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Legal & Privacy — First Class Operations

Legal & Privacy

Policies for First Class Operations (SCOPE, LLC).

Effective date: July 9, 2025 Last updated: September 1, 2026

This policy explains how SCOPE, LLC, doing business as First Class Operations ("FCO", "we", "us" or "our"), uses cookies and similar storage or access technologies on firstclassops.com, tools.firstclassops.com and related FCO pages that link to this policy.

Read our Privacy Notice for information about who we are, why we use personal information and your privacy rights.

1. What these technologies are

Cookies are small text files placed on a browser or device. We may also use local or session storage, pixels, scripts and comparable technologies. In this policy, "cookies" includes those technologies where the same rules apply.

Some cookies are set by FCO. Others are set by suppliers whose services appear on our pages, such as Stripe or an analytics provider.

2. The categories we use

Strictly necessary

These are needed to provide a feature you request, keep the service secure, remember a checkout or cookie choice, authenticate an account or prevent fraud. The service may not work properly without them. We do not use these cookies for unrelated advertising.

Preferences and appearance

These remember choices affecting how the service appears or functions, such as a saved dashboard layout or a dismissed notice.

Analytics

Analytics helps us understand aggregate use of the Services and improve our website and Tool Suite — for example, which pages or tools are used most, and where visitors run into errors. We use aggregated or de-identified analytics wherever practical.

Marketing

Marketing cookies and pixels may measure campaigns, build audiences or personalize advertising. Where required by applicable law, we obtain consent before these are used. You can opt out through the mechanisms described in Section 4.

3. Cookies and technologies currently in use

Name or technology Provider Purpose Category Typical lifetime
__cf_bm Cloudflare Bot management, website and form security Strictly necessary/security About 30 minutes
GoHighLevel/LeadConnector website and form technology LeadConnector/GoHighLevel Delivers the website, loads FCO forms and sends submitted information to FCO's central CRM Strictly necessary Session
Cloudflare Turnstile or Google reCAPTCHA, if triggered Cloudflare/Google Detects automated or abusive form submissions Security Session
Stripe checkout and portal technology Stripe Secure checkout, payment, fraud prevention and subscription administration Necessary payment/security functions Session

This table reflects the technologies FCO uses at the date above and is updated when our suppliers or tags change.

4. Your choices

Most browsers let you block or delete cookies through their settings. Blocking strictly necessary cookies may prevent sign-in, checkout or other features from working.

Where FCO uses non-essential analytics or marketing technologies, we provide a way to decline them, consistent with the requirements of the law that applies to you (for example, opt-out rights available to California residents under the CCPA/CPRA, or consent requirements under other privacy laws).

You can change your cookie choices at any time. Withdrawing a choice does not affect our earlier lawful use of cookies, but stops the relevant cookies from being used going forward.

5. Changes

We update this policy and the cookie table when our technology or purposes change. The last-updated date appears at the top.

6. Contact

Email: [email protected]

See our Privacy Notice for further contact and rights information.

Effective date: July 9, 2025 Last updated: September 1, 2026

1. Who we are

SCOPE, LLC, an Indiana limited liability company doing business as First Class Operations ("FCO", "we", "us" or "our"), provides the First Class Operations websites and Tool Suite (collectively, the "Services").

FCO is the business responsible for the personal information described in this notice, except where Section 4 says that we process information on behalf of a business customer.

Privacy email: [email protected] Support email: [email protected]

2. What this notice covers

This notice applies to individuals, wherever located, when they:

  • visit firstclassops.com, tools.firstclassops.com or another FCO page that links to this notice;
  • submit an enquiry, demo, contact, assessment or other website form;
  • create or use a Tool Suite account;
  • buy or manage a subscription;
  • contact sales or support; or
  • receive communications from us.

Visitors in the United Kingdom should see FCO's separate UK Privacy Notice, which governs FCO's processing that is subject to UK data-protection law.

