Terms of service

The agreement

These terms are between you and Failsafe Digital, a web and digital compliance studio for healthcare. By using this website, you agree to them. If you do not agree, please do not use the site.

These terms cover the website. They do not, on their own, engage us to do any work. Client work is governed by a separate signed agreement, described below.

Use of this site

You may read this site, share it, and quote it with attribution. You may not:

• Break into it, probe it, scrape it at a volume that degrades it, or attempt to interfere with anyone else’s use of it.
• Use it to send us anything unlawful, or anything that infringes someone else’s rights.
• Submit protected health information or patient records through our forms. Our forms are not a covered channel and we do not want that data here. See our privacy policy.
• Misrepresent who you are, or submit a website you have no authority over for an audit.

We may suspend access to the site, or decline to work with someone, at our discretion.

The client portal

Clients access their audits, documents, compliance reports, team, and billing through a separate application at portal.failsafedigital.com. Using the portal means:

• Your account is yours to guard. Keep your sign-in secure and do not share it. You are responsible for what the people you invite to your account do inside it.
• Acceptable use.The limits in “Use of this site” above apply here too: do not break into the portal, probe it, or use it to store or transmit anything unlawful, and do not upload protected health information except through a channel we have set up for it under a signed Business Associate Agreement.
• The signed agreements govern the work. Your paid relationship with us, the audit, the Managed Plan, and its Compliance Shield subscription, is governed by the documents you sign in the portal: the statement of work, the Business Associate Agreement, and the Compliance Shield Service Agreement. The portal is where you access and sign them; it does not replace them. Where those agreements conflict with this page, they win.

What the portal collects, and how it is protected, is described in our privacy policy.

The free liability audit

The audit is exactly what we say it is: we review a site you own or control, and we write down what we find. It is provided free of charge and as a courtesy.

• It is a point-in-time technical review, not a legal opinion. We are engineers. Nothing in an audit is legal advice, and it does not substitute for your own counsel or your own HIPAA risk analysis.
• It is not exhaustive. Finding nothing does not prove there is nothing. It means we did not find it in the scope we reviewed.
• It certifies nothing. An audit does not make a practice compliant, and we will never tell you that it does.
• You must have the right to request it. By submitting a site, you confirm you own it or are authorized to have it reviewed.

Engagements, plans, and pricing

The prices shown on this site are the standard plan. They tell you what most practices pay before you ever call us. They are not an offer, they are not a binding quote, and they do not form a contract. A larger or more complex site is priced higher, and we tell you the number before you sign.

An engagement begins when both sides sign a statement of work. That document, together with the Compliance Shield Service Agreement and any Business Associate Agreement, is what governs the work: the scope, the setup fee, the monthly subscription, the term, who owns what, and what happens if either side wants out. Where a signed engagement document conflicts with this page, the signed document wins.

What we need from you

Compliance work is a partnership, and part of it is yours. If we are engaged, you agree to give us accurate information, reasonable access to the systems we are asked to work on, and timely decisions. You remain responsible for the HIPAA program of your practice: your policies, your workforce training, your risk analysis, and the systems we did not build.

Intellectual property

This site, its copy, its design, its code, the Failsafe name, and the Failsafe mark belong to us. Reading the site does not transfer any of it to you. You may quote short passages with attribution and a link. You may not copy the site wholesale, reuse the design system, or present our writing as your own.

For client work, ownership of deliverables is set in the signed engagement document. Our normal position is that you own the site we build for you on payment of the setup fee, and we keep ownership of our underlying tooling, libraries, and methods, licensed to you for as long as you use the site. The signed document controls.

Feedback you send us about the site or our work, we can use, freely and without owing you anything for it.

Third-party services and links

This site links to other sites, and our builds run on platforms we do not own: hosts, form processors, analytics providers, and HIPAA-covered platforms that hold patient data. We choose them carefully and, where they can touch protected health information, we require a Business Associate Agreement. We do not control them, we do not warrant them, and their own terms govern their services.

Disclaimers

This is the part that matters most, so we are going to write it in plain English before the lawyers rewrite it in theirs.

• We are not a law firm. Nothing on this site, in an audit, or in a conversation with us is legal advice. We will tell you when to loop in counsel, and we mean it.
• A website cannot make a practice HIPAA compliant.We make your website and its patient-data flows compliant, and we sign the BAA that covers them. Your broader HIPAA program stays yours. Anyone who tells you a website purchase makes you “100% compliant” is selling you something we would not.
• No guarantee of outcomes. We do not guarantee search rankings, AI visibility, lead volume, revenue, or that you will never face a complaint, an investigation, or a breach. Our track record is a record, not a promise about your future.
• The site is provided as is. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that this site will be uninterrupted or error free.
• Figures on this site are cited, not certified. The enforcement, breach-cost, and AI-search numbers we publish come from third parties. They move. We show our work on the sources page.

Limitation of liability

To the fullest extent permitted by law, Failsafe Digital is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising out of or related to this website, even if we were told such damages were possible.

Our total liability arising out of or related to this website is limited to the greater of one hundred US dollars ($100) or the amounts you paid us in the twelve months before the claim arose. Liability arising out of a paid engagement is governed exclusively by the signed engagement document for that engagement, and not by this page.

Some jurisdictions do not allow certain limitations. Where that is so, the limitations above apply only to the extent permitted, and nothing here limits liability for fraud, willful misconduct, or anything else that cannot be limited by law.

Indemnity

You agree to indemnify us against claims arising from your misuse of this site, your breach of these terms, or your submission of content you had no right to submit, including protected health information sent through a channel we told you not to use.

Termination

We may suspend or end your access to this site at any time, for any reason, including a breach of these terms. The sections that should survive termination do: intellectual property, disclaimers, limitation of liability, indemnity, and governing law.

Governing law and venue

These terms are governed by the laws of the State of Alabama, USA, without regard to its conflict-of-laws rules. Any dispute will be brought exclusively in the state or federal courts located in Baldwin County, Alabama, and both sides consent to that jurisdiction.

Disputes go to court, not arbitration. We would rather be accountable in public than in a private forum you cannot appeal from.

Both sides waive the right to a jury trial on any dispute arising out of this website or these terms, to the fullest extent the law allows. Any claim must be brought within one year of when it arose, or it is waived.

The rest of it

• Severability. If a court finds any part of these terms unenforceable, that part is narrowed only as far as necessary, and everything else stays in force. One struck clause does not take the rest of the page with it.
• No waiver. If we do not enforce something once, we have not given up the right to enforce it later.
• Entire agreement. These terms are the whole agreement between you and us about this website. They do not replace, and are not part of, any signed engagement document. Where a signed document conflicts with this page, the signed document wins.
• Assignment. You may not assign these terms. We may, to a successor of the business, and this page travels with it.
• No third-party beneficiaries. These terms give rights to you and to us, and to nobody else.
• Electronic communications. Writing to us, or filling in a form, counts as a writing. So does our reply.

Changes to these terms

We may update these terms. When we do, we will change the revision date at the top of the page, and if the change is significant we will say so plainly. Continuing to use the site after a change means you accept the updated terms.

Contact

Questions about these terms, or about an engagement:

hello@failsafedigital.com

The legal entity name and an address for formal notices will be added here with the reviewed version.