Terms and Conditions for FA Wizard™

Terms and Conditions of Service for FA Wizard™

Revision/Effective Date: May 1, 2025

Welcome to FA Wizard™! By creating an account and providing information through our
website at https://fawizard.com, you agree that the educational institution you represent will
be bound by the following Terms and Conditions of Service (“Terms and Conditions” or
“Terms”). Please read them carefully before purchasing FA Wizard™.
If you do not agree with any part of these Terms, you should not purchase or use these
services.

1. WHO WE ARE:

FA Wizard™ provides comprehensive tools to simplify Title IV compliance, automate Title IV
web disclosures, and help educational institutions stay ahead of regulatory requirements.
FA Wizard™ is a technology product of Financial Aid Experts, Inc. (FA Experts®).

Financial Aid Experts, Inc.
5651 Main St. Suite 8-305
Buffalo, NY 14221

For questions or support, you can contact us by postal mail or by telephone (during
business hours in the Eastern time zone of the United States) at (866) 767-5692.

2. DEFINITIONS:

FA Wizard TM is a product to serve educational institutions.
“You” and “your” refer to the individual purchaser who acts as a purchasing agent on behalf
of the educational institution.
“Client” refers to the educational institution itself. The purchasing agent agrees to these
Terms and Conditions on behalf of the institution (client). The purchasing agent certifies
that he/she is an owner and/or officer of the educational institution and is legally authorized
to commit the educational institution to a contractual arrangement under U.S. law.

3. USING FA WIZARD TM :

FA Wizard TM is a subscription-based service requiring monthly payment for continued
service. The client agrees to maintain its account in a current payment status and to notify
FA Experts® in advance before any planned discontinuance of service.
The client agrees to use FA Wizard TM only for lawful purposes and in accordance with all
applicable federal, state, and local laws. FA Experts® may suspend or terminate access for
any violation of these Terms by the client or any of the client’s employees or agents.

4. USER DATA:
FA Experts® collects certain information to provide our services effectively, including:
• Your name
• Email address
• Payment details
• Client information (including data regarding the client institution’s operations,
academic programs, administrative policies, etc.)

We intentionally DO NOT collect any personally identifiable information about students,
employees, or other persons associated with the client, with the exception of names and
business email addresses of certain client employees.

We also use cookies and other technologies to collect non-personal data of visitors to our
public website to improve your experience. For more details, please review our Privacy
Policy.

5. CLIENT ACCOUNT:

The client is responsible for issuing account login credentials to appropriate client
employees and maintaining the confidentiality of login credentials. If the client suspects
unauthorized activity on its account, it should contact FA Experts® immediately.

6. PAYMENTS:

FA Wizard TM is a subscription-based service requiring the client to maintain its account
payments in current status. Payment is billed monthly on an automatic basis through the FA
Wizard TM subscription platform.

The client’s subscription includes access to FA Wizard TM , including access to the school data
platform and public-facing web outputs. Access is contingent upon continuous current
payment status. All billing information must be accurate and kept up to date. FA Experts®
may use third-party services to process payments securely.

7. TERM:

The term of this Agreement shall begin on the date that the subscription is initiated by the
client through the fawizard.com website, with services to begin as soon as practical. It shall
remain binding on both parties until the end of the monthly payment period in which the
client makes formal notice of cancellation, or FA Experts® cancels the agreement for
violation of the Terms and Conditions. The provisions of Section 8 through Section 19
(below) of these Terms and Conditions are perpetual and survive notwithstanding the
termination of the agreement and/or services.

8. NO AGENCY, PARTNERSHIP OR JOINT VENTURE CREATED:

FA Experts® and the client agree that the relationship between them is that of client and
technology provider, that neither party shall have any authority to represent or bind the
other, and that neither party shall hold itself out or have any authority as an agent of the
other for any purpose whatsoever. Nothing herein shall be construed as creating a principal
and agent, joint venture, or any other type of relationship between the client, the educational
institution, or any employee/principal of the educational institution and FA Experts®.

9. STATUS AS A “THIRD PARTY SERVICER” AND LIMITATION ON SCOPE OF SERVICES:

FA Wizard TM is NOT a “third-party servicer” arrangement under federal regulation
34CFR668.2 (specifically, the definition of a third-party servicer). Expressly, no product,
employee, or contractor of FA Experts® shall engage in any activity which would qualify as
“administer(ing), through either manual or automated processing, any aspect of the
institution's participation in any Title IV, HEA program”, and/or as “performing any function
required by any statutory provision of or applicable to Title IV of the HEA, any regulatory
provision prescribed under that statutory authority, or any applicable special arrangement,
agreement, or limitation entered into under the authority of statutes applicable to Title IV of
the HEA”.

