Terms of Use

Thanks for using Hello Prenup.com. Hello Prenup does not offer legal advice or representation and is not a law firm or a substitute for the advice or services of an attorney or law firm. These Terms of Use (“Terms” or ‘TOU”) cover your use and access to the products, services, software, platform and website (collectively, “Services”) provided by Hello Prenup, Inc. and any of our affiliates (collectively, “Hello Prenup ” or “Company”). By using our Services, you agree to be bound by these Terms as well as our Privacy Policy, which is incorporated herein by reference. By using our site and/or services, you are a “user” and you accept and agree to this TOU as a legal contract between you and us. It is your responsibility to review this TOU. If at any time you find the TOU unacceptable or if you do not agree, please do not use our site or services.

The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is formed by use of the site. Hello Prenup does not review your answers to questions presented as part of the Hello Prenup questionnaire. Your access of/to and use of this site is subject to our Terms of Use.

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.

1. Hello Prenup is Not a Law Firm and Does Not Provide Legal Advice

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Hello Prenup provides a platform for general information on prenuptial agreements and self-help. The information provided by Hello Prenup along with the content on our website related to legal matters (“Legal Information”) is provided for your private use and does not constitute legal advice. Hello Prenup does not offer legal advice or representation and is not a law firm or a substitute for the advice or services of an attorney or law firm. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation.

We strive to keep our content accurate, current and up-to date. However, because the law changes rapidly, we cannot guarantee that all of the information on the site is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tools like the kind we provide can fit every circumstance.

If you need legal advice for a specific problem, you should consult with a licensed attorney. Neither Hello Prenup nor any Legal Information provided by Hello Prenup is a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction. As Hello Prenup is not a law firm, please note that communications between you and Hello Prenup are not protected as privileged communications under the attorney-client privilege or work product doctrine.

Your use of the Services does not create an attorney-client relationship between you and Hello Prenup.

Hello Prenup is not a “Lawyer Referral Service.” Hello Prenup does not endorse or recommend any attorney nor does it make any warranty as to the qualifications or competency of any attorney.

If you do not agree to these Terms and the Privacy Policy, you may not access or use the Site or Services. The Site and Services are intended for use by persons 18 years of age or older. You must be the legal age of majority in your state of residence or otherwise able to form a binding contract with Hello Prenup in order to use the Services. If you are under 18 years of age, you may not access or use the Site or Services.

 

2. Attorney Services

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• If you purchase Services from an independent attorney, your relationship with the independent attorney will be governed by the Limited Scope Attorney Representation Agreement and you direct Hello Prenup to share the document(s) you create on our platform with your chosen attorney
• Hello Prenup does not provide legal services. Your Independent Attorney is a third-party independent contractor who agrees to provide legal services directly to you, not through Hello Prenup, via a separate retention agreement. Their contact information is provided as advertising. A conflict check will apply. Hello Prenup will not select an attorney for you. Hello Prenup makes no guarantees as to the substance of the attorney’s advice.
• If requested by the independent attorney, Hello  Prenup may collect payment in a single transaction for both its services and those of your independent attorney. In that situation, the portion of payment due to your independent attorney will go directly from the merchant services credit or debit card processor to an account for the independent attorney, and the portion of payment due to Hello Prenup will go directly from the merchant services credit or debit card processor to our account. Where the services of your independent attorney are purchased separately from your primary transaction with Hello Prenup, if requested by the independent attorney, Hello Prenup may collect payment on the independent attorney’s behalf. In that situation, the payment will go directly from the merchant services credit or debit card processor to an account for the independent attorney. Neither Hello Prenup nor the independent attorney will split or share your payment in either scenario.
• Nothing shall be construed to limit your right to retain, at your own expense, an unaffiliated attorney. Hello Prenup shall not be obligated to pay for any such services.
• Professional, Independent Attorney Judgment. The Independent Attorney is not Hello Prenup’s agent or employee. The Independent Attorney shall maintain the attorney-client relationship with you and is solely responsible for all legal services provided. Hello Prenup will in no way influence or attempt to affect the rendering of professional services of the Independent Attorney.
• Internal Revenue Service (IRS) Circular 230 Tax Advice Disclosure. To ensure compliance with requirements imposed by the IRS under Circular 230, Hello Prenup informs you that any U.S. federal tax advice contained in any communication from Hello Prenup (including information provided by your Independent Attorney) is and was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing, or recommending to another party any matters addressed therein.

