1. Agreement to Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and FIDGARD Inc. (“FIDGARD,” “we,” “us,” or “our”) governing your access to and use of the FIDGARD platform, including all related websites, applications, and services (collectively, the “Service”).
If you use the Service on behalf of a law firm or another organization, you represent that you have authority to bind that organization. By creating an account or using the Service, you agree to these Terms and the Privacy Policy.
2. Description of the Service
FIDGARD is a cloud-based trust-accounting platform designed for law firms and legal professionals. The Service is designed to support IOLTA and other client-trust-accounting workflows, including workflows related to ABA Model Rule 1.15 and applicable state rules governing the safekeeping of client property.
- Trust accounts and client or matter sub-ledgers
- Deposit, check, and transaction records
- Pre-disbursement balance controls
- Three-way reconciliation and trust-account reports
- Bank-feed integration through Plaid
- Posting FIDGARD accounting records to QuickBooks Online
- Intelligent document processing using AWS Textract and OpenAI
- Subscription billing through Stripe
3. Accounts and Authorized Users
You must provide accurate account information and protect your credentials. Each account is associated with an organization. Organization administrators control user access and roles. You are responsible for activity performed through your account and must promptly notify staff@fidgard.com of suspected unauthorized access.
4. Trials, Subscriptions, and Payment
Current pricing and included features are displayed on the FIDGARD pricing page and during registration. Unless otherwise stated, recurring fees are billed in advance through Stripe. Any card requirement, trial period, automatic conversion, billing date, renewal frequency, usage charge, and cancellation terms will be disclosed before you complete registration.
The current public offer includes a free 30-day guided pilot, followed by $199 per month if you continue, plus $3 for each AI-processed closing statement and no per-check charge. FIDGARD may change pricing on advance notice. Nonpayment may result in read-only access, suspension, or termination. Cancellation takes effect under the terms presented at registration or in your billing portal.
5. Your Data
You retain ownership of the data, documents, and content submitted to the Service (“Your Data”). You authorize FIDGARD to process, store, and transmit Your Data as needed to provide, secure, support, and improve the Service. FIDGARD does not sell client trust-accounting data or use trust documents for advertising.
After cancellation, FIDGARD may provide a limited export period and then delete or retain data according to the Privacy Policy, applicable law, security needs, contractual obligations, and professional recordkeeping requirements.
6. Third-Party Services
- Plaid: connects bank accounts for transaction feeds and balance information.
- QuickBooks Online: receives accounting records created in FIDGARD, with account mapping and posting verification supporting the connection.
- OpenAI: supports structured extraction from submitted documents.
- Amazon Web Services: provides infrastructure, file storage, and OCR through Textract.
- Stripe: processes subscription payments.
Your use of third-party services is also subject to the applicable provider’s terms and privacy practices. FIDGARD is not responsible for third-party services outside its control.
7. Compliance and Funds-Custody Disclaimer
FIDGARD is a software tool, not legal advice. Professional-responsibility and trust-accounting rules vary by jurisdiction, and your organization remains responsible for its compliance, records, supervision, decisions, and use of the Service.
FIDGARD does not hold, pool, custody, or control client funds. Funds remain in accounts controlled by your organization. FIDGARD supports audit readiness and review workflows but does not guarantee that use of the Service will satisfy a particular audit, examination, rule, or regulatory outcome.
8. Security
FIDGARD implements safeguards designed to protect the Service, including encryption in transit and at rest, encrypted integration tokens, role-based access, organization-level isolation, logging, and protected record-history controls. No system is completely secure. You remain responsible for securing your credentials, devices, networks, and personnel.
9. Acceptable Use
You may not use the Service unlawfully; violate another person’s rights; introduce malicious code; disrupt the Service; gain unauthorized access; bypass security; scrape or automate access without permission; or reverse engineer, resell, or redistribute the Service except as permitted by law or a written agreement.
10. Availability and Changes
The Service may be unavailable during maintenance, outages, or circumstances beyond FIDGARD’s control. FIDGARD may modify features and will provide reasonable notice of material changes where required.
11. Intellectual Property
The Service, software, design, documentation, branding, and related intellectual property are owned by FIDGARD or its licensors. These Terms grant only the limited right to use the Service during an active trial or subscription. Patent-pending claims should be read as applying only to properly filed and assigned applications.
12. Disclaimers and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” FIDGARD DISCLAIMS IMPLIED WARRANTIES AND DOES NOT GUARANTEE UNINTERRUPTED SERVICE, ERROR-FREE OUTPUTS, COMPLIANCE, OR A PARTICULAR BUSINESS OR REGULATORY RESULT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIDGARD WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. FIDGARD’S TOTAL AGGREGATE LIABILITY ARISING FROM THE SERVICE WILL NOT EXCEED THE AMOUNT PAID TO FIDGARD FOR THE SERVICE DURING THE 12 MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to indemnify and hold harmless FIDGARD and its personnel from third-party claims arising from your unlawful use of the Service, violation of these Terms, infringement of another person’s rights, or negligent or wrongful handling of trust-account responsibilities, to the extent permitted by law.
14. Suspension and Termination
You may stop using the Service and cancel according to the billing terms presented to you. FIDGARD may suspend or terminate access for material breach, nonpayment, security risk, unlawful activity, or legal requirement. Provisions intended by their nature to survive termination will remain effective.
15. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Any dispute arising from or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, except that either party may seek equitable relief for misuse of intellectual property or unauthorized access to the Service.
16. Changes and Contact
FIDGARD may update these Terms and will provide notice of material changes as required. Continued use after the effective date of revised Terms constitutes acceptance where permitted by law.
FIDGARD Inc.
Legal: legal@fidgard.com
Support: staff@fidgard.com
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