Terms of Service
Summary (plain language)
DeskCouncil is a tool and a gateway. It helps you work with documents on your own computer and routes your requests to a third-party AI service (DigitalOcean's serverless inference). We are not the AI provider. We do not create the AI, and the AI service's privacy and zero-data-retention practices are DigitalOcean's, not ours — we simply give you a gateway to it and meter your usage for billing. DeskCouncil is not a lawyer, not a doctor, not a law or medical practice, and does not give legal or medical advice. Everything the AI produces can be wrong, incomplete, or misleading. You are the professional. You are solely responsible for reviewing, verifying, and deciding what to do with anything the Software produces. Do not submit protected health information (PHI). This summary is for orientation only; the binding terms are below.
1. Acceptance; authority; how you agree
By creating an account, installing, or using the Software, you agree to these Terms. If you do not agree, do not use the Software. During sign-up you will be asked to separately affirm specific Key Acknowledgments (Section 16). We record each affirmation, with the date, time, IP address, and the version of these Terms you agreed to (see Section 17, Records of Consent).
You represent that you are at least 18, are using the Software in a professional capacity, and — if you accept on behalf of a firm, practice, or organization — that you have authority to bind that organization to these Terms. If you lack that authority, do not accept these Terms.
2. Definitions
- AI Output — any text, edit, redline, summary, citation, draft, or other result generated by or through an AI model accessed via the Software.
- AI Provider — the third-party inference provider the Software routes requests to, currently DigitalOcean (and the model vendors, such as Anthropic and OpenAI, whose models DigitalOcean makes available). The AI Provider — not the Company — provides the AI service and its data-handling (including any zero-data-retention) practices.
- BYO-Key Mode — you supply and use your own AI Provider API key; your device communicates directly with the AI Provider; you pay the AI Provider directly; you pay us no fee.
- Service-Fee Mode — you use prepaid Service Credits with us; your requests transit the Company's gateway/relay to the AI Provider; we meter usage and add a service fee.
- Service Credits — the prepaid, non-transferable balance you buy to use the Service in Service-Fee Mode (Section 6). Service Credits are a means of accessing the Service, not a general-purpose stored-value or gift instrument.
- PHI — "protected health information" as defined under HIPAA (individually identifiable health information).
- Your Content — the files, prompts, and data you point the Software at or submit.
- Provider Policies — the AI Provider's then-current terms, acceptable-use, and data-privacy policies, incorporated by reference (see Section 22).
3. What the Software is — and is not
3.1 A tool, not a provider of professional services. The Software does not practice law or medicine, does not provide legal, medical, financial, or other professional advice, and is not a substitute for the independent professional judgment of a licensed attorney or clinician.
3.2 No professional relationship. Using the Software creates no attorney–client, physician–patient, fiduciary, or other professional relationship between you and the Company. We are not your lawyer or your doctor.
3.3 No reliance. AI Output is not advice and must not be relied upon as such. You must independently verify every fact, citation, figure, and recommendation before using it. The Software's citation and verification features are aids, not guarantees of accuracy.
3.4 You remain the responsible professional. You are solely responsible for complying with all laws and with your own professional, ethical, licensing, confidentiality, and privilege obligations (including, for attorneys, rules on competence, supervision, confidentiality, and the unauthorized practice of law; and for clinicians, applicable standards of care and patient-privacy law). You are responsible for ensuring you are permitted to process Your Content (including any client, patient, or third-party data) through the Software and any AI Provider, and for obtaining any necessary consents.
4. The AI is fallible — assumption of risk
4.1 AI models can and do produce output that is inaccurate, fabricated ("hallucinated"), outdated, biased, incomplete, or otherwise unsuitable, including invented citations, quotations, names, dates, and figures.
4.2 You knowingly assume all risk arising from your use of the Software and any reliance on AI Output. You acknowledge that the Company does not control and is not responsible for the content, accuracy, behavior, availability, or data practices of any AI Provider or AI model.
5. Two modes; our role and the data flow in each
5.1 BYO-Key Mode (no fee; direct to the AI Provider). If you use your own AI Provider key: (a) no fee is charged for provider access, and no service-level, uptime, or paid-support commitment applies; (b) your device communicates directly with the AI Provider, and your requests do not transit the Company's servers; (c) your relationship for the AI itself is solely between you and your AI Provider, under the Provider Policies; and (d) you are responsible for your key, your spending with the AI Provider, and all consequences of your use. The Software is otherwise provided to you as-is (Section 12), and our liability in BYO-Key Mode is limited as stated in Section 13.
5.2 Service-Fee Mode (we are a metered gateway). If you use prepaid Service Credits, we act as a metered gateway/relay: your request passes through our relay to the AI Provider, the result is returned to you, we meter usage, and we charge the AI Provider's usage cost plus a service fee (currently 7.5%). We are not the author, publisher, or guarantor of AI Output and take no responsibility for it. The service fee buys metering, routing, and access convenience — not any warranty as to AI Output, accuracy, fitness, or outcome. The AI Provider's usage cost is a separately identified third-party usage-cost component; it is passed through to the AI Provider, is non-recoverable, and is excluded from our liability (Section 13.2). Our only financial exposure to you is the service fee (margin) we retain.
