Terms & Conditions

1. Introduction & Agreement to Terms

These Terms and Conditions (“Terms”) govern your access to and use of the defend-id website, services, platforms, tools, monitoring solutions, and identity-theft recovery offerings (collectively, the “Services”).

defend-id, Inc. (“defend-id,” “we,” “our,” or “us”) is a corporation organized under the laws of the State of Connecticut with a principal business address in Collinsville, Connecticut. These Terms form a binding agreement between you and defend-id when you:

• Access or use the defend-id website or any related portals,
• Enroll in or activate any defend-id identity theft protection product,
• Receive identity-theft monitoring, alerts, or related notifications,
• Receive Fully Managed Recovery services,
• Receive insurance or reimbursement benefits administered through third-party carriers,
• Access services co-branded or white-labeled through defend-id.

If you do not agree to these Terms, do not access or use the Services.

2. Eligibility & Scope of Coverage

The Services are intended for individuals 18 years of age or older residing in the United States or its territories. By accessing or using the Services, you represent and warrant that:

1. You are at least 18 years old,
2. You reside within a U.S. jurisdiction in which defend-id operates,
3. You will use the Services only for lawful purposes and in accordance with these Terms.

Family Coverage

Where your plan includes family benefits, eligible family participants include:

• Your spouse or domestic partner,
• Dependents residing at your permanent address,
• IRS-qualified dependents, and
• Your parents (or your spouse’s/domestic partner’s parents) who share your permanent address or who reside in a senior assisted living facility, nursing home, or hospice facility.

Fully Managed Recovery benefits continue for up to 12 months after the death of any covered family member, as reflected in defend-id’s FMR framework.

3. Description of Services

defend-id provides identity-theft protection and recovery solutions that may include:

• Fully Managed Identity Theft Recovery
• Identity Monitoring (credit and non-credit)
• Authentication and fraud-detection technologies
• Dark Web and Internet surveillance
• Lost document replacement
• Credential vault storage
• Identity-theft reimbursement benefits (when included)
• Child or family monitoring components

3.1 Monitoring Services

Depending on the specific plan you are enrolled in, monitoring may be provided by:

• Equifax
• TransUnion
• Experian
• Or third-party technology providers powering defend-id’s white-label monitoring infrastructure, including MIS systems that maintain strict security controls.

Monitoring services may include:

• Credit file activity monitoring
• SSN, public records, and criminal record monitoring
• Internet/dark web surveillance
• Address change monitoring
• Child public records monitoring (if included)

defend-id does not guarantee that monitoring will detect all instances of fraud, identity theft, or misuse of personal information.

4. Fully Managed Identity Theft Recovery Services

Fully Managed Recovery (“FMR”) is provided by certified Recovery Advocates who work directly with you to restore your identity to pre-theft status.

Your Recovery Advocate will:

• Serve as your primary point of contact
• Prepare and submit disputes
• Assist with law-enforcement filings
• Contact creditors, government agencies, and impacted institutions
• Establish fraud alerts or freezes
• Prepare an evidence-backed case file
• Guide you through document replacement

As described in defend-id’s official program materials, FMR includes:

• 3-bureau credit report access as needed,
• 12 months of follow-up identity monitoring after case resolution,
• Deceased remediation for eligible family members.

5. Third-Party Providers & White-Label Services

Some Services are delivered directly by defend-id, while others are delivered through third-party providers operating on our behalf, including:

• Credit bureaus (Equifax, TransUnion, Experian in certain contexts),
• Technology infrastructure partners such as Merchants Information Solutions (“MIS”), which powers aspects of defend-id’s data platform and case management systems and maintains a high-security environment, including PCI-DSS, SOC, and other certifications.

Where required, defend-id may co-brand or white-label third-party monitoring solutions. Regardless of branding, all such services are governed by defend-id’s Terms.

You authorize defend-id and its designated providers to obtain, use, and store your personal information solely to deliver the Services.

6. Authentication Requirements

Before accessing certain Services, including monitoring, credit data, or FMR, you may be required to verify your identity using:

• Knowledge-based authentication (KBA),
• Multi-factor authentication (MFA),
• Or other defend-id-approved identity-proofing methods.

Failure to successfully authenticate may prevent access to some or all Services.

7. Limitation: What defend-id Does Not Cover

defend-id is not responsible for providing Services related to:

• Fraud, misuse, or activity committed by you or someone acting in concert with you,
• Authorized transactions you later dispute,
• Business-related identity theft losses,
• Losses predating your effective enrollment,
• Theft or loss of physical property or documents not governed by our recovery processes,
• Any acts outside the control of defend-id or its service partners.

FMR is not credit repair and does not remove legitimate credit data.

8. Effective Date and Benefit Period

Your coverage begins on the date stated in your enrollment confirmation.
Coverage continues for the period described in your plan documentation or Summary of Benefits.

