Pelican Watch Subscription Terms
Click-through service agreement between Beacon and Shield Solutions LLC (d/b/a Pelican Watch) and the subscribing business
Plain-English summary (not a substitute for the terms below): We send educational AI best practice briefings and suggestions. We are not your lawyer, security provider, or compliance auditor. We never access your systems. Do not send us confidential or health information. You decide what to do and you do it. We make no guarantees. If something goes wrong, our total liability is capped at the greater of what you paid us in the prior 3 months or $249, subject to the exceptions stated in Section 11. Any lawsuit about these Terms or the Services will be decided by a judge, not a jury. If this summary and the terms below differ, the terms below control.
1. Who we are; how you accept
These Subscription Terms (the "Terms") are an agreement between Beacon and Shield Solutions LLC, a Florida limited liability company (Florida document number L25000225133) doing business under the registered fictitious name Pelican Watch ("Pelican Watch," "we," "us"), and the business that subscribes ("Client," "you"). By checking the acceptance box and clicking "I agree" at checkout, the individual doing so confirms that they have had the opportunity to read these Terms, that they are authorized to bind the Client, and that the Client accepts these Terms; any later use of the Services is also governed by these Terms. The Services are offered to businesses only, not to consumers for personal, family, or household purposes, and the Client confirms that it is subscribing for business purposes.
2. The Services
Depending on the plan selected at checkout, the Services may include: (a) a weekly AI best practice briefing tailored to the Client's industry; (b) recommendations based on the Client's answers to our owner questionnaire, delivered monthly and, where the Client's plan includes it, at the start of the subscription and as a quarterly refresh, provided as a general educational summary that does not rate, score, or evaluate the Client's practices, and, where offered, an optional anonymous staff check-in; (c) template documents, such as an AI acceptable-use policy, an approved-tools list, and a staff notice, which the Client may adapt; and (d) limited email responses that explain our own published guidance in general terms, which do not apply any law, regulation, or professional rule to the Client's particular facts and do not tell the Client what it is legally required to do (together, the "Services").
Not included. The Services do not include, and we will not provide: access to, scanning, testing, or monitoring of any Client system, account, network, device, or data; vulnerability assessments; penetration testing; incident response; tabletop exercises; security or risk assessments or audits; ratings, scores or conclusions about whether the Client's practices are adequate; compliance certifications or attestations; legal advice; implementation or configuration work; or representation before any regulator, court, insurer, or third party.
3. Educational guidance only (key term)
- The Services are general educational information. They are NOT legal, regulatory, compliance, cybersecurity, insurance, accounting, medical, or other professional services or advice, and they do not create an attorney-client, fiduciary, consulting, or other professional relationship.
- Our content is based on publicly available information and on what you tell us. It may be incomplete, out of date, or wrong for your situation. AI products, vendor terms, and rules change quickly.
- Templates are starting points only. They are general forms, not documents prepared for your particular situation, and we do not tailor them to your facts, complete them for you, or advise you how to fill them in to meet any legal requirement. Have your own attorney review any policy before you adopt it, particularly if you are subject to professional-conduct rules (for example, rules governing lawyers, accountants, or health care professionals) or to HIPAA, financial, or other regulatory requirements. If you are a law firm or other licensed professional, you alone decide whether any policy meets the rules that govern your profession.
- Any reference to a vendor, product, incident, court decision, or regulator is for information only, is based on the publicly available sources we cite, and reflects our understanding of those sources on the date of the briefing. It is not an endorsement, accusation, or legal analysis, and it does not mean that any vendor or other person named sponsors, approves, or is affiliated with Pelican Watch.
3A. Corrections and Removal Requests
Corrections and Removal Requests. If you believe a briefing contains an inaccurate statement of fact about you or your business, send a request to beaconandshield@gmail.com that identifies the briefing, quotes the statement, and explains why it is inaccurate, with any source you rely on. We review each request promptly and respond within 10 business days. If we find that a statement is inaccurate, we correct or remove it and note the correction in a later briefing. Sending or receiving a request does not waive any right or defense of yours or ours.
4. You own decisions and implementation
You alone decide whether and how to act on any part of the Services, and you are solely responsible for implementing, configuring, enforcing, and monitoring any policy, tool, or control, including notices to and consent from your staff and clients. You are responsible for your own compliance with laws, professional rules, contracts, and insurance requirements. You will rely on your own qualified advisors for legal, security, and compliance decisions.
