Terms of Service & Refund Policy
Effective Date: April 25, 2026 — ISCG Labs, Inc. • iscgconsulting.com
1. Acceptance of Terms
By accessing or using the Executive Protection Advance Survey platform (the “Service”) provided by ISCG Labs, Inc. (“ISCG,” “Company,” “we,” “our,” or “us”), you (“User,” “you,” or “your”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use the Service.
The Service is currently available only to users within the United States. By subscribing, you represent and warrant that you are located in the United States, you are a resident of the United States, that your primary place of business or employment is located within the United States, and are at least 18 years of age. The Company does not offer, market, or direct the Service to individuals or entities located outside the United States, and makes no representation that the Service is appropriate, lawful, or available for use in any jurisdiction outside the United States.
If you are a US-based subscriber who temporarily accesses the Service while traveling outside the United States, you do so at your own risk and sole responsibility. You acknowledge and agree that: (i) your use of the Service from a foreign jurisdiction may cause data, including encrypted survey data, account information, and technical data, to be transmitted through or temporarily processed in networks and infrastructure located outside the United States; (ii) We make no representation that such transmission or access complies with the data protection, privacy, import/export, encryption, or national security laws of the foreign jurisdiction in which you are located; (iii) you are solely responsible for determining whether your use of the Service from a foreign jurisdiction complies with all applicable local laws, including but not limited to laws governing the import or use of encryption technology, data localization requirements, and restrictions on the collection or processing of personal data; and (iv) the Company shall have no liability for any legal consequences, penalties, data seizures, or claims arising from your decision to access the Service from outside the United States.
You may not access or use the Service from, or on behalf of any person or entity located in, any country or territory that is subject to comprehensive US economic sanctions administered by the Office of Foreign Assets Control (OFAC), including but not limited to Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine, or any country or territory where the use, import, or export of AES-256 encryption technology is restricted or prohibited by local law. You may not use the Service to store, process, or transmit survey data relating to protective operations conducted in any such jurisdiction.
The Service, including its encryption components, may be subject to US export control laws and regulations, including the Export Administration Regulations (EAR) administered by the Bureau of Industry and Security. You agree that you will not export, re-export, transfer, or make available the Service or any data obtained through the Service to any person, entity, or destination prohibited by US law. You represent and warrant that you are not listed on any US government restricted party list, including the Specially Designated Nationals and Blocked Persons List (SDN List), the Entity List, or the Denied Persons List.
If the Company determines, in its sole discretion, that an account holder is not a US resident or not located in the United States, has provided false residency information, or is accessing the Service primarily from outside the United States in a manner inconsistent with temporary travel, we reserve the right to suspend or terminate the account immediately. In the event of termination under this section, refund eligibility will be determined in accordance with Section 8, except that no refund shall be issued if the account was created using materially false registration information.
2. Description of Service
The Executive Protection Advance Survey is a secure, cloud-based platform designed for executive protection professionals. The Service enables users to create, manage, and collaborate on advance survey reports used in protective security operations. All survey data is encrypted using AES-256-GCM encryption in the browser before transmission to our servers.
3. Accounts and Registration
You must create an account to use the Service. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.
Each subscription is for a single individual user. Account credentials may not be shared with or transferred to another person.
By creating an account, you represent and warrant that all registration information you provide, including but not limited to your name, email address, and residency, is accurate, current, and complete. You agree to update your registration information promptly if any material change occurs. Providing materially false registration information, including false representations regarding US residency, constitutes a material breach of these Terms and grounds for immediate termination under Section 13 and Section 1 and this Section.
4. Subscription Plans and Pricing
The Service is offered under the following subscription plans:
Monthly Plan: $65.00 per month, billed monthly. Includes a 7-day free trial for new subscribers. No charge is made until the trial period ends. You may cancel at any time during the trial at no cost.
