1. Who We Are
IOLTAWatch is a product of Verona Strategic LLC, a Florida limited liability company ("Company," "we," "us," or "our"). References to "IOLTAWatch" or the "Service" mean the web application available at ioltawatch.com and any related software, tools, and communications provided by us.
2. What the Service Does
IOLTAWatch is an automated monitoring and reconciliation tool. The Service:
- Connects to your IOLTA trust account via Plaid's read-only API to retrieve your bank balance nightly;
- Compares that balance against ledger totals and client sub-ledger balances you provide;
- Sends you an alert by email if a discrepancy is detected;
- Generates a reconciliation worksheet in a format designed to support compliance with your state bar's trust account rules.
3. Attorney's Responsibility
You are solely responsible for:
- Reviewing each reconciliation generated by the Service before treating it as a compliant record;
- Adding outstanding checks, deposits in transit, and any other adjustments required by your state bar's rules;
- Signing and certifying each reconciliation as required by applicable bar rules;
- Ensuring that the ledger data you upload to the Service is accurate and complete;
- Verifying that the Service's output satisfies your specific state bar's current format and retention requirements;
- Complying with all applicable rules of professional conduct, including those governing trust account recordkeeping.
No automated monitoring tool eliminates the attorney's professional responsibility. A discrepancy that occurs between nightly reconciliation runs, a failure in email delivery, or a data entry error on your part remains your responsibility.
4. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
- WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
- WARRANTIES THAT ALERTS WILL BE DELIVERED WITHIN ANY PARTICULAR TIMEFRAME;
- WARRANTIES THAT THE SERVICE'S OUTPUT WILL SATISFY ANY STATE BAR'S SPECIFIC FORMAT OR COMPLIANCE REQUIREMENTS.
We do not warrant that any particular reconciliation worksheet generated by the Service will be accepted by any state bar, regulatory body, or court as a compliant record.
5. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
- THE COMPANY'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM;
- IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF PROFESSIONAL LICENSE OR STANDING, BAR DISCIPLINE, OR REPUTATIONAL HARM, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages. In such jurisdictions, the above limitations apply to the fullest extent permitted by law.
6. Alert Delivery and Bank Data Synchronization
The Service is designed to send email alerts when a reconciliation discrepancy is detected during the nightly reconciliation run, which is scheduled for approximately 2:00 AM Eastern Time. Alert delivery depends on third-party email infrastructure and is not guaranteed. You should not rely on IOLTAWatch as your sole means of detecting trust account discrepancies. The Company is not liable for any harm resulting from a failure to deliver, a delay in delivering, or the misdirection of any alert email.
Bank data synchronization: The Service retrieves your bank balance via Plaid. Plaid connections may expire, be revoked, or fail due to factors outside our control, including bank-side maintenance, security re-authentication requirements, or Plaid service interruptions. If a synchronization failure prevents the Service from retrieving your bank balance, the nightly reconciliation for that period will not complete and no alert will be generated. The Service will notify you by email if a Plaid connection failure is detected; however, such notification is not guaranteed. You are responsible for monitoring your Plaid connection status in your dashboard and for initiating re-authentication promptly when prompted. The Company is not liable for any harm arising from a failure of the Plaid connection, a Plaid service interruption, or a missed reconciliation resulting from a synchronization failure.
7. Billing, Subscriptions, and Refunds
The Service is billed as a monthly subscription at the rate displayed at the time of your registration. By providing your payment information, you authorize the Company to charge your payment method on a recurring monthly basis until you cancel.
30-Day Money-Back Guarantee: If you are not satisfied with the Service, you may request a full refund of your first month's subscription fee within 30 calendar days of your initial payment date by emailing support@ioltawatch.com. After 30 days, all charges are final and non-refundable except as required by applicable law. The guarantee applies only to the first month's fee and does not apply to subsequent monthly charges.
You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. You will retain access to the Service through the end of the period for which you have paid.
8. Data, Privacy, and Retention
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
Bank data: The Service accesses your bank account in read-only mode via Plaid. We do not store your bank login credentials. We store an encrypted Plaid access token sufficient to retrieve your balance and transaction data.
Active subscription — data retention: While your subscription is active, the Company retains your reconciliation records for the duration of your subscription. The Company makes commercially reasonable efforts to retain these records for the period required by your applicable state bar rules; however, this retention is not guaranteed and is contingent on your continued subscription.
On cancellation: Upon cancellation of your subscription, your account access is disabled at the end of the paid billing period. Your reconciliation records are retained indefinitely following cancellation to support your ongoing bar compliance obligations. You may export all reconciliation PDFs at any time before or after cancellation by logging in or by contacting support@ioltawatch.com. To request permanent deletion of your data, contact privacy@ioltawatch.com — deletion requests are fulfilled within 30 days, subject to any legal retention obligations. You are solely responsible for exporting and retaining copies of your reconciliation records to satisfy your state bar's recordkeeping requirements. The Company recommends exporting all reconciliation PDFs prior to cancellation.
Legal compulsion: In the event the Company receives a legally binding subpoena, court order, or other compulsory legal process requiring disclosure of your data, the Company will comply with such process. The Company will notify you of such a request to the extent permitted by law and not prohibited by the applicable legal process.
9. Security Incidents
In the event of a confirmed security incident involving unauthorized access to your data, the Company will notify you by email within 72 hours of our determination that a breach has occurred, or sooner if required by applicable law. Notification will be sent to the email address associated with your account. The 72-hour period begins upon our internal determination that a breach has occurred, not upon the date of the incident itself.
10. Acceptable Use
You agree not to use the Service to:
- Violate any applicable law or regulation;
- Attempt to gain unauthorized access to any system or data;
- Transmit malicious code or interfere with the Service's operation;
- Resell or sublicense access to the Service without written permission.
The Company reserves the right to suspend or terminate your account immediately for violation of these restrictions.
11. Termination
Either party may terminate the subscription at any time. The Company reserves the right to suspend or terminate your access to the Service immediately, without prior notice, if you breach these Terms or if the Company discontinues the Service. Upon termination, your right to access the Service ceases immediately. Data deletion following termination is governed by Section 8.
12. Changes to These Terms
The Company may update these Terms from time to time. We will notify you of material changes by email to the address associated with your account at least 14 days before the changes take effect. Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must cancel your subscription before the effective date.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Florida, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally shall be submitted to binding arbitration in Miami-Dade County, Florida, administered by the American Arbitration Association under its Commercial Arbitration Rules, Expedited Procedures. The parties acknowledge that Customer's use of the Service is in a professional and commercial capacity and that these Terms constitute a commercial agreement. Each party shall bear its own attorneys' fees. Nothing in this section prevents either party from seeking emergency injunctive relief in a court of competent jurisdiction.
14. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
15. Contact
Questions about these Terms: support@ioltawatch.com