9. Credit Bureau Authorization & FCRA Disclosures

Certain Services include access to credit reports, credit scores, credit monitoring, or identity alerts provided by one or more of the national consumer reporting agencies (Equifax, Experian, and TransUnion). defend-id and its technology partners (including MIS and ID Watchdog) operate as authorized resellers of credit information and comply with all applicable obligations under the Fair Credit Reporting Act (FCRA) and the Fair and Accurate Credit Transactions Act (FACTA).

By enrolling in or using any defend-id Service that relies on credit bureau data, you expressly provide written instructions permitting defend-id and its designated service partners to:

• Obtain your credit reports, scores, and credit-header information,
• Access, store, and use your personal information for authentication and monitoring,
• Request additional credit data as needed during identity theft recovery or case remediation.

You may revoke this authorization only by terminating your Services.

10. Monitoring Services – Scope and Limitations

Monitoring tools vary by subscription level and may include:

• 1-bureau or 3-bureau credit monitoring
• Daily credit-file change alerts
• Instant inquiry alerts (where offered)
• Dark web, deep web, and surface web surveillance
• SSN, court records, criminal data, and public record monitoring
• Address change monitoring
• Child public records monitoring (family plans)

These capabilities reflect the features described in defend-id’s FMR Product Guide, Breach Response materials, and employer plan documentation.

Monitoring Limitations

Monitoring services are powerful tools but are not foolproof. defend-id does not guarantee:

• Detection of all instances of identity theft or fraud,
• Accuracy or completeness of credit bureau data,
• Real-time or uninterrupted monitoring,
• Alerts for every type of suspicious behavior.

Alerts may be delayed or may not occur if:

• A data source is temporarily unavailable,
• A credit bureau has not yet updated the underlying data,
• A third-party database does not contain the stolen or compromised information.

You are solely responsible for reviewing your alerts and taking action where needed.

11. User Responsibilities & Representations

By accessing the Services, you agree that:

1. All information you provide is accurate, complete, and current. defend-id may terminate or suspend Services if inaccurate information is provided.
2. You will promptly update your contact information, including your email address, as alerts and recovery communications may depend on it.
3. You will maintain the confidentiality of your login credentials and not share access with any other person.
4. You will notify defend-id immediately if you suspect unauthorized access to your account.
5. You will use Services only for your own lawful personal or business use, and only for individuals properly enrolled under your plan.
6. You have the authority to enroll any minor child or qualifying family member, as defined in our FMR Guide and employer plan documentation.

You agree not to use the Services for fraudulent, illegal, harassing, or competitive purposes.

12. Prohibited Use of the Services

You may not:

• Access or attempt to access any defend-id systems without authorization.
• Interfere with or disrupt the performance of the Services.
• Reverse engineer, decompile, or modify any portion of the platform.
• Sell, sublicense, or commercially exploit any defend-id services without permission.
• Harvest, scrape, or collect data about others using any automated or manual method.
• Upload malware, attempt unauthorized scanning, or penetrate defend-id or partner systems.
• Use any monitoring or recovery service for individuals not actively enrolled.

Violation of this section may result in immediate termination of Services and may expose you to civil and criminal liability.

13. Billing, Renewal, Cancellation & Non-Payment

Billing terms differ based on whether Services are purchased:

• Directly by consumers,
• Through employer-sponsored benefits,
• Through breach response activation,
• Through partner-distributed programs.

13.1 Recurring Billing

If you subscribe using a recurring payment method, you authorize defend-id to automatically charge your designated payment instrument based on your selected billing cycle.

defend-id reserves the right to adjust pricing with 60 days’ prior written notice.

13.2 Cancellation by Member

You may cancel at any time:

• Through your online Identity Care Account, or
• By contacting defend-id Customer Care.

Upon cancellation:

• Services remain active through the end of the current billing period,
• Refunds may apply only to unused pre-paid months, where required by law,
• Recovery services will cease at the end of the paid period unless otherwise required.

13.3 Non-Payment

If payment fails:

1. You will receive email notices for up to 10 days.
2. If unresolved, Services will terminate effective the final day of the last paid month.
3. Ongoing recovery cases may be paused or closed upon termination.

14. Service Interruptions & Modifications

defend-id may modify, suspend, or discontinue any portion of the Services at any time to:

• Maintain system integrity,
• Update features,
• Comply with regulatory requirements,
• Adapt to third-party vendor changes (e.g., credit bureau updates, partner platform changes).

We will make reasonable efforts to minimize disruptions, but uninterrupted availability is not guaranteed.

15. Accuracy of Information & Data Reliance

Identity monitoring and credit information rely on data provided by third parties, including:

• Credit bureaus,
• Public record databases,
• Proprietary dark web intelligence platforms,
• White-label infrastructure partners.

defend-id does not control the accuracy, completeness, or timeliness of data contained in these systems.

Where discrepancies occur, your Recovery Advocate may:

• Request updated credit reports,
• File disputes with credit bureaus,
• Perform additional investigations using the identity restoration processes described in the FMR and Breach Response documentation.

