These Terms of Service (“Terms”) govern your access to and use of the website located at simplyseparation.ca, the calculators, worksheets, articles, and other tools offered on it, the software that powers those tools, any content we deliver through third-party websites (including via embedded iframes or distributed snippets), and any related application programming interfaces (collectively, the “Services”). The Services are provided by Freedom Family Law Corporation, operating under the name “Simply Separation” (“we,” “our,” or “us”).
By accessing or using the Services — including by using a Simply Separation tool that has been embedded on a third-party website — you agree to be bound by these Terms. If you do not agree to these Terms, you must stop using the Services immediately.
1. NOT LEGAL ADVICE — PLEASE READ CAREFULLY
The Services provide general legal information only. They do NOT provide legal advice, and your use of the Services does not create a solicitor-client, attorney-client, or other professional-advisor relationship between you and Simply Separation, Freedom Family Law Corporation, any lawyer, or any operator of a website on which the Services are embedded.
Family law in Canada is governed by a combination of federal statutes (including the Divorce Act and the Federal Child Support Guidelines), provincial and territorial statutes (which vary significantly from jurisdiction to jurisdiction), common law, and the Spousal Support Advisory Guidelines (which are advisory only and not law). The calculators, worksheets, articles, and other materials on the Services are general informational tools that mechanically apply published statutes, regulations, tables, and parameters to the numerical inputs you enter. They do not exercise legal judgment on your facts and they are not a substitute for advice from a qualified lawyer licensed to practise in your jurisdiction, who has reviewed your specific circumstances, and who has considered the full body of applicable federal, provincial, territorial, and municipal law, any applicable court orders, and any applicable agreements.
You must obtain independent legal advice from a lawyer licensed in your jurisdiction before taking any action or making any decision based on information obtained from the Services, and before signing any separation agreement, cohabitation agreement, prenuptial or marriage agreement, consent order, or other legal document.
While we take care to encode the calculators and other tools to reflect the applicable statutes, regulations, guidelines, and published tables at the time of publication, we do not guarantee that any output of the Services will match what a court, tribunal, or administrative body would order, that the underlying legal framework has not changed, that the output is accurate for your particular facts, or that the output is suitable for any particular purpose. Outputs are mechanically-generated estimates and starting points for further analysis by a qualified lawyer.
2. Eligibility
You may use the Services only if you are at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) and capable of forming a legally binding contract under the laws of your jurisdiction. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and references to “you” mean both you individually and that organization.
3. The Services
Simply Separation offers free, web-based tools and content designed to help Canadian families understand certain aspects of family law. The Services currently include:
- The Child Support Calculator, which estimates guideline amounts under the Federal Child Support Guidelines, Schedule I (available for all Canadian provinces and territories except Quebec);
- The Spousal Support Calculator, which computes estimated ranges by applying the published Spousal Support Advisory Guidelines (SSAG) formulas and current federal and provincial tax and benefit parameters to the inputs you enter, with coverage for all Canadian provinces and territories;
- The Common-Law Checker, which provides jurisdiction-specific information about cohabitation and common-law status under the applicable provincial or territorial family law statute;
- The Divorce Eligibility Checker, which provides information about threshold requirements for filing a divorce under the federal Divorce Act;
- Articles, guides, frequently asked questions, and other educational content published on the blog and elsewhere on the website;
- Any additional calculator, worksheet, checker, article, template, application programming interface, or software tool that we make available through the Services from time to time (including tools that are currently in development, such as a Property Division Worksheet and a Separation Agreement Outline).
The Services are designed to reflect Canadian federal law and Canadian provincial and territorial law. They are not designed for, and must not be relied on in, any jurisdiction outside Canada. If you access the Services from outside Canada, you do so on your own initiative and at your own risk, and you are responsible for compliance with any local laws.
We may modify, suspend, or discontinue any part of the Services at any time, with or without notice, including by changing the underlying legal calculations, removing tools, adding tools, altering the user interface, or changing the scope of jurisdictional coverage. We may also impose limits on certain features or restrict access to parts of the Services.
