Terms of service

KOST Fidelity Corporation Inc. (“KOST Fidelity,” “the Company,” “we,” “us,” or “our”) is a corporate advisory, regulatory consulting, and professional coaching firm dedicated to empowering organizations with the strategic clarity, regulatory intelligence, and human capital development they need to compete, grow, and endure.

These Terms of Service (“Terms”) govern all access to and use of the KOST Fidelity website at www.kost-fidelity.com (the “Website”) and all services, programs, webinars, publications, and professional engagements offered by KOST Fidelity (collectively, the “Services”). These Terms apply to all visitors to the Website, all individuals or organizations that submit inquiries or enter into an engagement with KOST Fidelity, and all participants in KOST Fidelity coaching or training programs.

By accessing the Website or engaging any of our Services, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, and the terms “you” and “your” refer to that entity. If you do not have such authority, or if you do not agree with any part of these Terms, you must not access the Website or engage our Services.

KOST Fidelity reserves the right to amend these Terms at any time. All changes will take effect upon posting to the Website, and continued use of the Website or Services following such posting constitutes your acceptance of the revised Terms. We recommend reviewing these Terms periodically.

Article 1 — The Company and Its Services

1.1 Corporate Identity

KOST Fidelity Corporation Inc. is a corporation incorporated under the laws of the State of Delaware, United States, with its registered office at 1209 Orange Street, Wilmington, DE 19801, County of New Castle.

1.2 Service Offerings

KOST Fidelity provides the following core professional services:

1.3 Service Availability

The availability of specific Services is subject to geographic, regulatory, and capacity considerations. KOST Fidelity reserves the right to decline, discontinue, or modify any Service at any time. The description of Services on the Website is provided for general informational purposes and does not constitute a binding offer to provide those Services.

1.4 Engagement Agreements

Formal engagement of any KOST Fidelity Service is governed by a separate written engagement letter, service agreement, or statement of work (“Engagement Agreement”) entered into between KOST Fidelity and the client organization. In the event of any conflict between these Terms and an Engagement Agreement, the Engagement Agreement shall prevail with respect to the specific Services it covers.

Article 2 — Use of the Website

2.1 Permitted Use

You may access and use the KOST Fidelity Website for the purpose of learning about our Services, submitting professional inquiries, accessing published content and insights, and otherwise engaging with KOST Fidelity in a lawful and professional manner. All use of the Website must comply with these Terms and all applicable laws and regulations.

2.2 Prohibited Uses

You agree that you will not use the Website to:

• Access or attempt to access any systems, networks, or data to which you are not authorized.
• Introduce, upload, or transmit any virus, malware, spyware, worm, Trojan horse, or other malicious or harmful code.
• Conduct any scraping, crawling, indexing, or harvesting of Website content by automated means without the prior written consent of KOST Fidelity.
• Transmit any unsolicited or unauthorized advertising, promotional material, spam, or chain communications.
• Reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Website or its content for commercial purposes without KOST Fidelity’s prior written consent.
• Impersonate KOST Fidelity, any KOST Fidelity employee, or any other person or entity.
• Post, transmit, or distribute any content that is unlawful, defamatory, fraudulent, harassing, threatening, obscene, or otherwise objectionable.
• Engage in any activity that interferes with or disrupts the operation of the Website or the servers and networks connected to it.
• Circumvent, disable, or otherwise interfere with any security-related features of the Website.
• Use the Website in any manner that could damage the reputation or goodwill of KOST Fidelity.

2.3 Website Availability

KOST Fidelity endeavors to make the Website available at all times but does not guarantee continuous, uninterrupted access. The Website may be temporarily unavailable due to maintenance, technical issues, or circumstances beyond our control. KOST Fidelity shall not be liable for any loss or inconvenience arising from Website unavailability.

2.4 Website Content

All content published on the Website — including articles, insights, service descriptions, regulatory commentaries, and other materials — is provided for general informational and professional reference purposes only. Website content does not constitute professional advice of any kind and should not be relied upon as a substitute for formal advisory, legal, regulatory, or financial guidance obtained through a properly scoped engagement.

Article 3 — Intellectual Property

3.1 Ownership

All intellectual property rights in and to the Website and its content — including but not limited to the KOST Fidelity name, logo, trade dress, and brand identity; all written content, service descriptions, frameworks, methodologies, and analytical outputs published on the Website; software, code, and technical infrastructure underlying the Website; all graphics, icons, and design elements; and any proprietary tools or templates referenced on the Website — are and shall remain the exclusive property of KOST Fidelity Corporation Inc. or its licensors.

