Fiscal Safeguard
Terms of Service
Version 1.0 · Effective date: October 21, 2026
1. Agreement & Scope
These Terms of Service ("Terms") constitute a legally binding agreement between BK Global Solutions, LLC, an Arizona limited liability company doing business as Fiscal Safeguard ("Fiscal Safeguard," "we," "us"), and the business entity that subscribes to or uses the online platform located at FiscalSafeguard.com ("Customer," "you").
Authorized Representative: The individual accepting these Terms explicitly represents and warrants that they are at least eighteen (18) years of age and are the business owner, the designated "Qualified Individual" under applicable federal regulations, or an authorized representative with the full legal authority to bind the Customer to these Terms.
Commercial Use Only: The Service is provided strictly for commercial, business-to-business (B2B) use by professional organizations (such as tax, accounting, and bookkeeping firms). The Service is not offered to individual consumers for personal, family, or household use. By creating an account, initiating a subscription, or accessing the platform, you accept these Terms and our Privacy Policy.
Consulting Services Excluded: These Terms govern your use of the online SaaS platform only. Any professional consulting, 1-on-1 advisory hours, or hands-on guidance provided by Fiscal Safeguard requires a separate, mutually executed Statement of Work (SOW) and is subject to additional fees.
2. Service & Modifications
Fiscal Safeguard provides an online software-as-a-service (SaaS) platform designed to assist firms in structuring and tracking their internal information security initiatives.
| Platform Module | Core Capabilities Provided |
|---|---|
| Guided Questionnaire | A structural dynamic form assessing the firm's current security practices. |
| WISP Generation | A downloadable Written Information Security Plan template generated in Word and PDF formats based entirely on Customer inputs. |
| Dynamic Compliance Remediation Ledger & Evidence Locker | A secure in-app ledger to assign open tasks, set due dates and log status, with an Evidence Locker for sanitized proof files. Completed items and their evidence are kept in the Evidence Archive. |
| Change Log | A dated record of approved changes to the firm's systems, devices and software, with the approver and optional supporting files. |
| Staff Access | Owner-managed invitations so each staff member has their own sign-in; access can be removed at any time. |
| Compliance Calendar | Scheduled compliance milestones featuring optional automated email reminders. |
| Advisor Access Support | An optional mechanism to request manual consulting assistance, governed separately by Section 7 and an executing SOW. |
Platform Modifications: Fiscal Safeguard is a dynamic cloud environment. We reserve the absolute right to optimize, change, improve, update, or modify features of the platform at our sole discretion. We may also temporarily suspend or discontinue parts of the platform to address security vulnerabilities or regulatory changes. Platform modifications or feature updates do not entitle Customer to any refunds, credits, or proration of prepaid annual fees.
No Regulatory Guarantee: Fiscal Safeguard provides software templates and tracking mechanisms. The platform does not constitute legal or formal regulatory certification. Customer acknowledges that its designated Qualified Individual (QI) retains ultimate legal responsibility for verifying the accuracy, execution, and legal sufficiency of the generated WISP under the FTC Safeguards Rule and GLBA.
3. Professional Disclaimer; Customer Compliance Responsibility
No Professional Services: Fiscal Safeguard provides software tools, automated templates, and general instructional frameworks. Fiscal Safeguard is not a law firm, an accredited auditing body, or a certified public accounting firm. It does not provide legal, tax, regulatory, or formal accounting advice. Your use of the Service does not create an attorney-client, fiduciary, or other professional services relationship between you and Fiscal Safeguard.
Automated Rule Logic & Artificial Intelligence Disclosures: The Service currently compiles Written Information Security Plans, compliance action items, and milestone calendar schedules utilizing deterministic, fixed rulesets applied directly to your questionnaire answers; the platform does not use artificial intelligence (AI) to evaluate data or generate documentation. If AI-assisted features or automated analysis models are integrated into the platform in the future, Fiscal Safeguard will explicitly identify those modules within the user interface. Any such future AI-assisted outputs will be provided strictly for informational and structural template purposes. Customer's designated Qualified Individual (QI) retains ultimate, non-delegable responsibility for manually reviewing, validating, customizing, and approving all programmatic or AI-assisted system outputs before formal institutional adoption. You are solely and completely responsible for:
Verifying the absolute accuracy, completeness, and truthfulness of all answers submitted to the platform.