The Services are intended for business users aged 18 or over.

3. Information we collect

Depending on how you interact with us, we collect:

  • Identity and business-contact information: name, job title, employer or business name, business address, email address and telephone number.
  • Account information: login identifier, authentication records, account role, preferences and subscription status. Passwords are stored only in protected form by our authentication provider.
  • Enquiry and communication information: form answers, messages, support requests, call notes and your communication preferences.
  • Subscription and transaction information: plan, price, currency, billing address, invoices, transaction identifiers, payment status, refunds, disputes and cancellation history. Stripe processes card or bank details; we do not intend to store complete card numbers.
  • Tool information: answers, calculations, assessments, uploaded information, saved progress and outputs produced through Tool Suite.
  • Technical and usage information: IP address, browser and device information, operating system, timestamps, referring pages, pages or features used, session identifiers, authentication activity, error logs and security events.
  • Cookie and similar-technology information: information described in our Cookie Policy, subject to the choices available through your browser and our cookie controls.
  • Marketing information: whether and how you have asked to hear from us, consent records where applicable, engagement with our messages and objections or unsubscribe requests.

We normally collect this information directly from you, your business or an authorized user on your business account. We may also receive transaction and fraud-prevention information from Stripe, referral information from an approved partner, and technical information from the suppliers that operate our service.

Please do not enter sensitive personal information (for example health, biometric, or government identification information), or payment-card details into free-text fields or Tool Suite unless we have expressly agreed in writing that a feature is designed for it.

4. When customers put other people's information into Tool Suite

A business customer may enter information about its staff, clients, suppliers or other people into Tool Suite. For that information, the business customer normally decides why and how it is used. FCO processes it on the customer's behalf and instructions.

If you want to exercise a right concerning information entered by your employer or another FCO customer, contact that customer first. We will assist the customer as required by applicable law.

FCO remains responsible for information it needs for account administration, billing, fraud prevention, security, legal compliance and its own communications.

5. How we use information

Purpose Typical information used
Respond to an enquiry, arrange a demonstration and take steps requested before a contract Identity, business-contact, form and communication information
Create an account, provide Tool Suite, save work and administer a subscription Identity, account, subscription, communication and Tool information
Take payment, issue invoices, handle refunds, disputes and failed payments Identity, business, transaction and limited fraud information
Provide onboarding, support and service messages Identity, account, Tool and communication information
Secure, troubleshoot and improve our websites and Services Technical, usage, account, error and security information
Keep legal, tax, accounting and audit records and establish or defend claims Identity, business, transaction, account and communication information
Send requested news, offers or product updates Identity, business-contact, marketing preferences and message engagement
Manage cookie preferences and honor objections or unsubscribe requests Technical identifiers, consent record where applicable, email address and preference

We do not use Tool Suite to make decisions about people that are based solely on automated processing and have legal or similarly significant effects. We do not sell or rent your personal information.

6. Marketing choices

Service messages about an account, payment, security or material service change are not marketing and may be necessary to provide the subscription.

We use a separate, optional choice for marketing sign-up. You can unsubscribe from marketing at any time using the link in the message or by contacting [email protected]. We may keep a minimal suppression record so we do not contact you again after an opt-out.

7. Cookies and similar technologies

We use cookies and similar technologies for authentication, security, preferences, payments and, depending on your choice, analytics or marketing. Our Cookie Policy explains each category and how to change your choice.

8. Who receives information

We disclose information only where necessary to:

  • our authorized staff and contractors;
  • hosting, cloud, database, authentication, form, email, customer-support, analytics, error-monitoring and security suppliers;
  • Stripe and the financial institutions involved in payments, billing, fraud prevention and disputes;
  • professional advisers such as accountants, auditors, insurers and lawyers;
  • law-enforcement, courts, regulators, tax authorities or other bodies where disclosure is required or legally justified; and
  • a buyer, investor or successor if we reorganize, finance, sell or transfer all or part of the business, subject to appropriate confidentiality and data-protection safeguards.

