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Terms and Conditions - Soulful by Amaly

1. Introduction and Acceptance of Terms

These Terms and Conditions ("Terms") govern your use of Amaly Legacy's services ("Services"), which include our will drafting technology and fundraising widget platform available at www.amalylegacy.com. These Services are exclusively available to approved Partner NGOs and their donors/testators.

By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with these Terms, you must not use the Services.

 

2. Service Accessibility and Eligibility

2.1 Partner NGO Requirements

  • Services are exclusively available to organisations approved by Soulful by Amaly

  • Organisations must complete our verification process

  • Organisations must maintain valid registration and compliance with local regulations

  • Soulful by Amaly reserves the right to approve or reject any organisation

2.2 User Eligibility

  • Users must be at least 21 years of age or 18 years of age (if the latter is the legal age in your jurisdiction)

  • Must be legally capable of entering into binding contracts

  • Must be either:

    • An authorised representative of an approved Partner NGO

    • A donor/testator using this service provided by an approved Partner NGO

We reserve the right to approve or reject any organiation at our sole discretion.

3. Services Overview

3.1 Will Drafting Technology

The Will Drafting Technology ("Technology") is an automated platform designed to assist users in creating preliminary draft wills and legacy giving arrangements. The Technology uses user-provided information to generate customised draft documents based on templates developed in consultation with legal professionals.

Our Technology facilitates:

  • Automating draft will creation;

  • Legacy giving; and

  • Self-help documentation.

 

Our Technology and service is not a substitute for legal advice. 


IMPORTANT NOTICE: PLEASE READ CAREFULLY

The Will Drafting Technology is provided as a self-help tool and organisational resource only. Users acknowledge and agree to the following:

  1. Not Legal Advice:

    • The Technology does not provide legal advice

    • No attorney-client relationship is created through use of the Technology

    • Generated documents are drafts only and require professional review

    • The Technology cannot replace the expertise of qualified legal counsel

  2. Professional Review Required:

    • All draft documents should be reviewed by a qualified attorney

    • Local laws and regulations may affect the validity of generated documents

    • Personal circumstances may require specialised legal guidance

    • Complex estates require additional professional consultation

  3. No Guarantees:

    • We do not guarantee the legal validity of generated documents

    • Templates may not address all individual circumstances

    • Updates to laws may affect document validity

    • Jurisdictional requirements may vary

 

To maximise the benefits of the Will Drafting Technology, users should:

  1. Provide accurate and complete information

  2. Review all generated documents carefully

  3. Seek professional legal review before finalising

  4. Keep documents updated as circumstances change

  5. Store final documents securely

  6. Inform executors of document location

  7. Review and update periodically


Service Updates and Modifications

We reserve the right to:

  • Update templates and forms as laws change

  • Modify features and functionality

  • Add or remove service components

  • Adjust user interface and experience

  • Update supporting materials

  • Implement security enhancements

Users will be notified of material changes that affect document generation or storage.

 

Geographic Availability

The Technology's features and templates may vary by jurisdiction. Users are responsible for confirming their jurisdiction's requirements and the applicability of generated documents to their situation.

Reminder: The will drafting technology is a self-help service and does not constitute legal advice. It is not a substitute for consulting with a qualified attorney. We recommend that you consult with independent legal counsel to review your draft will.

3.2 Fundraising Widget

The Fundraising Widget ("Widget") is an integrated digital fundraising solution that enables Partner NGOs to seamlessly spark funding, track impact, and engage with funders. The Widget can be embedded into Partner NGO websites and digital communications, providing a secure and efficient platform for charitable giving.

Our Fundraising technology and service offers:

  • Customisable fundraising interfaces;

  • Tax receipt generation;

  • Impact tracking; and

  • Direct payment processing integration.

4. Fee Structure

4.1 Standard Terms

4.1.1. Fees for Partner Charities - 100% FREE SERVICE

Soulful by Amaly provides its core Services on a pro bono basis as part of our commitment to supporting charitable organisations. Our revenue model is structured to maintain the sustainability of our platform whilst ensuring accessibility for all approved Partner NGOs.

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Only for select NGOs, we transparently incorporate Voluntary Donor Tips where we offer donors the option to contribute a discretionary amount to support our platform's operational costs. These voluntary tips are clearly distinguished from the primary donation amount and are entirely optional. Donors are informed that their primary donation goes directly to their chosen charity less processing and banking fees and the donors have the ability to cover the processing fees in order for 100% of the donation amount to go to the charity. 

4.1.2. Fees for Small and Medium Enterprises with Charitable Objectives

Transaction Fee Structure For non-donation transactions, such as merchandise sales, a modest percentage fee applies. This fee structure comprises:

  • A base rate per successful transaction

  • Additional fees for specific payment methods

  • Volume-based discounts for qualifying organisations


Custom Partnership Arrangements We recognise that different organisations have varying needs and resources. Therefore, alternative arrangements may be agreed upon with specific NGOs.

4.2 Payment Processing

Our payment processing infrastructure is designed to ensure secure, efficient handling of all transactions whilst maintaining transparency and compliance with relevant regulations.