Ensuring your designated Qualified Individual (QI) manually reviews, customizes, edits, and formally approves your completed WISP.
Carrying out, enforcing, and auditing the physical, technical, and administrative safeguards described in your final document.
Maintaining full independent compliance with the FTC Safeguards Rule (16 CFR Part 314), GLBA, IRS requirements, state privacy laws, and any other applicable data security mandates.
No Guarantees: Fiscal Safeguard does not warrant or guarantee that using the Service will satisfy any regulatory audit, shield you from regulatory penalties, or prevent an information security incident, data breach, or cyberattack.
Government Disassociation: Fiscal Safeguard is a private, commercial entity. It is not affiliated with, endorsed by, sponsored by, or connected to the Federal Trade Commission (FTC), the Internal Revenue Service (IRS), or any other local, state, or federal government agency.
4. Account Registration, Security, Authentication & Conduct
Account Credentials & Authorization: You sign in through our Microsoft-hosted sign-in page using your work email address, a secure password, and a one-time verification code sent directly to that email. You represent and warrant that the individual setting up the account is the business owner or the formally designated Qualified Individual (QI) authorized to manage the firm's compliance operations. The account owner may invite staff members, each with their own sign-in, and may remove their access at any time.
Security Safeguards: You are entirely responsible for maintaining the confidentiality of your platform credentials. To protect your administrative integrity, you must adhere to the parameters outlined below:
| Security Category | Mandated Operational Requirement |
|---|---|
| MFA Enforcement | Multi-factor authentication (MFA) is strictly required by the platform configuration on every single sign-in attempt and cannot be disabled or bypassed by the user. |
| Credential Protection | Customer personnel must not share sign-in credentials, administrative passwords, or email-generated verification codes with any third party or unverified user. |
| Personnel Access | Access must be restricted strictly to active internal staff members who require direct visibility to fulfill compliance tracking duties. Each person uses their own invited account; accounts must not be shared. |
| Immediate Incident Reporting | You must notify Fiscal Safeguard immediately at support@fiscalsafeguard.com if you detect, verify, or suspect any credential compromise, mailbox leakage, or unauthorized platform access. |
| Account Activity Responsibility | Customer assumes complete legal and financial liability for all actions, uploads, and data changes executed under its assigned accounts. |
Prohibited Conduct: You explicitly agree that you and your staff will not:
Sell, lease, rent, or sublicense access to the Fiscal Safeguard platform to any third party.
Reverse engineer, decompile, crawl, scrape, or extract source code from the software infrastructure.
Use automated bots, scripts, or scrapers to copy template materials or action items.
Interfere with, bypass, or disrupt the platform's security mechanisms.
Suspension of Access: Fiscal Safeguard reserves the absolute right to temporarily suspend or permanently terminate your account access immediately, without prior notice or liability, if we reasonably suspect a credential compromise, a violation of these Terms, or any unauthorized activity threatening the platform's cloud security
5. Subscriptions, Billing & Automatic Renewal
The service is sold per firm as a monthly plan ($79 per month) or a yearly plan ($790 per year), plus any applicable taxes. Payments are processed by Stripe; we never see or store your full card number.