Current key suppliers include Cloudflare and GoHighLevel/LeadConnector for the website and CRM, and Stripe for payment and subscription administration.

We do not sell personal information. Some recipients, including Stripe, may also act as independent controllers for parts of their own processing. Their own privacy notices explain those activities.

9. International data transfers

FCO is based in the United States. If you access the Services from outside the United States, your information will be transferred to, stored, and processed in the United States, where data protection laws may differ from those in your jurisdiction. By using the Services, you consent to this transfer.

10. How long we keep information

We apply the following intended periods unless a longer period is required by law, a dispute or a documented business need:

Information Intended retention
Enquiries that do not become customers Up to 24 months after the last substantive contact
Account and Tool information While the account is active, then deletion or anonymization within 90 days, subject to backups and legal holds
Backups containing deleted account information Isolated from normal use and overwritten within 90 days
Transaction, invoice, tax and accounting records Up to 7 years after the end of the relevant accounting period, or longer if legally required
Support records Up to 3 years after the matter is closed
Routine security and access logs Up to 12 months, unless needed to investigate an incident
Marketing records Until you opt out or we determine the contact is inactive
Consent and terms-acceptance records Up to 6 years after we last rely on the record or the relevant contract ends

We may anonymize information so it can no longer identify anyone. Properly anonymized information is not personal information and may be retained for service statistics and improvement.

11. Security

We use proportionate technical and organizational measures designed to protect information, including access controls, encrypted transmission, supplier controls, logging and incident procedures. No online service can guarantee absolute security.

You are responsible for keeping login credentials confidential, using unique passwords and telling us promptly if you suspect unauthorized account access.

12. Your privacy rights

Depending on where you live, you may have rights under applicable privacy law (for example, the CCPA/CPRA in California, or other U.S. state or foreign privacy laws) to:

  • know what personal information we hold about you and request a copy;
  • correct inaccurate information;
  • request deletion;
  • opt out of the sale or sharing of personal information (FCO does not sell personal information);
  • limit use of sensitive personal information; and
  • not be discriminated against for exercising these rights.

To exercise a right, contact [email protected]. We may need to verify your identity and may ask for information needed to locate the relevant records. We aim to respond within the time required by applicable law.

13. Children

The Services are for business users aged 18 or over. We do not knowingly collect personal information from children. Contact us if you believe a child has provided information to us.

14. Other websites

Our pages may link to websites or services controlled by others. Their privacy notices, not this notice, apply to their independent processing.

15. Changes to this notice

We may update this notice to reflect changes in our service, suppliers or the law. We will post the current version and its last-updated date. If a change materially affects how we use existing information, we will provide an appropriate additional notice.

16. Governing law

This notice, and any dispute about our handling of your information, is governed by Indiana law, without regard to its conflict-of-law rules.

17. Contact

Privacy questions and requests: [email protected]

Effective date: July 9, 2025 Last updated: September 1, 2026

1. About these terms

These terms govern use of firstclassops.com and the public pages, forms and content that link to them (the "Website").

The Website is operated by SCOPE, LLC, an Indiana limited liability company doing business as First Class Operations ("FCO", "we", "us" or "our").

Email: [email protected]

By using the Website, you agree to these terms. If you buy or use Tool Suite, our Business Subscription Terms also apply. Our Privacy Notice explains how we use personal information.

Visitors in the United Kingdom should see FCO's separate UK-facing terms and privacy pages.

2. Business audience

The Website and Tool Suite are directed at people acting for business purposes. They are not directed at children.

If you are looking to buy wholly or mainly for personal or household use, contact us before purchasing so we can confirm whether that use is supported.

3. Website access

We may update, suspend or withdraw all or part of the Website. We do not promise that it will always be available, uninterrupted or free from errors. You are responsible for the device, software and internet connection used to access it.