All products, text, and/or intellectual content provided by FA Experts® are strictly advisory in
nature, and all management decisions, policy changes, administrative actions, and
processing functions must be performed by employees of the client; including editing,
approval, and implementation of any documents and/or text provided by FA Experts®.

10. OWNERSHIP AND CONFIDENTIALITY OF INTELLECTUAL PROPERTY:

All aspects of FA Wizard TM , including all text, formatting, layouts, and computer software are
the intellectual property of Financial Aid Experts, Inc. (FA Experts®), and are protected by
U.S. and international copyrights. The client understands, agrees, and commits that FA
Experts® is the exclusive owner of all such intellectual property and all rights related to that
content. During the Term of the client’s FA Wizard TM subscription, FA Experts® grants the
client a non-exclusive, non-transferable license to use, maintain, modify, or revise the
provided intellectual property solely for the client’s own administrative use. However, the
client hereby agrees that, except as necessary to use the property for its regular operations
and/or to comply with applicable laws and regulations, the client shall not disclose, market,
sell, lease, distribute or otherwise provide license to the intellectual property to any other
institution, entity, affiliated school, consultant, third-party servicer, corporation, partnership,
or individual without prior written consent from FA Experts®.

The term “intellectual property” and “property” includes (but is not limited to): the text,
layout, and formatting of policy and procedure statements, the text of all system-generated
web pages, provided sample documents, standardized forms, electronic applications,
software, web applications, policy manual design and table of contents, training materials,
and any other outputs of the FA Wizard TM product. The term “Intellectual Property Rights”
shall mean any intellectual property or proprietary rights, including, without limitation,
copyright rights (including rights in audiovisual works), moral rights, trademarks (including
logos, slogans, domain names, trade names, service marks), rights of privacy and publicity,
patent rights (including patent applications and disclosures), know-how, inventions, rights of
priority, and trade secret rights, recognized in the United States and/or any country or
jurisdiction in the world.

11. INJUNCTIVE RELIEF:

A breach or threatened breach by the client of the provisions of Section 10 ("Ownership and
Confidentiality of Intellectual Property") in any respect will be material and will result in
substantial and irreparable injury to FA Experts®. In the event of a breach or threatened
breach of Section 10 of this Agreement, FA Experts® will be entitled to an injunction
restraining the Client therefrom. This provision shall not be construed as prohibiting FA
Experts® from pursuing any other available remedies for such breach or threatened breach,
including the recovery of damages.

12. FAILURE OF PERFORMANCE:

If either FA Experts® or the client fails in the due performance of any of its obligations under
these Terms and Conditions, the other party will have the right, at its election, to sue for
damages for such breach and to seek such legal and equitable remedies as may be
available to it, including the right to recover all reasonable expenses, which shall include
reasonable collections costs, legal fees, and court costs, incurred: (a) to pursue collections,
(b) to sue for damages; (c) to seek such other legal and equitable remedies; and (d) to
collect any damages and enforce any court order or settlement agreement including, but not
limited to, additional application to the court for an order of contempt. Except for specified
limitations on liability (in Section 13) and agreed indemnification provisions (in Section 14),
nothing contained herein shall be construed to restrict or impair the rights of either party to
exercise this election. All rights and remedies herein provided or existing at law or in equity
shall be cumulative of each other and may be enforced concurrently therewith or from time
to time.

13. WARRANTY AND LIABILITY LIMITATION:

FA Experts® warrants and represents that the services provided hereunder shall be
delivered in a professional manner and in keeping with the standards of performance
prevalent in the industry. FA Experts® makes no other warrantees or claims regarding the
services provided through the FA Wizard TM product. Specifically, the client understands and
agrees that FA Experts® makes no warranty of regulatory compliance at the client institution
based upon the materials and services to be provided through FA Wizard TM . The client
understands and agrees that all FA Experts® services are advisory in nature, and that the
client institution maintains full and complete responsibility for regulatory compliance and any
associated costs. Further, the client agrees that the maximum liability for any claim by the
client against FA Experts® related to the operation and outputs of the FA Wizard TM product
shall be limited to the subscription fees charged to the client and actually paid to FA
Experts® by the client during the ninety-day period prior to legal notice of the claim being
presented to FA Experts® or its attorney.