 

3. Attorney Advertisements

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Attorneys advertised on this site are independent attorneys. Each attorney advertisement will display the attorney(s) responsible for that advertisement. Hello Prenup is not an “attorney referral service” or a law firm.

• Notice to Alabama customers: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
• Notice to Missouri customers: The choice of a lawyer is an important decision and should not be based solely upon advertisements.
• Notice to New York customers: Prior results do not guarantee a similar outcome.

 

4. Abandoned Orders

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When an order is placed, both parties acknowledge that Hello Prenup is out of pocket time and money for undertaking the work and both parties fully intend to complete the order. Abandoned orders will result in liquidated damages equal to the amount paid to Hello Prenup for reimbursement of our commitment to service this order

 

 

5. Consent to Receive Emails

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By purchasing your prenuptial agreement, you acknowledge that enforceability cannot be guaranteed. While we’re confident in the quality of the prenuptial agreement you create with Hello Prenup, whether to enforce a prenuptial agreement is ultimately a decision for the court. For a discussion of factors that may go into a court’s decision, please see our FAQ.

 

6. Right to Refuse Service

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7. Ownership and Preservation of Your Documents

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Hello Prenup does not claim ownership of any documents you either create or upload and store using our Services (“Documents”). You are responsible for storing and maintaining the original copies of your Documents. You grant permission for Hello Prenup to use your Documents in connection with providing Services to you.

You acknowledge and agree that Hello Prenup may preserve these Documents as well as disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following: (1) to comply with legal process, applicable laws or government requests; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; or (4) to protect the rights, property, or personal safety of Hello Prenup, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You agree that Hello Prenup has no responsibility or liability for deleting or failing to store any content maintained or uploaded by the Services.

 

8. Consent to Receive Emails

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By creating an account, you agree that you may receive communications from Hello Prenup, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of the actual email.

 

9. Inquiries and Contact Terms.

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BY USING OUR SITE AND SERVICES, YOU ACKNOWLEDGE THAT SUBMITTING YOUR TELEPHONE NUMBER TO US VIA THE SITES AND SERVICES CONSTITUTES AN INQUIRY TO US, AND THAT WE OR OUR AFFILIATES 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).

You authorize us to contact you by telephone at the number you have provided. Telephone calls may include prerecorded or artificial voice messages and calls using an automatic telephone dialing system. Your consent is not a condition of your purchase.

You agree that any calls to or from us may be monitored or recorded for training or quality assurance purposes.

 

10. Acceptable Use of Communications Services

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Our Services may include a what are collectively called “Communications Services.” These may include services such as live chats, comment threads, blog posts, calendars, and other message services. You agree to use the Communication Services only to post, send, and receive messages or materials proper to and related to the particular Communication Service. When using a Communication Service, you agree that you will not do any of the following:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
• Publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful.
• Create a false identity, represent yourself as someone else, or sign an agreement as someone else or on behalf of someone else or otherwise falsify or delete in an uploaded file any significant attributions or notices.
• Upload files that contain software or other material protected either by intellectual property laws or by the rights of privacy or publicity except when:
  • you own or control the necessary rights, or
  • you have received all necessary consents to do so.
• Upload corrupted files, files that contain viruses, or any other files that may damage the operation of another’s computer.
• Advertise, offer to sell, or offer to buy anything for business purposes except to the limited extent any particular Communication Service specifically allows such activity.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Harvest or otherwise collect personally identifiable information about others, without their consent.
• Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
• Violate any applicable laws or regulations.

