Terms of Use

SEPP Guard Terms of Use

Effective Date: August 18, 2026

These Terms of Use ("Terms") are a legally binding agreement between you and Brainstorm Apps, LLC, a Texas limited liability company, doing business as SEPP Guard ("SEPP Guard," "Brainstorm Apps," "we," "us," or "our").

These Terms govern your access to and use of seppguard.com and all related SEPP Guard calculators, verification tools, simulators, workpapers, reports, professional features, document-processing tools, monitoring features, artificial-intelligence-assisted features, software, content, and services collectively, the "Service."

Please read these Terms carefully.

BY CREATING AN ACCOUNT, CHECKING A BOX OR CLICKING A BUTTON INDICATING ACCEPTANCE, USING A FEATURE THAT REQUIRES ACCEPTANCE OF THESE TERMS, PURCHASING A SERVICE, OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THEM.

If you do not agree to these Terms, do not use the Service.

If you use the Service on behalf of a business, accounting practice, advisory firm, law firm, financial institution, or other organization, you represent that you have authority to bind that organization. In that circumstance, "you" includes both you and the organization you represent.

1. Eligibility and Scope

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Service.

SEPP Guard is designed primarily for educational and professional use concerning United States federal tax rules applicable to substantially equal periodic payments under Internal Revenue Code §72(t), commonly referred to as SEPP or 72(t) distributions.

We make no representation that the Service is appropriate for tax systems, retirement arrangements, or laws outside the United States.

2. What SEPP Guard Is

SEPP Guard is calculation, verification, documentation, educational, planning, and monitoring software.

SEPP Guard is not a law firm, accounting firm, tax-return preparer, registered investment adviser, broker-dealer, financial planning firm, custodian, trustee, plan administrator, or governmental agency.

SEPP Guard does not establish a SEPP arrangement for you, make an election with the Internal Revenue Service, direct a distribution, prepare or file your tax return, certify legal or tax compliance, or guarantee any particular tax treatment.

No output constitutes individualized tax, legal, accounting, investment, or financial advice.

3. Legal Disclaimer

The SEPP Guard Legal Disclaimer is incorporated into these Terms by reference.

The Legal Disclaimer contains important information concerning the purpose, operation, assumptions, limitations, and appropriate use of the Service.

You acknowledge that you have been given an opportunity to review the Legal Disclaimer.

If these Terms and the Legal Disclaimer conflict concerning contractual rights, liability, remedies, dispute resolution, or allocation of risk, these Terms control.

4. You Are Responsible for Your Inputs

SEPP Guard calculations depend upon information supplied to the Service.

You are responsible for confirming the accuracy, completeness, currency, and applicability of all information used in a calculation, including account balances, valuation dates, dates of birth, beneficiary information, account information, commencement dates, distribution history, selected methods, selected tables, applicable interest rates, and other relevant facts.

SEPP Guard may identify mathematical discrepancies or apparent inconsistencies. It cannot independently establish that information supplied by you, another person, an uploaded document, a financial institution, or a professional adviser is true, complete, legally sufficient, or appropriate to your circumstances.

Incorrect, incomplete, outdated, or inapplicable information can produce an incorrect or inapplicable result.

5. You Are Responsible for Your Decisions

You remain responsible for determining whether and how to use information produced by the Service.

You should obtain appropriate independent tax, legal, accounting, investment, custodial, or other professional review before establishing, changing, continuing, terminating, or relying upon a SEPP arrangement.

Nothing produced by the Service should be treated as a substitute for professional judgment based upon the complete facts of a particular situation.

6. Calculations, Verification, and Workpapers

SEPP Guard calculations, comparisons, verification results, reports, and workpapers are computational and informational outputs.

Terms such as "verified," "match," "no discrepancy detected," or similar wording mean only that the computational or informational comparison identified by the Service was satisfied.

They do not mean that SEPP Guard has audited, certified, attested to, approved, or guaranteed the underlying arrangement.

No SEPP Guard output is "IRS approved," "IRS certified," "audit proof," "guaranteed compliant," or entitled to governmental approval or a presumption of correctness.

The Internal Revenue Service, a court, a custodian, a plan administrator, or a professional adviser may reach a different conclusion.

