LEGAL
Terms of Service
Effective May 14, 2026
The terms governing use of the Expunge Data platform, including services performed, certificates issued, and client portal access.
1. Services
ExpungeData (a service of FitzgeraldTech LLC, "Provider") provides automated IT asset disposition services including hardware inventory, data sanitization, certificate generation, and document retention. Sanitization is performed in accordance with NIST SP 800-88 Revision 2 and IEEE 2883-2022.
2. Service Tiers
- Standard Sanitization: Uses our proprietary ExpungeData sanitization engine with full verification.
- Certified Sanitization: Uses ADISA-certified WipeOS for enhanced compliance requirements.
- Network Sanitization: Uses our Revoke tool for vendor-specific factory reset of network equipment.
3. Certificates
Sanitization certificates are generated with tamper-evident cryptographic hashes and QR codes for online verification. Certificates remain verifiable for the duration of our data retention period (7 years).
4. Client Portal
Access to the Client Portal is provided via magic link authentication. Portal access allows viewing of job status, device inventories, environmental impact reports, and certificate downloads for jobs associated with your organization.
5. Client Responsibilities
Before transferring equipment to Provider, client is responsible for:
- Verifying that the equipment delivered is intended for sanitization and disposition (no equipment delivered in error).
- Backing up any data that client may wish to preserve. Sanitization is permanent and irreversible.
- Recording any passwords, encryption keys, BitLocker recovery keys, or other access credentials needed for future use. Provider does not preserve credentials.
- Ensuring legal authority to authorize sanitization of all equipment delivered, including any third-party data resident on that equipment.
- Determining whether the documentation produced by Provider satisfies client's regulatory, contractual, or audit obligations. Provider does not provide legal, regulatory, or compliance advisory services.
6. Warranty Disclaimer
Except as expressly stated in these Terms, the services and any reports issued are provided "as is" and "as available," without warranty of any kind, whether express or implied. To the fullest extent permitted by law, Provider disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Provider does not warrant that any specific data, in any specific location on any specific media, will be unrecoverable by every means now known or later developed. References on reports to NIST SP 800-88 and IEEE 2883 indicate alignment with published guidelines; such alignment is self-attested and has not been independently certified by NIST, IEEE, any government agency, or any other accrediting body. The Standard Sanitization tier does not currently claim alignment with ISO/IEC 27040:2024.
7. Limitation of Liability
Provider performs sanitization in accordance with the standards referenced above and produces tamper-evident reports as documentation of the process performed. Provider is not liable for data recovery attempts by third parties on equipment processed through Provider's verified sanitization pipeline.
To the fullest extent permitted by law, Provider's total cumulative liability arising out of or relating to these Terms or the services performed shall not exceed the greater of (i) the total fees paid by client to Provider in the twelve (12) months preceding the event giving rise to the claim, or (ii) one thousand US dollars (USD $1,000).
Provider shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of business opportunity, business interruption, loss or corruption of data, or loss of goodwill, regardless of the form of action and regardless of whether Provider has been advised of the possibility of such damages.
Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, or any other liability that cannot be excluded under applicable law.
8. Force Majeure
Provider shall not be liable for any failure or delay in performance under these Terms to the extent caused by events beyond Provider's reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, governmental action, pandemic, fire, flood, power or telecommunications failure, supply chain disruption, or the failure of third-party service providers (including hosting, network, or shipping providers). Performance obligations are suspended for the duration of the force majeure event.
9. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict-of-laws provisions. The parties consent to the exclusive jurisdiction of the state and federal courts located in Tarrant County, Texas for any dispute arising out of or relating to these Terms or the services performed.
10. Contact
For questions about these terms, contact us at info@expungedata.com.