6. Billing and Service Credits (Service-Fee Mode)
6.1 Prepaid Service Credits. You buy Service Credits in advance (minimum $20). We meter each request and debit your Credits for the AI Provider's usage cost plus the service fee. Per-request receipts are shown in the app. Service Credits are non-transferable: they may not be transferred to another person or account, withdrawn as cash, or used for person-to-person payments; they are only a means of accessing the Service.
6.2 Metering. Our server-side metering is our record of usage and charges and is prima facie evidence of your usage, subject to your right to dispute demonstrable errors (Section 6.6). We reserve worst-case cost before each request and settle the actual cost afterward.
6.3 No negative balance; no extension of credit. The Service stops before your Credits are exhausted; we do not extend credit. If, due to provider reporting or technical error, costs exceed your Credits, we absorb the difference — you are never billed beyond your prepaid Credits for AI usage.
6.4 Fees, taxes, refunds, and expiration. Service fees are as shown at purchase and may change prospectively. You are responsible for applicable taxes. Amounts already spent on AI processing are passed through to the AI Provider and are non-refundable. This is a prepaid metered service, not a subscription — there is no auto-renewal, no free trial, and no recurring charge. Service Credits do not expire. If the Company terminates the Service for convenience or permanently discontinues it, we will refund your unused Service Credits (Section 19).
6.5 Payment processing. Payments are handled by Stripe; your card data is processed by Stripe under its terms, not stored by us.
6.6 Billing corrections. Notwithstanding any other provision, you may dispute an unauthorized or demonstrably erroneous charge, and we will correct verified billing errors. This right to correct billing errors survives the exclusion of pass-through AI-usage costs from our liability cap.
7. Privacy, data handling, and the zero-retention posture
7.1 Local-first. Your files are stored and worked on on your device. The Software reads your files locally; they are not uploaded to us as a repository.
7.2 What crosses the wire, and to whom. To answer a request, the Software sends the content a task needs to the AI Provider (DigitalOcean) for inference. In BYO-Key Mode this goes directly from your device to the AI Provider. In Service-Fee Mode it passes through the Company's gateway in transit on its way to the AI Provider; we transmit it to fulfill your request and do not store, copy, retain, or use the content of your requests or the AI Output, and we do not log request content (we log usage metadata only). Every send is recorded in your local activity log on your device.
7.3 Zero data retention is the AI Provider's practice, not our warranty. The AI Provider (DigitalOcean) states that it does not retain inputs or outputs for interactive inference. That zero-data-retention guarantee is DigitalOcean's, and the Company makes no independent representation or warranty of zero retention. We are a gateway that routes your Service-Fee requests to DigitalOcean's zero-retention inference endpoints and monitors usage for billing only; we do not collect or retain your AI data. Questions about the AI Provider's data-retention practices should be directed to the AI Provider, and are governed by the Provider Policies (currently published at docs.digitalocean.com/products/inference/details/data-privacy). We provide reference materials and links to those practices for your convenience.
7.4 Optional Batch feature — not zero-retention. Any optional Batch-processing feature is not zero-retention: the AI Provider retains batch output/error files for approximately 29–30 days, and the AI Provider offers no early-delete function, so that window cannot be shortened. Batch is therefore off by default, decoupled from matter folders, intended for research/non-confidential data only, clearly labeled as non-ZDR, and used only after you affirmatively accept a non-ZDR acknowledgment. Do not run Batch over confidential or privileged content.
7.5 What we store. In Service-Fee Mode we store billing and account metadata — account and authentication details; usage metadata (model, unit/token counts, cost, timestamps, matter label you assign); payment metadata (via Stripe); consent records (identifier, typed name, timestamp, IP, user-agent, document version/hash); and support, transaction, security, fraud-prevention, and incident records — never your documents, prompts, or AI Output. See the DeskCouncil Privacy Policy and, for business customers, the Data Processing Addendum.
7.6 Your compliance. You are responsible for determining whether your transmission of Your Content (including privileged, confidential, or regulated data) to any AI Provider is permitted and for obtaining any required consents. The Software's architecture is designed to support confidentiality, but you make the final determination for your matters.
8. Healthcare and other regulated data; no PHI
8.1 No PHI. The Service is not configured for HIPAA and the Company does not offer a Business Associate Agreement. You must not submit PHI (protected health information) through the Software. The Medical vertical and any healthcare-related features are provided for non-PHI purposes only (for example, de-identified research, education, and general drafting), unless and until the Company offers an approved "Healthcare Mode" under a signed BAA and HIPAA program.
8.2 High-risk uses prohibited. You will not use the Software or AI Output: for emergencies; as the sole basis for diagnosis, treatment, or dosage decisions; for autonomous legal filing; as the sole basis for calculating deadlines or limitations periods; for reliance on any citation without opening and reviewing the original source; in life-critical workflows or any circumstance where a delay or error could immediately cause death or serious bodily injury; or in any manner that would make the Software regulated clinical decision-support or medical-device software, unless separately approved in writing by the Company.