14. INDEMNIFICATION:

The client hereby agrees to indemnify and hold FA Experts® harmless, at all times from and
after the beginning date of the Term, from all counter-suits, claims, damages, liability and
expense, including legal fees, arising from or in any way connected with the breach by the
client of any of these Terms and Conditions, and/or FA Expert's enforcement of its rights
under these Terms and Conditions, at law or in equity, including without limitation: (i) suit for
damages, (ii) seeking of such other legal and equitable remedies, (iii) collection of any debts
and/or damages, and (iv) enforcement of any court order or settlement, including but not
limited to additional application to the court for an order of contempt.

15. MISCELLANEOUS:

The following provisions apply:
a) The section headings have been prepared for convenience of reference only and
shall not control, affect the meaning, or be taken as an interpretation of any provision
of these Terms and Conditions.
b) In the event any aspect of these Terms and Conditions should be breached by either
party and thereafter waived by the other party, then such waiver shall be limited to
the particular breach so waived and shall not be deemed to waive any other breach
either prior or subsequent to the breach so waived.
c) If the consent and/or cooperation of either party is required for whatever reason
under these Terms and Conditions, such consent/cooperation shall not be
unreasonably withheld.
d) Wherever necessary or appropriate, the singular shall include the plural, and the
plural shall include the singular.
e) All understandings and agreements made by and between the parties are contained
in these Terms and Conditions. No other statements or promises made by any
employee or representative of either party are valid.

16. SEVERABILITY:

Every provision of these Terms and Conditions is intended to be severable. If any provision
is held to be invalid or unenforceable by law or by a court of competent jurisdiction, all other
provisions shall nevertheless continue in full force and effect. In lieu of such invalid or
unenforceable provision, there shall be amended to these Terms and Conditions a legal,
valid and enforceable provision as similar in terms to such invalid or unenforceable provision
as may be possible.

17. NOTICES:

Any formal legal notice or other communication which is required to be given under these
Terms and Conditions shall be in writing and shall be delivered personally, or sent by
registered mail, or by certified mail return receipt requested to the address set forth above
for FA Experts® or to the primary address provided by the client within the FA Wizard TM
system. Any notice which is mailed shall be deemed to have been given on the third
business day after the day of mailing (not counting the day mailed), irrespective of the date
of receipt. Notices may be signed and given by the attorney for the party sending the
notice. A new address may be designated by notice.

18. APPLICABLE LAW; JURISDICTION; VENUE:

This Agreement will be governed by and construed in accordance with the laws of the State
of New York without regard to its principles of conflicts of law. The County of Erie in the
State of New York is hereby designated as the exclusive forum for any action or proceeding
arising from or in any way connected to these Terms and Conditions, and the parties hereby
expressly consent to the personal jurisdiction of the New York State or federal courts in this
forum.

19. BINDING EFFECT:

By creating a client payment account at FA Wizard™, the account creator attests that they
are an officer or other individual with the authority to enter into a contractual agreement on
behalf of the client institution. The client institution agrees that all persons granted access
to the FA Wizard™ system by the client institution have been informed of their obligation (as
an employee, agent, or other representative of the client institution) to abide by these Terms
and Conditions of Service.

All individual users of the FA Wizard™ system agree that their use of the system is solely as
an employee, agent, or other representative of the client institution and all access is
governed by these Terms and Conditions of Service. All individual users agree to abide by
these Terms and Conditions of Service, and that their electronic access to the system is an
affirmation of such agreement.

20. DISCLAIMER:

FA Wizard™ is an internet-based product and is provided “as is” and “as available.” We do
our best to ensure reliability, but we do not guarantee uninterrupted service or error-free
content. To the fullest extent permitted by law, FA Experts® shall not be liable for any
indirect, incidental, or consequential damages arising from your use of the service.

21. UPDATES TO THESE TERMS AND CONDITIONS:

We may update these Terms and Conditions from time to time. When we do, we’ll notify the
client via email. Continued use of the service after updates constitutes acceptance of the
new Terms and Conditions.

22. CONFIRMATION OF AGREEMENT:

By accessing the FA Wizard™ system, the individual user acknowledges having read,
understood, and agreed to abide by the Terms and Conditions of Service on behalf of the
client institution.