AUTOMATIC RENEWAL NOTICE: ALL SUBSCRIPTIONS ARE BILLED ON A RECURRING BASIS (MONTHLY OR YEARLY, AS SELECTED BY CUSTOMER AT CHECKOUT). UNLESS CANCELLED BY THE CUSTOMER PRIOR TO THE END OF THE CURRENT SUBSCRIPTION TERM, CUSTOMER AGREES THAT SUBSCRIPTIONS WILL AUTOMATICALLY RENEW FOR AN EQUIVALENT PERIOD (MONTHLY PLANS RENEW MONTHLY; YEARLY PLANS RENEW FOR AN ADDITIONAL TWELVE-MONTH PERIOD) AT THE THEN-CURRENT BASE RATE. CUSTOMER AUTHORIZES FISCAL SAFEGUARD (VIA ITS THIRD-PARTY PAYMENT PROCESSOR, STRIPE) TO CHARGE THE APPLICABLE SUBSCRIPTION FEES TO THE PAYMENT METHOD ON FILE. CUSTOMER MAY OPT OUT OF RECURRING RENEWALS AT ANY TIME BY NAVIGATING TO THE "MY ACCOUNT → MANAGE BILLING" SECTION OF THE PORTAL. FISCAL SAFEGUARD WILL EMAIL A REMINDER NOTICE TO YEARLY PLAN CUSTOMERS ABOUT FORTY-FIVE (45) DAYS, AND AGAIN ABOUT TWENTY-ONE (21) DAYS, BEFORE EACH RENEWAL. ANY CHANGES TO SUBSCRIPTION PRICING WILL REQUIRE A MINIMUM OF THIRTY (30) DAYS’ ADVANCE EMAIL NOTICE TO CUSTOMER.
Checkout consent: Before payment, the person subscribing must tick an unticked, required box: “By checking this box, I agree to the Terms of Service and Privacy Policy, and I confirm I am 18 or older and authorized to accept them on behalf of my firm. I understand that yearly plans renew automatically for successive 1-year terms at the then-current price unless cancelled before the renewal date via My Account → Manage Billing, that any price change will be emailed at least thirty (30) days in advance, and that yearly plans are refundable only within 30 days of the initial purchase and non-refundable after that.” We record the time, IP address and Terms version with each acceptance.
Subscription confirmation: After each purchase we email a confirmation listing the plan, price, renewal term, how and when to cancel, the refund window, and a link to the Terms version accepted.
Founding-member price. Customers who subscribe before December 31, 2026, keep their starting price for as long as the subscription stays active without a gap.
Yearly renewal reminder. For yearly plans, we email everyone on your firm's account a reminder about 45 days, and again about 21 days, before each renewal, with the renewal date, the amount and how to cancel.
Price changes. We will give at least 30 days' notice by email before a price change applies to your next renewal. You can cancel before it takes effect.
Failed payments. If a payment fails, Stripe retries it. Access continues during the retry period; if payment is still not made, we may suspend the account until it is.
6. Cancellation Protocols & Refund Policy
How to Cancel: You may cancel your subscription at any time directly through the platform interface by navigating to My Account → Manage Billing.
Except as explicitly provided in Section 13(c)(3), your eligibility for refunds or continuous access depends strictly on the parameters outlined below:
| Subscription Plan | Cancellation & Refund Eligibility Rule |
|---|---|
| Yearly Plans (Initial 30 Days) | Eligible for a full 100% refund if the cancellation request is submitted within exactly thirty (30) calendar days of the initial purchase date. |
| Yearly Plans (After Day 30) | Strictly non-refundable. No partial, prorated, or conditional refunds or credits will be issued for any remaining months of the prepaid annual cycle. |
| Monthly Plans | Strictly non-refundable. All monthly fees are final upon processing by Stripe. No prorated refunds are provided for mid-month cancellations. |
| Post-Cancellation Access | Upon cancellation, your account will remain active with full platform access until the precise end of your current paid billing cycle, after which access terminates. |
No Circumvention / Chargebacks: By initiating a subscription, you explicitly acknowledge and agree to these definitive refund terms. Before initiating a payment dispute, chargeback, or transaction claim with your issuing bank or credit card provider, you agree to contact support@fiscalsafeguard.com so our administrative team can attempt to resolve the issue informally. If a charge that was validly processed under these Terms is disputed by Customer, Fiscal Safeguard reserves the right to submit your verified digital consent records, automated renewal notices, and historical platform billing logs to the card network to establish transactional validity. Fiscal Safeguard may immediately suspend your account workspace until the dispute is resolved, and retains the right to recover any undisputed balance, chargeback fees charged to us, and reasonable collection costs to the maximum extent permitted by applicable law. While a dispute is open, Fiscal Safeguard preserves all account records under a legal hold, and no data is deleted until it is resolved.