  • Third-Party Payment Providers: We integrate with established payment service providers such as Stripe to ensure:

    • Secure transaction processing

    • Compliance with international banking standards

    • Multiple payment method support

  • Supported Payment Methods: Our platform supports diverse payment options including:

    • Major credit and debit cards

    • Digital payment services

    • Bank transfers

    • Cryptocurrency transactions (where legally permitted)

    • Mobile payment solutions

5. Important Disclaimers

5.1 Legal Disclaimer

  • Amaly is not a law firm

  • There is no attorney-client relationship established with any of our Services

  • There are no legal, tax, accounting and/or investment advice provided

  • Amaly strongly recommends independent legal counsel review before using any of our technologies and/or Services

To the maximum extent permitted by law:

  • Soulful by Amaly shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses resulting from:

    • Your access to or use of or inability to access or use the Services.

    • Any conduct or content of any third party on the Services.

    • Any content obtained from the Services.

    • Unauthorised access, use, or alteration of your transmissions or content.

5.2 Service Disclaimer

  • Services are provided on an "as is" and "as available" basis.

  • No warranties or representations regarding the accuracy, completeness, or reliability of the Services.

  • No guarantee of continuous availability of the Services and technologies

6. Data Management

6.1 Data Retention

  • Fundraising widget data retained until deletion request

  • Will creation data retained until deletion request

  • Account information retained until deletion request

  • Marketing preferences retained until consent withdrawal

6.2 Data Rights

All GDPR rights as outlined in Privacy Policy, including:

  • Right to access

  • Right to rectification

  • Right to erasure

  • Right to restrict processing

  • Right to data portability

  • Right to object

  • Rights regarding automated decision-making

7. Platform Usage

7.1 Permitted Use

Our platform is designed to empower charitable organisations and facilitate meaningful giving. We provide a comprehensive suite of tools and services to support the charitable sector's digital transformation and impact measurement needs.

Users granted access to our platform are expressly permitted to engage in the following activities:

  • Creating fundraising widgets;

  • Processing donations;

  • Generating draft wills;

  • Impact tracking; and

  • Tax receipt generation.

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7.2 Prohibited Use

To maintain the integrity of our platform and protect our users, certain activities are strictly prohibited. Any violation of these restrictions may result in immediate termination of access and potential legal action:

  • Commercial resale of services;

  • Unauthorised modification;

  • Reverse engineering; and

  • Unauthorised data collection.

8. Intellectual Property

  • Platform remains property of Amaly

  • All content and materials available on the Site and through the Services, including but not limited to text, graphics, website name, code, images, and logos, are the intellectual property of Soulful by Amaly and are protected by applicable intellectual property laws.

  • Partners retain rights to their content

  • Limited license for approved use

9. Dispute Resolution

9.1 Arbitration 

These Terms and all matters arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC). The parties irrevocably submit to the exclusive jurisdiction of the DIFC courts for any matters not subject to arbitration under these Terms.

Any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the DIFC-LCIA Arbitration Rules, which Rules are deemed to be incorporated by reference into this clause.

9.2 Arbitration Proceedings

9.2.1 Arbitration Panel

The tribunal shall consist of three arbitrators:

  • One arbitrator appointed by Amaly

  • One arbitrator appointed by the opposing party

  • The presiding arbitrator appointed by the DIFC-LCIA Court All arbitrators shall be and remain independent and impartial of the parties.

9.2.2 Language and Location

  • The arbitration proceedings shall be conducted in English

  • All documents submitted shall be in English or accompanied by a certified English translation

  • The seat of arbitration shall be the Dubai International Financial Centre

  • Hearings shall take place at the DIFC-LCIA Arbitration Centre unless otherwise agreed

9.2.3 Confidentiality

All matters relating to the arbitration, including:

  • The existence of the arbitration proceedings

  • All pleadings, documents, and evidentiary materials

  • All hearings and awards shall remain strictly confidential, except as required by applicable law or for enforcement purposes.

9.3 Pre-Arbitration Dispute Resolution

Before initiating arbitration proceedings, parties shall:

  1. Provide written notice of the dispute to the other party

  2. Engage in good faith negotiations for 30 days

  3. Participate in mediation under DIFC-LCIA Mediation Rules if direct negotiations fail

  4. Document all attempted resolution efforts

9.4 Interim Relief

Nothing in these Terms shall prevent either party from seeking interim or conservatory measures from any court of competent jurisdiction before the constitution of the arbitral tribunal. Such actions shall not be deemed a waiver of this arbitration agreement.

9.5 Award and Enforcement

9.5.1 Final and Binding Award

  • The arbitral tribunal shall render a reasoned award in writing

  • The award shall be final and binding upon the parties

  • Parties waive any right of appeal to the fullest extent permitted by law

  • The award may be enforced in any court of competent jurisdiction

9.5.2 Costs and Fees

The arbitral tribunal shall have the power to:

  • Determine the allocation of arbitration costs

  • Award reasonable legal fees and expenses

  • Consider parties' conduct in allocating costs

  • Order security for costs where appropriate

10. Changes to Terms

  • May be updated without notice

  • Continued use implies acceptance

  • Material changes will be communicated

Contact Information

For inquiries:

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