Terms & Conditions

Effective Date: April 22, 2026

These Website Terms of Use (the "Terms") govern your access to and use of the public website located at fidaris.ai and any related subdomains, pages, and content owned or operated by 262, Inc., a Delaware corporation doing business as "Fidaris" ("Fidaris," "we," "us," or "our") (collectively, the "Site").

PLEASE READ THESE TERMS CAREFULLY. By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, do not access or use the Site.

IMPORTANT NOTICE: These Terms contain a binding arbitration agreement and class-action waiver (Section 20) that affect your legal rights. Please review them carefully.

Paid services. These Terms govern your use of the public Site only. Access to Fidaris's paid software-as-a-service offerings, including any environment in which protected health information (PHI), employee benefits data, or similar confidential data is processed, is governed by a separate Master Services Agreement ("MSA"), Business Associate Agreement ("BAA"), and applicable Order Form executed between Fidaris and the customer. Nothing on the Site, and nothing in these Terms, creates a customer, subscriber, fiduciary, or business-associate relationship with Fidaris until and unless such agreements are fully executed.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Site, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you are accessing the Site on behalf of a company, organization, or other legal entity, you represent and warrant that (a) you are authorized to bind that entity to these Terms and (b) "you" and "your" refer to both you individually and that entity.

Fidaris may modify these Terms in accordance with Section 17. Your continued use of the Site after any such modification constitutes your acceptance of the updated Terms.

2. About Fidaris

Fidaris is a fiduciary intelligence platform for employer-sponsored health benefits. Our public Site provides informational content about Fidaris, our products, our team, careers, and similar topics. The Site is intended as a business-to-business resource for employers, plan sponsors, employee benefits brokers and consultants, third-party administrators (TPAs), and other professionals in the health benefits ecosystem.

No medical advice. Content on the Site is provided for general informational purposes only and does not constitute medical, legal, tax, ERISA, fiduciary, investment, actuarial, or other professional advice. See Section 12.

3. Eligibility

You must be at least 18 years old and capable of forming a legally binding contract to access or use the Site. The Site is not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13 through the Site.

You represent and warrant that your access to and use of the Site (a) is not prohibited by applicable law and (b) does not violate any agreement to which you are a party.

4. License to Use the Site

Subject to your continuing compliance with these Terms, Fidaris grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Site for your internal business or personal informational purposes.

All other rights are reserved. This license does not grant you any right to (a) reproduce, modify, distribute, publicly perform, publicly display, create derivative works of, or otherwise exploit the Site or its contents except as expressly permitted; (b) use the Site for the benefit of any third party or in any commercial service bureau, time-share, or similar arrangement; or (c) remove any copyright, trademark, or other proprietary notices.

5. User Submissions

The Site may allow you to submit information through contact forms, demo requests, newsletter sign-ups, careers applications, or similar interfaces ("Submissions"). You represent and warrant that (a) you have the right to submit the Submission, (b) the Submission is accurate and not misleading, and (c) the Submission does not violate these Terms or any applicable law.

By making a Submission, you grant Fidaris a worldwide, royalty-free, non-exclusive, perpetual, sublicensable license to use, reproduce, modify, and otherwise process the Submission for the purpose of responding to your inquiry, operating and improving the Site, and otherwise conducting our business, subject to our Privacy Policy.

No protected health information. Do not submit protected health information (PHI), as defined under 45 C.F.R. § 160.103, or any individually identifiable health information of a third party through any public Site interface. The Site is not a HIPAA-regulated environment. PHI is handled exclusively within Fidaris's paid service environments under a fully executed MSA and BAA. See Section 7.

6. Paid Services Require a Separate Agreement

Any commercial use of Fidaris's platform, including access to production environments, APIs, data integrations, or any service that processes employee benefits data or PHI, requires (a) a signed Master Services Agreement, (b) a signed Business Associate Agreement where Fidaris acts as a business associate of a covered entity or as a subcontractor of a business associate, and (c) an executed Order Form specifying the subscription term, fees, and scope.

Nothing on the Site, including any pricing page, product description, demo request confirmation, marketing statement, or email correspondence, constitutes an offer capable of acceptance by you, a contract, a warranty, or a commitment by Fidaris to provide services. Services are provided only under the written agreements referenced above.

No self-service sign-up. Fidaris does not currently offer clickwrap self-service sign-up for paid services. All paid customer relationships are established through signed written agreements.

7. No PHI Through the Site; HIPAA Notice

Fidaris is a business associate, not a covered entity, under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (collectively, "HIPAA"). Fidaris handles PHI only on behalf of covered entities (or business associates for whom Fidaris is a subcontractor) under the terms of an executed BAA.

