Express 409A — Terms of Service

Express 409A is an online platform that facilitates the delivery of independent IRC Section 409A and FASB ASC 718 valuation services. The Platform enables you to purchase a valuation engagement, upload company documents through a secure portal, receive your completed valuation report, and manage your engagement. The valuation services themselves are governed by a separate Engagement Agreement presented during the onboarding process.

You must be at least 18 years old and authorized to act on behalf of the company for which you are requesting a valuation. By using the Platform, you represent that you have the authority to bind your company to these Terms and to any Engagement Agreement entered into through the Platform.

When you purchase a valuation through the Platform, an account is created using the email address provided at checkout. Access to your account is managed through secure magic link authentication — we do not use passwords. You are responsible for maintaining access to the email address associated with your account and for all activity that occurs under your account. Notify us immediately at team@express-409a.com if you believe your account has been compromised.

All payments are processed securely through Stripe. By purchasing a plan, you agree to Stripe's terms of service in addition to these Terms.

• One-time engagements: You are charged a single fee at the time of purchase. No further charges will be made unless you purchase an additional service.
• Annual subscriptions: You are charged at the time of purchase and your subscription renews automatically on each annual anniversary. We will send a renewal reminder at least 14 days before each renewal date. You may cancel auto-renewal at any time through your account portal before the renewal date. Cancellation takes effect at the end of your current subscription period. No partial refunds are issued for unused time.
• Refund policy: All fees are non-refundable once Express 409A has commenced its review of your documents. If you purchase a plan but do not submit documents within 30 days, Express 409A may, at its sole discretion, cancel the engagement and issue a refund.
• Chargebacks: If you initiate a chargeback or payment dispute for services that have been delivered or for which document review has commenced, Express 409A reserves the right to suspend your account and pursue the outstanding amount through appropriate channels.

You retain ownership of all documents, financial data, and other materials you upload to the Platform ("Your Content"). By uploading Your Content, you grant Express 409A a limited, non-exclusive license to access, store, and use Your Content solely for the purpose of performing the valuation services you have purchased.

Data security: Your Content is stored using industry-standard encryption and access controls. Access is restricted to authorized Express 409A personnel working on your engagement.

Data retention: For annual subscribers, Your Content persists in the portal for the duration of your subscription to enable efficient valuation refreshes. If your subscription ends, Your Content is retained for 90 days following the end of your subscription period, after which it is permanently deleted unless you request otherwise. For one-time engagements, Your Content is retained for 12 months following report delivery, then permanently deleted.

Anonymized data: Express 409A may use anonymized, aggregated data — stripped of all company-identifying information — for industry benchmarking and research. Your company will never be identifiable in any anonymized dataset. This usage helps us improve our valuation methodologies and provide better benchmarking context to all clients.

You agree not to use the Platform to:

• Upload any content that is fraudulent, misleading, or materially inaccurate with the intent to manipulate the valuation outcome.
• Attempt to gain unauthorized access to other users' data, our internal systems, or any part of the Platform not intended for your use.
• Reproduce, reverse-engineer, decompile, or create derivative works from the Platform's software, design, or functionality.
• Use the Platform for any purpose other than obtaining valuation services from Express 409A.
• Resell, sublicense, or commercially redistribute any reports, templates, or materials received through the Platform.

All content, design, software, and functionality of the Platform — including but not limited to the user interface, branding, report templates, analytical frameworks, and proprietary methodologies — are the exclusive property of Express 409A and are protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from any Platform content without our written consent.

Your completed valuation report is licensed to you under the terms of your Engagement Agreement.

By creating an account, you consent to receive transactional communications necessary for the delivery of your engagement — including magic link emails, document status updates, submission confirmations, and report delivery notifications. These cannot be opted out of.

You also consent to receive service communications related to the health of your valuation, including safe harbor expiration reminders, material event alerts, and regulatory updates. You may opt out of non-essential communications at any time by contacting team@express-409a.com.

We will never share your contact information with third parties for marketing purposes.

The Platform is provided on an "as-is" and "as-available" basis. While we strive for continuous availability, we do not guarantee uninterrupted access to the Platform. We are not responsible for delays caused by circumstances beyond our control, including internet outages, third-party service disruptions, or force majeure events.

Express 409A is not a law firm, accounting firm, or tax advisor. The valuation report and associated deliverables do not constitute legal, tax, or accounting advice. You are responsible for consulting your own legal counsel, accountants, and tax advisors regarding the use and implications of your valuation report.

To the maximum extent permitted by law, Express 409A and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunity arising from your use of the Platform.

Express 409A's total aggregate liability for any claims arising from your use of the Platform or our services shall not exceed the total fees paid by you to Express 409A in the twelve months preceding the claim.

You agree to indemnify, defend, and hold harmless Express 409A and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses — including reasonable attorneys' fees — arising from: (a) your use of the Platform, (b) your violation of these Terms, (c) your provision of inaccurate or incomplete information, or (d) any third party's reliance on a report that you distributed without Express 409A's consent.

By you: You may request account deletion at any time by contacting team@express-409a.com. If you have an active annual subscription, cancellation of the subscription must be completed through the Platform before account deletion.

By us: We may suspend or terminate your account if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or used the Platform in a manner harmful to Express 409A or other users. We will provide notice before termination except in cases of fraud or security threats.

Upon termination, your access to the Platform and all associated data will be handled in accordance with the data retention terms in Section 5.

We may update these Terms from time to time. If we make material changes, we will notify you via the email address associated with your account at least 14 days before the changes take effect. Your continued use of the Platform after such changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you should stop using the Platform and contact us to close your account.

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Platform shall be resolved by binding arbitration administered in Los Angeles County, California under the rules of the American Arbitration Association. Each party irrevocably waives any right to trial by jury. This Section survives termination of these Terms.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

These Terms, together with the Engagement Agreement and any plan-specific terms presented at checkout, constitute the entire agreement between you and Express 409A regarding your use of the Platform. These Terms supersede any prior agreements or understandings.

For corporate and contracting purposes, the Express 409A platform is operated by LYK Consulting LLC.

Questions about these Terms? Contact us at team@express-409a.com.