3.2 Limited License

KOST Fidelity grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and browse the Website solely for the purpose of learning about our Services or engaging with us professionally. This license does not permit you to download, reproduce, modify, distribute, transmit, republish, or create derivative works from any Website content without KOST Fidelity’s prior written consent.

3.3 Engagement Deliverables

Unless otherwise agreed in writing in an Engagement Agreement, all advisory reports, coaching materials, strategic frameworks, regulatory analyses, and other deliverables created by KOST Fidelity in the course of an engagement shall remain the intellectual property of KOST Fidelity, with a license granted to the client organization for internal business use within the scope of the engagement.

3.4 Client Materials

Where a client provides KOST Fidelity with proprietary materials, documents, or data in connection with an engagement, the client retains all intellectual property rights in those materials. KOST Fidelity will use such materials solely for the purpose of delivering the agreed Services.

3.5 Trademarks

The KOST Fidelity name and logo are trademarks of KOST Fidelity Corporation Inc. Nothing in these Terms grants you any right, title, or license to use any KOST Fidelity trademark, trade name, service mark, or brand element.

Article 4 — Confidentiality

4.1 Mutual Confidentiality

Both KOST Fidelity and its clients recognize that in the course of an advisory or coaching engagement, each party may be exposed to confidential, proprietary, or commercially sensitive information belonging to the other. Both parties agree to treat all such information as strictly confidential, to use it only for the purpose of the engagement, and not to disclose it to any third party without the prior written consent of the disclosing party.

4.2 KOST Fidelity Obligations

All KOST Fidelity personnel and subcontractors working on client engagements are bound by written confidentiality obligations. KOST Fidelity will not disclose client information to any third party except as required by law, court order, or regulatory authority, or as expressly agreed in writing with the client.

4.3 Client Obligations

Where KOST Fidelity shares proprietary methodologies, frameworks, analytical tools, or engagement reports with a client, the client agrees to treat such materials as confidential and not to reproduce, distribute, or share them outside the client organization without KOST Fidelity’s written consent.

4.4 Duration

Confidentiality obligations survive the termination or expiry of any Engagement Agreement and these Terms for a period of five (5) years, unless a longer period is specified in the applicable Engagement Agreement.

Article 5 — Professional Coaching Programs and Webinars

5.1 Enrollment

Enrollment in KOST Fidelity coaching programs or webinars is subject to availability and the completion of any required registration process. KOST Fidelity reserves the right to decline enrollment at its discretion, including where the program is not considered appropriate for the enrolling individual’s professional context.

5.2 Conduct of Participants

All participants in coaching programs and webinars agree to engage respectfully, professionally, and constructively. Participants must not record, reproduce, or distribute any coaching session content without KOST Fidelity’s prior written consent. Disruptive, abusive, or unprofessional behavior may result in removal from a program without refund.

5.3 Program Content

Coaching program content, webinar materials, and related resources are the intellectual property of KOST Fidelity and are provided for the exclusive use of enrolled participants. Reproduction or redistribution without authorization is strictly prohibited.

5.4 No Guaranteed Outcomes

KOST Fidelity’s coaching and training programs are designed to support professional development. However, KOST Fidelity does not guarantee any specific professional outcome, career advancement, or performance improvement as a result of participation in any program.

5.5 Cancellation and Rescheduling

KOST Fidelity reserves the right to cancel, postpone, or reschedule any webinar or group coaching session due to low enrollment, facilitator unavailability, or circumstances beyond our control. Enrolled participants will be given reasonable advance notice and offered alternatives or refunds as appropriate.

Article 6 — Fees, Payment, and Cancellation

6.1 Fees

Fees for KOST Fidelity Services are agreed in writing in the applicable Engagement Agreement or, for standardized programs and webinars, displayed at the point of registration. All fees are exclusive of applicable taxes unless stated otherwise.

6.2 Payment Terms

Unless otherwise agreed in an Engagement Agreement, payment is due as specified in the invoice issued by KOST Fidelity. Late payment may result in the suspension of Services and the accrual of late payment interest at the rate specified in the applicable Engagement Agreement or, where not specified, at the maximum rate permitted by applicable law.

6.3 Expenses

Where an engagement requires travel, accommodation, or other out-of-pocket expenses, such expenses will be agreed in advance and invoiced separately in accordance with the Engagement Agreement.