7. Deterministic Calculations Are Not a Guarantee

SEPP Guard is designed to perform core tax calculations using deterministic software and identified source data rather than using generative artificial intelligence to invent calculation amounts.

Deterministic software improves reproducibility. It does not make software infallible.

Software may contain defects. Source data may contain errors or later corrections. Legal authorities may change. A calculation methodology may be interpreted differently, and rules applicable to one set of facts may not apply to another.

SEPP Guard does not warrant that any calculation or output is error-free, complete, legally sufficient, or applicable to every circumstance.

8. Professional Users

Certain features are intended for CPAs, EAs, CFP professionals, ChFC professionals, attorneys, registered investment advisers, investment adviser representatives, financial advisers, and other professional users.

If you use professional features, you represent that any credential, license, certification, registration number, issuing authority, expiration date, or professional status you provide is truthful and accurate.

You are responsible for maintaining all licenses, registrations, credentials, qualifications, continuing education, professional standards, insurance, and other requirements applicable to your work.

Collecting professional credential information does not mean SEPP Guard has independently verified, endorsed, certified, or continuously monitored that credential unless the Service expressly states otherwise.

You must promptly update your information if a professional credential expires, is suspended, revoked, restricted, surrendered, or otherwise becomes inaccurate.

9. Professional Attestation

Professional users may be required to execute a separate Professional Attestation before finalizing a workpaper or using specified professional features.

The Professional Attestation supplements these Terms. It does not replace them.

Among other matters, the Professional Attestation may require you to acknowledge that:

SEPP Guard is a computational reference tool;

deterministic calculation is not a substitute for independent professional review;

you will independently reconstruct or validate calculations before presenting them as professional conclusions;

the consequences of an improperly established or modified SEPP arrangement can be significant; and

your professional judgment remains the final control.

Your obligations under the Professional Attestation are personal to your professional use and are not delegated to SEPP Guard.

We may require renewed acceptance if the Professional Attestation changes materially or information concerning your professional status changes.

10. Professional Responsibility

If you use SEPP Guard in connection with services provided to another person, you remain responsible for your professional engagement.

This includes responsibility for confirming client facts and inputs; independently reviewing calculations; evaluating legal and tax applicability; determining suitability; deciding whether and how an output should be used; complying with applicable professional and regulatory standards; obtaining necessary client authorization; protecting client information; and communicating appropriate limitations.

SEPP Guard does not become a party to your professional engagement.

You may not represent that SEPP Guard has certified your work, endorsed your recommendation, assumed responsibility for your advice, or created a professional relationship with your client.

11. No Professional or Fiduciary Relationship

Use of the Service does not create an attorney-client, accountant-client, tax-preparer-client, investment-adviser-client, fiduciary, trustee, custodian, plan-administrator, broker-client, or similar professional relationship between you and Brainstorm Apps or SEPP Guard.

Neither payment for the Service, creation of an account, generation of a report, nor communication concerning operation of the software creates such a relationship.

12. No Government or Third-Party Affiliation

SEPP Guard is not affiliated with, sponsored by, endorsed by, approved by, or acting on behalf of the Internal Revenue Service, United States Department of the Treasury, any financial institution, custodian, broker-dealer, registered investment adviser, accounting firm, law firm, or plan administrator unless an affiliation is expressly identified by us in writing.

A SEPP Guard workpaper is not an instruction to a custodian and does not guarantee that a custodian or other institution will accept or act upon it.

13. Firm Branding and Reports

Professional users may add authorized firm branding to reports or workpapers when permitted by the applicable Service features or subscription.

You may not remove, conceal, alter, or contradict required legal notices, calculation disclosures, methodology information, source information, SEPP Guard attribution, or other mandatory content.

You may not present a branded workpaper in a manner that falsely suggests SEPP Guard has endorsed your firm, reviewed your professional advice, or assumed responsibility for your engagement.

14. Artificial Intelligence and Automated Extraction

Certain features may use artificial intelligence, machine learning, optical or document extraction, classification, summarization, or other automated technology.

Those systems may misunderstand, omit, misclassify, or incorrectly interpret information.

AI-assisted or extracted information must be reviewed before reliance.