4. Information and Tool outputs

Website content, demonstrations, calculators, diagnostics, assessments and sample or actual Tool outputs are general business information. They are not legal, tax, accounting, financial, employment, medical or other regulated professional advice and are not a substitute for advice based on your circumstances.

You remain responsible for checking information, exercising independent judgment and deciding whether or how to act. No result guarantees a business, financial or operational outcome.

5. Forms and information you submit

When you submit a form or other information, you confirm that:

  • it is accurate to the best of your knowledge;
  • you are authorized to provide it and, if relevant, to act for the named business;
  • providing it does not breach confidentiality, privacy, intellectual-property or other rights; and
  • you will not submit unlawful content, malicious code, complete payment-card details, account passwords, or sensitive personal information unless a feature expressly requests it and we have agreed appropriate safeguards.

Submitting an enquiry does not oblige either party to enter a contract. We may use the information to respond and take requested pre-contract steps as explained in our Privacy Notice.

You retain ownership of information you submit. You give FCO a non-exclusive license to host, copy, transmit and use it only as needed to respond, provide the requested feature, secure and administer the service, and meet legal obligations.

6. Intellectual property

FCO or its licensors own the Website, branding, text, software, layouts, graphics, methodologies and other content, except information submitted by users and material identified as belonging to others.

You may view the Website and make a reasonable number of copies for your internal business evaluation. You must not, without prior written permission:

  • republish, sell, license or commercially exploit Website content;
  • remove trademarks, copyright notices or attribution;
  • reproduce a material part of the Website or create a competing database or tool from it; or
  • present FCO content as your own or imply an endorsement that does not exist.

"First Class Operations", "FCO" and associated names and logos are trademarks or business identifiers of their respective owner. No license to use them is granted except as expressly stated.

7. Acceptable use

You must not:

  • break any law or encourage unlawful conduct;
  • attempt to gain unauthorized access to the Website, accounts, servers or data;
  • introduce malware, carry out denial-of-service activity or interfere with security;
  • scrape, crawl or use automated means at a volume that burdens the Website, except ordinary search-engine indexing that respects published instructions;
  • reverse engineer or probe non-public parts of the Website except where a law prevents that restriction;
  • impersonate another person or misrepresent your authority; or
  • use the Website to infringe, harass, discriminate or send unsolicited communications.

We may block or report activity that we reasonably believe presents a security, legal or abuse risk.

8. Other websites and services

Links and embedded services provided by others are offered for convenience. We do not control their availability, content or independent privacy practices and do not endorse them merely by linking to them.

Stripe processes payments through the checkout, but FCO — not Stripe — is the seller of Tool Suite subscriptions.

9. Separate services

Any consultancy, implementation or other work that a market development lead or another person provides outside the FCO subscription must be covered by a separate written engagement. Use of this Website alone does not create that engagement, a partnership, employment relationship or authority to bind FCO beyond an express appointment.

10. Disclaimers and limitation of liability

Subject to any liability that cannot lawfully be limited or excluded:

  • the Website is provided "as is" and "as available" without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement;
  • we do not warrant that public content is complete, current or suitable for a particular decision;
  • neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profit, revenue, opportunity, goodwill, anticipated savings or business interruption arising from use of the public Website; and
  • our total liability arising from the public Website, excluding a paid subscription governed by separate terms, is limited to $100.

The Business Subscription Terms contain the liability provisions for Tool Suite subscriptions.

11. Privacy and cookies

Our Privacy Notice and Cookie Policy explain our handling of personal information and your controls. Please read them before submitting information.

12. Changes

We may change these terms to reflect legal, security or Website changes. The version in force when you use the Website applies to that use. Changes to an existing paid subscription are governed by the Business Subscription Terms.

13. Governing law and courts

These terms and any dispute arising from the Website are governed by Indiana law, without regard to its conflict-of-law rules. The state and federal courts located in Floyd County, Indiana have exclusive jurisdiction, subject to any mandatory law that cannot be displaced.

