Lifetime Guardians™ Terms of Service

These Terms of Service govern access to and use of Lifetime Guardians™ and the Lifetime Guardians Document Care Service™.

1. Definitions

In these Terms:

BTIC means BTIC, trading as Brian Tracy International Club by Paul Martin.

Estate Planning Professional means the Estate Planning Professional associated with the relevant Lifetime Guardians™ arrangements and identified on the Lifetime Guardians™ document.

Parent means the person using Lifetime Guardians™ to put arrangements in place concerning their minor child or children.

Participant means a person nominated or invited to take part in Lifetime Guardians™ arrangements, including a guardian, trusted person or witness.

Service means Lifetime Guardians™ and, where applicable, the Lifetime Guardians Document Care Service™.

User means any person using the Service, including a Parent, Grandparent, Participant, a person who knows a Parent and introduces them or Estate Planning Professional.

2. Acceptance of these and subsequently amended Terms

Use of the Service is conditional upon acceptance of these Terms.

Where a form requires acceptance of these Terms, ticking the required acceptance box and submitting the form constitutes acceptance of the Terms in force at that time.

Where no form is required, a User accepts the Terms in force at that time by using, participating in or otherwise obtaining the benefit of the Service after those Terms have been made available. This includes providing information, requesting or accepting an update, taking part in a document, approving or signing a document, or otherwise continuing to use the Service.

Simply receiving an email or invitation does not by itself constitute acceptance. However, taking action in response which involves using, participating in or obtaining the benefit of the Service constitutes acceptance of the Terms then in force.

BTIC may amend these Terms at any time. The current version will be made available through Lifetime Guardians™ and will state its effective date. Where applicable law requires a particular change to be specifically notified, that requirement will be followed.

Continued use of or participation in the Service after revised Terms have been made available constitutes acceptance of those revised Terms. A User who does not wish to be bound by the Terms should not use or continue to use the Service. A Parent may stop their own Lifetime Guardians™ Service immediately, without notice or charge.

3. Who operates and owns Lifetime Guardians™/Lifetime Guardians Document Care Service™

Lifetime Guardians™ and the Lifetime Guardians Document Care Service™ are operated by BTIC, trading as Brian Tracy International Club by Paul Martin.

Contact: [email protected]

BTIC owns and controls the Lifetime Guardians™ ecosystem, including its methodology, processes, workflows, forms, templates, automation design, branding, know-how, architecture, database structure, associated intellectual property and associated commercial rights.

Any rights granted to an Estate Planning Professional in relation to particular people, enquiries or results are governed solely by that professional's separate written agreement with BTIC and do not transfer ownership or control of the Lifetime Guardians™ ecosystem or intellectual property.

Use of Lifetime Guardians™ gives no User ownership or control of the Lifetime Guardians™ ecosystem, infrastructure, methodology, workflows, automation, database structure, intellectual property or commercial rights.

Lifetime Guardians™ and Lifetime Guardians Document Care Service™ are used as trademarks.

Lifetime Guardians™ is operated using third-party software and technology, which remains the property of the relevant third-party providers.

4. The Lifetime Guardians™ document

Each Lifetime Guardians™ document identifies an Estate Planning Professional.

The content and wording used for Lifetime Guardians™ documents has been approved for use by the Estate Planning Professional identified on that document.

BTIC provides the Lifetime Guardians™ methodology, infrastructure and automated process through which information supplied by Users is used to produce the document.

BTIC does not independently approve the legal wording of the Lifetime Guardians™ document and accepts no professional responsibility for that wording.

5. Information supplied through the Service

Each User is responsible for ensuring that information they personally provide through the Service is complete and accurate.

Lifetime Guardians™ documents are produced using information supplied through the Service. BTIC does not independently investigate or verify that factual information.

6. Responsibility for the completed document

The Parent is responsible for satisfying themselves that the completed Lifetime Guardians™ document accurately reflects their wishes and the arrangements they intend to put in place.

The Parent must check the completed document carefully and is responsible for ensuring that all factual information is correct, including information supplied by Participants.

The legal wording of the document has been produced or approved by the Estate Planning Professional. BTIC has no responsibility for the creation or approval of that legal wording and does not approve the completed document on behalf of the Parent.

The signing and attestation of the document takes place without supervision by BTIC or the Estate Planning Professional. The Parent is responsible for satisfying themselves that the document has been correctly completed and signed.

If the completed and signed document does not reflect the Parent’s wishes, the Parent is responsible for requesting any required amendments, which can be provided through the Lifetime Guardians Document Care Service™.

Any factual error should be notified to Lifetime Guardians™ within 14 days of the completed document being issued.

If no correction is notified within that period, the Parent will be deemed to have checked and accepted the factual information contained in the document, subject to any statutory right which cannot lawfully be restricted.

7. Responsibilities of Participants

Participation is voluntary.