Where the Service presents extracted information for confirmation before using it as a calculation input, you are responsible for reviewing and confirming that information accurately.

Generative AI explanations are supplemental and are not authoritative interpretations of law or professional advice.

15. Rules, Tables, Rates, and Other Authorities

SEPP Guard may incorporate or reference statutes, Treasury Regulations, IRS notices, revenue rulings, published interest rates, mortality tables, life-expectancy tables, administrative materials, and other governmental sources.

Such authorities may be amended, corrected, superseded, withdrawn, reinterpreted, or applied differently to particular circumstances.

We may maintain provenance, versioning, monitoring, validation, or other safeguards, but we do not guarantee that every authority reflected in the Service will at all times be current, complete, or applicable to you.

You remain responsible for confirming the governing authority before relying upon a calculation.

16. Projections and Illustrations

Any projected account balance, distribution schedule, investment return, multi-year illustration, future calculation, hypothetical example, or other forward-looking figure is illustrative.

It is not a prediction or guarantee.

Actual investment performance, account activity, distributions, rates, tax circumstances, and governing authorities may differ materially from assumptions used in an illustration.

17. Monitoring and Alerts

Any monitoring, reminders, alerts, notifications, source-change detection, or similar functionality is supplemental.

Alerts may be delayed, incomplete, incorrect, interrupted, or unavailable.

The existence of a monitoring or notification feature does not create an obligation for SEPP Guard to discover every event, account transaction, law change, deadline, distribution, or circumstance that could affect a SEPP arrangement.

You remain responsible for monitoring your own arrangement.

18. Accounts and Security

You are responsible for safeguarding your account credentials and maintaining the security of your account.

You may not share individual credentials unless an applicable feature expressly permits organizational access.

You must promptly notify us if you reasonably believe your account has been compromised or used without authorization.

We may require authentication, identity verification, professional credential verification, or other reasonable security procedures.

19. User Content

You retain your rights in documents, account information, client information, logos, files, and other material you lawfully submit to the Service ("User Content").

You grant Brainstorm Apps a limited, nonexclusive license to host, process, reproduce, transmit, format, analyze, and otherwise use User Content as reasonably necessary to operate, secure, maintain, support, and provide the Service and to comply with applicable law.

You represent that you have authority to provide User Content and authorize its processing.

Professional users are responsible for determining whether they have appropriate authority to provide client information to the Service.

Do not upload information you are not authorized to disclose or process.

20. Data Minimization and Sensitive Information

Do not provide Social Security numbers, complete financial-account credentials, passwords, private authentication information, or other highly sensitive information unless a particular feature expressly requires that information.

You are responsible for exercising reasonable judgment about the information you submit to the Service.

Our handling of personal information is also governed by the Privacy Policy.

21. Records and Retention

The Service may allow you to save cases, calculations, workpapers, reports, histories, or other records.

You should not use SEPP Guard as your sole permanent repository for records that may be necessary to establish, document, defend, or explain a SEPP arrangement.

You are responsible for maintaining appropriate independent copies of account statements, valuations, distribution records, tax forms, calculations, source documents, professional advice, correspondence, and other relevant records.

We do not guarantee indefinite retention of any particular record.

22. License to Use SEPP Guard

Subject to these Terms and any applicable subscription terms, Brainstorm Apps grants you a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to access and use the Service for authorized personal or professional purposes.

Brainstorm Apps and its licensors retain all rights in the Service, including its software, interfaces, designs, templates, graphics, text, database structures, methodologies, compilation, trademarks, logos, and other proprietary material.

You may not reverse engineer, decompile, disassemble, circumvent, scrape, systematically extract, reproduce, sublicense, resell, or create competing software from protected portions of the Service except to the extent a restriction is prohibited by applicable law.

Nothing in these Terms prevents you from retaining or using your own underlying information or lawfully generated workpapers as permitted by these Terms.

23. Acceptable Use

You may not use the Service to:

violate applicable law;

engage in fraud or material misrepresentation;

impersonate another person or professional;

falsify professional credentials;

access another person's account without authorization;

circumvent security measures or access controls;

introduce malware or harmful code;

interfere with or materially burden operation of the Service;

systematically scrape or harvest protected Service data;

upload material you have no authority to use;

misrepresent a SEPP Guard output as governmental certification or approval;

remove required disclosures from an output; or

use the Service for another unlawful or unauthorized purpose.