14. Contact

Questions about the Website: [email protected]

Effective date: July 9, 2025 Last updated: September 1, 2026

Important: business customers only

Tool Suite is offered under these terms only to customers buying wholly or mainly for purposes relating to their trade, business or profession. It is not offered through this checkout for personal or household use.

By ordering, the person completing checkout confirms that the customer is acting as a business and that the person has authority to bind that business. If that is not correct, do not complete the business checkout and contact us.

1. Parties and contact details

These terms are between:

  1. SCOPE, LLC, an Indiana limited liability company doing business as First Class Operations ("FCO", "we", "us" or "our"); and
  2. the business identified at checkout or in the applicable order (the "Customer", "you" or "your").

They apply to an Order placed through FCO's business checkout or another Order that expressly incorporates them.

FCO is the seller, subscription provider and merchant of record. Stripe provides payment-processing technology and is not the seller.

Contract notices: [email protected] Support: [email protected]

2. The agreement

The agreement consists of:

  • the checkout or other order showing the plan, billing period, currency and price (the "Order");
  • these Business Subscription Terms;
  • our Data Processing Addendum, where FCO processes Customer Personal Data on the Customer's behalf; and
  • any document expressly incorporated into the Order.

Our Privacy Notice explains FCO's own processing. Our Acceptable Use rules are included in Section 9.

If documents conflict, the Order prevails, followed by any signed amendment, the Data Processing Addendum for data-protection matters, and then these terms.

3. Subscription and access

Subject to payment and these terms, FCO grants the Customer a limited, non-exclusive, non-transferable right during the subscription term for its authorized users to access and use Tool Suite for the Customer's internal business purposes.

The subscription starts when FCO confirms the Order or provides access, whichever happens first. Features, usage limits and authorized-user numbers are those described at checkout or in the applicable plan.

The Customer must provide accurate account and billing information and keep it current.

4. Charges, renewal and taxes

4.1 Price and currency

The price and billing currency are displayed before the Customer places the Order. The final checkout total is the amount FCO will charge for that billing period.

If FCO is legally required to collect sales, use or other transaction tax, the amount or tax treatment will be shown at or before checkout where required.

4.2 Automatic monthly renewal

Unless the Order says otherwise, the subscription renews automatically each month. FCO may charge the saved payment method at the start of each renewal period without a separate reminder, except where law or the Order requires one.

4.3 Price changes

FCO may change the price for a future renewal by giving at least 30 days' notice. A change takes effect on the first renewal after the notice period. If the Customer does not agree, its remedy is to cancel before the changed price takes effect.

4.4 Payment failures

If payment fails or is overdue, FCO may retry the payment, ask the Customer to update its method, suspend access after reasonable notice, and recover lawful collection costs. Suspension does not waive an amount already due.

4.5 Invoices

Invoices and receipts are made available electronically. The Customer is responsible for downloading and retaining the records it needs.

5. Cancellation, refunds and termination

5.1 Customer cancellation

The Customer may cancel at any time through the Stripe customer portal or by emailing [email protected] from an authorized account address. Cancellation may take effect immediately or at the end of the current paid billing period, as shown in the portal or cancellation confirmation.

If cancellation takes effect immediately, access ends immediately and the Customer may lose access to saved information and outputs. If cancellation takes effect at the end of the billing period, access continues until then unless the account is suspended or terminated for breach.

Cancelling stops future renewals. Amounts already paid, including any unused portion of a billing period following immediate cancellation, are non-refundable except where these terms, the Order or applicable law expressly requires a refund.

5.2 Termination for breach

Either party may terminate if the other materially breaches the agreement and, where the breach can be remedied, does not remedy it within 14 days after written notice. FCO may suspend or terminate immediately for unlawful use, a serious security threat, fraud, deliberate infringement or conduct that could materially harm users, FCO or the service.