The public Site is not designed to receive, store, or transmit PHI. Any PHI you inadvertently submit through a Site interface may be (a) logged by our hosting, analytics, or customer-support providers in environments that are not covered by a BAA, and (b) deleted by us. You should not send PHI via unsecured email, contact forms, chat widgets, or any other channel not specifically designated by Fidaris for PHI.

If you believe PHI has been submitted through the Site in error, please contact us at security@fidaris.ai so we can assist with secure handling.

8. Intellectual Property

The Site and all content, features, and functionality on it, including text, graphics, logos, icons, images, audio, video, data compilations, software, and the selection and arrangement thereof (collectively, the "Fidaris Content"), are owned by Fidaris, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Except for the limited license expressly granted in Section 4, no right, title, or interest in or to any Fidaris Content is transferred to you. All rights not expressly granted are reserved by Fidaris.

Feedback. If you provide suggestions, ideas, improvements, or other feedback regarding the Site or Fidaris's products ("Feedback"), you grant Fidaris a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, transferable license to use, reproduce, modify, and exploit the Feedback for any purpose, without obligation or compensation to you.

9. Trademarks

"Fidaris," the Fidaris logo, and other Fidaris names, logos, product and service names, designs, and slogans are trademarks of 262, Inc. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

10. Third-Party Links and Services

The Site may contain links to third-party websites, resources, or services ("Third-Party Services"). Such links are provided for convenience only. Fidaris does not control, endorse, or assume responsibility for any Third-Party Services. Your use of any Third-Party Service is at your own risk and subject to that third party's terms and privacy practices.

11. Prohibited Conduct

You agree not to, and not to permit any third party to, do any of the following:

  • Use the Site in any manner that violates applicable law, regulation, or these Terms;

  • Submit protected health information or other regulated data through any public Site interface, or use the Site in any way that would cause Fidaris to violate HIPAA, GLBA, ERISA, CCPA/CPRA, or any other applicable law;

  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity;

  • Interfere with, disrupt, probe, scan, or test the vulnerability of the Site or any Fidaris systems, including by introducing viruses, worms, or other malicious code;

  • Attempt to gain unauthorized access to the Site, any account, or any server, system, or network connected to the Site;

  • Use any robot, spider, scraper, crawler, or other automated means to access, copy, or index the Site, or to collect or harvest information from the Site, except as expressly permitted by Fidaris's robots.txt and these Terms;

  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, model weights, prompts, or underlying structure of the Site or any Fidaris product;

  • Use the Site or any Fidaris Content to develop, train, fine-tune, or improve any machine-learning model, large language model, or competing product or service;

  • Frame or mirror any portion of the Site, or otherwise reproduce the Site's look and feel;

  • Encourage or enable any other person to do any of the foregoing.

12. No Professional Advice; No Fiduciary Relationship

Content on the Site, including any written material, data, benchmarks, calculators, or AI-generated output, is provided for general informational and marketing purposes only and does not constitute legal, tax, accounting, actuarial, medical, ERISA, fiduciary, investment, or other professional advice.

Fidaris's use of the term "fiduciary intelligence" refers to software-enabled analytics that support the decision-making of fiduciaries under ERISA and other laws. Neither your access to the Site, nor any content on it, creates an ERISA fiduciary relationship, an attorney-client relationship, an agency relationship, or any other professional or advisory relationship between you and Fidaris. You should consult your own qualified advisors before acting on any information on the Site.

13. Disclaimers of Warranties

THE SITE AND ALL CONTENT, MATERIALS, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIDARIS AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the foregoing, Fidaris does not warrant that the Site will be uninterrupted, secure, or error-free; that defects will be corrected; that the Site or the servers on which it is hosted are free of viruses or other harmful components; or that the Site or any Fidaris Content is accurate, complete, reliable, current, or suitable for your needs. Any reliance you place on the Site is strictly at your own risk.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, the foregoing disclaimers apply to the fullest extent permitted by law.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FIDARIS, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FIDARIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF FIDARIS AND ITS AFFILIATES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE EXCEED ONE HUNDRED U.S. DOLLARS (US$100).

The limitations in this Section 14 apply even if any remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

15. Indemnification

You agree to defend, indemnify, and hold harmless Fidaris, its affiliates, and their respective directors, officers, employees, agents, and licensors from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your access to or use of the Site, (b) your Submissions, (c) your violation of these Terms, or (d) your violation of any law or any right of any third party.

Fidaris reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with Fidaris in asserting any available defenses.