Annual Plan: $624.00 per year, billed annually (equivalent to $52.00 per month, a 20% discount). No free trial is offered on the annual plan.
All prices are in U.S. dollars. We reserve the right to change pricing with 30 days’ advance notice to existing subscribers. Price changes apply only to new billing cycles and do not affect the current billing period.
5. Free Trial
New subscribers are eligible for a one-time 7-day free trial. During the trial period, you have full access to all features of the Service. The free trial is available once per individual. Creating multiple accounts to obtain additional free trials is prohibited and may result in account termination.
If you cancel during the trial period, your access continues through the end of the trial. At trial end, your account and all associated data will be permanently deleted. You will not be charged. If you do not cancel before the trial period ends, your subscription will automatically convert to a paid Monthly Plan or Annual Plan (as selected at registration), and the payment method on file will be charged at the applicable rate. By beginning a free trial, you authorize this automatic conversion and charge unless you cancel before the trial expires. Following registration, you will receive a confirmation email summarizing your subscription terms, including the automatic conversion date, the applicable billing amount, the billing frequency, and instructions for canceling before the trial expires. You may cancel at any time through the Customer Portal.
6. Payment and Billing
All payments are processed securely through Stripe, our third-party payment processor. By subscribing, you authorize us to charge your payment method on a recurring basis according to your selected plan. You are responsible for ensuring your payment information is accurate and current.
Invoices and receipts are sent automatically via email after each successful payment.
7. Cancellation Policy
You may cancel your subscription at any time through the Customer Portal. Cancellations take effect as follows:
7.1 Monthly Plan Cancellations: When you cancel a Monthly Plan, your access continues through the end of the current billing period. No refund is issued.
7.2 Annual Plan Cancellations: When you cancel an Annual Plan, your access continues through the end of the current annual billing period. No refund is issued.
8. Refund Policy
You may cancel your Monthly or Annual Plan at any time through the Customer Portal. Upon cancellation, your access to the Service continues through the end of your current billing period. At the end of that period, your account and all data associated with it — including all encrypted survey data, encryption keys, collaboration records, and account information — will be deleted from active storage in accordance with Section 8 of the Data Processing Agreement. Residual copies in encrypted database backups maintained by our infrastructure provider are purged within thirty (30) days as part of the standard backup retention schedule. No refund is issued upon cancellation, as you retain full access to the Service through the period for which you have paid.
8.1 Disputed Charges: If you believe you have been charged in error, please contact us at contact@iscgconsulting.com before initiating a chargeback with your financial institution. We are committed to resolving billing disputes promptly and fairly.
9. Plan Changes
9.1 Upgrading from Monthly to Annual: You may upgrade from a Monthly Plan to an Annual Plan at any time through the Customer Portal. When you upgrade, Stripe will automatically prorate the unused portion of your current monthly billing cycle and apply it as a credit toward the annual price.
9.2 Downgrading from Annual to Monthly: You may downgrade from an Annual Plan to a Monthly Plan at any time through the Customer Portal. The change takes effect at the end of your current annual billing period; you retain your Annual Plan benefits until then.
10. Data Security and Privacy
We take the security of your data seriously. The Service employs the following security measures:
Client-Side Encryption: All survey data is encrypted using AES-256-GCM encryption in your browser before being transmitted to our cloud database (operated by Supabase, Inc. on our behalf). Survey data is stored only as ciphertext. As a matter of policy and practice, ISCG does not access, view, read, or analyze the contents of your surveys. Your data belongs to you and is accessible only to you and any collaborators you explicitly authorize.
Encryption Key Management: Encryption keys are stored in our cloud database (operated by Supabase, Inc.) and protected by row-level access controls so that only the survey owner and any collaborators they have explicitly invited can retrieve a key. ISCG does not access your encryption keys or your survey data in the ordinary course of business.
Secure Authentication: User authentication is managed by our authentication provider (Supabase) using secure session tokens. Passwords are stored as a salted bcrypt hash and are never stored or transmitted in plaintext or any retrievable form.