Data Retention After Termination: Once your paid platform access officially terminates, your uploaded files, questionnaire answers, and generated documentation will be stored or permanently deleted strictly in accordance with the data retention parameters set forth in Section 14.
7. Optional Advisor & Consulting Services
On-Demand Assistance Requests: The platform features an optional "Get Expert Help" submission portal and toggle configurations that allow a Fiscal Safeguard advisor to proactively contact your firm regarding outstanding dashboard action items. These features remain entirely inactive until manually enabled by the Customer. A help request is sent only after you tick a required consent box; we record the time, IP address and exact wording of that consent with the request.
Scope of Advisory Limitations: To protect the structural integrity of your organization, all manual consulting hours and advisor interactions are subject to the strict operational constraints outlined below:
| Advisory Parameter | Explicit Operational & Legal Boundary |
|---|---|
| Purely Advisory Nature | All advisor services are strictly educational, strategic, and advisory. Fiscal Safeguard will never physically or digitally access, configure, manage, or alter your firm's live IT networks, servers, devices, or software systems. |
| Execution via Separate SOW | Submitting a help request does not initiate a consulting engagement. Any paid advisory services require a separate, mutually signed Statement of Work (SOW). The SOW will explicitly dictate the consulting fees, specific delivery timelines, and separate professional terms. |
| Third-Party Vendor Reliance | Advisor guidance is formulated using public manuals, whitepapers, and technical documentation published by your respective technology providers (e.g., Microsoft, Azure, cloud vendors). Fiscal Safeguard assumes no liability for errors, inaccuracies, or outdated security advice originating from those third-party documentation sources. |
| No Fiduciary Obligation | Advisor discussions do not create a legal fiduciary relationship. Customer's designated Qualified Individual (QI) maintains final, non-delegable authority to accept, modify, or reject any technical guidance provided during 1-on-1 consulting calls. |
8. Customer Data & Prohibited Content Obligations
Data Ownership & License: Customer retains exclusive ownership of all text, inputs, answers, notes, files, and compliance logs uploaded to the platform ("Customer Data"). You grant Fiscal Safeguard a limited, worldwide, royalty-free license to host, transmit, copy, process, and display Customer Data strictly to operate, maintain, secure, and support the online platform.
Data Categories & Management Rules: To maintain compliance with nationwide financial regulations, Customer Data is managed strictly according to the following framework:
| Data Category | Operational Usage & Enforcement Rule |
|---|---|
| Platform Operations | Used exclusively to generate your templates, map compliance action steps, and trigger calendar notifications. We never sell Customer Data or use it for advertising. |
| Aggregated & De-Identified Data | Fiscal Safeguard may extract anonymized, metadata patterns (e.g., the total percentage of firms missing a specific backup control) to optimize platform features. This data is strictly de-identified and cannot be traced back to your firm or any individual. |
| Prohibited Personal Data (PII/NPI) | Strictly Forbidden. Customer shall not upload or transmit any consumer or client Non-Public Personal Information (NPI), Social Security Numbers (SSNs), tax returns, credit reports, or bank account numbers. Evidence of compliance must consist strictly of sanitized, business-to-business materials that document a physical, technical, or administrative safeguard is actively in place. Permitted uploads include, but are not limited to, platform configuration screenshots, employee training certificates, third-party vendor security reports (such as SOC 2 summaries), signed internal corporate policies, vendor service receipts, and network testing reports. All files must be thoroughly scrubbed of end-consumer client personal information prior to submission. |
Technical Enforcement & Liability Disclaimer: Fiscal Safeguard deploys automated technical controls to scan uploaded materials and typed entries for hidden PII strings. If a data conflict is flagged at the time of upload or entry, Fiscal Safeguard reserves the right to instantly reject the file or entry and block transmission. Password-protected, encrypted or archived files (such as ZIP) are not accepted, because they cannot be checked for Prohibited Data.
If Prohibited Data is discovered within the Service after initial submission (such as within un-redacted images, historical notes, or scanned documents), Fiscal Safeguard will immediately implement its Remove and Notify protocol. We will remove or redact the offending material from our servers and notify your designated Qualified Individual via email. Customer will have a maximum of thirty (30) calendar days from notification to re-submit a fully sanitized, compliant file. Fiscal Safeguard retains the absolute right to execute immediate deletion without a cure window for any data payload that poses an imminent security or regulatory threat to the platform infrastructure.
