Terms of Service

Effective Date: February 1, 2026

These Terms of Service (the “Terms”) govern access to and use of the services, platform, and reports provided by Missingwealth, a division of Escheatify Inc. (“Missingwealth,” “we,” “us,” or “our”). By accessing or using our services (the “Services”), you agree to be bound by these Terms.

1. Nature of Services

1.1 Service Description

Missingwealth provides a structured notification and inquiry service designed to assist estate representatives and their advisors in identifying potential assets and liabilities of a deceased individual by contacting financial institutions and other third parties.

1.2 Limited Agency Appointment

You appoint Missingwealth as your limited agent solely for the purpose of transmitting notifications of death and requests for information to financial institutions and other relevant third parties on your behalf.

1.3 No Registry or Direct Access

Missingwealth is not a centralized registry of financial accounts and does not have direct access to financial institution databases.

2. User Representations and Responsibilities

2.1 Authority to Act

You represent and warrant that you are legally authorized to act on behalf of the estate, the deceased, or an authorized representative, and that you have obtained all necessary rights, consents, and permissions to provide information and request asset or liability confirmation.

2.2 Accuracy of Information

You are solely responsible for the accuracy and completeness of all information submitted. Missingwealth is not responsible for errors resulting from inaccurate or incomplete data.

2.3 Lawful Use

You agree to use the Services only in compliance with applicable laws and regulations, including privacy and estate administration laws.

3. Platform Access and Use

3.1 License Grant

Subject to these Terms, Missingwealth grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Platform for your internal business purposes.

3.2 Authorized Users

Access is limited to authorized users under your account. You are responsible for all activities conducted under your credentials.

3.3 Restrictions

You may not:

  • Reverse engineer, copy, or modify the Platform
  • Resell, sublicense, or commercially exploit the Platform
  • Use the Platform to build a competing product or service
  • Interfere with or disrupt the integrity or performance of the Services

4. Third-Party Interactions and Outputs

4.1 Third-Party Reliance

The Services rely on responses and data provided by third parties, including financial institutions. Missingwealth does not control and is not responsible for third-party actions, omissions, or responses.

4.2 No Guarantee of Delivery or Response

Missingwealth does not guarantee that notifications will be received, processed, or responded to by any institution.

4.3 Report Definitions

Reports may include the following statuses:

  • Notified – Notification sent requesting confirmation
  • No Record – Institution reports no record
  • Record Found – Institution indicates a record exists
  • Action Required – Additional follow-up required

4.4 No Verification

Missingwealth does not independently verify the accuracy or completeness of any third-party response.

5. Fees and Payment

5.1 Fees

Fees are as specified in your order and are non-refundable once Services have commenced.

5.2 Currency

Canadian services are billed in CAD; U.S. services in USD unless otherwise specified.

5.3 Taxes

You are responsible for all applicable taxes, duties, and withholdings.

5.4 No Set-Off

Payments may not be withheld or reduced for any reason.

6. Data, Security, and Privacy

6.1 Privacy

Your use of the Services is also governed by our Privacy Policy.

6.2 Security Measures

Missingwealth implements commercially reasonable administrative, technical, and organizational safeguards to protect data.

6.3 No Absolute Security

You acknowledge that no system is completely secure. Missingwealth does not guarantee that the Services will be free from unauthorized access, cyberattacks, or security breaches.

6.4 User Responsibility for Security

You are responsible for maintaining the confidentiality of your credentials and for securing your own systems.

7. Confidentiality

Each party agrees to protect the other’s confidential information and use it solely for purposes of the Services, except where disclosure is required by law.

8. Disclaimers

8.1 No Guarantee of Results

Missingwealth does not guarantee the identification of all assets or liabilities.

8.2 No Professional Advice

Missingwealth does not provide legal, financial, or fiduciary advice.

8.3 As-Is Basis

The Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, or non-infringement.

9. Limitation of Liability

9.1 Exclusion of Certain Damages

To the maximum extent permitted by law, Missingwealth shall not be liable for any:

  • indirect, incidental, consequential, special, or punitive damages
  • loss of profits, revenue, business opportunities, or goodwill
  • loss of data or estate value
  • liquidated damages or similar claims

arising out of or related to the Services, even if advised of the possibility of such damages.

9.2 Liability Cap

Missingwealth’s total aggregate liability arising out of or related to the Services shall not exceed the total fees paid by you to Missingwealth in the twelve (12) months preceding the event giving rise to the claim.

9.3 Third-Party and Cyber Risks

Missingwealth shall not be liable for damages arising from:

  • third-party actions or failures
  • unauthorized access, hacking, or cyberattacks
  • data breaches not caused by Missingwealth’s gross negligence or willful misconduct

10. Indemnification

You agree to indemnify, defend, and hold harmless Missingwealth and its affiliates, officers, and employees from any claims, damages, or liabilities arising from:

  • your breach of these Terms
  • your lack of authority to act
  • inaccurate or unlawful data provided by you
  • your misuse of the Services

11. Suspension and Termination

11.1 Suspension Rights

Missingwealth may suspend or terminate access where reasonably necessary to:

  • prevent misuse
  • comply with law
  • protect system integrity

11.2 Effect of Termination

Upon termination:

  • access to the Platform may be revoked
  • fees remain payable and non-refundable
  • ongoing Services may be discontinued

12. Force Majeure

Neither party is liable for delays or failures due to events beyond reasonable control, including natural disasters, cyber incidents, government actions, or infrastructure failures.

13. General Terms

13.1 Assignment

You may not assign these Terms without consent. Missingwealth may assign in connection with a merger, acquisition, or sale of assets.

13.2 Entire Agreement

These Terms constitute the entire agreement between the parties.

13.3 Severability

Invalid provisions will be modified to reflect original intent.

13.4 Governing Law

These Terms are governed by the laws of Ontario, Canada.