Row-Level Security: Database-level access controls ensure that users can only access their own surveys and surveys that have been explicitly shared with them.
Collaboration Controls: Survey creators can invite up to 2 collaborators per survey. Only the survey creator can delete a survey, and all related sharing records are automatically removed when a survey is deleted.
We do not sell, trade, or share your personal information or survey data with third parties. For complete details, please refer to our Privacy Policy.
11. Data Retention
11.1 Active Subscribers: For as long as your subscription is active, all surveys and data you create within the Service will remain stored on our servers indefinitely. There is no limit on how long your data can be retained while you maintain an active subscription. Your data is yours to keep for as long as you need it.
11.2 What “Data Retention” Means: It is important to understand that data retention refers solely to the storage of your encrypted data on our servers for your access and use. As a matter of company policy and practice, ISCG does not view, read, access, or use your stored survey data. Your encrypted data is stored for your benefit and your benefit only. We retain your data so that you can access it — not so that we can.
11.3 Cancellation and Data Deletion: If you cancel your subscription, all of your encrypted survey data will be deleted from active storage at the end of your current billing period. Residual copies in encrypted database backups maintained by our infrastructure provider (Supabase) are purged within thirty (30) days as part of the standard backup retention schedule. After that purge, this data cannot be recovered by anyone, including ISCG. Before confirming your cancellation, you should download any surveys you wish to keep. It is your responsibility to export and save any data you want to retain before your subscription ends. We strongly recommend downloading all important surveys prior to cancelling.
11.4 Voluntary Data Deletion: Active subscribers may delete individual surveys at any time through the Service. When a survey is deleted by the survey creator, all associated data and sharing records are permanently removed. Collaborators cannot delete surveys they did not create. If you wish to delete your entire account and all associated data, please contact contact@iscgconsulting.com.
12. Law Enforcement and Legal Process
12.1 Compliance with Legal Process: ISCG will comply with valid legal process, including subpoenas, court orders, and search warrants issued by courts of competent jurisdiction in the United States. If we receive a lawful request for information related to your account, we will comply to the extent required by law.
12.2 What We Can and Cannot Provide: Because survey contents are stored only as ciphertext in our cloud database (operated by Supabase, Inc.), there are practical limits on what ISCG can and cannot provide in response to legal process:
Account information: In response to valid legal process, ISCG can produce basic account information, including the email address associated with your account, subscription status, payment history (as maintained by Stripe), date of account creation, date of last login, IP addresses associated with account activity, and device/browser information collected as Technical Data.
Survey data and encryption keys: All survey data stored on our servers is encrypted using AES-256-GCM. Encryption keys associated with each survey are maintained within our database infrastructure. ISCG will produce encrypted survey data and associated encryption keys only in response to valid, enforceable legal process issued by a court of competent jurisdiction in the United States — specifically, a court order, search warrant supported by probable cause, or other compulsory legal process that, in the judgment of ISCG and its legal counsel, satisfies applicable legal standards. ISCG will not voluntarily disclose encrypted survey data or encryption keys to any law enforcement agency, government entity, or third party absent such compulsory legal process.
Where ISCG believes that legal process is overbroad, insufficiently particularized, or otherwise legally deficient, ISCG will make reasonable efforts to challenge, narrow, or quash such process before producing responsive data, to the extent permitted by law and practicable under the circumstances. ISCG does not guarantee that it will prevail in any such challenge.
12.3 User Notification: Unless prohibited by law, court order, or applicable gag order, ISCG will make reasonable efforts to notify you promptly if ISCG receives legal process seeking information related to your account, so that you may exercise any legal rights available to you, including the right to challenge the request in court. If ISCG is prohibited from providing notice at the time of disclosure, ISCG will provide notice as soon as the prohibition is lifted, unless the prohibition is indefinite.