6.4 Cancellation by Client

Cancellation of an Engagement Agreement by the client is subject to the cancellation and notice provisions set out in the applicable Engagement Agreement. Where no specific cancellation terms are agreed, KOST Fidelity reserves the right to invoice for all work completed and reasonable costs incurred up to the date of cancellation.

6.5 Cancellation by KOST Fidelity

KOST Fidelity may terminate an Engagement Agreement with written notice in the event of a material breach by the client, non-payment, or circumstances that would make continued engagement legally, ethically, or professionally inappropriate.

Article 7 — Disclaimer of Warranties

KOST FIDELITY PROVIDES THE WEBSITE AND ALL INFORMATION CONTAINED THEREIN ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KOST FIDELITY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

KOST FIDELITY DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. KOST FIDELITY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE WEBSITE.

Nothing in these Terms excludes or limits any warranty, condition, or right that cannot be excluded or limited under applicable law.

Article 8 — Limitation of Liability

8.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KOST FIDELITY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF KOST FIDELITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 KOST FIDELITY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO KOST FIDELITY FOR THE SERVICES IN RESPECT OF WHICH THE CLAIM ARISES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8.3 Nothing in these Terms shall limit or exclude KOST Fidelity’s liability for: (i) fraud or fraudulent misrepresentation; (ii) death or personal injury caused by KOST Fidelity’s negligence; or (iii) any other liability that cannot be excluded or limited under applicable law.

Article 9 — Indemnification

You agree to defend, indemnify, and hold harmless KOST Fidelity Corporation Inc. and its directors, officers, employees, agents, and contractors from and against any and all claims, actions, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or related to: (i) your use of or access to the Website in violation of these Terms; (ii) your violation of any applicable law or regulation; (iii) your infringement of any intellectual property or other rights of any third party; or (iv) any material misrepresentation made by you to KOST Fidelity.

Article 10 — Third-Party Links and Resources

The KOST Fidelity Website may include links to third-party websites, regulatory publications, industry bodies, professional networks, and external resources. These links are provided solely for your professional reference and convenience. KOST Fidelity does not control third-party websites, is not responsible for their content, accuracy, or privacy practices, and does not endorse any product, service, or opinion expressed therein. Your use of any linked third-party website is entirely at your own risk and subject to the terms and privacy policies of that third-party site.

Article 11 — Governing Law and Dispute Resolution

11.1 Governing Law

These Terms and any dispute, claim, or matter arising out of or in connection with them or their subject matter or formation — whether contractual, tortious, or otherwise — shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

11.2 Jurisdiction

Subject to Section 11.3, you irrevocably submit to the exclusive jurisdiction of the federal and state courts located in New Castle County, Delaware, United States for the resolution of any dispute arising under or in connection with these Terms.

11.3 Dispute Resolution for International Clients

For clients located outside the United States, KOST Fidelity encourages the resolution of disputes through good-faith negotiation as a first step. Where negotiation fails, both parties agree to explore mediation through a mutually agreed, independent mediator before initiating formal legal proceedings. Nothing in this section prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.

11.4 Waiver of Jury Trial

TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES.

Article 12 — General Provisions

12.1 Entire Agreement

These Terms, together with the KOST Fidelity Privacy Policy, GDPR Notice, and any applicable Engagement Agreement, constitute the entire agreement between you and KOST Fidelity with respect to the subject matter hereof and supersede all prior agreements, representations, and understandings.

12.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

12.3 Waiver

KOST Fidelity’s failure to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision in the future. No waiver shall be effective unless in writing and signed by an authorized representative of KOST Fidelity.

12.4 Assignment

You may not assign, transfer, or delegate any rights or obligations under these Terms without the prior written consent of KOST Fidelity. KOST Fidelity may assign these Terms or any of its rights or obligations hereunder without restriction.

12.5 Force Majeure

KOST Fidelity shall not be liable for any failure or delay in performance of its obligations under these Terms or any Engagement Agreement where such failure or delay arises from circumstances beyond KOST Fidelity’s reasonable control, including but not limited to acts of God, natural disasters, governmental actions, public health emergencies, cyberattacks, or failures of third-party infrastructure.

12.6 Notices

All formal notices under these Terms shall be in writing and delivered to KOST Fidelity at the address set out below, or to you at the contact details provided during your engagement or inquiry. Notices sent by email are effective upon confirmation of receipt.

12.7 Language

These Terms are written in the English language. Where any translation is provided, the English language version shall prevail in the event of any inconsistency.

Article 13 — Contact Information

For all inquiries relating to these Terms of Service, including questions about permitted use of the Website, intellectual property, or commercial engagements, please contact us.