Each Participant is responsible for the accuracy of information that they personally provide and for deciding whether they are willing and able to accept the role for which they have been nominated.

A Participant may decline to participate or subsequently withdraw.

Where a Participant does not respond, declines, withdraws, becomes incapable, incapacitated, unsuitable or unavailable, dies or otherwise ceases to be able to act, responsibility for choosing a replacement rests with the Parent.

If a Participant has not responded within 14 days of being contacted, the Parent should consider whether a replacement needs to be nominated.

Lifetime Guardians™ may communicate with or remind a Participant but does not undertake to do so.

Where appropriate, the Parent may be informed that a Participant has not completed the process or has withdrawn but there is no obligation to do so.

8. No professional advice through Lifetime Guardians™

BTIC and Lifetime Guardians™ and the automated/A.I. elements of the Service do not provide any advice of any kind including but not exclusively individual legal, tax, financial or other professional advice.

Information provided through the Service is general information intended to explain Lifetime Guardians™, assist Users through the process and provide information requested through the Service.

Any separate professional advice provided by an Estate Planning Professional or another independent provider is outside the automated Lifetime Guardians™ Service.

9. What Lifetime Guardians™ provides

Depending upon the User's role, the Service may include:

collecting information;

contacting Participants;

producing documents using information supplied;

arranging electronic signatures;

issuing completed documents;

maintaining information required for the continuing Lifetime Guardians Document Care Service™;

enabling documents to be updated when circumstances change.

The Lifetime Guardians™ document is currently provided without charge.

If a paid product or service is introduced, the relevant price and any additional terms will be made available before a User chooses to purchase it.

10. Lifetime Guardians™ is not an emergency service

Lifetime Guardians™ is not an emergency-response, emergency-monitoring, emergency-notification or guardian-alert service.

BTIC does not undertake to discover that an accident, illness, incapacity, death or other emergency has occurred or automatically notify Participants, hospitals, emergency services, Social Services, local authorities or other organisations following such an event.

11. Arrangements are not complete until the process is complete

Beginning the Lifetime Guardians™ process does not mean that the Parent's arrangements are in place.

The Parent should not rely upon the arrangements as completed until all required information, confirmations and e-signatures have been obtained and the final completed, e-signed Lifetime Guardians™ document has been issued.

Neither BTIC nor the Estate Planning Professional is responsible for loss arising solely because an accident, illness, incapacity, death or other event occurs before the required process has been completed.

12. Decisions made by third parties

A Lifetime Guardians™ document records arrangements and intentions.

It cannot remove or restrict any power, responsibility or discretion given by law to a court, local authority, Social Services, emergency service, hospital, school, government organisation or other third party.

Lifetime Guardians™ cannot guarantee what any such person or organisation will decide or do in particular circumstances.

13. Lifetime Guardians Document Care Service™

The Lifetime Guardians Document Care Service™ is designed to help keep Lifetime Guardians™ arrangements current.

Parents may choose to be asked every three, six or twelve months whether relevant information or circumstances have changed. As a Lifetime Guardians™ document may need to be relied upon unexpectedly, keeping it up to date is important.

Where possible, information already held may be used so that only relevant changes need to be supplied rather than requiring the complete process to be repeated.

The Parent remains responsible for notifying Lifetime Guardians™ of an important change rather than waiting for a periodic review.

Neither BTIC nor the Estate Planning Professional is responsible for consequences caused solely by relevant information becoming inaccurate or out of date where the change was not notified.

14. Optional reports, information, products and services

Lifetime Guardians™ may from time to time make available optional reports, information, products, services or introductions which may be relevant to a User, their family, household, business or circumstances.

No User is obliged to request, purchase or use anything offered in this way.

Where a User actively requests a report, information, product, service, introduction or other assistance, information voluntarily provided by that User may be used for the purpose of responding to that request.

Where appropriate, an enquiry may be introduced or referred to a suitable provider.

Where the enquiry concerns Estate Planning, it may first be offered to the Estate Planning Professional associated with the relevant Lifetime Guardians™ arrangements provided that professional is contractually entitled to receive it.

If that Estate Planning Professional is unavailable, unable or unwilling to assist, or is not contractually entitled to the enquiry, another suitable provider may be offered.

Where an enquiry concerns something other than Estate Planning, it may be introduced or referred to an appropriate provider relevant to that request.

Where personal information needs to be provided to an independent provider, this will be explained and any permission required by law will be obtained.

15. Independent professionals and providers

BTIC does not guarantee the qualifications, regulatory status, knowledge, experience, conduct, advice, products or availability of any Estate Planning Professional or other independent provider and is not responsible for the quality of any service independently provided. 

A User who chooses to use an independent professional or provider for any product or service outside of Lifetime Guardians™ is responsible for deciding whether that provider is suitable for their requirements and BTIC is not responsible for advice, products or services independently provided.