13. Acceptable Use
You agree to use the Service only for lawful purposes related to executive protection and security advance work. You may not use the Service to store, transmit, or process content that is illegal, threatening, or violates the rights of others. You may not attempt to reverse engineer, decompile, or disassemble the Service. You may not attempt to gain unauthorized access to the Service, other user accounts, or our systems. You may not use the Service to compete with or replicate our offering. We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated this section.
You may not use the Service in connection with any activity that violates US export control laws, economic sanctions programs, or anti-money laundering regulations. You may not provide access to the Service, or share survey data generated through the Service, with any person or entity that is located in a sanctioned jurisdiction, listed on a US government restricted party list, or otherwise prohibited from receiving US-origin goods, software, or technology. You may not use the Service to plan, document, or support protective operations for the benefit of any person or entity that is subject to US sanctions, or in connection with any engagement where such use would cause ISCG to violate applicable law.
Your use of the Service is additionally governed by the Acceptable Use Policy, which is incorporated into these Terms by reference. In the event of a conflict between this Section 13 and the Acceptable Use Policy, the Acceptable Use Policy shall control.
14. Collaboration and Sharing
14.1 Collaboration Features: The Service allows survey creators to invite up to two (2) collaborators per survey. When you share a survey with a collaborator, the collaborator can view and edit the survey data contained in that survey. The survey creator retains ownership of the survey and is the only person who can delete it. When a survey is deleted by the survey creator, all associated sharing records and collaborator access are automatically and permanently removed.
14.2 Collaborator Eligibility: You may only invite collaborators who (a) are at least 18 years of age, (b) hold an active, individually paid subscription to the Service in good standing, (c) are located in the United States or otherwise lawfully permitted to access the Service consistent with Section 1, and (d) have a legitimate professional need to access the survey data in connection with an executive protection or security engagement in which both you and the collaborator are professionally involved. You may not invite individuals who do not maintain their own active subscription or who are not actively engaged in the protective operation documented in the survey. You may not share a survey with any person who does not hold an active, individually paid subscription to the Service.
14.3 Independent Subscriber Obligations: Each collaborator, as an independent subscriber to the Service, is individually and directly bound by these Terms of Service, the Acceptable Use Policy, the Data Privacy and Security Policy, and the Data Processing Agreement. The account holder who invites a collaborator is not required to separately bind the collaborator to these agreements, as each collaborator accepted them independently at the time of their own subscription. However, the account holder remains responsible for verifying that any collaborator they invite satisfies the eligibility requirements in Section 14.2 before granting access.
14.4 Shared Responsibility Model: Both the survey creator and each collaborator bear responsibility for their respective use of shared survey data. The survey creator is responsible for (a) verifying collaborator eligibility under Section 14.2, (b) determining that the collaborator has a legitimate professional need for access, and (c) revoking access promptly when the professional engagement concludes or when the creator becomes aware that a collaborator is misusing data. Each collaborator is independently responsible for (a) complying with these Terms and the Acceptable Use Policy with respect to any data they access, modify, or export, (b) using shared survey data solely for the purpose of the protective operation for which access was granted, and (c) maintaining the confidentiality of all survey data in accordance with their own obligations as a subscriber.
14.5 Enforcement Against Collaborators: Because each collaborator is an independent subscriber, the Company may take enforcement action — including warnings, suspension, and termination — directly against a collaborator’s account without action against the survey creator’s account, and vice versa. If the Company terminates a collaborator’s subscription for any reason, the collaborator’s access to all shared surveys is automatically and immediately revoked. If the Company terminates a survey creator’s account, all surveys owned by that creator — including shared surveys — are subject to the data deletion provisions applicable to the creator’s account, and all collaborators lose access to those surveys.