If Customer violates these Terms and intentionally or inadvertently bypasses system filters to upload Prohibited Data, Customer acknowledges that Fiscal Safeguard assumes zero processing, legal, regulatory, or administrative liability under the FTC Safeguards Rule, GLBA, or state-level data breach notification laws for such unauthorized data.
9. Security Commitments
Because your firm is subject to the FTC Safeguards Rule, we act as your service provider for the Customer Data we hold. We maintain administrative, technical and physical safeguards appropriate to that data, including:
encryption of data in transit (TLS 1.2 or higher) and at rest;
multi-factor authentication for customer sign-in and for our administrative access;
access to production systems limited to the people who need it, using managed identities rather than shared passwords;
daily backups with point-in-time restore, and protected, geo-redundant file storage;
security updates applied to our software dependencies, and monitoring of our systems.
Incident notice: If we confirm a security incident that compromises your Customer Data, we will notify you without undue delay, and within 72 hours of confirming it, and will share the information you reasonably need to meet your own notification duties.
On request, we will answer reasonable security questionnaires to help you assess us as a service provider.
10. Acceptable Use Policy & Platform Restrictions
Conditional Access License: Your right to access and use Fiscal Safeguard is strictly conditioned upon your compliance with this Acceptable Use Policy.
You explicitly agree that neither your firm nor any of your authorized personnel will engage in, facilitate, or permit any of the prohibited activities outlined below:
| Restriction Category | Strictly Prohibited Platform Conduct |
|---|---|
| Security & Integrity Interference | Testing, probing, scanning, or attacking the platform's security infrastructure without prior written consent; uploading malware, viruses, ransomware, or malicious code; attempting to bypass Azure firewall configurations or authentication controls. |
| Unauthorized Access | Accessing or attempting to access another customer's account, questionnaire answers, compliance dashboards, or historical data logs. |
| Commercial Misuse & Scraping | Renting, reselling, sublicensing, or sharing platform access outside your specific business entity; using automated bots, spiders, scripts, or scrapers to extract or copy platform text, design elements, or action plan algorithms. |
| IP Exploitation & AI Training | Copying, reverse engineering, decompiling, or mirroring the software architecture to build a competing product; using any platform contents, WISP template logic, or system copy to train, fine-tune, or test external large language models (LLMs) or artificial intelligence systems. |
| Regulatory Misrepresentation | Using the platform to generate deliberately fraudulent compliance documentation, or masking identity parameters to falsify audit logs. |
Enforcement and Account Revocation: If Fiscal Safeguard, in its sole discretion, detects or reasonably suspects a violation of this Section, we reserve the right to immediately suspend or permanently terminate your subscription access without prior notice. Except as explicitly provided in Section 13(c)(3), any termination triggered by an Acceptable Use violation results in an absolute forfeiture of all prepaid fees, which the parties agree represents liquidated damages for administrative and security assessment costs and not a penalty, and no 30-day refunds or partial credits will be issued.
11. Warranty Disclaimers
"AS-IS" AND "AS-AVAILABLE" SERVICE: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FISCAL SAFEGUARD PLATFORM, ITS GENERATED WISP TEMPLATES, COMPLIANCE DASHBOARDS, ACTION PLANS, AND ALL RELATED DOCUMENTATION ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS.
EXPLICIT DISCLAIMER OF ALL IMPLIED WARRANTIES: FISCAL SAFEGUARD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ANY WARRANTIES OF TITLE AND NON-INFRINGEMENT.
ANY WARRANTY THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED, SECURELY, TIMELY, OR ENTIRELY ERROR-FREE.
ANY WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR PERMANENT RETENTION OF UPLOADED COMPLIANCE EVIDENCE OR USER ANSWERS.