16. Technology, automation and artificial intelligence

Lifetime Guardians™ is designed as an automated online service.

The Service may use automated workflows, artificial intelligence and other technology to:

collect and organise information;

communicate with Users;

produce documents using information supplied;

administer electronic signing;

answer questions;

provide information or reports requested by Users; and

operate the Lifetime Guardians Document Care Service™.

Lifetime Guardians™ does not use automated systems to make legal or similarly significant decisions about Users.

The Service currently uses third-party technology including:

HighLevel/GoHighLevel;

Make;

Airtable; and

Signable.

BTIC does not own those software platforms or control their underlying software, infrastructure, networks or security architecture.

No internet or cloud-based system can be guaranteed to operate continuously or to be completely immune from technical failure or security incidents.

17. Responsibility and limitation of liability

Responsibility for factual information supplied through the Service rests with the User supplying that information, and the Parent is responsible for checking the completed document.

Neither BTIC nor the Estate Planning Professional is responsible for loss caused solely by:

inaccurate, incomplete or misleading information supplied by a User;

failure by the Parent to check the completed document;

a Participant failing or refusing to respond or complete an action;

failure to replace an unavailable or unsuitable Participant;

failure to complete the required Lifetime Guardians™ process;

an event occurring before completion;

a relevant change not being notified;

information becoming inaccurate after completion without Lifetime Guardians™ being informed;

the independent decision or conduct of another professional or provider;

the exercise of legal powers or discretion by a court, local authority, Social Services or other public authority; or

circumstances outside their reasonable control.

BTIC is not responsible for loss caused solely by a failure or security incident affecting an independent technology provider where BTIC has used that provider appropriately and complied with its own applicable legal obligations.

Nothing in these Terms excludes or restricts liability which cannot lawfully be excluded or restricted, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

Nothing in these Terms removes any mandatory statutory right.

18. Ending use of the Service

A Parent may end their own Lifetime Guardians™ Service at any time, including where the Service is no longer required, for example because the children concerned have reached 18.

When the Parent’s Service ends:

the Lifetime Guardians Document Care Service™ for those arrangements ends;

no further reviews, reminders, redrafts or updates will be provided for those arrangements; and

completed documents and personal information held solely for those arrangements will be deleted when they are no longer required for any lawful purpose, in accordance with the Privacy Policy.

Ending a Parent’s own Service does not affect any separate role they may have as a Participant in another person’s active Lifetime Guardians™ arrangements. Information required for that separate role will continue to be held for as long as it remains necessary for those arrangements.

19. Suspension or withdrawal of the Service

BTIC may suspend or withdraw the free Service, or a User’s access to it, at any time and is not required to provide a reason.

Where the suspension or withdrawal is not due to misconduct, misuse, breach of these Terms or other conduct by the User, BTIC will normally seek to give reasonable notice where practicable, but is under no obligation to do so.

20. Copyright and permitted use

All Lifetime Guardians™ content is protected by copyright. No part may be copied, reproduced, adapted, disclosed or distributed, in whole or in part, in any form or by any means, without BTIC’s prior written permission, except as necessary for a User’s authorised use of the Service.

21. Commercial exploitation and system protection

No User may, directly or indirectly, personally or through any company, business, person or other entity, reverse engineer, scrape, extract, replicate, reproduce, circumvent, disclose, commercially exploit or use the Lifetime Guardians™ ecosystem, methodology, processes, workflows, automation, database structure, know-how or other proprietary information other than for the authorised purpose of using the Service.

This prohibition includes using any part of the Service or information obtained through it to create, develop, operate, assist or enable any competing or similar service, whether for the User or any third party.

Each separate unauthorised use, reproduction, document produced, disclosure, transfer, provision to a third party or other act of commercial exploitation constitutes a separate breach.

For each such breach, the User shall compensate BTIC by the greater of £25,000 or the commercial value of the breach or loss suffered by BTIC, together with any other rights or remedies available to BTIC. 

This clause does not apply to the ordinary authorised use of Lifetime Guardians™ by a User for its intended purpose. 

22. Privacy

Personal information is handled in accordance with the current Lifetime Guardians™ Privacy Policy.

Acceptance of these Terms is separate from acknowledgement of the Privacy Policy and from any consent which may be legally required for a particular activity.

23. Questions, requests and complaints

Lifetime Guardians™ is an automated online service.

BTIC operates the Lifetime Guardians™ support, privacy and complaints process, including operational work carried out on behalf of the relevant Estate Planning Professional.

Questions, correction requests, withdrawal requests, privacy requests and complaints concerning Lifetime Guardians™ should be directed to:

Email: [email protected]

BTIC will deal with the matter or involve the relevant responsible party where required.

24. Governing law

These Terms are governed by the laws of England and Wales.