Although Hello Prenup has no obligation to monitor the Communication Services, we reserve the right, in our own discretion, to review and remove materials posted to a Communication Service, in whole or in part. Hello Prenup reserves the right to disclose any materials posted, information or activity as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

You grant Hello Prenup a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate any content you post in a non-private forum on our site into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from non-private forums at any time.

 

11. No Unlawful or Prohibited Use

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You can only use our Services if they do not conflict with or violate the laws of your jurisdiction(s). The availability of our Services in your jurisdiction(s) is not an invitation or offer by Hello Prenup to access or use our website or Services. By using our Services, you accept sole responsibility that you or any family member’s use of or access to our Services does not violate any applicable laws in your jurisdiction(s). To enforce this provision, Hello Prenup reserves the right to refuse membership, or suspend or terminate your account immediately and without prior notice at our sole discretion.

The following are specifically excluded or prohibited:

• Use in connection with any legal matter that is frivolous, immaterial or illegal in nature, as determined by Hello Prenup;
• Use in connection with any legal matter involving an alleged crime;
• Use in connection with any legal matter involving the laws of jurisdictions outside of the United States or its subdivisions;
• Use in connection with any legal matter for which you are currently or prospectively represented by legal counsel.
• Use in connection with any legal matter that directly or indirectly involves Hello Prenup or any of its affiliates, directors, agents, employees, or other Hello Prenup service providers; or

You may not hack, “scrape” or “crawl” Hello Prenup.com whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information Hello Prenup has not intentionally made available to you on its website via purchased subscription. Your use of the Hello Prenup website does not entitle you to resell any Hello Prenup content without prior express written consent from Hello Prenup.

You may not use any data, text, images, videos, templates, documents, forms, or other materials, including without limitation any user or customer content or information obtained through or derived from the Hello Prenup website, platform, or Services (“Hello Prenup Content”), to train, develop, fine-tune, evaluate, test, improve, or modify any artificial intelligence or machine learning system, model, algorithm, or related technology (including language models or generative models), nor may you permit any third party to do so. Any use of automated systems, bots, or similar technologies to collect or process Hello Prenup Content for such purposes is strictly prohibited. Any such activity may result in immediate suspension or termination of access and may be pursued through legal and technical measures.

 

12. License Grant

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Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Services as we intend for them to be used. As a registered Hello Prenup user, you are licensed to keep, for your own personal records, electronic or physical copies of documents you have created on Hello Prenup. You may not copy the content of Hello Prenup’s forms or agreements for use or sale outside of Hello Prenup. Any rights not expressly granted in these Terms are reserved by Hello Prenup.

Limited Permission to Download. We grant you permission to download, view, copy and print the documents on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of this TOU. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on the site and services may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

License to Use. We grant you a limited, personal, non-exclusive, non-transferable license to use our forms (the “Forms”) for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form. By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal use and may not be sold or redistributed without our express written consent.

When you transmit user content on Hello Prenup, you hereby grant Hello Prenup and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content, including throughout the world in any media. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

Notwithstanding the TOU, certain self-help services may require you to enter personal, confidential or proprietary information of a third party. You represent and warrant that you have (1) obtained all rights, licenses or other permissions from any third party necessary to use the self-help services and to grant the rights to us to use such information pursuant to the TOU, and (2) that your use of any third party personal, confidential or proprietary information does not and will not violate any privacy, intellectual property rights or any other rights of any third party.

Resale or unauthorized distribution of materials downloaded from the Hello Prenup website is strictly prohibited. Use of these materials is for your personal or business use. Any resale or redistribution of our materials requires the express, written consent of Hello Prenup.

 

13. Intellectual Property Rights

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Hello Prenup retains all right, title and interest in and to its products and services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in this agreement, you may not, and may not permit others to:

• reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and services;
• sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or
• circumvent or disable any security or technological features of our products and services.

The design, text, graphics and selection and arrangement thereof and services and the legal forms, documents, guidance and all other content found on our website (“Service Content”) are copyright © Hello Prenup, Inc.  All rights reserved.