16. DMCA / Copyright Policy

Fidaris respects the intellectual property rights of others and expects users to do the same. If you believe that material on the Site infringes your copyright, please send a written notice to our designated agent that includes the information required under the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)):

  • Identification of the copyrighted work claimed to have been infringed;

  • Identification of the allegedly infringing material and its location on the Site;

  • Your contact information (name, address, telephone, email);

  • A statement that you have a good-faith belief that the use is not authorized;

  • A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner; and

  • Your physical or electronic signature.

Send DMCA notices to: security@fidaris.ai (subject line: "DMCA Notice").

17. Modifications to the Terms and the Site

Fidaris may modify these Terms at any time by posting the revised Terms on the Site and updating the "Effective Date" above. Material changes will be indicated by reasonable means, which may include a notice on the Site. Your continued access to or use of the Site after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site.

Fidaris may modify, suspend, or discontinue the Site, in whole or in part, at any time, with or without notice, and will not be liable to you or any third party for doing so.

18. Termination and Suspension

Fidaris may, at its sole discretion and without notice or liability, suspend or terminate your access to the Site for any reason, including if Fidaris believes that you have violated these Terms or applicable law.

Upon termination, all rights granted to you under these Terms will immediately cease. Sections 5, 8–16, and 19–21 will survive termination.

19. Governing Law; Venue

These Terms and any dispute arising out of or relating to them or your use of the Site (a "Dispute") are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to Section 20, any Dispute not subject to arbitration will be resolved exclusively in the state or federal courts located in Wilmington, Delaware, and each party irrevocably consents to the personal jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

20. Arbitration Agreement; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH FIDARIS AND LIMITS THE WAYS IN WHICH YOU CAN SEEK RELIEF.

20.1 Informal Resolution

Before filing a claim against Fidaris, you agree to first contact Fidaris at security@fidaris.ai and attempt in good faith to resolve the Dispute informally for at least sixty (60) days.

20.2 Binding Arbitration

If the Dispute cannot be resolved informally, you and Fidaris agree that any Dispute will be resolved exclusively by final and binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures then in effect (or, if the Dispute is a consumer dispute, JAMS' Consumer Minimum Standards).

The arbitration will be conducted by a single neutral arbitrator, in the English language, in Wilmington, Delaware, or, at your election, by telephone or videoconference. The arbitrator will apply the governing law specified in Section 19. Judgment on the award may be entered in any court having jurisdiction.

The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this Section 20.

20.3 Class-Action Waiver

YOU AND FIDARIS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING.

The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding. If this waiver is found to be unenforceable, then the entirety of Section 20.2 will be null and void, but the remainder of these Terms will remain in full force.

20.4 Exceptions

Notwithstanding the foregoing, either party may (a) bring an individual action in small-claims court, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights, confidential information, or data-security interests.

20.5 Opt-Out

You may opt out of this Section 20 by sending written notice of your decision to opt out to security@fidaris.ai within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, email address, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

21. General Provisions

21.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Fidaris regarding the Site and supersede all prior or contemporaneous understandings on the subject.

21.2 Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect.

21.3 Waiver

No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Fidaris's failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

21.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Fidaris's prior written consent. Any attempted assignment without such consent will be null and void. Fidaris may assign these Terms at any time without notice or consent.

21.5 Force Majeure

Fidaris will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, civil unrest, epidemics, pandemics, governmental action, labor disputes, natural disasters, internet or telecommunications failures, or cloud-infrastructure outages.

21.6 Notices

Notices to Fidaris under these Terms must be sent to security@fidaris.ai with a copy to 262, Inc., 1111B S Governors Ave STE 40927 Dover, DE 19904. Fidaris may provide notice to you through the Site, to any email address you have provided, or by any other reasonable means.

21.7 Relationship

Nothing in these Terms creates any agency, partnership, joint venture, fiduciary, employment, or franchise relationship between you and Fidaris.

21.8 Headings

Headings are for reference only and do not affect the interpretation of these Terms.

21.9 Export and Sanctions

You may not access or use the Site in violation of U.S. export-control laws, sanctions, or anti-boycott laws. You represent and warrant that you are not located in, and are not a national or resident of, any country subject to comprehensive U.S. sanctions, and that you are not listed on any U.S. government denied-party list.

21.10 U.S. Government Users

Access to the Site by the U.S. government is subject to the restrictions set forth in FAR 12.212 and DFARS 227.7202, as applicable.

22. Contact

Questions about these Terms may be directed to:

262, Inc. (d/b/a Fidaris) Attn: Legal 1111B S Governors Ave STE 40927 Dover, DE 19904 Email: security@fidaris.ai