14.6 No Liability for Collaborator Conduct: While the survey creator is responsible for verifying eligibility and revoking access as described in Section 14.4, the Company does not hold the survey creator liable for a collaborator’s independent violations of these Terms or the Acceptable Use Policy, provided the survey creator (a) verified the collaborator’s eligibility at the time of invitation, (b) did not know of or participate in the collaborator’s violation, and (c) revoked the collaborator’s access promptly upon becoming aware of the violation. This limitation does not reduce or eliminate any collaborator’s own independent liability as a subscriber.
15. Service Availability
We strive to maintain 99.9% uptime for the Service. However, we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance (with advance notice when possible), system updates or security patches, circumstances beyond our reasonable control, or third-party service outages (such as cloud hosting, payment processing, or mapping services). We are not liable for any losses or damages resulting from temporary service interruptions.
16. Intellectual Property
The Service, including its design, features, code, and documentation, is the proprietary property of ISCG and is protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service for its intended purpose during your active subscription period.
You retain full ownership of all survey data and content you create using the Service.
17. Limitation of Liability
17.1 Nature of the Service: The Service is a planning, documentation, and communication tool designed to support executive protection professionals. The Service does not replace professional judgment, training, or situational awareness. All operational decisions — including but not limited to route selection, venue security assessments, threat response, principal movement, and emergency actions — remain the sole responsibility of the qualified protection professionals using the Service.
17.2 No Guarantee of Security Outcomes; Disclaimer of Warranties: While the Service employs AES-256-GCM encryption and other security measures to protect your data, no system is completely immune to unauthorized access, interception, or failure. ISCG does not guarantee that the Service will be free from vulnerabilities, errors, or interruptions.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ISCG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ISCG MAKES NO WARRANTY OR REPRESENTATION THAT THE SERVICE WILL (A) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) PROVIDE RESULTS THAT ARE ACCURATE, RELIABLE, OR COMPLETE, OR (D) BE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.
ISCG DOES NOT WARRANT THAT THE ENCRYPTION TECHNOLOGY USED IN THE SERVICE WILL PREVENT ALL UNAUTHORIZED ACCESS TO YOUR DATA. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ISCG OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
17.3 Exclusion of Consequential Damages: To the maximum extent permitted by applicable law, ISCG shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of revenue, loss of business opportunity, personal injury, bodily harm, property damage, or damages arising from any security incident, operational failure, or reliance on information processed through the Service — regardless of whether such damages were foreseeable and regardless of whether ISCG was advised of the possibility of such damages.
17.4 Cap on Liability: ISCG’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, ARBITRATION, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO ISCG IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE BEEN A SUBSCRIBER FOR LESS THAN TWELVE (12) MONTHS, THE LIABILITY CAP SHALL BE CALCULATED BASED ON THE TOTAL FEES ACTUALLY PAID FROM THE DATE OF YOUR INITIAL SUBSCRIPTION THROUGH THE DATE OF THE EVENT GIVING RISE TO THE CLAIM. FOR USERS IN A FREE TRIAL PERIOD WHO HAVE NOT YET MADE ANY PAYMENT, ISCG’S TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
THIS LIMITATION IS CUMULATIVE AND NOT PER-INCIDENT. ALL CLAIMS YOU MAY HAVE AGAINST ISCG ARE AGGREGATED TO DETERMINE WHETHER THE CAP HAS BEEN REACHED. THE EXISTENCE OF MORE THAN ONE CLAIM DOES NOT ENLARGE THIS LIMIT.
17.5 Operational Disclaimer: ISCG is not a security services provider, protective agency, or law enforcement entity. The Service does not provide real-time threat intelligence, emergency response capabilities, or physical security. The inclusion of features such as emergency room locations, safe haven designations, route information, or threat assessments within the Service is for planning and documentation purposes only. ISCG assumes no responsibility for the accuracy, completeness, currency, or suitability of any information entered into the Service by users. Users are solely responsible for verifying all operational information independently before relying on it in any protective operation.
