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Palm Beach AI

Terms

Effective Date: [INSERT DATE]
Please Read: This agreement contains a binding arbitration clause, a class action waiver, and an all-sales-final policy.

1. Introduction; Contract Formation

These Terms of Service (“Terms”) form a legally binding agreement (“Agreement”) between Palm Beach AI, LLC, a Florida limited liability company (“Palm Beach AI,” “we,” “us,” or “our”), and you (“you,” “your,” or “User”). By accessing, browsing, or using any website, mobile site, web application, API, or service that links to or references these Terms (collectively, the “Service”), creating an account, clicking “I Agree,” or completing any transaction, you acknowledge that you have read and understood, and agree to be bound by, this Agreement and our Privacy Notice. If you do not agree, do not access or use the Service.

Arbitration & Class Action Waiver: Section 19 requires most disputes to be resolved by individual binding arbitration and prohibits class actions.

2. Definitions

  • “Analysis Service” means the online tool that, for a fee, converts historical market data into backward-looking portfolio-analysis reports using the OpenAI™ API and other third-party technologies.
  • “Custom Work” means bespoke AI chatbots, graphics, videos, software, or similar deliverables created by or through Palm Beach AI following a User’s inquiry through the “Contact” or similar portions of the Service.
  • “Content” means all text, data, graphics, audio, video, code, prompts, and other material (including Output) posted, displayed, or transmitted on or through the Service, whether by Palm Beach AI, Users, or third parties.
  • “Output” means the natural-language, graphical, or other results generated by the Service’s use of the OpenAI API or any other large-language or generative-AI model.
  • “Payment Processor” means Stripe, Inc. and its affiliates or successors, or any replacement payment facilitator we designate.
  • “Report” means a formatted Output delivered to you via the Analysis Service.

3. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction, if higher), and capable of entering into a binding contract, to use the Service. If you use the Service on behalf of an entity, you represent that you have authority to bind that entity.

4. Account Security

You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately of any unauthorized access or suspected breach.

5. Fees; Payment; All Sales Final

  1. Pricing. Prices for the Analysis Service or any Custom Work are displayed at point of purchase or set forth in a separate written quote. Prices may change at any time before purchase.
  2. Payment Processing. All fees are processed by the Payment Processor. You authorize the Payment Processor to charge your selected payment method for all amounts due (including Applicable Taxes) and to share relevant information with us for payment, refund, and compliance purposes.
  3. All Sales Final; No Refunds. ALL SALES ARE FINAL. We do not provide refunds or credits for: partial subscription periods; unused or mis-entered inputs; dissatisfaction with Output; downtime; data-source errors; Custom Work revisions beyond the mutually agreed scope; or any other reason, except where required by law.
  4. Chargebacks. You agree not to initiate chargebacks without first giving us a commercially reasonable opportunity to resolve the issue. You remain responsible for amounts not collected due to chargeback or payment dispute.

6. Service Description; License

  1. Analysis Service. Upon receipt of requisite inputs (start date, end date, ticker symbols) and payment, the Service queries one or more third-party data providers (“Market Data”) and uses the OpenAI API to generate a purely backward-looking Report. We make no guarantee of uninterrupted access to Market Data, the OpenAI API, or subsequent Output.
  2. License to You. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service and to download, display, and store your Reports solely for your internal, non-commercial, informational purposes.
  3. License to Us. You grant us a worldwide, royalty-free license to host, copy, transmit, display, and store any data you submit (“User Input”) for the purpose of providing and improving the Service and to comply with law.
  4. OpenAI Terms. Output is subject to OpenAI’s terms and to any usage- or policy-based restrictions therein. You agree to comply with those terms.

7. Prohibited Conduct

You agree not to:

  • Provide false, misleading, or incomplete inputs or account information.
  • Use the Service to furnish forward-looking investment advice or performance projections.
  • Use Reports or Output to create or distribute investment prospectuses, advertisements, or recommendations.
  • Resell, sublicense, or publicly disseminate Output or any portion of the Service without our written consent.
  • Reverse-engineer, scrape, or harvest data from the Service.
  • Upload malicious code or otherwise interfere with security or operations.
  • Violate any applicable law, regulation, contract, or third-party right.

8. Intellectual Property

  1. Our IP. The Service, including all software, design, “look and feel,” trademarks, and proprietary methods (but excluding User Inputs and third-party content) are the property of Palm Beach AI or its licensors.
  2. Ownership of Output. To the extent you may own or acquire any intellectual-property rights in Output under applicable law, you hereby grant Palm Beach AI a perpetual, worldwide, non-exclusive, royalty-free license to use such Output for Service improvement, internal analytics, and compliance.

