below), you, on your own behalf and on behalf of the estate or other entity on behalf of which you are using the Site or Services, as applicable (“you”), acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions, including our Privacy Policy, which is incorporated herein by reference (the Terms and Conditions and anything incorporated by reference, collectively, these “Terms”).
These Terms govern your access to and use of the Site and the various services we offer, including, but not limited to, all estate-related services offered by the Company, our custom artificial intelligence (“AI”) chatbot (“Sage”), and our customer support team (each, a “Service” and, more than one, "Services").
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute, as described in Section 11 of these Terms.
It is your responsibility to review these Terms periodically. If at any time you find these Terms unacceptable or if you do not agree to these Terms, please do not use this Site or any Services.
To use one or more Services or create an account on the Site, you represent and warrant that:
To access certain features, users must create an account. You agree that:
You are responsible for truthfully and accurately representing your authority to bind the estate on behalf of which you establish an account.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.
You agree to immediately notify us of any unauthorized use of your password or account, or any other breach of security of which you are aware, and to ensure that you properly close out of your account at the end of each session.
We may, in our sole discretion, terminate your password, account (or any part thereof) or access or use of the Site, as further described in Section 10 of these Terms.
Notwithstanding and without limiting Section 9 of these Terms, EverSettled will not be liable to you or any third party for any termination of your access or use of the Site or any Service or Services.
If your access or status as a user of the Site is terminated, or your use of the Site or any Service or Services is otherwise blocked, you will:
You agree that any information you provide to us through the Site will be accurate, current and complete.
In connection with your access of the Site or use of the Services, you agree to respect the intellectual property rights of others. Your use of the Services and the Site is at all times governed by and subject to applicable laws regarding copyright, trademark and other intellectual property ownership.
You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights.
You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit to us, or that is otherwise provided or transmitted using your EverSettled account.
With respect to any content you provide or otherwise transmit in connection with your use of any Service or Services, you agree that you:
EverSettled has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. The Company's policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content.
If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
The written information described above must be forwarded to:
Kempster Berger Inc., 2261 Market Street, STE 60842, San Francisco, CA 94114
Email: info@eversettled.com
In connection with your access of the Site or use of the Services, you agree that you shall not, nor cause any third party to, use the Site or a Service to perform any illegal activities.
EverSettled does not provide, and is not in the business of providing, legal, financial, accounting, tax, health care, insurance, real estate or other professional services or advice. You should consult with the appropriate professionals for advice prior to making important decisions in these areas.
You agree to carefully review any information we may provide for indications of errors before relying on or otherwise using it.
While Sage and any other AI features we may offer are designed to improve your experience, these technologies are evolving and may have limitations such as generating outputs that are inaccurate or inappropriate to your situation. You are solely responsible for actions or omissions caused by or resulting from your use or engagement with Sage.
At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation.
EverSettled is not a law firm and is not permitted to and does not perform services performed by an attorney. EverSettled and its Services are not substitutes for the advice or services of an attorney.
Information regarding laws or legal processes contained on the Site and Services is not legal advice and is not guaranteed to be correct, complete, or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
EverSettled does not provide tax advice of any type or for any purpose. Any information regarding taxes in any communication from EverSettled is intended only for general education and is not to be construed or relied on as tax advice.
Although Eversettled does not provide any tax advice, we provide this disclosure to comply with the requirements imposed by the United States Internal Revenue Service under Circular 230: We inform you that any U.S. federal tax advice contained in any communication from EverSettled is not intended or written to be used, and cannot be used, for purposes of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing, or recommending to another person any matters addressed therein.
The Site and Services may include links or integrations with third-party services. EverSettled does not control or endorse third-party services and is not responsible for their content, policies, security, or availability.
EverSettled may modify, suspend, or discontinue the Services at any time without notice. We do not guarantee that the Services will be uninterrupted, secure, or error-free.
By using or accessing one or more Services or the Site you acknowledge and accept that submitting your telephone number to EverSettled via the Site constitutes an inquiry to EverSettled, and that EverSettled may contact you at the number submitted even if such number appears on any state or federal do not call lists (taking into account inquiry exception time frames as appropriate).