17.6 Third-Party Services: The Service integrates with or relies upon third-party services including but not limited to Supabase (data storage and authentication), Stripe (payment processing), and Google Maps (mapping and navigation). ISCG is not responsible for the availability, accuracy, security, or performance of any third-party service. Any disruption, data loss, or security incident caused by a third-party service provider is outside the control of ISCG and is excluded from our liability.
17.7 Exclusion for Sanctions and Export Violations: Notwithstanding any other provision of these Terms, the limitations and exclusions of liability set forth in this Section 17 shall not apply to your obligations under Sections 1 and 18(h)–(i). Your liability to us for claims arising from violations of export control laws, economic sanctions, or restricted party requirements is unlimited and is not subject to the liability cap set forth in Section 17.4. This carve-out reflects the nature and severity of potential governmental penalties for export and sanctions violations, which may be imposed on the Company as a result of your conduct.
18. Indemnification
18.1 Your Obligation: You agree to indemnify, defend and hold harmless ISCG, its owners, officers, employees, contractors, and agents from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:
(a) your use of or inability to use the Service; (b) any operational decision made in reliance on information stored, processed, or communicated through the Service; (c) any breach of these Terms by you or anyone using your account; (d) any claim that data you entered into the Service infringes or violates the rights of any third party; (e) your failure to maintain the confidentiality of your account credentials or encryption keys; (f) any allegation of negligence, misconduct, or wrongful action arising from a protective operation in which the Service was used as a planning or communication tool; (g) your violation of any applicable law, regulation, or third-party right; (h) your access to or use of the Service from outside the United States, including but not limited to any claim, investigation, fine, penalty, data seizure, or legal proceeding arising from or related to your alleged violation of any foreign data protection, data localization, privacy, encryption, import/export, or national security law resulting from such access; (i) your failure to comply with the export control, sanctions, and restricted party obligations set forth in these Terms, including any claim, investigation, or penalty by the US Department of Commerce, Office of Foreign Assets Control, or any other governmental authority arising from your use of, access to, or distribution of the Service or data obtained through the Service in violation of applicable export control laws or sanctions programs; and (j) any use of the Service by a collaborator you have authorized, to the extent such use arises from your failure to verify the collaborator’s eligibility under Section 14.2, your failure to revoke the collaborator’s access after becoming aware of a violation, or your knowing participation in or facilitation of the collaborator’s misuse, unauthorized disclosure, or unlawful processing of survey data.
18.2 Scope: This indemnification obligation applies regardless of whether the underlying claim arises in contract, tort, strict liability, statutory violation, or any other legal theory, and regardless of whether the Company is alleged to have been negligent or at fault. This obligation survives the termination or expiration of your subscription and these Terms. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.
18.3 Indemnification for Government or Regulatory Actions: For the avoidance of doubt, your indemnification obligation under this section extends to any governmental investigation, regulatory inquiry, enforcement action, civil penalty, criminal prosecution, or administrative proceeding directed at the Company that arises from or is attributable to your conduct, your data, your collaborators, or your use of the Service, including actions brought by federal, state, or foreign governmental authorities. This includes but is not limited to proceedings initiated by the Federal Trade Commission, state attorneys general, the Bureau of Industry and Security, the Office of Foreign Assets Control, or any foreign data protection authority.
19. Modifications to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated via email to the address associated with your account at least 30 days before taking effect. Your continued use of the Service after the effective date of any modifications constitutes acceptance of the updated Terms. If you do not agree with the modified Terms, you may cancel your subscription before the changes take effect.
20. Governing Law
20.1 Governing Law: These Terms, and any dispute or claim arising out of or relating to these Terms, the Service, or your use of the Service (including any non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any other jurisdiction.
20.2 Exclusive Jurisdiction and Venue: Any legal action, suit, or proceeding arising out of or relating to these Terms or the Service shall be instituted exclusively in the state or federal courts located in Hamilton County, Ohio, or the United States District Court for the Southern District of Ohio, Western Division. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such action, suit, or proceeding and waives any objection it may now or hereafter have to the laying of venue in such courts, including any objection based on inconvenient forum.
