Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and StoicGuard (“Company,” “we,” “us,” or “our”) governing your access to and use of the StoicGuard website at stoicguard.com (the “Site”) and all related security scanning, compliance assessment, and monitoring services (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

1. Eligibility

You must be at least eighteen (18) years of age and have the legal capacity to enter into a binding agreement to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements. If you are using the Services on behalf of a business entity (e.g., a dental practice, professional corporation, or limited liability company), you represent and warrant that you have the authority to bind that entity to these Terms.

2. Description of Services

StoicGuard provides the following Services:

• Automated Security Scanning: External assessment of publicly accessible website infrastructure, including SSL/TLS certificate validation, DNS record analysis (SPF, DKIM, DMARC), HTTP security header evaluation, IP reputation checks via AbuseIPDB, and malware database cross-referencing via URLhaus.
• Compliance Questionnaire: A self-assessment questionnaire that collects information about your practice's security posture, including multi-factor authentication, backup encryption, Business Associate Agreements, staff training, and data encryption status.
• Shield Score: A composite security and compliance score calculated from technical scan results and questionnaire responses.
• Fine Exposure Estimates: Estimated potential HIPAA penalty exposure calculated using the penalty tiers established in 45 CFR §160.404, as adjusted for inflation by the U.S. Department of Health and Human Services.
• Remediation Recommendations: Security improvement recommendations tailored to your practice management software and identified vulnerabilities.
• Elite Monitoring: For Elite subscribers, continuous security monitoring, compliance dashboard, vendor tracking, and staff training modules.

3. Service Tiers and Pricing

3.1 Free Tier

New users receive five (5) complimentary security scans. Free scans include a limited view of security findings (one finding visible) with severity indicators and HIPAA law references. Remediation details and the full remediation guide are not included in the free tier. Free scan allocations are tracked per browser and are non-transferable. Attempting to circumvent scan limits through technical means (e.g., clearing browser storage, using multiple browsers, or automated access) constitutes a violation of these Terms.

3.2 One-Time Report ($29)

A single-purchase option providing access to up to five (5) additional security findings per scan. One-time reports are non-refundable once the scan has been initiated. Remediation guides require an Elite subscription.

3.3 Elite Subscription ($99/month)

A recurring monthly subscription providing unlimited security scans, full visibility of all findings, complete remediation guides tailored to your practice management software, continuous monitoring, compliance dashboard, vendor compliance tracking, and staff HIPAA training modules. Elite subscriptions include a seven (7) day free trial period. You will not be charged during the trial period. After the trial period, your payment method will be charged $99.00 per month until you cancel. You may cancel at any time through your account settings or by contacting stoicguard.leads@gmail.com.

4. Payment Terms

• Payment Processing: All payments are processed securely through Stripe, Inc. By providing payment information, you authorize us to charge the applicable fees to your designated payment method.
• Recurring Billing: Elite subscriptions are billed monthly on the anniversary of your subscription start date. You authorize recurring charges until you cancel.
• Price Changes: We reserve the right to modify pricing with thirty (30) days' prior written notice. Price changes will not affect the current billing cycle for existing subscribers.
• Taxes: Prices are exclusive of applicable taxes. You are responsible for all taxes, duties, and levies imposed by taxing authorities in your jurisdiction.
• Failed Payments: If a payment fails, we will attempt to process the charge up to three (3) additional times over a fourteen (14) day period. If all attempts fail, your subscription may be suspended or terminated.
• Refund Policy: One-time reports are non-refundable once a scan has been initiated. Elite subscriptions may be cancelled at any time; no refunds will be issued for partial billing periods. If you cancel during the free trial period, you will not be charged.

5. Acceptable Use Policy

You agree not to:

• Use the Services to scan websites or domains that you do not own or have explicit authorization to scan
• Attempt to circumvent scan limits, payment requirements, or access controls through any means
• Use the Services for any unlawful purpose or in violation of any applicable law or regulation
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services
• Use automated scripts, bots, or other programmatic means to access the Services without our prior written consent
• Interfere with or disrupt the integrity or performance of the Services or related systems
• Resell, redistribute, or sublicense access to the Services without our prior written consent
• Misrepresent your identity, practice information, or authorization to use the Services
• Use scan results to harass, threaten, or extort any third party

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your access to the Services without refund.

6. Intellectual Property

All content, features, functionality, software, designs, text, graphics, logos, and trademarks displayed on the Site or through the Services are the exclusive property of StoicGuard or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes in accordance with these Terms. This license does not include the right to modify, reproduce, distribute, create derivative works from, publicly display, or commercially exploit any content from the Services without our prior written consent.

Your Data: You retain all rights to the information you provide to us. By using the Services, you grant us a limited license to use your data solely for the purpose of providing the Services to you.

7. Disclaimers

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STOICGUARD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services, including scan results, scores, and recommendations
• Unauthorized access, use, or alteration of your transmissions or content
• Any HIPAA fines, penalties, enforcement actions, or regulatory proceedings
• Any data breach, security incident, or unauthorized access to your systems
• Your reliance on any information provided through the Services

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

9. Indemnification

You agree to indemnify, defend, and hold harmless StoicGuard, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or proprietary right; (d) any claim that your use of the Services caused damage to a third party; or (e) any HIPAA violation, data breach, or regulatory action related to your practice.

10. Dispute Resolution and Arbitration

10.1 Informal Resolution

Before filing any formal dispute, you agree to first contact us at stoicguard.leads@gmail.com and attempt to resolve the dispute informally for at least thirty (30) days.

10.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in the state where StoicGuard maintains its principal place of business. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND STOICGUARD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

10.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you and StoicGuard agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Harris County, Texas.

12. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

You may terminate your account at any time by contacting stoicguard.leads@gmail.com. If you have an active Elite subscription, cancellation will take effect at the end of your current billing period.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page with a revised “Last Updated” date and, for material changes, by sending an email to the address associated with your account at least thirty (30) days before the changes take effect. Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of the Services.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or agreements published by us on the Site, constitute the entire agreement between you and StoicGuard concerning the Services and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and StoicGuard regarding the Services.

16. Force Majeure

StoicGuard shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, power outages, internet service disruptions, or failures of third-party service providers.

17. Contact Information

For questions or concerns regarding these Terms, please contact us: