FinFyle LLC and its parents, subsidiaries, affiliates, and/or related companies which are referred to in these provisions as “BOIFox,” “we,” “our,” “us,” or similar terms as context permits) provides a website (the “Website”) that electronically transmits beneficial ownership information to the Financial Crimes Enforcement Network, a bureau of the U.S. Department of the Treasury (“FinCEN”) for customers (“Services”). We are not a government entity or agency and do not represent or act on behalf of FinCEN or any government entity or agency. If you are an individual acting on behalf of a company or entity, you accept these terms and provisions on behalf of such company or entity, authorize us to provide the Services, and the term “you” will refer to you and such company or entity.

1. Agreement to Terms

You acknowledge and agree to these terms of service as well as our privacy policy (which is incorporated herein by reference), as may be amended or updated from time to time (this “Agreement”) by accessing and/or using the Website (www.boifox.com and pages derived therefrom) or the Services. You acknowledge and agree that you have attained the age of at least 18 years, have legal and mental capacity to enter into this Agreement, and that any legal requirements for a written disclosure or agreement will be deemed satisfied through this Agreement provided to you electronically.

The Website and Services are not intended to, and do not create, any accountant or attorney-client relationship, and your use of our Website and Services does not and will not create an accountant or attorney-client relationship between you and us. Instead, you are and will be representing and acting on behalf of yourself in any matter. We are not a law firm or accounting firm. The information on the Website is for informational purposes only. The content of the Website and Services is not legal advice and has not been evaluated for accuracy, completeness, or changes in the law.

2. Services

We provide certain Services on or through the Website. These Services are not, and should not be construed as, legal, investment, credit repair, debt management, tax/retirement planning, or financial advice and they are not intended to serve as tax preparation services. You agree that we are not acting as your agent or fiduciary in connection with your use of the Website or any Services.

If you choose to use our Services, we may offer you the ability to enter, import and/or upload certain information for your use in preparing your applicable forms or filings, including information from third parties. You are responsible for the accuracy and completeness of any information you enter, use or import into the Website or through use of the Services and agree that the information you enter into the Website will be truthful, complete, accurate and not fraudulent. You understand and agree that we may discontinue offering any Services at any time without notice, and that the Services are provided on a strictly “as-is” basis, with no warranties or guarantees provided.

You understand that we may provide you with Services regarding the transmission of beneficial ownership information report data under the Corporate Transparency Act (“BOI Form”). You agree that you are solely responsible for the accuracy and completeness of the information that you input into the Website or use in the Services, that you are considered the filer of the BOI Form, that we enable you to enter data into the Website for us to electronically transmit to FinCEN for you, that we are not responsible for verifying the accuracy of the information that you input, and that we will not attempt to verify such accuracy or otherwise check the inputted data for mistakes, typos or other reasons. You also acknowledge and agree that you are solely responsible for complying with all laws, regulations, and instructions regarding the Corporate Transparency Act and BOI Form, including any record keeping requirements and the timely filing of your beneficial ownership information report with FinCEN. When you submit a BOI Form with us, you agree and certify that you are authorized to file the BOI Form on behalf of the reporting company and further certify, on behalf of the reporting company, that the information contained in the BOI Form is true, correct, and complete.

After you enter information into the Website, use the Services and/or submit your BOI Form, we may delete or otherwise not retain or store some or all of your data or information (including but not limited to information about the reporting company, company applicants or beneficial owners), and you understand, acknowledge and agree that we may not be able to provide you with such information that was inputted into the Website or submitted to FinCEN or a transcript of the data that was inputted or submitted. We may offer you the option to save or print such information prior to the BOI Form filing and prior to our deletion. We may provide you with a FinCEN BOIR ID, confirmation number or other number or filing status we receive from FinCEN. You agree that you are solely responsible for retaining records or other confirmations of the information or data that you provide or enter into the Website and that is ultimately submitted to FinCEN, including detailed information about the reporting company, company applicants or beneficial owners.

You further agree and acknowledge that failure to comply with the BOI Form filing requirements, including submission of late, incomplete, inaccurate or fraudulent BOI Forms, may result in civil and/or criminal penalties. You agree and acknowledge that we are not, and shall not be, liable for any such penalties or legal consequences resulting from your use of the Website or Services, and that the Website and Services are provided for your use only and cannot be used or provided to others, whether on a commercial or non-commercial basis. While the Website and Services may provide limited guidance, prompts and tips as to information to be entered into the Website, you are solely responsible for the interpretation of any law or regulation and the substance of the information you enter. You are solely responsible for ensuring that you file any initial, updated or corrected beneficial ownership information report and comply with your obligations under the Corporate Transparency Act. We will not review or monitor your entity, beneficial owners or company applicants or any information related thereto for purposes of determining whether any previously submitted information requires you to file an updated or corrected report. Any reminders that we may post or otherwise send to you are general in nature and are not intended to apply to your specific facts or circumstances.

We may provide the Website and Services which enable BOI Form submission only for limited classes of reporting companies and which accommodates only limited information. For example, you acknowledge and agree that the Website and Services may not allow for inputting information or data related to exempt entities, FinCEN identifiers (applications, requests or corrected or updated filings), Tribal information, reporting more than ten beneficial owners, reporting more than five alternate names, trade names or d/b/as, and that if these or any other limitations we implement in the future apply to you, you should not use our Website or Services, we will not be responsible for any inaccuracies or your failures to comply with applicable law as a result of your using the Website or Services, and that we are not liable to you or any third party as a result of the limited nature of the Services or Website. You agree and acknowledge that you are solely responsible for complying with applicable laws and regulations despite the fact that the Website or Services may not accommodate your needs and may offer limited services, and you are responsible for determining if the limited Services we offer are sufficient for your purposes.  

If a BOI Form is submitted or transmitted to FinCEN electronically with our assistance, the BOI Form and its data may be altered and standardized in a format suitable to be transmitted to FinCEN. You are responsible to ensure the accuracy of the information you enter into the Website. We may use, retain or store information that you provide for the purpose of completing and transmitting the BOI Form. By using the Website and Services, you consent to our disclosure to FinCEN and any applicable governmental authority or other party as required by law of all information you enter into the Website or relating to your access and use of the Website and Services. If you file a BOI Form on behalf of a company or entity, you agree that you are an authorized representative of the company or entity and are legally authorized to provide and disclose the information about the reporting company, company applicants and beneficial owners and to file the BOI Form on behalf of the company or entity.

3. Personal Information

You agree that we may use and maintain your personal information in accordance with this Agreement.

If you input personal information about entities or individuals for the purpose of using the Website or Services, you represent and warrant that you have complied with all applicable laws and received the proper authority or consent to disclose such information and allow us to collect and process such information.  You agree that we are not liable to you or any third party for any disclosure of information pertaining to an entity or individual and you agree to indemnify us for any liabilities related to the improper or unauthorized disclosure or transmission of information to any person. You acknowledge and agree to our using and sharing information, including with our third-party processors, as more fully outlined herein and in our Privacy Policy.

4. Changes

We may modify the provisions of this Agreement at any time by updating the Agreement on the Website or by other means. We may terminate or change the Website or Services at any time. You agree that we are not liable to you or any third party for any termination, modification, suspension or discontinuance of the Website or the Services.

5. Use of the Website

You are only permitted to use our Website and Services for your own lawful and non-commercial purposes or as otherwise permitted under this Agreement.

If you suspect that your account information has been lost or stolen, or that someone is using your information or the Website without your permission, you must notify us immediately. You are responsible for protecting your information (for example, through anti-virus software, updating your software, password protecting your files and not permitting third party physical or electronic access to your computer or files) and must notify us if you become aware of any unauthorized access to your information.

6. Payment and Cancellation

We may require payment of a fee for the Services and you agree to pay such fee. We do not provide refunds or credits. Payments will be billed in U.S. dollars, and you will be charged upon purchase and when you provide your payment information. Pricing for the Services is determined based on the time when you pay to use the Services and all prices are subject to change without notice.

7. Data

With regard to any data you input into the Website, you hereby grant us a worldwide, non-exclusive, royalty-free license to use such data for the purpose of operating the Website, providing the Services and for our marketing and promotional purposes. We may collect, derive or generate de-identified and/or aggregated data regarding your usage of the Services and Website, including data derived therefrom. We will own all such data and may use this data without restriction. We retain all right, title or interest in and to the Website, except for the rights granted to you. You may provide us with your feedback, suggestions or ideas for the Website or Services. You grant us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty-free license to use your feedback, suggestions and ideas in any way, including in future modifications of the Website or Services, other products or services, advertising or marketing materials.

8. Prohibited Uses

You may not use the Website or Services to violate any law, post or share content that is or may be illegal or inappropriate, including material that may be defamatory, obscene, harassing, offensive, fraudulent, objectionable or infringing, transmit any virus, trojan horse or other disruptive or harmful software or data, send any unsolicited or unauthorized advertising, such as spam, impersonate or misrepresent your affiliation with us, resell, license or provide free or unauthorized access to the Website or Services or make the Website or Services available on any file-sharing, virtual desktop or application hosting service, reverse engineer in any way any of the Website or Services, engage in unauthorized access, monitoring, interference with or use of the Website or Services or third party accounts, information (including personal information), computers, systems or networks, including scraping or downloading content that doesn’t belong to you, use the Website or Services for general archiving or back-up purposes or encourage or enable any other individual to do any of the above or otherwise violate this Agreement.  We may terminate your use of the Website or Services if you infringe upon our intellectual property rights of those of another or if we believe that your activities are objectionable or if you engage in any of the prohibited uses described above.

9. Termination and Survival

We may suspend or terminate your use of the Website or Services at any time. This Agreement is effective until we terminate this Agreement. We may terminate this Agreement or suspend the Website or Services at any time at our discretion. You must stop using the Website and Services once we terminate or suspend your use thereof. No termination will affect your obligation to pay all fees due or that may have accrued through the effective date of expiration or termination.

The provisions of this Agreement will survive any termination, discontinuation or cancellation of the use of the Website or Services or your account to the maximum extent permitted by applicable law, including but not limited to the following Sections: “Personal Information,” “Payment and Cancellation” (with respect to fees due and unpaid), “Data,” “Termination and Survival,” “Prohibited Uses,” “Disclaimers,” “Limitation of Liability,” “Indemnity Obligations,” “Disputes” and “Miscellaneous.”

10. Disclaimers

We do not make any warranties about the Services or Website except as expressly stated in this Agreement. The Website and Services are otherwise provided “as-is,” and we do not make any other warranties about the Services or Website. Unless required by law, we do not provide implied warranties, such as the implied warranties of merchantability, fitness for a particular purpose, data loss, merchantability or non-infringement, or any warranties with respect to the accuracy, reliability or availability of any content or data, or information made available in the Website or through the Services. If the exclusions for implied warranties do not apply to you, any implied warranties are limited to sixty (60) days from the date of purchase or delivery of the Website or Services, whichever is sooner. We do not warrant that the contents or any information received through the Website or Services is accurate, reliable or correct; that the Website or Services will be available at any particular time or location; that any defects or errors will be corrected; or that the contents or any information received through the Website or Services are free of viruses or other destructive or harmful components. Your use of the Website and Services is solely at your own risk. You expressly agree that you have relied on no warranties, representations or statements other than in this Agreement. Because some jurisdictions do not permit the exclusion of certain warranties, the exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.

11. Limitation of Liability

Under no circumstances shall we be liable for any damages, including, without limitation, direct, indirect, punitive, incidental, special, indirect or consequential damages or lost profits that result from, or arise out of or in connection with the use of, or inability to use the Website or Services, the information contained on or received through use of the Website or Services, inability to file a form or transmit information to any party or entity, delay in preparing a form, incorrect or incomplete information provided to us or any other party or entity, any access to, or use of, your password and user id by an unauthorized person, any legal or tax positions taken by you, loss of data, profits, revenues, business opportunities, goodwill or anticipated savings, or any services (including the Services) or products received through the Website or Services. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the maximum extent permitted by the law of your jurisdiction. This Agreement sets forth your exclusive remedy with respect to the Website or Services and its use. You understand that we will not review or otherwise verify any information you provide and we are not responsible for rejected filings, penalties or interest. We shall not be liable for any default or delay in the performance of our obligations under this Agreement to the extent our performance is delayed or prevented due to causes beyond our reasonable control, such as acts of God, natural disasters, cyber attacks, hacking or data breaches, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures or governmental action.