Hello Prenup® is a registered trademark in the U.S. Patent and Trademark Office. HelloPrenup.com® is a trademark of Hello Prenup. These and any other Hello Prenup product or service names or slogans displayed on Hello Prenup products are trademarks of Hello Prenup, Inc. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of Hello Prenup is the service mark, trademark and/or trade dress of Hello Prenup, Inc. and you may not copy, imitate or use it, in whole or in part, without our prior written consent. The names of actual companies and products you might encounter through us may be the trademarks of their respective owners. Nothing in these Terms or the Services should be understood as in any way granting any license or right to use any of Hello Prenup’s trademarks displayed on our website. All goodwill generated from the use of Hello Prenup’s trademarks is reserved for the use of Hello Prenup, exclusively.

 

14. Copyright and DMCA

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We promptly respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

If you believe that any material on our website infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with Hello Prenup’s Designated Copyright Agent:

Hello Prenup, INC.
Attn: Legal Department

10 High Street, Suite 1002,

Boston, MA 02110
Email: Hello@HelloPrenup.com

Please provide us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Boston, MA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s sole discretion.

 

15. Links to Third Party Sites

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Our site and services may contain links to websites controlled by parties other than us (each a “Third Party Site”), each with its own privacy policy and practices. We may work with a number of partners and affiliates whose sites are linked with our site and services. We may also provide links to other citations or resources with whom we are not affiliated. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such site. We make no guarantees about the content or quality of the products or services provided by such site. We are not responsible for webcasting or any other form of transmission received from any Third Party Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Third Party Site, nor does it imply that we sponsor, are affiliated or associated with, guarantee, or are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that we are not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

 

16. Disclaimer of Warranties and Limitations of Liability

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PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS

TO THE FULLEST EXTENT PERMITTED BY LAW, HELLO PRENUP AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HELLO PRENUP, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT HELLO PRENUP HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

EXCEPT AS PROVIDED HEREIN IN THE Dispute Resolution By Binding Arbitration and Class Action Waiver SECTION, BELOW, HELLO PRENUP’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO HELLO PRENUP FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION.

 

17. Dispute Resolution By Binding Arbitration and Class Action Waiver

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PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. 

Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Care Center at (617) 531-1680 or at Support@HelloPrenup.com. In the unlikely event that the Hello Prenup Customer Care Center is unable to resolve your complaint to your satisfaction (or if Hello Prenup has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000, Hello Prenup will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney’s fees from Hello Prenup to the same extent or more as you would in court. The arbitrator shall apply the same limitations period that would apply in court.

Under certain circumstances (as explained below), Hello Prenup will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) his or her reasonable attorney’s fees if the arbitrator awards you an amount greater than what Hello Prenup offered you to settle the dispute.

You may speak with independent counsel before using this Site or completing any purchase.

Arbitration Agreement:

(a) Hello Prenup and you agree to arbitrate all disputes and claims between us in small claims court or before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:

• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
• claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class;
• and claims that may arise after the termination of these Terms.

For the purposes of this Arbitration Agreement, references to “Hello Prenup,” “Company,” “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, your current or future spouse, children, or other members of your family.

Notwithstanding the foregoing, either party may bring an individual action in small claims court, or, where the amount at issue is within the venue’s small claims court’s jurisdiction, either party may demand small claims court in lieu of arbitration upon receipt of a Notice of Dispute. ] This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Hello Prenup are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.

(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Hello Prenup should be addressed to: Notice of Dispute, General Counsel, Hello Prenup, Inc., 10 High Street, Suite 1002, Boston, MA 02110 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Hello Prenup and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Hello Prenup may commence an arbitration proceeding or demand that the matter proceed in small claims court in lieu of arbitration, should the Demand be within the venue’s small claims jurisdiction. During an arbitration, the amount of any settlement offer made by Hello Prenup or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Hello Prenup is entitled.