16. Small Business Legal Plan (If Offered) – Third-Party Terms Apply

Certain plans may provide access to discounted or free legal services through an independent partner. All legal services are governed by the partner’s separate terms and policies. defend-id is not responsible for:

• Legal advice rendered,
• The outcome of legal matters,
• Any retainer or fee arrangements between you and the plan attorney.

See Legal Club documentation for details.

17. Disclaimer of Warranties

The Services are provided “AS IS” and “AS AVAILABLE.” To the fullest extent permitted by law, defend-id disclaims all warranties—express, implied, statutory, or otherwise—including, without limitation:

• Warranties of merchantability,
• Fitness for a particular purpose,
• Non-infringement,
• Data accuracy, completeness, or timeliness,
• Uninterrupted or error-free service performance,
• Detection or prevention of all identity theft events.

defend-id does not guarantee:

• That all identity theft, fraud, or unauthorized activity will be detected,
• That monitoring systems will identify every exposed data element,
• That credit bureau data is complete or free from error,
• That alerts will be generated or delivered within a specific timeframe.

The member understands that identity monitoring is probabilistic and relies on third-party data that defend-id does not control.

18. Limitation of Liability

To the maximum extent permitted by law, defend-id and its officers, directors, employees, contractors, service partners, and affiliates shall not be liable for any:

• Indirect, consequential, special, punitive, or exemplary damages;
• Lost profits, lost wages, business interruption, or loss of data;
• Damages arising from delays, inaccuracies, or omissions in credit bureau or public record data;
• Damages resulting from unauthorized access to your account caused by your failure to secure credentials.

In all cases, defend-id’s aggregate liability shall not exceed the greater of:

1. The amount paid for Services in the preceding twelve months, or
2. Fifty dollars ($50), unless a higher amount is mandated by applicable law.

These limitations apply regardless of the theory of liability—contract, tort, negligence, strict liability, or otherwise.

19. Intellectual Property Rights

All materials accessible through the Services—including branding, product names, text, graphics, software, user interfaces, educational content, case management systems, and proprietary recovery methodologies—are the exclusive property of defend-id or its licensors.

You may not:

• Copy, reproduce, modify, distribute, publicly display, or create derivative works from any defend-id materials;
• Reverse engineer or attempt to extract source code from the platform or monitoring systems;
• Use defend-id intellectual property without prior written permission.

All rights not expressly granted to you in these Terms are reserved.

20. Data Security & Third-Party Infrastructure

20.1 defend-id Security Practices

defend-id employs robust administrative, physical, and technical safeguards to protect personal information. These practices include access controls, encryption, authentication systems, network monitoring, and required annual employee security training.

20.2 MIS-Enabled Platform Infrastructure

Portions of the defend-id Services are delivered through a secure, white-labeled technology infrastructure operated by a third-party data platform partner. The partner maintains:

• PCI-DSS aligned security controls,
• SOC, ISO, GDPR, FedRAMP, and Cloud Security Alliance STAR certifications,
• Advanced firewalls, intrusion detection and prevention systems,
• Encryption of sensitive data in transit and at rest,
• Regular penetration testing and vulnerability scanning.

These capabilities are documented in defend-id’s Breach Response and Infrastructure materials.

defend-id’s reliance on certified third-party providers does not diminish your responsibility to maintain secure passwords, protect devices, and promptly report suspected unauthorized activity.

21. Privacy Policy

Your use of the Services is also governed by defend-id’s Privacy Policy, which explains:

• What information we collect,
• How it is used,
• With whom it may be shared,
• How long it may be retained,
• Your rights and choices.

In the event of any conflict between these Terms and the Privacy Policy, the Privacy Policy governs matters involving personal information.

22. Governing Law & Venue

These Terms are governed by the laws of the State of Connecticut, without regard to conflict-of-law principles.

Any legal actions, claims, or disputes shall be brought exclusively in the state or federal courts located in Hartford County, Connecticut, and you consent to personal jurisdiction in those courts.

23. Force Majeure

defend-id shall not be liable for delays or failure to perform any obligation under these Terms when such delay or failure results from events beyond defend-id’s reasonable control, including:

• Natural disasters,
• War, terrorism, or civil unrest,
• Power outages or telecommunications failures,
• Failures of third-party vendors or credit bureaus,
• Labor disputes,
• Governmental actions or regulatory changes.

24. Entire Agreement

These Terms, together with defend-id’s Privacy Policy, Summary of Benefits, and any plan-specific enrollment terms, constitute the entire agreement between you and defend-id regarding use of the Services.

These Terms supersede all prior agreements, representations, and understandings related to the Services.

25. Severability

If any provision of these Terms is found unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

26. Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of that term or any other term. defend-id’s failure to assert a right or enforce a provision does not constitute a waiver.

27. Survival

The following provisions survive termination of your Services:

• Disclaimer of warranties;
• Limitation of liability;
• Indemnification obligations;
• Intellectual property rights;
• Governing law and jurisdiction;
• Any other provision intended to survive termination.

28. Contact Information

For questions about these Terms or your Services: defend-id Customer Care
Email: support@defend-id.com
Phone: (as listed on your membership materials)