5.3 Effect of termination

On expiry or termination, the Customer's access and license end. Sections intended by their nature to continue — including payment obligations, confidentiality, intellectual property, disclaimers, liability, data-protection and dispute terms — survive.

Customer Personal Data is returned or deleted as described in the Data Processing Addendum. The Customer should export any available information it needs before access ends.

6. Accounts and authorized users

The Customer is responsible for:

  • deciding who may use its account and removing access promptly when no longer needed;
  • keeping credentials confidential and using available security features;
  • all activity through its account unless caused by FCO's breach;
  • ensuring authorized users comply with the agreement; and
  • notifying [email protected] promptly of suspected unauthorized access.

Accounts and credentials may not be shared beyond the plan's authorized-user limits.

7. Customer information

The Customer retains its rights in information it or its authorized users enter, upload or generate through Tool Suite ("Customer Data"). The Customer gives FCO and its subprocessors a limited right to host, copy, transmit, display and otherwise process Customer Data only to provide, secure, support and administer Tool Suite, comply with documented instructions, and meet legal obligations.

The Customer confirms that it has all rights, notices and permissions needed for FCO to process Customer Data under the agreement. The Customer must not provide data that the service is not designed to handle, including complete payment-card details, passwords, or sensitive personal information, unless FCO has expressly agreed in writing.

Where Customer Data includes personal data for which the Customer is responsible, the Data Processing Addendum applies.

FCO may create and use statistics that are genuinely anonymized so that no person or Customer can reasonably be identified. FCO will not attempt to re-identify anonymized information.

8. Confidentiality

Each party must protect the other's non-public business, technical and commercial information using at least reasonable care and may use it only to perform or receive the agreement. It may disclose confidential information only to people who need it and are bound by confidentiality, or where law requires disclosure. If legally permitted, the receiving party will give advance notice of a compelled disclosure.

Confidential information does not include information that the receiving party can show was already lawfully known without restriction, becomes public without breach, is received lawfully from another source, or is independently developed without use of the confidential information.

9. Acceptable use

The Customer and its users must not:

  • use Tool Suite unlawfully or to infringe another person's rights;
  • upload malicious code or interfere with availability, integrity or security;
  • attempt unauthorized access, vulnerability testing or circumvention of usage or security controls without written permission;
  • reverse engineer, decompile or discover source code except to the limited extent a law makes that restriction unenforceable;
  • scrape, copy or extract substantial parts of Tool Suite to build a competing product or dataset;
  • resell, sublicense, lease, timeshare or provide Tool Suite as a service bureau unless an Order expressly allows it;
  • use Tool Suite or its outputs to train a competing machine-learning or software product;
  • submit information the Customer has no right to use; or
  • use an output as the sole basis for a decision that produces a legal or similarly significant effect on an individual.

Reasonable integration and export functions expressly provided by FCO may be used as documented.

10. Tool outputs and professional judgment

Tool Suite provides business diagnostics, calculations, assessments, prompts and informational outputs based on the information supplied. Outputs may be incomplete, inaccurate or unsuitable for a particular circumstance.

Tool Suite does not provide legal, tax, accounting, financial, employment, medical or other regulated professional advice. The Customer is responsible for reviewing inputs and outputs, applying professional judgment, keeping appropriate records and obtaining qualified advice where needed. FCO does not guarantee a particular business or financial result.

11. FCO intellectual property

FCO and its licensors retain all rights in Tool Suite, its software, workflows, designs, text, methodologies, documentation, branding and improvements, other than Customer Data. No right is granted except the limited subscription right in Section 3.

If the Customer gives feedback, it grants FCO a worldwide, perpetual, irrevocable, royalty-free right to use it without identifying the Customer or disclosing Customer confidential information.

12. Third-party services

Tool Suite may interoperate with Stripe or other third-party services. Their own terms and privacy notices apply to their independent services. FCO is not responsible for a third party's systems, but this does not reduce FCO's obligations for subprocessors under the Data Processing Addendum.