We may investigate suspected misuse and may suspend or terminate access where reasonably necessary.

24. Third-Party Services

SEPP Guard may link to, integrate with, depend upon, or receive information from third-party services.

Brainstorm Apps does not control those systems and is not responsible for their availability, acts, omissions, security, accuracy, privacy practices, or terms.

A link or integration does not constitute endorsement unless expressly stated.

25. Fees and Paid Services

Certain features may require payment.

The applicable price, billing period, renewal terms, included features, cancellation rights, and other material commercial terms will be disclosed at or before purchase.

You agree to pay charges you authorize.

Unless otherwise stated at purchase or required by applicable law, fees already paid are nonrefundable.

We may change prices prospectively.

26. Modification or Discontinuation of the Service

We may add, modify, replace, suspend, limit, or discontinue features or the Service.

We do not warrant uninterrupted or error-free availability.

Maintenance, defects, cyber incidents, third-party outages, internet failures, governmental actions, or circumstances beyond our reasonable control may interrupt access.

No feature is guaranteed to remain available indefinitely unless a separate written agreement expressly provides otherwise.

27. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL CALCULATIONS, REPORTS, WORKPAPERS, DATA, CONTENT, ALERTS, PROJECTIONS, DOCUMENT EXTRACTIONS, AI-ASSISTED OUTPUTS, AND OTHER MATERIAL ARE PROVIDED "AS IS" AND "AS AVAILABLE."

BRAINSTORM APPS AND SEPP GUARD DISCLAIM ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, ERROR-FREE OPERATION, AND FITNESS OF ANY CALCULATION OR OUTPUT FOR A PARTICULAR TAXPAYER, ACCOUNT, TRANSACTION, PROFESSIONAL ENGAGEMENT, OR PURPOSE, TO THE FULLEST EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.

We do not warrant that the Service will identify every error, discrepancy, legal issue, tax consequence, account event, or regulatory change.

No oral or written information creates a warranty unless expressly included in a written agreement executed by an authorized representative of Brainstorm Apps.

28. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRAINSTORM APPS, SEPP GUARD, AND THEIR MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS, OR ANY OUTPUT.

THIS INCLUDES, TO THE FULLEST EXTENT PERMITTED BY LAW, LOST PROFITS, LOST REVENUE, LOST INVESTMENT RETURNS, INVESTMENT LOSSES, LOST TAX BENEFITS, LOST RETIREMENT BENEFITS, LOST OPPORTUNITIES, LOSS OF DATA, LOSS OF GOODWILL, TAXES, ADDITIONAL TAXES, PENALTIES, INTEREST, PROFESSIONAL FEES, LEGAL FEES, ACCOUNTING FEES, ADVISORY FEES, CUSTODIAL FEES, COSTS OF CORRECTIVE TRANSACTIONS, AND LOSSES ARISING FROM THE ESTABLISHMENT, MODIFICATION, FAILURE, OR DISQUALIFICATION OF A SEPP ARRANGEMENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF BRAINSTORM APPS AND SEPP GUARD ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS, OR ANY CALCULATION, REPORT, WORKPAPER, ALERT, OR OTHER OUTPUT WILL NOT EXCEED THE GREATER OF:

(A) $100; OR

(B) THE TOTAL AMOUNT YOU PAID DIRECTLY TO BRAINSTORM APPS FOR THE SERVICE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply regardless of the asserted theory of liability, including contract, warranty, tort, ordinary negligence, statute, strict liability, or otherwise, and even if we were advised that damages were possible.

Nothing in these Terms excludes or limits liability to the extent applicable law prohibits that exclusion or limitation.

29. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Brainstorm Apps, SEPP Guard, and their members, managers, officers, employees, contractors, affiliates, licensors, and service providers from third-party claims, proceedings, damages, judgments, liabilities, losses, costs, and reasonable attorneys' fees arising out of or relating to:

your unlawful or unauthorized use of the Service;

your material violation of these Terms;

User Content provided without legal authority;

your violation of another person's rights;

your fraud, intentional misconduct, or material misrepresentation; or

your unauthorized removal, alteration, concealment, or misrepresentation of required SEPP Guard disclosures or calculation information.