THE SITE AND ALL MATERIALS, DOCUMENTS, OR FORMS PROVIDED THROUGH OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, EVERSETTLED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
EVERSETTLED MAKES NO WARRANTY THAT: (A) THE SITE, SERVICES, OR MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, SERVICES, OR MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, OR ANY MATERIALS OFFERED THROUGH THE SITE OR SERVICES, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, SERVICES, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. EVERSETTLED SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
EXCEPT AS PROHIBITED BY LAW, EVERSETTLED AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ARE NOT LIABLE FOR, AND YOU WILL HOLD THE FOREGOING HARMLESS FROM, ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT OR ANY BREACH OF THESE TERMS BY YOU OR VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF EVERSETTLED HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF EVERSETTLED, IT WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Without limiting EverSettled’s rights elsewhere in these Terms, EverSettled may suspend or terminate accounts at any time if users violate these Terms, fraudulent or unlawful activity is suspected, required by law, or necessary to protect the platform or other users. Termination may occur without prior notice.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND EVERSETTLED TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNERS IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH IN SECTION 11(g) OF THESE TERMS, NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU AND EVERSETTLED FROM SUING IN COURT OR HAVING A JURY TRIAL
You and EverSettled agree that any dispute or claim between us, including those arising out of or related to these Terms or one or more of the Services, is personal to you and EverSettled and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. For the purposes of this Arbitration Agreement, references to “EverSettled,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.
Most concerns can be resolved quickly and to the your satisfaction by contacting our Customer Service Team at info@eversettled.com. In the unlikely event that the EverSettled Customer Service Team is unable to resolve your complaint to your satisfaction (or if we have not been able to resolve a dispute with you after attempting to do so informally), this Section 11(b) applies. Except for (i) individual actions in small claims court located in the county of your billing address or (ii) actions in court seeking injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and EverSettled agree to waive your rights to a jury trial and to have any dispute or claim arising out of or relating to any aspect of the relationship between us (collectively, “Disputes”) resolved in arbitration. Disputes include, but are not limited to, (i) those arising out of or related to these Terms or our Services, and (ii) those related to advertising, privacy, data security, and the use of the Site. This Arbitration Agreement applies to all Disputes based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, Disputes arising before you accepted these or any prior Terms, Disputes that are currently the subject of purported class action litigation in which you are not a member of a certified class, and Disputes asserted against EverSettled by those you list as authorized contacts on your order.
For any Dispute that you have against EverSettled, or that EverSettled has against you, you and EverSettled agree to attempt to resolve the Dispute informally via the following process. If you assert a claim against EverSettled, you will first contact EverSettled by sending a written notice of your Dispute (“Claimant Notice”) to EverSettled by U.S. certified mail addressed to Kempster Berger Inc., 2261 Market Street, STE 60842, San Francisco, CA 94114. Notice should also be sent by email to info@eversettled.com. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. For any Dispute that EverSettled may have against you, we will provide you notice (“EverSettled Notice”) in similar form to that described above via the mailing address and email address associated with your account. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or EverSettled first send the applicable Notice so that the parties can engage in this informal dispute resolution process.
If you and EverSettled cannot reach an agreement to resolve the Dispute within thirty (30) days after notice is provided, then either party may submit the Dispute to binding confidential arbitration administered by the American Arbitration Association (“AAA”) or, under the limited circumstances set forth herein, in court. All Disputes submitted to AAA will be resolved through binding arbitration before one arbitrator. Unless the parties agree in writing to a different location, arbitration proceedings will be held in San Francisco County, CA.
You and EverSettled agree to use the AAA Commercial Arbitration Rules, including the Expedited Procedures for all Disputes with a value of $75,000 or less. The most recent versions of the AAA Consumer and Commercial Arbitration Rules are available on the AAA’s website at adr.org/Rules and such rules are hereby incorporated by reference into this Arbitration Agreement. You either acknowledge and agree that you have read and understand the applicable AAA Arbitration Rules or waive your opportunity to read the AAA Arbitration Rules and waive any claim that such rules are unfair or should not apply for any reason.
You and EverSettled acknowledge that the purpose of this Section 11 is to streamline the dispute resolution process and that Coordinated Filings are likely to frustrate that purpose. As a result, you agree not to assert a demand for arbitration as part of a Coordinated Filing. A “Coordinated Filing” is any demand for arbitration where the underlying claim is similar to at least ten (10) other pending demands for arbitration and where representation for that demand is consistent or coordinated with such other demands. Without limiting any remedies, in the event your demand is part of a Coordinated Filing, we may, at our option, decline arbitration and instead litigate the claim in a civil court of competent jurisdiction in accordance with Section 12 of these Terms.
You and EverSettled agree that these Terms affect interstate commerce and that the enforceability of this Section 11 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. Subject to the FAA, these Terms and the AAA Rules, the arbitrator will have exclusive authority to grant any relief that would otherwise be available in court and to make all procedural and substantive decisions regarding any Dispute, including those arising out of or relating to interpretation or application of this Arbitration Agreement, and the enforceability, revocability, or validity of the Arbitration Agreement or any portion thereof. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one claimant.
The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. You and EverSettled agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and EverSettled agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
The costs of arbitration shall be governed by the AAA’s fee schedules, available at adr.org/Rules. If you initiate arbitration of a Dispute, you agree to pay the applicable AAA Consumer Case Filing Fee, and EverSettled will pay the remaining AAA fees and costs. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees will be governed by the applicable AAA Rules.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 11 by sending, via U.S. certified mail, a written Notice of Opt Out to EverSettled. The Notice of Opt Out must be addressed to: Kempster Berger Inc., 2261 Market Street, STE 60842, San Francisco, CA 94114; a courtesy copy of the Notice of Opt Out should also be sent by email to info@eversettled.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 12, though, as stated above, you agree that any such action will be brought as an individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
If any portion of this Section 11 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 11 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 11; and (c) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
If you wish to seek public injunctive relief against EverSettled, such claim (and only such claim) must be severed from the arbitration and brought in court in accordance with the provisions of Section 12.
You and EverSettled agree that the state or federal courts of the State of California and the United States sitting in San Francisco County, California have exclusive jurisdiction over the enforcement of an arbitration award made pursuant to this Arbitration Agreement.
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles.
EverSettled shall not be liable for delays or failure to perform due to events beyond its reasonable control, including but not limited to natural disasters, cyberattacks, internet outages, acts of government, and labor disputes.
We reserve the right to modify these Terms at any time. Continued use of the Services constitutes acceptance of the revised Terms.
EverSettled may assign or transfer these Terms to any party at any time without notice to you. You may not assign your rights under these Terms, by operation of law or otherwise, without our consent. Any attempts to do so without our consent will be void.
The Services may permit you to choose among multiple plans, including, for example, an EverSettled Base Plan an EverSettled Pro Plan, or such other plans as may be made available for your selection from time to time (each, a “Plan”). The terms, conditions, limitations, and payment requirements for each such Plan shall be as set forth in the Services at the time of selection, and updated thereafter in accordance with these Terms. All fees must be paid in full upon becoming due and are nonrefundable (except in the event of a termination of these Terms due to EverSettled’s uncured material breach, in which case a pro rata refund of pre-paid fees with respect to which Services had not yet been provided as of the date of termination may be provided). You agree that the Services may involve EverSettled incurring additional pass-through expenses on your behalf as required in EverSettled’s sole judgment to provide effective Services to you in accordance with your Plan; these expenses may include expenses reasonably related to the administration of the applicable estate, trust, or arrangement, and shall be reimbursed by you upon EverSettled’s written request in accordance with your Plan. Without limiting other remedies available to EverSettled, payments past their due date are subject to a 1.5% per month compounding interest charge.
The payment obligations for each Plan, are exclusive of all sales, use, value-added, privilege, excise or similar taxes or duties levied upon you. Except for taxes levied on EverSettled’s income, you shall be solely responsible for paying any applicable taxes levied or assessed based on your use of the Site and Services. EverSettled may, but is not obligated to, invoice you for any such taxes and remit any payments made on any such invoice directly to the appropriate taxing authorities. You are responsible for obtaining and providing to EverSettled any certificate of exemption or similar document required to exempt any transaction from sales, use or similar tax liability.
You agree that any fees, costs, and charges incurred as part of or reasonably related to the rendering of Services are intended to be obligations incurred on behalf of the applicable estate, trust, or arrangement on which behalf you act and, subject to applicable law, applicable court orders, and any required probate, trust, fiduciary, creditor-claims, or administration procedures, will be paid from the assets of that estate, trust, or arrangement, including as expenses of administration where permitted by applicable law and that, to the fullest extent allowed by applicable law, EverSettled shall be entitled to priority of payment over all other creditors of the applicable estate, trust, or arrangement.
You agree to cooperate and engage in good faith with EverSettled in connection with any request for payment, invoice, reimbursement request, creditor claim or other submission seeking payment from the applicable estate, trust, or arrangement for Services rendered by EverSettled.
If any amount owed to EverSettled is not permitted, paid, or reimbursed as an expense of administration or other priority claim, EverSettled may seek payment as a general contractual claim, reimbursement claim, creditor claim, or in any other lawful claim class, in each case to the fullest extent available under applicable law.
If you misrepresented your authority, as such authority is described in Sections 1 and 2 of these Terms, to use the Site or Services, or otherwise exceeded your authority; failed to disclose a material limitation on your authority; or provided false or misleading information regarding your authority, and, if as a result, the relevant estate does not or cannot timely and completely pay EverSettled for the Services, you will and hereby agree to be personally responsible to EverSettled for all resulting fees, costs, losses, and expenses incurred.
Nothing in this Section 16 shall be construed to request or authorize payment in violation of applicable law or court order, create priority where priority is not available under applicable law, or override mandatory probate, trust, creditor-priority, consumer-protection, fiduciary-duty, privacy, digital-asset, or similar laws or regulations.
If any provision of these Terms is unlawful, void, or unenforceable for any reason, then that provision will be severed and the remaining provisions will remain in full force and effect.
For questions regarding these Terms:
EverSettled
Email: info@eversettled.com
Website: https://www.eversettled.com