4. Accounts
The Services can currently be used without creating an account. If account features become available in the future, you will be responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
5. Acceptable use
You agree not to:
- Use the Services for any unlawful purpose or in violation of any applicable federal, provincial, territorial, state, or local law or regulation;
- Use the Services to harass, abuse, defame, intimidate, or harm another person;
- Attempt to gain unauthorized access to the Services, our systems, or another user's account or data;
- Interfere with, disrupt, or create an undue burden on the Services or our infrastructure, including through automated requests at abusive volumes, denial-of-service techniques, or any other method that degrades performance for other users;
- Scrape, crawl, or otherwise extract large quantities of data from the Services without our prior written consent, other than for lawful search-engine indexing in compliance with our robots.txt;
- Use the Services, or any output, methodology, data, or software derived from the Services, to develop or operate a competing product or service without our prior written consent;
- Reverse engineer, decompile, or disassemble any part of the Services, except to the extent expressly permitted by applicable law notwithstanding this prohibition;
- Remove, obscure, or alter any copyright, trademark, attribution, or other proprietary or legal notices on the Services;
- Misrepresent the output of the Services — for example, by presenting an estimate as a binding legal determination or court-ordered amount.
6. Embedding our tools
We permit any person or organization (each an “Embedder”) to embed our publicly available calculator tools on their website, subject to the following conditions:
- You must use the embed code provided by us without modifying the iframe source URL or tampering with any script we supply;
- You must keep the attribution links inside the iframe (including links to SimplySeparation.ca and to the OpenSSAG repository) visible and unobstructed;
- You may not represent the tool as your own proprietary product, although you may describe it as “Powered by Simply Separation”;
- You may not use the embed in a manner that would reasonably suggest that Simply Separation or Freedom Family Law Corporation endorses you, your firm, or your services without our prior written consent;
- You must not wrap, frame, mask, or augment the embed with content that could reasonably be understood as our legal advice, as a guarantee of the embed's accuracy, or as altering these Terms or our Privacy Policy;
- You must ensure that end users of your website who interact with the embed have reasonable notice of, and a reasonable opportunity to review, these Terms (including by linking to them from near the embed);
- You must not use the embed on a website whose primary content is unlawful, defamatory, obscene, or otherwise injurious to reputation.
By embedding any of our tools, the Embedder agrees to defend, indemnify, and hold harmless Freedom Family Law Corporation, its directors, officers, employees, contractors, agents, affiliates, and licensors (the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees on a solicitor- and-own-client basis) arising out of or in any way connected with: (i) the Embedder's use, display, or distribution of the embed; (ii) any end user's use of, or reliance on, content delivered through the embed on the Embedder's website; (iii) any breach by the Embedder of these Terms; and (iv) any representation or omission by the Embedder concerning the embedded tool, its scope, its accuracy, or its legal effect.
We reserve the right to terminate any Embedder's permission to embed the Services at any time, with or without cause. If we do so, the Embedder must remove the embed promptly on being notified.
7. Intellectual property
All content on the Services — including text, graphics, logos, images, user interface, visual design, software (other than software we release under a separate open-source licence, including the OpenSSAG engine, which is governed by its own terms), and the selection and arrangement of the foregoing — is the property of Freedom Family Law Corporation or its licensors and is protected by copyright, trademark, and other intellectual property laws of Canada and other jurisdictions.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services for your personal, non-commercial use, and (where applicable) to embed our tools in accordance with Section 6. Where any portion of the Services is published under a public open-source licence (such as Apache-2.0), your rights to that portion are governed by that licence rather than by this Section.
No other licence or right is granted. In particular, you may not reproduce, distribute, modify, create derivative works of, publicly display, transmit, syndicate, or otherwise commercially exploit any content on the Services except as expressly permitted by these Terms or by an applicable open-source licence.
8. Third-party content and links
The Services may contain links to, or embed content from, third-party websites or services, including government websites referenced for authoritative source material. We do not control and are not responsible for third-party content. Your use of third-party content is at your own risk and subject to the terms and policies of those third parties.
9. Disclaimers
THE SERVICES, INCLUDING ALL CONTENT, CALCULATIONS, RANGES, OUTPUTS, TEMPLATES, SOFTWARE, AND RELATED MATERIALS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, COLLATERAL, OR OTHERWISE. To the maximum extent permitted by applicable law, we disclaim all warranties, conditions, and representations, including warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, accuracy, completeness, non-infringement, and quiet enjoyment.