REGULATORY EXPECTATIONS & EVOLVING LAW DISCLAIMER: COMPLIANCE STATUTES (INCLUDING THE FTC SAFEGUARDS RULE, GLBA, AND NEW AI MANDATES) ARE SUBJECT TO CONTINUOUS INTERPRETATION BY GOVERNMENT AUDITORS, INSURERS, AND REGULATORS. FISCAL SAFEGUARD MAKES NO WARRANTY OR GUARANTEE THAT ANY GENERATED WRITTEN INFORMATION SECURITY PLAN (WISP) OR TRACKED ACTION ITEM WILL SATISFY THE SPECIFIC INTERPRETATION, EXPECTATION, OR AUDIT PARAMETERS OF ANY THIRD-PARTY REGULATOR, CYBER-INSURANCE CARRIER, STATE ATTORNEY GENERAL, OR INDEPENDENT AUDITOR.
CUSTOMER’S DESIGNATED QUALIFIED INDIVIDUAL (QI) BEARS THE ULTIMATE PROFESSIONAL BURDEN OF ENSURING ALL SYSTEM OUTPUTS COMPLY WITH ACTIVE LEGAL STANDARDS BEFORE LOGGING FORMAL APPROVAL.
12. Limitation of Liability
(a) EXCLUSION OF CERTAIN DAMAGES: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, SAVINGS, BUSINESS OPPORTUNITIES, OR CONSEQUENTIAL LOSS OF DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
(b) AGGREGATE LIABILITY CAP: EXCEPT FOR (i) CUSTOMER’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 13(a), OR (ii) CUSTOMER'S BREACH OF SECTION 8 (PROHIBITED DATA & CONTENT OBLIGATIONS), EACH PARTY'S TOTAL CUMULATIVE AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, THE SOFTWARE PLATFORM, OR ANY DIRECTLY ASSOCIATED SERVICES IS STRICTLY LIMITED TO THE TOTAL FEES ACTUALLY PAID BY YOU TO FISCAL SAFEGUARD IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST FILED CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. LIABILITY CAPS ESTABLISHED UNDER THIS SECTION APPLY INDEPENDENTLY OF ANY SEPARATE PROFESSIONAL LIABILITY LIMITATIONS SPECIFIED IN AN EXECUTED CONSULTING STATEMENT OF WORK (SOW).
(c) CUSTOMER STORAGE OBLIGATIONS: THE SERVICE IS DESIGNED TO GENERATE DOCUMENTS FOR DOWNLOAD. CUSTOMER ACKNOWLEDGES AND AGREES THAT IT BEARS SOLE RESPONSIBILITY FOR DOWNLOADING, BACKING UP, AND SAFELY STORING ALL GENERATED WRITTEN INFORMATION SECURITY PLAN (WISP) DOCUMENTS (INCLUDING WORD AND PDF FORMATS) ON ITS OWN SECURE SYSTEMS. FISCAL SAFEGUARD’S LIABILITY FOR ANY LOSS OF CUSTOMER DATA OR GENERATED DOCUMENTS WITHIN THE PLATFORM SHALL BE STRICTLY LIMITED TO RESTORING FROM THE BACKUPS DESCRIBED IN PRIVACY POLICY §7, SUBJECT TO THE CAP IN SECTION 12(b).
13. Indemnification Obligations
(a) Customer Indemnity: You agree to defend, indemnify, and hold harmless Fiscal Safeguard, its affiliates, licensed suppliers, and their respective officers, directors, employees, and agents from and against any and all third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and expert witness costs) arising out of or relating to:
Your Customer Data, including any unauthorized upload or transmission of Prohibited Data under Section 8.
Your misuse, unauthorized access, or unapproved software modification of the Service.
Your firm's failure to meet its own regulatory and legal compliance obligations, including the FTC Safeguards Rule.
(b) Fiscal Safeguard IP Indemnity: Subject to the limitations and liability caps set forth in Section 12, Fiscal Safeguard shall defend Customer against any third-party claim alleging that the Software Platform, as built and developed solely by Fiscal Safeguard, directly infringes a valid United States patent or copyright. This indemnity does not apply to any claims arising from: (i) Customer Data, (ii) modifications made by anyone other than Fiscal Safeguard, or (iii) compliance with templates or documents generated based on Customer's specific inputs. In no event shall Fiscal Safeguard's total liability under this subsection exceed the twelve (12) month fee cap established in Section 12(b).