If you are a Professional User, this provision also applies to third-party claims arising out of or relating to your professional services, advice, recommendations, client engagement, representations to a client or custodian, credential misrepresentation, or failure to perform the independent review required by your Professional Attestation, except to the extent applicable law prohibits indemnification.

We may assume reasonable control of the defense of an indemnified matter. You agree to reasonably cooperate.

You may not settle a matter in a way that imposes liability, admission, payment, or other obligation upon Brainstorm Apps without prior written consent.

30. Informal Dispute Resolution

Before commencing arbitration or litigation, you and Brainstorm Apps agree to attempt in good faith to resolve the dispute informally.

The complaining party must provide written notice that reasonably identifies the claimant, the dispute, the principal facts supporting the claim, and the relief requested.

Notices to Brainstorm Apps may be sent to:

legal@seppguard.com

The parties will have 30 days after receipt of a complete notice to attempt resolution before initiating further proceedings, except where emergency relief is reasonably necessary or applicable law does not permit such a requirement.

31. BINDING INDIVIDUAL ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO HAVE A DISPUTE DECIDED BY A JUDGE OR JURY.

Except for matters expressly excluded below, you and Brainstorm Apps agree that disputes, claims, or controversies arising out of or relating to these Terms, the Service, your account, a calculation, report, workpaper, subscription, or your relationship with Brainstorm Apps will be resolved by final and binding arbitration on an individual basis.

This arbitration agreement is governed by the Federal Arbitration Act.

For individuals using the Service primarily for personal, family, or household purposes, arbitration will be administered by the American Arbitration Association under its then-current Consumer Arbitration Rules and applicable consumer fee schedule.

For Professional Users and other users acting primarily for business or commercial purposes, arbitration will be administered by the American Arbitration Association under the rules applicable to the dispute, including its Commercial Arbitration Rules where applicable.

Unless the parties agree otherwise or applicable rules require otherwise, the matter will be heard by one neutral arbitrator.

The arbitrator may award individual relief available under applicable law, subject to enforceable provisions of these Terms.

Judgment upon the arbitration award may be entered in a court having jurisdiction.

Either party may bring an eligible individual claim in small claims court instead of arbitration.

Nothing in this Section prevents Brainstorm Apps from seeking temporary or preliminary court relief reasonably necessary to prevent unauthorized access, cybersecurity harm, misuse of confidential information, intellectual-property infringement, or similar imminent harm.

32. CLASS, COLLECTIVE, AND REPRESENTATIVE ACTION WAIVER

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BRAINSTORM APPS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, CLASS MEMBER, OR REPRESENTATIVE IN A PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION.

The arbitrator may not consolidate claims of different persons or preside over a class, collective, consolidated, or representative proceeding unless both parties expressly agree in writing after the dispute arises.

This Section does not waive a substantive statutory right or remedy that applicable law makes nonwaivable.

If a court finally determines that a particular claim or requested remedy cannot lawfully be subject to this waiver, that claim or remedy will proceed as required by applicable law without invalidating otherwise enforceable portions of these Terms.

33. Arbitration Opt-Out

You may opt out of Sections 31 and 32 by sending written notice to:

legal@seppguard.com

Your opt-out notice must be received within 30 days after you first accept these Terms and must include your full legal name, the email address associated with your account if applicable, and a clear statement that you are opting out of the arbitration provisions of the SEPP Guard Terms of Use.

Opting out of arbitration does not affect the remaining Terms or your eligibility to use the Service.

34. Texas Law and Court Venue

Except where federal law controls or applicable law provides a nonwaivable rule, these Terms and disputes arising out of or relating to them are governed by Texas law without regard to conflict-of-laws principles.

The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement.

Where a dispute is not subject to arbitration, where arbitration has been validly opted out of, or where judicial proceedings are otherwise permitted, you and Brainstorm Apps consent to exclusive personal jurisdiction and venue in the state courts of competent jurisdiction located in Denton County, Texas, or, where federal subject-matter jurisdiction exists, the appropriate federal court serving Denton County, Texas.

