Terms of Service for Paul D. Fitzgerald LLC

Effective Date: May 19, 2025

Please read these Terms of Service ("Terms") carefully before using pauldfitzgerald.com or pauldfitzgerald.net (the "Website") operated by Paul D. Fitzgerald LLC ("we," "our," or "us"). Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Website.

1. Acceptance of Terms

By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Website.

2. Services and AI Output

Our Services include custom AI tools, assistants, and related content. The AI tools generate content based on the inputs you provide and are for informational and creative purposes only. You acknowledge that AI technologies are still experimental and may produce outputs that are inaccurate, biased, or inappropriate ("Hallucinations"). You are solely responsible for verifying the accuracy, legality, and suitability of any AI Output. We do not guarantee any specific results or outcomes from your use of the Services.

3. Prohibited Uses

You agree not to:

• Violate any applicable law or regulation.

• Infringe the rights of any third party.

• Impersonate or misrepresent your affiliation with us.

• Use bots, scrapers, or other automated tools to access the Website.

• Introduce viruses or any other malicious technology.

• Disrupt the normal functionality or security of the Website.

• Submit any sensitive, personal, or confidential information to the Services.

• Use the Services to generate, create, or distribute content that is defamatory, obscene, harassing, illegal, or that violates the intellectual property rights of others.

4. User Responsibilities

You are solely responsible for all content, data, and information you provide to the Services ("User Content"). You represent and warrant that you have all necessary rights to your User Content. You agree to use the Services and any AI Output in a manner that complies with all applicable laws and regulations. You must review and independently verify all AI Output for accuracy, legality, and appropriateness before any use or publication.

5. Intellectual Property

All text, graphics, logos, content, code, images, designs, and other materials on the Website are the property of Paul D. Fitzgerald LLC and are protected by copyright and other applicable laws. You may not copy, reproduce, modify, distribute, publish, transmit, or create derivative works in any form or by any means without our prior written consent.

All prompts, instructions, and other materials we use to create and operate our AI tools and GPTs are the intellectual property of Paul D. Fitzgerald LLC. You retain all rights in your User Content you provide to the Services. However, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and distribute your feedback, suggestions, or ideas for the purpose of improving the Services. With respect to AI Output, your rights are subject to and limited by the intellectual property policy and terms of the underlying AI platform (e.g., OpenAI's Terms of Use).

6. Third-Party Services and AI Platform Dependencies

This Website may include links to third-party sites. We are not responsible for the content, terms, or privacy policies of those sites. Use at your own risk. Our AI tools are built on and depend on third-party AI platforms, models, and services (e.g., OpenAI, Microsoft, Google). You acknowledge and agree that your use of the Services is also governed by the terms, policies, and acceptable use guidelines of these third-party platforms. We are not responsible for the availability, accuracy, or performance of these third-party services. The performance of the AI tools may be affected by changes to the underlying AI models, including "model drift" or changes in their capabilities or limitations. We are not liable for any such changes.

7. No Warranty

The Website is provided "as is" without any warranties, express or implied. We make no guarantees about the accuracy, completeness, or reliability of any content.

8. Limitation of Liability

To the fullest extent permitted by law, Paul D. Fitzgerald LLC shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of or inability to use the Website. Our total aggregate liability for all claims arising out of or relating to these Terms or your use of the Services, whether in contract, tort, or otherwise, is limited to the greater of (a) the amount you paid to us for the Services in the twelve (12) months preceding the event giving rise to the claim, or (b) One Hundred U.S. Dollars ($100). The existence of more than one claim will not enlarge this limit.

9. Indemnification

You agree to defend, indemnify, and hold harmless Paul D. Fitzgerald LLC and its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, your use of any AI Output, or your violation of any third-party rights, including intellectual property rights or privacy rights.

10. Payment and Refunds

All sales are final. Refunds will be provided only in the event of a total service failure on our part.

11. DMCA Policy

If you believe any content infringes your copyright, please contact our DMCA Agent, Paul Fitzgerald, at drpaul@pauldfitzgerald.com with the following: A description of the work you claim is infringed. The exact URL of the content in question. Your name, address, email, and phone number. A statement under penalty of perjury of your good faith belief that use of the content is not authorized.

12. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Kansas, United States. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be submitted to binding arbitration in Johnson County, Kansas. The arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. You and Paul D. Fitzgerald LLC agree to waive the right to a trial by jury and to participate in a class-action lawsuit or class-wide arbitration.

13. Data and Privacy

We collect and maintain only your name and email on our LLC computer. Any purchases made through the services of Systeme.io using electronic payments are covered by their privacy policies. For more information, please refer to their terms.

14. Termination and Suspension

We may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Services will immediately cease.

15. Changes

We reserve the right to modify or update these Terms at any time without notice. Continued use of the Website after changes constitutes your agreement to those changes.

16. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and Paul D. Fitzgerald LLC regarding your use of the Services.

• Severability: If any provision in this Disclaimer is found to be unlawful or unenforceable, that provision shall be severed without affecting the enforceability of the remaining provisions.

• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

• Force Majeure: We are not liable for any failure or delay in performance due to causes beyond our reasonable control, such as acts of God, war, terrorism, riots, embargos, fires, floods, earthquakes, or strikes.

17. Contact Us

If you have questions or concerns about these Terms, please contact: Dr. Paul Fitzgerald at drpaul@pauldfitzgerald.com.