(c) Should neither party demand small claims court, after Hello Prenup receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider. If you are unable to pay this fee, Hello Prenup will pay it directly after receiving a written request at the Notice Address.) Hello Prenup will not reimburse you for arbitration fees should you commence arbitration after it submits a demand for small claims court in lieu of arbitration. The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, for all claims under $75,000, and the applicable rules as determined by the AAA for all claims of or above $75,000, and will be administered by the AAA. The AAA Rules are available online at www.adr.org. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless Hello Prenup and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Hello Prenup was a party. Except as otherwise provided for herein, Hello Prenup will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Hello Prenup for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules.

(d) For claims under $75,000 that proceed in arbitration, if, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Hello Prenup’s last written settlement offer made before an arbitrator was selected, then Hello Prenup will:

• pay you either the amount of the award or $2,000 (“the alternative payment”), whichever is greater;
• and pay your attorney, if any, the amount of attorney’s fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the “attorney’s payment”).

If Hello Prenup did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney’s fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Hello Prenup’s last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred in connection with the arbitration proceeding before Hello Prenup’s settlement offer.

(e) The right to attorney’s fees and expenses discussed in paragraph (d) supplements any right to attorney’s fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude an arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. Although under some laws Hello Prenup may have a right to an award of attorney’s fees and expenses if it prevails in an arbitration proceeding, Hello Prenup will not seek such an award for claims under $75,000.

(f)  An arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND HELLO PRENUP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Hello Prenup agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

(g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.

(h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.

 

18. Controlling Law; Venue

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These Terms will be governed by Massachusetts law except for its conflicts of laws principles. Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the Dispute Resolution by Binding Arbitration and Class Action Waiver section contained in these Terms of Use. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.

 

19. Additional Terms; Future Products and Services

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Some Hello Prenup Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. These Terms create no third party beneficiary rights. If you choose to add a product or service to your order subsequent to this initial purchase, these Terms of Use and other terms provided to you will apply to that additional product or service purchase as well.

 

20. Waiver, Severability and Assignment

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Hello PrenupHello Prenup’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Hello Prenup may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

 

21. Modifications

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We may revise these Terms from time to time and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

If you have any questions or concerns, please visit our Help Page www.HelloPrenup.com/Contact or Contact Us at Hello@HelloPrenup.com at any time.

 

22. Reviews.

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After your purchase, you may receive an email survey request from Hello Prenup. You may also write a review on the Site or elsewhere. If you complete a survey or submit a review, your opinions may be posted, in whole or in part, on the Site or used in marketing material. The review may be accompanied by limited identifying information, such as your first name and last initial, your gender, city and/or state, and age range.

 

23. Customers Needing Extra Assistance.

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Hello Prenup aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the Hello Prenup website, or otherwise have difficulties using the Hello Prenup website, please call +1-617-531-1680 and our customer care team will assist you.

 

24. Sample Templates.

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To view sample templates of Hello Prenup documents, please email Hello Prenup Customer Care at Support@HelloPrenup.com.

 

25. Compliance with Export Restrictions.

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You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

 

26. Force Majeure.

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Hello Prenup shall not be considered in breach of or default under these Terms of Use or any contract with you, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, pandemic, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than 60 days in the aggregate, Hello Prenup may immediately terminate these Terms of Use and shall have no liability for or as a result of any such termination.

 

27. Personal Use.

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The site is made available for your personal use on your own behalf.

 

28. North Carolina Residents

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If you are a North Carolina resident, the following provisions will apply to your purchases from Hello Prenup:

• The disclaimers of warranties and limitations of liability herein will not apply to you.
• These Terms will not be construed to limit your recovery of damages or other remedies.
• These Terms will not be construed to require you to agree to jurisdiction or venue in any state other than North Carolina for resolution of disputes between you and Hello Prenup.

 

29. California Residents

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Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Digital Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Hello Prenup is not a registered or bonded legal document assistant under California Business and Profession Code, sections 6400 et seq. Hello Prenup is located at 10 High Street, Suite 1002, Boston, MA 02110.

 

30. Acknowledgement.

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BY USING HELLO PRENUP SERVICES OR ACCESSING THE HELLO PRENUP SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. Hello Prenup is located at 10 High Street, Suite 1002, Boston, MA 02110.

 

Last updated: October 10, 2025