35. Nonwaivable Rights

Nothing in these Terms is intended to waive, disclaim, restrict, or eliminate a substantive right, remedy, warranty, protection, or liability that applicable law does not permit to be waived, disclaimed, restricted, or eliminated.

These Terms do not purport to obtain a waiver of rights under the Texas Deceptive Trade Practices-Consumer Protection Act where such a waiver would be prohibited or ineffective.

The existence of a nonwaivable right does not invalidate other enforceable provisions of these Terms.

36. Suspension and Termination

You may stop using the Service at any time.

We may suspend, restrict, or terminate access where you materially violate these Terms, fail to pay amounts due, misuse the Service, provide materially false professional credentials, create a material security risk, engage in unlawful conduct, or threaten the operation or integrity of the Service.

Where reasonable under the circumstances, we may provide notice or an opportunity to cure.

Termination does not eliminate obligations accrued before termination.

Sections that by their nature should survive termination will survive, including ownership, disclaimers, limitation of liability, indemnification, dispute resolution, and governing-law provisions.

37. Electronic Acceptance and Signatures

You agree that transactions with Brainstorm Apps may be conducted electronically.

When an interface clearly identifies an action as acceptance or signature, your checking a box, clicking an acceptance button, typing your name, or taking another identified affirmative action constitutes your electronic acceptance or electronic signature to the associated record.

We may maintain electronic records of acceptance, including the applicable document version and server-recorded acceptance time.

You are responsible for maintaining an accurate email address associated with your account.

38. Changes to These Terms

We may revise these Terms prospectively.

The effective or updated date shown above identifies the applicable version.

Where a change materially alters dispute resolution, liability allocation, professional obligations, payment obligations, or another material contractual provision, we may require registered users to affirmatively accept the updated Terms before continuing to use affected features.

We will not rely solely on silent continued use to impose materially different contractual terms where affirmative reacceptance is reasonably practicable.

39. Assignment

You may not assign these Terms without our prior written consent.

Brainstorm Apps may assign these Terms in connection with a merger, acquisition, financing, corporate reorganization, sale or transfer of the Service or relevant assets, or transfer to an affiliate or successor.

40. No Third-Party Beneficiaries

Except for persons expressly protected by the limitation-of-liability or indemnification provisions, these Terms are for the benefit of you and Brainstorm Apps.

No client, beneficiary, custodian, financial institution, plan administrator, professional adviser, report recipient, or other person becomes a third-party beneficiary merely because the person receives, reviews, or relies upon a SEPP Guard output.

41. Severability

If a provision of these Terms is determined to be unlawful, invalid, or unenforceable, it will be enforced to the maximum extent permitted by law or severed where appropriate, and the remaining provisions will remain in effect except where applicable law requires otherwise.

42. No Waiver

Failure to enforce a provision on one occasion does not waive the right to enforce it later.

A waiver is effective only if made in writing by the party granting it.

43. Entire Agreement and Order of Precedence

These Terms, the Legal Disclaimer, Privacy Policy, applicable purchase terms, and, for Professional Users, the Professional Attestation constitute the applicable agreement and disclosures concerning use of the Service.

If provisions conflict:

specific written purchase terms govern commercial matters they expressly address;

the Professional Attestation governs the additional professional responsibilities it expressly imposes;

the Privacy Policy governs treatment of personal information;

the Legal Disclaimer provides supplemental notices concerning the nature and limitations of the Service; and

these Terms govern general contractual rights, remedies, allocation of risk, acceptable use, liability, and dispute resolution.

44. Force Majeure

Brainstorm Apps is not responsible for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, severe weather, governmental actions, war, civil unrest, power failures, telecommunications failures, internet disruptions, cloud-provider failures, widespread infrastructure failures, cyberattacks, or similar events, except where applicable law requires otherwise.

45. Contact

Questions concerning these Terms or legal notices to Brainstorm Apps may be sent to:

legal@seppguard.com

SEPP Guard is a product of Brainstorm Apps, LLC, a Texas limited liability company.

Formal legal process should be served in accordance with applicable law upon the registered agent of Brainstorm Apps, LLC, a Texas limited liability company reflected in the records of the Texas Secretary of State.