13. Security and availability

FCO will use reasonable technical and organizational measures appropriate to the service and the risks of the information it is designed to process. No online service can guarantee uninterrupted availability or absolute security.

FCO may carry out maintenance, make security updates and modify features. We will use reasonable efforts to avoid materially reducing the core paid service during a current term. If a permanent change materially removes the essential purpose of the purchased plan, the Customer may notify FCO promptly; if FCO cannot provide a reasonable alternative, the Customer may terminate and receive a pro-rata refund for the unused current period.

14. Warranties

Each party warrants that it has authority to enter the agreement.

FCO warrants that Tool Suite will be provided with reasonable care and skill and will materially conform to its current description. If the Customer reports a material breach of this warranty promptly, FCO will use reasonable efforts to correct it. If FCO cannot do so within a reasonable period, the Customer may terminate and receive a pro-rata refund for the unused current period. This is the Customer's exclusive remedy for that warranty, subject to rights that cannot be excluded.

Except as expressly stated and to the fullest extent permitted by law, Tool Suite is provided without other warranties or guarantees, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

15. Customer indemnity

The Customer will indemnify and defend FCO, its officers, personnel and contractors against a third-party claim, and the resulting damages, settlements and reasonable legal costs, to the extent the claim arises from:

  • Customer Data infringing another person's intellectual-property, confidentiality, privacy or other rights;
  • the Customer's unlawful use of Tool Suite;
  • a deliberate or reckless breach of the acceptable-use requirements; or
  • the Customer's instructions causing FCO to process information unlawfully despite FCO having warned the Customer of the issue.

FCO must notify the Customer promptly, provide reasonable cooperation at the Customer's cost and allow the Customer to control the defense. The Customer may not settle in a way that admits fault by FCO, imposes an obligation on FCO or fails to release FCO without FCO's written consent. This indemnity does not apply to the extent a claim was caused by FCO's breach, negligence or unauthorized modification or use of Customer Data.

16. Liability

Subject to any liability that cannot lawfully be excluded or limited:

  • neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profit, revenue, anticipated savings, opportunity, goodwill or business interruption;
  • FCO is not liable for a decision made from a Tool output without the review and judgment required by Section 10;
  • the Customer remains responsible for the accuracy and legality of Customer Data and instructions; and
  • each party's total aggregate liability arising from the agreement is limited to the subscription fees paid or payable to FCO under the agreement during the 12 months immediately before the event giving rise to the first claim.

17. Changes to these terms

FCO may update these terms for legal, regulatory, security or service reasons. For a material change affecting an existing subscription, FCO will give at least 30 days' notice unless urgent legal or security circumstances require a shorter period. The change takes effect on the next renewal after the notice period. If the Customer does not agree, it may cancel before that renewal.

18. Events outside reasonable control

Neither party is liable for delay or failure caused by events beyond its reasonable control, provided it takes reasonable steps to reduce the effect. This does not excuse payment already due.

19. General

Neither party may assign the agreement without the other's consent, not to be unreasonably withheld, except that FCO may assign it as part of a merger, reorganization, financing or transfer of all or substantially all of the relevant business.

The agreement is the entire agreement about the subscription and replaces earlier discussions about it. A delay in enforcing a right is not a waiver. If a provision is unenforceable, it will be modified only as far as needed and the rest remains effective. The parties are independent contractors; the agreement does not create a partnership, joint venture, employment or fiduciary relationship.

Notices relating to breach, termination or legal claims must be sent to the contract-notices email in Section 1 and are treated as received on the next business day after transmission unless the sender receives a failure notice.

20. Governing law and courts

The agreement and any dispute are governed by Indiana law, without regard to its conflict-of-law rules. The state and federal courts located in Floyd County, Indiana have exclusive jurisdiction. Any mandatory law that cannot validly be displaced continues to apply.

21. Contact and complaints

Support and cancellation: [email protected] Contract notices: [email protected]

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