(c) Infringement Remedies: If the Software Platform becomes, or in Fiscal Safeguard's reasonable opinion is likely to become, the subject of a third-party intellectual property infringement claim under Section 13(b), Fiscal Safeguard may, at its sole option and expense:
1. Procure the right for Customer to continue using the Software Platform in accordance with these Terms;
2. Replace or modify the infringing portions of the Software Platform to make them non-infringing while maintaining substantially material functionality; or
3. If options (1) and (2) are not commercially practicable, terminate these Terms and any active subscriptions immediately upon written notice, and provide Customer with a pro-rata refund of any prepaid, unused fees covering the remainder of the terminated subscription term.
THE FOREGOING STATES FISCAL SAFEGUARD’S SOLE AND EXCLUSIVE LIABILITY, AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, FOR ANY THIRD-PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.
14. Suspension, Termination, & Post-Termination Data Retention
Suspension and Termination Triggers: Fiscal Safeguard reserves the right to suspend or permanently terminate your platform access if you materially breach these Terms (including payment failures via Stripe) and fail to cure such breach within ten (10) calendar days of our email notice. We may suspend account access immediately and without prior notice if we determine, in our sole discretion, that such action is necessary to defend the security, integrity, or operational stability of our Azure hosting ecosystem.
Mandatory Client Data Export Duty: Customer assumes sole professional responsibility for exporting and downloading all generated WISPs, questionnaires, compliance calendars, and uploaded evidence logs prior to the effective termination date of the subscription.
Following the termination of your platform access, your data will be handled strictly according to the parameters outlined below:
| Post-Termination Phase | Data Handling & Destruction Parameter |
|---|---|
| Day 1 to Day 60 (Courtesy Window) | Fiscal Safeguard will keep your account data securely for a maximum of sixty (60) days as a courtesy. During this period the account owner can still sign in, but only to download the firm's Compliance Archive (ZIP); all other access ends. You may reactivate your subscription during this period to regain full access. We will email everyone on your account at least fourteen (14) days before deletion. |
| Day 61 (Permanent Purge) | On the 61st day following termination, all Customer Data will be permanently and irreversibly deleted from our active production systems. Fiscal Safeguard assumes no liability for data loss resulting from this automated purge. |
| Backup Cycle Clearance | Deleted production data will naturally cycle out of, and be permanently overwritten within, our secure geo-redundant backups within thirty-five (35) days. |
| Corporate Records Retention | Following the permanent closure or deletion of an account, Fiscal Safeguard will securely archive basic business transaction logs, invoice metadata, and core billing records for a maximum period of seven (7) years to satisfy federal and Arizona corporate tax, accounting, and regulatory compliance obligations. Following this 7-year statutory window, all associated transactional data will be permanently and securely purged from our systems. |
15. Governing Law & Dispute Resolution Framework
Governing Law: These Terms, and any dispute arising out of or relating to your use of the platform, will be governed exclusively by the laws of the State of Arizona, without regard to its conflict-of-law principles.
Any legal conflict that cannot be resolved informally will be handled strictly according to the dispute resolution matrix outlined below:
| Dispute Stage | Mandated Forum & Legal Boundary |
|---|---|
| Informal Resolution | Before filing any formal claim, both parties agree to spend a minimum of thirty (30) days attempting to resolve the dispute through direct, good-faith executive discussions. |
| Mandatory Binding Arbitration | If informal talks fail, the dispute must be resolved through binding, confidential arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. |
| Exclusive Venue & Seat | The legal seat of arbitration and the exclusive venue for any permissible court proceedings will be Maricopa County, Arizona. Hearings will be held by video conference or on documents only unless both parties agree otherwise; AAA expedited procedures apply where eligible. |
| Small-Claims Carve-Out | Either party may bring an individual action in an Arizona small claims court instead of arbitration, provided the claim fits within the court's strict jurisdictional dollar thresholds. |
WAIVER OF JURY TRIALS: BOTH FISCAL SAFEGUARD AND CUSTOMER EXPLICITLY AND KNOWINGLY WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO A TRIAL BY JURY IN ANY COURT PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.