9. No Professional or Forward-Looking Advice

  1. Informational Only. Reports are historical, educational, and informational. The Service does not provide investment, legal, tax, accounting, or other professional advice.
  2. No Fiduciary Duty. Palm Beach AI is not (and does not hold itself out as) a registered investment adviser, broker-dealer, or fiduciary. Use of the Service does not create any advisory, fiduciary, or professional relationship.
  3. Future Performance. Reports contain no predictions or projections of future performance. Past performance is not indicative of future results.
  4. Due Diligence. You remain solely responsible for conducting your own due diligence and for all trading or investment decisions.

10. Third-Party Content & Services

Market Data, the OpenAI API, payment services, and other components are provided by third parties (“Third-Party Services”). We neither control nor endorse Third-Party Services and disclaim all liability arising therefrom. Your use of Third-Party Services is at your own risk and subject to their terms.

11. Availability; Modifications

We may modify, suspend, or discontinue all or part of the Service at any time, with or without notice. We are not liable for any downtime, loss of data, or other consequences.

12. Disclaimer of Warranties

THE SERVICE (INCLUDING ALL CONTENT, OUTPUT, MARKET DATA, AND REPORTS) IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, OR THAT OUTPUT WILL BE ACCURATE OR COMPLETE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PALM BEACH AI AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND AGENTS (“PALM BEACH AI PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PALM BEACH AI PARTIES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO PALM BEACH AI FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) US $100.

Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.

14. Indemnification

You agree to defend, indemnify, and hold harmless the Palm Beach AI Parties from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your Inputs, (b) your breach of these Terms, (c) your use of Output or Reports, or (d) your violation of any law or the rights of a third party.

15. DMCA / Copyright Complaints

If you believe any Content infringes your copyright, please send a notice in compliance with 17 U.S.C. §512(c)(3) to: DMCA Agent – Palm Beach AI, LLC, [address], [email].

16. Privacy

Our collection and use of personal data is governed by our Privacy Notice, incorporated herein by reference.

17. Export & Sanctions Compliance

You may not use the Service if you are located in, or are a national or resident of, any country subject to U.S. embargo or sanctions, or if you are on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable export-control and sanctions laws.

18. Force Majeure

We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, natural disasters, power failures, internet outages, governmental actions, labor disputes, or third-party service interruptions.

19. Governing Law; Mandatory Arbitration; Class Action Waiver

  1. Governing Law. This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-laws principles.
  2. Arbitration Agreement. Except (i) for disputes that qualify for small-claims court, or (ii) to seek injunctive relief for IP misuse, all disputes arising out of or relating to the Service or these Terms shall be resolved by final, binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The seat of arbitration shall be Palm Beach County, Florida, and the language shall be English. Judgment on the award may be entered in any court of competent jurisdiction.
  3. Class-Action & Jury-Trial Waiver. YOU AND PALM BEACH AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. YOU WAIVE THE RIGHT TO A JURY TRIAL.
  4. 30-Day Opt-Out. You may opt out of the arbitration agreement by emailing legal@palmbeachai.com with subject line “Arbitration Opt-Out” within 30 days of first accepting these Terms. Your opt-out must include your full name and the email address associated with your account.

20. Changes to These Terms

We may update these Terms at any time. If changes are material, we will post the revised Terms and update the “Effective Date” or provide additional notice as required by law. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

21. Miscellaneous

  • Entire Agreement. These Terms and the Privacy Notice constitute the entire agreement between you and Palm Beach AI regarding the Service.
  • Severability. If any provision is deemed unenforceable, the remaining provisions remain in effect.
  • Waiver. Our failure to enforce any right is not a waiver of future enforcement.
  • Assignment. You may not assign or transfer this Agreement without our written consent; we may assign freely.
  • Independent Contractors. The parties are independent contractors; no partnership, joint venture, or agency is created.
  • Headings. Headings are for convenience only and have no legal effect.

22. Contact Us

Palm Beach AI, LLC
[Insert Mailing Address]
Email: support@palmbeachai.com

Non-Binding Summary

  • All sales are final. No refunds.
  • We only provide historical analysis, not investment advice or projections.
  • Stripe processes payments.
  • Disputes go to individual arbitration in Florida; no class actions.
  • Our liability is capped at US $100 (or what you paid in the last 12 months, if greater).
  • The Service may go down; use at your own risk.