5. What you send us: data minimization (key term)
We designed the Services so that we do not need, and do not want, your confidential information. You agree that neither you nor your personnel will submit to us, by questionnaire, check-in, email, or otherwise:
- client or customer names, matter or file details, or contents of any document;
- protected health information (PHI) as defined under HIPAA, or other health, financial-account, Social Security, driver's license, or government ID information;
- passwords, credentials, keys, logs, screenshots of systems, or other technical data; or
- any information you are legally or contractually required to keep confidential.
Answers should describe categories only (for example, "client documents: yes" rather than the documents themselves). If we receive prohibited information, we may delete it without review and will tell you. We do not create, receive, maintain, or transmit PHI on your behalf, we are not your business associate, and we do not sign business associate agreements. You are responsible for telling your staff about any check-in you ask them to complete and for keeping it anonymous.
6. Eligibility
You represent that you are not: (a) an owner or operator of a utility, water or wastewater, energy, pipeline, telecommunications or internet-service, or transportation system; (b) a hospital, health system, or inpatient or long-term-care facility; (c) a federal, state, local, or tribal government body, public authority, or school district, or an agency or instrumentality of one; (d) a contractor or subcontractor that, under a contract with a government body described in clause (c), handles that government's nonpublic information or operates its systems, or a vendor that supports the information technology (IT) or operational technology (OT) systems of a business described in clause (a), (b), or (e); or (e) a bank or other financial institution, or a health insurer. You will tell us promptly if this changes. We may decline, suspend, or end any subscription that does not meet our eligibility rules, and refund any prepaid fees for the unused period. If an eligibility representation was untrue when made, we may end the subscription immediately on notice.
7. Fees, billing, and renewal
- Plans (current list prices, in USD): Briefing $99/month; Advisor $179/month; Advisor Plus $249/month. There is no setup fee. Annual prepayment, where offered, is priced at 10 months for 12.
- Fees are billed in advance through our payment processor (currently Stripe) and renew automatically each month (or year, for annual plans) until cancelled. Before you pay, the checkout page states clearly and conspicuously, next to the payment button, the plan, the price, the billing frequency, any minimum term, that the subscription renews automatically until cancelled, and how to cancel, and your receipt repeats these terms. For annual plans, we will email you a reminder no less than 30 days and no more than 60 days before the last day on which you may cancel to avoid renewal, stating that the plan will renew unless cancelled and how to cancel.
- Minimum term: monthly plans have a 3-month minimum commitment, after which they continue month to month. If you cancel during the minimum term, monthly fees continue to be billed until the minimum term ends. Promotional offers (for example, a free first month) are stated at checkout. Unless the offer says otherwise, a free month counts toward the minimum term.
- We may change prices with at least 30 days' email notice, effective at your next renewal. Fees exclude taxes, which you pay where applicable.
- If payment fails, we may suspend the Services after notice and end them if the fee remains unpaid 30 days after the due date.
8. Term, cancellation, and refunds
You may cancel at any time online through the billing portal, which uses the same online means you used to subscribe, or by emailing us. Cancellation takes effect at the end of the current billing period, or at the end of the minimum term if that is later, and we will confirm the cancellation and its effective date by email. Except where required by law or stated in Section 6 or this Section 8, fees already paid are non-refundable. We may end these Terms on 30 days' notice for any reason (refunding prepaid fees for any unused period), or immediately if you materially breach them.
9. Content and license
We own the briefings, recommendations, templates, and other materials ("Content"). During your subscription, we grant you a non-exclusive, non-transferable license to use Content internally and to copy and adapt the templates for your own business. Policies you adopt from templates may be kept and used after cancellation. You may not resell, republish, or distribute Content to third parties, except that you may share adapted policies with your own personnel, advisors, insurers, and clients. You may give us feedback, and we may use it without obligation.
10. No warranties; no guarantees (key term)
THE SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TIMELINESS, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE ANY OUTCOME, INCLUDING THAT FOLLOWING OUR CONTENT WILL PREVENT ANY DATA EXPOSURE, SECURITY INCIDENT, CLAIM, SANCTION, OR LOSS, OR WILL MAKE YOU COMPLIANT WITH ANY LAW, RULE, STANDARD, CONTRACT, OR INSURANCE REQUIREMENT.