CLASS ACTION WAIVER: YOU AGREE THAT ALL CLAIMS MUST BE BROUGHT STRICTLY IN YOUR INDIVIDUAL CAPACITY. CUSTOMER EXPLICITLY WAIVES THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL ACTION AGAINST FISCAL SAFEGUARD.
16. Amendments & Modifications to Terms
Right to Amend: Fiscal Safeguard reserves the right to modify, update, or replace these Terms at any time to reflect changing regulations (such as FTC or GLBA shifts), security enhancements, or platform modifications.
When updates occur, they will be managed according to the following framework:
| Amendment Category | Notification & Enforcement Parameter |
|---|---|
| Material Updates Notice | For changes that materially reduce your rights or increase your liabilities, we will provide at least thirty (30) days' prior notice via email or via a prominent in-app dashboard alert. |
| Administrative Updates | Minor formatting edits, typo corrections, or clarifying language updates will take effect immediately upon being posted to the platform website without prior notice. |
| Implied Acceptance | Each version of these Terms is numbered and dated. For material changes, you will be asked to accept the revised Terms at your first sign-in on or after the effective date, and access is paused until you do. For administrative updates, continuing to use the platform after the change is posted constitutes acceptance. |
| Rejection & Cancellation | If you do not agree to a material modification, your sole and exclusive remedy is to cancel your subscription via your billing dashboard prior to the effective date. |
Effect of Rejection on Fees: Except as explicitly provided in Section 13(c)(3), cancellation due to a terms modification stops future automated subscription renewals. In alignment with Section 6 (Cancellation & Refund Policy), terminating your subscription mid-cycle due to an amendment does not entitle Customer to any retroactive, partial, or prorated refund of prepaid annual platform fees.
17. General Provisions & Contact Information
Entire Agreement: These Terms and our Privacy Policy constitute the entire legal agreement between you and Fiscal Safeguard regarding the online SaaS platform, superseding all prior oral or written agreements. As established in Section 7, any manual consulting engagements remain subject to a separately executed, signed Statement of Work (SOW) which governs that advisory scope independently.
All standard commercial boilerplate terms are governed strictly according to the parameters below:
| Boilerplate Provision | Legal Mandate & Operational Boundary |
|---|---|
| Assignment Restrictions | Customer may not assign, transfer, or delegate its platform access or rights under these Terms without our prior written consent. Fiscal Safeguard may freely assign its rights or transfer this agreement to a successor entity in the event of a merger, acquisition, or corporate reorganization. |
| Force Majeure | Neither party will be held liable or in breach for any delays, processing failures, or performance interruptions caused by events beyond its reasonable control, including cloud provider outages (Azure infrastructure failures), cyber-warfare, acts of God, or nationwide telecommunication collapses. |
| Severability & Waiver | If any specific provision within these Terms is found to be invalid or unenforceable by a Maricopa County arbitrator or court, that clause will be severed, and the remaining provisions will continue in full force and effect. A failure by Fiscal Safeguard to enforce a right does not constitute a permanent waiver of that provision. |
| No Third-Party Beneficiaries | These Terms are strictly for the benefit of the Customer entity and Fiscal Safeguard. No consumer, client of your financial firm, or other third-party individual is intended to have any enforceable rights or claims under this agreement. |
Survival: Upon the cancellation, expiration, or termination of your subscription, all provisions that by their nature should logically continue to apply will survive. This explicitly includes Section 3 (Professional Disclaimer), Section 6 (Refund Policy), Section 8 (Prohibited Data Disclaimers), Section 11 (Warranty Disclaimers), Section 12 (Limitation of Liability), Section 13 (Indemnification), and Section 15 (Dispute Resolution).
Corporate Contact Information:
Email Support: support@fiscalsafeguard.com
Corporate Entity: BK Global Solutions, LLC (dba Fiscal Safeguard)
Physical Mailing Address: 10663 E. Monument Dr., Scottsdale, Arizona 85262