Terms of Service

These Terms of Service ("Terms") govern your access to and use of the services provided by Office Guard ("Company," "we," "us," or "our"), including our email security filtering, phishing simulation, security awareness training, compliance reporting, and related services (collectively, the "Services"). By subscribing to or using our Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Eligibility

You must be at least 18 years of age and have the legal authority to enter into contracts on behalf of your organization to use the Services. By accepting these Terms, you represent and warrant that you meet these requirements.

2. Services

Office Guard provides subscription-based email security and awareness training services tailored to professional offices, including medical practices, law firms, and real estate offices. The specific features available to you depend on the plan you select (Essential, Enhanced, or Optimized). We reserve the right to modify, update, or discontinue any feature of the Services with reasonable notice.

3. Subscriptions and Payment

Services are billed on a per-user, per-month basis. Subscriptions are available on a monthly or annual basis. Annual subscriptions are billed upfront and receive a 10% discount.

All fees are due in advance. Failure to pay may result in suspension or termination of your account. Prices are subject to change with 30 days' written notice. You are responsible for all applicable taxes.

Refunds are not provided for partial subscription periods except where required by applicable law.

4. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation;
• Attempt to gain unauthorized access to any part of the Services or related systems;
• Reverse engineer, decompile, or disassemble any component of the Services;
• Use the Services to transmit malicious code, spam, or unsolicited communications;
• Resell, sublicense, or otherwise transfer access to the Services to any third party without our written consent;
• Interfere with or disrupt the integrity or performance of the Services.

5. Data and Privacy

In providing the Services, we may process email metadata, user activity data, and training completion records on your behalf. We handle all such data in accordance with our Privacy Policy, which is incorporated into these Terms by reference.

You are responsible for ensuring that your use of the Services complies with all applicable privacy and data protection laws, including HIPAA where applicable. Office Guard will execute a Business Associate Agreement (BAA) with covered entities upon request.

6. Intellectual Property

All content, software, training materials, and technology comprising the Services are the exclusive property of Office Guard or its licensors and are protected by applicable intellectual property laws. These Terms do not grant you any ownership rights in the Services. You may not copy, reproduce, or create derivative works from any part of the Services without our prior written consent.

7. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Services that is designated as confidential or that reasonably should be understood to be confidential. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

8. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Office Guard does not warrant that the Services will be uninterrupted, error-free, or completely secure. No security solution eliminates all risk. You acknowledge that email threats evolve continuously and that the Services reduce — but cannot eliminate — the risk of a security incident.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OFFICE GUARD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO OFFICE GUARD IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Office Guard and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Services, your violation of these Terms, or your violation of any applicable law or third-party rights.

11. Term and Termination

These Terms remain in effect for the duration of your subscription. Either party may terminate the agreement with 30 days' written notice. We may suspend or terminate your access immediately if you materially breach these Terms or fail to make timely payment.

Upon termination, your right to access the Services ceases immediately. We will retain your data for 30 days following termination, after which it will be deleted in accordance with our data retention policy.

12. Governing Law and Disputes

These Terms are governed by the laws of the State of Georgia, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be resolved by binding arbitration in Atlanta, Georgia, under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property or confidential information.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice on our website at least 14 days before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

14. Contact

If you have questions about these Terms, please contact us at [email protected].