20.3 Waiver of Jury Trial: To the maximum extent permitted by applicable law, each party irrevocably waives any right it may have to a trial by jury in any legal proceeding arising out of or relating to these Terms or the Service.
20.4 Federal Law Preemption: Notwithstanding Section 20.1, any dispute arising from or related to US export control laws, economic sanctions, restricted party compliance, or any claim under federal statute that preempts state law shall be governed exclusively by applicable federal law of the United States. Venue for any such dispute shall remain in the courts identified in Section 20.2 to the extent such courts have subject matter jurisdiction.
21. Dispute Resolution
21.1 Informal Resolution: Before initiating any formal dispute resolution proceeding, the party asserting the dispute (“Complaining Party”) shall first provide written notice to the other party describing the nature of the dispute, the specific relief sought, and the factual basis for the claim (“Dispute Notice”). The Dispute Notice shall be sent to the other party by email (to the email address associated with the User’s account, or to contact@iscgconsulting.com for notices to ISCG) and, if directed to the Company, simultaneously by certified US mail to the Company’s registered business address.
Upon receipt of a Dispute Notice, the parties shall engage in good-faith informal negotiations for a period of sixty (60) days (“Informal Resolution Period”). During the Informal Resolution Period, neither party may initiate arbitration or litigation except as permitted under Section 21.6. If the dispute is not resolved within the Informal Resolution Period, either party may proceed to binding arbitration as set forth in Section 21.2.
FAILURE TO COMPLY WITH THIS SECTION 21.1 BEFORE INITIATING ARBITRATION OR LITIGATION SHALL CONSTITUTE A WAIVER OF THE NON-COMPLYING PARTY’S RIGHT TO RECOVER ATTORNEYS’ FEES, COSTS, OR ARBITRATION EXPENSES, EVEN IF IT OTHERWISE PREVAILS ON THE MERITS.
21.2 Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your use of the Service, including any claim relating to the formation, validity, enforceability, or scope of these Terms or this arbitration agreement, that is not resolved through the informal resolution process in Section 21.1 shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect, as modified by this Section 21. The arbitration shall be conducted by a single arbitrator with demonstrated experience in commercial technology disputes. The arbitration shall be conducted in English. The seat and physical location of the arbitration shall be Hamilton County, Ohio, unless the parties mutually agree to a different location or to a fully remote proceeding.
21.3 Arbitrator’s Authority and Limitations: The arbitrator shall have the authority to grant any remedy that a court of competent jurisdiction could grant, including injunctive relief, specific performance, and monetary damages, subject to the limitations set forth in these Terms. The arbitrator shall apply the substantive law specified in Section 20 and shall not have the authority to: (a) award punitive or exemplary damages except to the extent expressly authorized by applicable statute; (b) award damages in excess of the limitations set forth in Section 17, except with respect to the carve-outs identified in Section 17.7; (c) modify, alter, or disregard any provision of these Terms; or (d) consolidate claims of multiple parties or preside over any form of class, collective, or representative proceeding. The arbitrator shall issue a reasoned written award that includes findings of fact and conclusions of law. The award shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.
21.4 Class Action and Collective Proceeding Waiver: YOU AND THE COMPANY EACH AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER PARTY MAY BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A JURY TRIAL AND AGREES THAT SUCH CLAIM SHALL BE BROUGHT SOLELY ON AN INDIVIDUAL BASIS.
THIS CLASS ACTION WAIVER IS AN ESSENTIAL COMPONENT OF THIS ARBITRATION AGREEMENT. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE IN ITS ENTIRETY WITH RESPECT TO ANY PARTICULAR CLAIM, THEN THIS ENTIRE SECTION 21 SHALL BE VOID AND UNENFORCEABLE WITH RESPECT TO THAT CLAIM ONLY, AND SUCH CLAIM SHALL PROCEED IN THE COURTS IDENTIFIED IN SECTION 20.2 SUBJECT TO THE GOVERNING LAW PROVISIONS IN SECTION 20.