12. Indemnity Obligations

You agree to indemnify and hold harmless FinFyle LLC, its parents, affiliates and subsidiaries, and all of their respective directors, officers, managers, employees, representatives, sales associates, proprietors, partners, shareholders, principals, agents, predecessors, successors and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of the Website or the Services, any breach by you of this Agreement, your negligent or intentional acts, errors or omissions in regard to the subject matter of this Agreement, or your failure to comply with applicable laws in your use of the Website or Services. We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any claims. You agree to reasonably cooperate as requested by us in the defense of any claims.

13. Disputes

In the case of a dispute, any such disputes shall be handled on an individual basis rather than as a class action and you are waiving the right to a trial by jury.

14. Miscellaneous

a. Governing Law    

This Agreement and any disputes hereunder are governed by the laws of the state of Florida. Florida law and the Federal Arbitration Act will govern all disputes arising out of or relating to the Website, this Agreement and provision of Services, regardless of conflict of laws rules.

b. Waiver

Our failure to act or enforce any of our rights do not constitute a waiver of any of our rights. Any waiver by us of any of the provisions in the Agreement must be made in writing and signed by a duly authorized officer.

c. Assignment  

We may assign this Agreement to any party at any time without notice. You may not assign your rights under this Agreement, by operation of law or otherwise, without our consent which may be withheld for any reason in our sole discretion. Any attempts to do so without our consent will be void.

d. Severability

If any provision of this Agreement is unlawful, void or unenforceable for any reason, then that provision will be severed and the remaining provisions will remain in full force and effect.

e. Copyright and Trademarks

All rights reserved. The information, material and images contained on the Website is protected by copyright and intellectual property laws and are owned by Finfyle LLC. No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The trademarks, service marks and logos used and displayed on the Website are registered and unregistered trademarks of FinFyle LLC. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark or other intellectual property displayed on or associated with the Website.

f. Restrictions      

You are permitted to use the Website or Services under United States laws and laws of other applicable jurisdiction; however, the Website shall not be exported to countries that are subject to an embargo of the U.S. government. You agree that you and anyone who uses the Website or Services are not prohibited from doing so under the laws and regulations of the U.S. or other applicable jurisdiction.

15. Privacy Policy

Please refer to our privacy policy which is incorporated herein by reference about how we collect, use and otherwise process information that we receive through the Website and through providing Services.

We collect information when you request information, register for updates, or otherwise enter data into the Website or otherwise utilize our Services. This may include, but is not limited to, name, title, residential or business address, company name, date of birth, tax identification number or other identifying number, billing and mailing addresses, phone number, email address, uploaded copy and image of driver’s license, passport or similar identifying documentation (and the information on such image), username, password and account credentials, credit card or bank account information, IP address, domain, date, time and location data, chat history, operating software, devise usage, cookies, other browsing data and history, device data.

You agree that we may use your information in operating the Website and providing the Services directly and through our service providers, for marketing or promotional purposes for or related to the Services or any other services or products offered currently or to be offered by us now or in the future, and as otherwise required or permitted by law or a court or other governmental authority or agency. We do not sell your information to third parties. By providing information to us through the Website or other means or utilizing our Services, you consent to receiving communications from us via email, text, mail, or otherwise, including filing confirmations, filing status, updates, newsletters, email or other marketing communications.

By using our Services or otherwise entering information into the Website, you hereby consent to the receipt of a newsletter and/or other similar communications through the email or other contact information you provide to us. The aim of such a newsletter or other communications is to keep you informed of our Services and any other products or services currently offered or to be offered in the future, and other marketing-related purposes. The receipt of such a newsletter or other communications is not mandatory and you may choose to opt-out of the receipt of the same at any time. You consent to receive such a newsletter and/or other communications will not result in the sharing of your personal information with any other third-party. We reserve the right to change, modify, or discontinue such a newsletter and/or other communication at any time, without notice to you. All such newsletters and/or other communications shall be subject to these Terms of Service.

Updated October 9, 2024

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