11. Limitation of liability (key term)
TO THE FULLEST EXTENT PERMITTED BY LAW: (a) OUR TOTAL LIABILITY, AND THAT OF OUR MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (i) THE FEES YOU ACTUALLY PAID US IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (ii) $249; AND (b) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, OR FOR FINES, SANCTIONS, OR THIRD-PARTY CLAIMS, EVEN IF ADVISED OF THEIR POSSIBILITY. THESE LIMITS DO NOT APPLY TO LIABILITY FOR FRAUD, INTENTIONAL MISCONDUCT, OR GROSS NEGLIGENCE, OR TO ANY OTHER LIABILITY THAT APPLICABLE LAW DOES NOT ALLOW TO BE LIMITED, AND THEY DO NOT LIMIT YOUR OBLIGATION TO PAY FEES OR YOUR OBLIGATIONS UNDER SECTION 12. These limits apply even if a remedy fails of its essential purpose, and they reflect the low price of the Services.
12. Your indemnity
You will defend, indemnify, and hold harmless Beacon and Shield Solutions LLC and its members, managers, employees, and agents from third-party claims arising from (a) your use or implementation of, or decision not to implement, any Content; (b) information you or your personnel submit in breach of Section 5; or (c) your violation of law or of these Terms, except to the extent a claim results from our fraud, intentional misconduct, or gross negligence. We will notify you promptly of any claim for which we ask you to defend us, and you may not settle such a claim in a way that imposes any obligation on us without our written consent.
13. Privacy and data retention
We collect only what we need to run the Services: contact and billing details (card data is handled by our payment processor, not stored by us), eligibility answers, questionnaire answers, and aggregated, anonymous check-in summaries. We share this information only with service providers that help us operate the Services (such as our payment processor, email provider, website host, and the AI agents and underlying model providers we use to prepare Content and run the subscription), and only to produce educational Content and run the subscription, except where the law requires us to disclose it or as part of an assignment of these Terms to a successor of the Pelican Watch business under Section 16. Where a provider's product allows, we instruct the provider not to use this information to train its models. We do not sell this information. We keep questionnaire answers for up to 12 months and delete Client records within 30 days after the subscription ends, except billing records we must keep for tax or legal reasons. Our privacy notice, available at https://pelicanwatch.ai/privacy, provides more detail, including the AI agents and other service providers that process this information.
14. Communications
You agree to receive Service emails (briefings, recommendations, billing notices) at the addresses you provide. Service emails will normally carry this notice: "Educational guidance only. Not legal, compliance, or security advice. We don't access your systems. You decide what to implement." Leaving the notice off any email does not change the nature of the Services or these Terms. Day-to-day Content may be drafted and sent by AI agents operating under our editorial process. Its educational nature is unchanged.
15. Governing law; disputes
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. Exclusive venue for any dispute is the state courts located in Escambia County, Florida, or, if it has subject-matter jurisdiction, the U.S. District Court for the Northern District of Florida, Pensacola Division, and each party consents to that jurisdiction. Before filing any claim, the party with the claim will describe it in writing to the other party (email is sufficient), and the parties will try in good faith for 30 days to resolve it.
YOU AND WE EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY LAWSUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER THE CLAIM IS IN CONTRACT, TORT OR OTHERWISE.
16. General
These Terms (together with your checkout selections) are the entire agreement on this subject; if your checkout selections conflict with these Terms, your checkout selections control as to plan, price, and term. We may update these Terms with at least 30 days' email notice; changes apply from your next renewal, and you may cancel before then. You may not assign these Terms without our consent; we may assign them to a successor of the Pelican Watch business. Neither party is liable for delays caused by events beyond its reasonable control. If any provision is unenforceable, the rest remains in effect, and the unenforceable provision will be enforced to the maximum extent permitted. Notices to us: by email to beaconandshield@gmail.com and by mail to Beacon and Shield Solutions LLC, 6031 Chandelle Cir, Pensacola, Florida 32507. Electronic acceptance and records are valid and binding, and we may keep an electronic record of each acceptance, including the version of these Terms accepted and the date and time of acceptance. Sections 3 through 5 (including Section 3A), Section 7 (as to fees accrued before termination), and Sections 9 through 16 survive termination.
Annex A: Standard disclaimer text
Email footer (every briefing, recommendation, and support reply):
Educational guidance only. Not legal, compliance, or security advice. Pelican Watch (Beacon and Shield Solutions LLC) does not access your systems or data. You decide what to implement. Please don't send us confidential or health information.
Template header (every policy or list template):
TEMPLATE, FOR EDUCATIONAL USE. This document is a starting point provided by Pelican Watch (Beacon and Shield Solutions LLC). It is not legal advice. Have your own attorney review it before adoption. Your organization is responsible for its content, adoption, and enforcement.
Form warning (questionnaire and staff check-in):
Do not enter client names, confidential information, health information (PHI), passwords, or document contents. Describe categories only. Answers that include such information will be deleted.