21.5 Costs and Fees: Each party shall bear its own attorneys’ fees, costs, and expenses incurred in connection with the arbitration, except as follows: (a) if the total amount in dispute is less than $10,000, ISCG shall pay all AAA filing fees and arbitrator compensation in excess of an amount equivalent to the filing fee the claimant would have paid to initiate a claim in the state courts of general jurisdiction in Ohio; (b) the arbitrator may, in the award, allocate filing fees, arbitrator compensation, and reasonable attorneys’ fees to the prevailing party if the arbitrator finds that the non-prevailing party’s claims or defenses were frivolous or brought in bad faith; and (c) each party shall bear the costs of its own witnesses and evidence production, unless the arbitrator determines that a different allocation is warranted by the circumstances.
21.6 Exceptions to Arbitration: Notwithstanding the foregoing, the following categories of disputes are excluded from mandatory arbitration and may be brought in court: (a) Injunctive and Emergency Relief; (b) Intellectual Property Claims; (c) Export Control, Sanctions, and Regulatory Claims; and (d) Small Claims.
21.7 Survival: This Section 21, including the agreement to arbitrate and the class action waiver, survives the termination or expiration of your subscription and these Terms.
21.8 Opt-Out Right: You have the right to opt out of binding arbitration and the class action waiver set forth in this Section 21. To opt out, you must send written notice to contact@iscgconsulting.com within thirty (30) days of the date you first accept these Terms. The notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration under these Terms. Opting out of arbitration does not affect any other provision of these Terms. ISCG will not retaliate against, penalize, or treat differently any user who exercises the opt-out right.
22. General Provisions
22.1 Severability: If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity of any provision shall not affect the validity or enforceability of any other provision of these Terms.
22.2 Waiver: The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that party’s right to enforce that provision or any other provision in the future. No waiver shall be effective unless made in writing and signed by the waiving party.
22.3 Assignment: You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of the Company. We may assign these Terms, in whole or in part, without your consent, in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of its assets, or any similar transaction.
22.4 Entire Agreement: These Terms, together with the Data Privacy and Security Policy, the Data Processing Agreement, and the Acceptable Use Policy (each as amended from time to time), constitute the entire agreement between you and the Company with respect to the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to the subject matter hereof.
22.5 Notices: All notices required or permitted under these Terms shall be sent by email (to the email address associated with your account for notices to you, or to contact@iscgconsulting.com for notices to us). Notices relating to termination, legal disputes, or indemnification claims must also be sent by certified US mail to the receiving party’s last known physical address. Notices are deemed received upon confirmed delivery by email or three (3) business days after deposit in certified US mail.
22.6 Headings: Section headings are included for convenience only and shall not affect the interpretation of these Terms.
22.7 Survival: Sections 10, 11, 12, 16, 17, 18, 20, 21, and 22 shall survive the termination or expiration of these Terms and your subscription.
22.8 Force Majeure: Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay results from circumstances beyond the affected party’s reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, cyberattacks, government actions or orders, power or internet outages, failures of third-party infrastructure providers, labor disputes, or supply chain disruptions. The affected party shall provide prompt notice of the force majeure event and shall use commercially reasonable efforts to mitigate its effects and resume performance. If a force majeure event continues for more than ninety (90) consecutive days, either party may terminate these Terms upon written notice to the other party.
23. Contact Information
For questions about these Terms, billing inquiries, refund requests, or data deletion requests, please contact us at:
ISCG Labs, Inc.
Email: contact@iscgconsulting.com
Website: iscgconsulting.com
By subscribing to the Executive Protection Advance Survey, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and Refund Policy.