Without limiting the foregoing, we do not warrant that:
- The Services will be available, uninterrupted, timely, secure, or free of errors, viruses, or other harmful components;
- The results of using the Services (including calculator outputs, spousal or child support ranges, eligibility indications, or template text) will be accurate, complete, current, or reliable for any particular purpose, including predicting the outcome of any legal proceeding, the result of any negotiation, or the enforceability of any agreement;
- Any information, content, or materials obtained through the Services will meet your requirements or comply with the law of any particular jurisdiction;
- The Services are suitable for use in any specific jurisdiction, by any specific person, or for any specific purpose.
You acknowledge that any reliance you place on the Services is at your sole risk, and that you are responsible for obtaining independent legal advice before making any decision, taking any action, or signing any agreement based on information obtained from the Services.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FREEDOM FAMILY LAW CORPORATION, SIMPLY SEPARATION, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, AGGRAVATED, OR EXEMPLARY DAMAGES — including, without limitation, loss of profits, loss of revenue, loss of data, loss of goodwill, loss of use, business interruption, cost of substitute services, lost opportunities, or damages for pain and suffering, distress, or emotional upset — arising out of or in any way connected with your use of the Services or your inability to use the Services, whether based in contract, tort (including negligence and gross negligence), strict liability, statute (including any consumer-protection statute, to the extent that statute permits limitation), or any other legal theory, even if we have been advised of the possibility of such damages and even if a remedy set forth in these Terms is found to have failed of its essential purpose.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES — WHETHER ARISING FROM ONE EVENT OR A SERIES OF RELATED EVENTS — WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID US FOR USE OF THE SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100). BECAUSE THE SERVICES ARE FREE, THIS LIMIT WILL NORMALLY BE CAD $100.
These limitations apply regardless of the form or basis of the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of the foregoing may not apply to you; in those jurisdictions, our liability is limited to the least amount permitted by applicable law.
11. Indemnification by users
You agree to defend, indemnify, and hold harmless Freedom Family Law Corporation and its directors, officers, employees, contractors, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees on a solicitor-and- own-client basis) arising out of or in any way connected with:
- Your access to or use of the Services;
- Your violation of these Terms;
- Your violation of any rights of a third party, including intellectual property, privacy, or publicity rights;
- Any decision or action you take, or fail to take, based on information obtained from the Services — including any agreement you sign, any financial disclosure you make, any negotiating position you adopt, and any representation you make to a court, tribunal, or administrative body;
- Any loss suffered by a third party (including your spouse, co-parent, or any other counterparty) as a result of your use of the Services.
Embedders are separately subject to the broader indemnity set out in Section 6. Where both this Section 11 and Section 6 apply, both indemnities are cumulative.
12. Termination
We may suspend or terminate your access to the Services at any time, without notice, for any reason or no reason, including if we reasonably believe you have violated these Terms or that your use of the Services creates a legal or reputational risk for us. Upon termination, Sections 1, 6 (last paragraph — Embedder indemnity), 7, and 9 through 15 will survive.
13. Governing law and dispute resolution
These Terms and any dispute arising out of or in connection with these Terms or the Services are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
You agree that the courts located in Vancouver, British Columbia have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Services, and you consent to the personal jurisdiction of those courts and waive any objection based on inconvenient forum or venue. You agree that any claim must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, to the maximum extent permitted by applicable law.
14. Changes to these Terms
We may update these Terms from time to time. When we do, we will post the updated version on this page and update the “Last updated” date. Material changes will be effective upon posting. Your continued use of the Services after the updated Terms are posted constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services.
15. Miscellaneous
Entire agreement. These Terms, together with our Privacy Policy and any separate licence terms governing specific software components (including the OpenSSAG open-source licence), constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings.
Severability. If any provision of these Terms is found to be unenforceable in any jurisdiction, the remaining provisions will remain in full force and effect, and the unenforceable provision will be enforced to the maximum extent permitted by applicable law.
No waiver. Our failure to enforce any provision of these Terms will not be deemed a waiver of that provision or of our right to enforce it.
Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent. We may freely assign or transfer these Terms and our rights and obligations under them.
Force majeure. We are not liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, natural disasters, epidemic, internet or utility outages, or actions of third parties.
English language. The parties have required that these Terms and all related documents be drawn up in English. Les parties ont demandé que ces conditions et tous les documents qui s'y rapportent soient rédigés en anglais.
16. Contact us
If you have questions about these Terms, contact us at:
Freedom Family Law Corporation
Attn: Legal
Email: info@simplyseparation.ca