8.3 Other regulated data. You are responsible for ensuring that your use complies with any sector-specific laws applicable to Your Content, and for not submitting categories of data the Service is not approved to handle.
9. Acceptable use; accounts and security
9.1 Acceptable use. You will not: use the Software for unlawful purposes; violate any third party's rights; attempt to breach security or reverse-engineer the security boundary; resell, sublicense, or provide access to the Service to third parties except as expressly permitted; circumvent, disable, or bypass metering, billing, or usage limits; scrape or use automated means to extract data from the Service beyond its intended interfaces; copy the Software except as expressly permitted; or access the Service using another user's account or credentials. You will comply with the Provider Policies.
9.2 Account security. You are responsible for safeguarding your account credentials and API keys, for enabling available security features (including multi-factor authentication where offered), for all activity under your account, for your authorized users, and for promptly revoking access when personnel leave. You will not share credentials. You will notify us promptly of any suspected unauthorized access.
10. Intellectual property and content
10.1 License to you. Subject to these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Software for your internal professional use.
10.2 Company IP. The Software, and all intellectual property in it, are and remain the Company's (and its licensors'). No rights are granted except as expressly stated.
10.3 Your Content. You retain all rights in Your Content. You grant the Company only the limited license needed to operate the Software and transmit Your Content to the AI Provider to perform the requests you initiate. The Company does not use Your Content, prompts, or AI Output to train, retrain, or fine-tune any model.
10.4 AI Output. As between you and the Company, you may use AI Output subject to these Terms and the Provider Policies; AI Output is provided on a non-exclusive basis (identical or similar output may be generated for others), and the Company makes no representation that AI Output is original, copyrightable, or non-infringing.
10.5 Feedback. If you give us feedback, you grant us a perpetual, royalty-free license to use it.
10.6 Third-party and open-source components are licensed under their own terms.
11. Service operation; third-party dependencies
11.1 Provider dependency. The Service depends on the AI Provider and other third parties. The Company may substitute, add, deprecate, or discontinue models or providers, and their availability and behavior are outside the Company's control.
11.2 No SLA. Except for a service level expressly purchased in writing, the Service is provided without any uptime or availability commitment; maintenance, downtime, and interruptions may occur.
11.3 Beta features. Features designated beta or experimental are provided as-is and may be changed or withdrawn.
11.4 Force majeure. The Company is not liable for delays or failures caused by events beyond its reasonable control.
12. Warranty disclaimer
THE SOFTWARE, THE SERVICE, AND ALL AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SOFTWARE OR AI OUTPUT WILL BE ACCURATE, RELIABLE, COMPLETE, ERROR-FREE, UNINTERRUPTED, SECURE, OR FIT FOR YOUR PROFESSIONAL USE. THE COMPANY MAKES NO WARRANTY REGARDING THE AI PROVIDER, INCLUDING ITS DATA-RETENTION PRACTICES, WHICH ARE GOVERNED BY THE PROVIDER POLICIES. NO ADVICE OR INFORMATION OBTAINED FROM THE SOFTWARE CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
13.1 THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST DATA, LOSS OF GOODWILL, MALPRACTICE LIABILITY, SANCTIONS, BUSINESS INTERRUPTION, OR PROFESSIONAL OR REPUTATIONAL HARM, ARISING OUT OF OR RELATED TO THE SOFTWARE, THE SERVICE, OR ANY AI OUTPUT, EVEN IF ADVISED OF THE POSSIBILITY.
13.2 Aggregate cap. THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SOFTWARE OR SERVICE — WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, NEGLIGENT MISREPRESENTATION, STRICT LIABILITY, RESTITUTION, STATUTE, OR ANY OTHER THEORY — WILL NOT EXCEED THE GREATER OF (a) THE SERVICE FEES (OUR MARGIN) WE ACTUALLY RETAINED FROM YOU DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) US $500 (the "Minimum Floor"), IN EACH CASE EXCLUDING ANY AMOUNTS PASSED THROUGH TO THE AI PROVIDER FOR AI PROCESSING. THE COST OF AI PROCESSING YOU CONSUMED IS A THIRD-PARTY PASS-THROUGH; IT IS NON-RECOVERABLE, EXCLUDED FROM OUR LIABILITY, AND NOT OUR RESPONSIBILITY. IN BYO-KEY MODE, WHERE YOU PAY US NO FEE, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE MINIMUM FLOOR (OR THE MINIMUM PERMITTED BY LAW).
13.3 Carve-outs. Nothing in this Section limits liability that cannot lawfully be limited, or liability for fraud, willful misconduct, or gross negligence; the Company's intellectual-property indemnification obligations (if any); or the Company's obligations to correct verified billing errors (Section 6.6).
13.4 Allocation of risk. You acknowledge these limitations reflect a reasonable allocation of risk and are an essential basis of the bargain, and that the fees (or absence of fees) would be materially different without them.
14. Indemnification
14.1 Your indemnity. You will defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Software or AI Output; (b) your reliance on, or use of, any AI Output in your professional work or with your clients/patients; (c) Your Content; (d) your violation of these Terms, any law, or any third-party right (including any professional, ethical, confidentiality, privilege, or privacy obligation); or (e) any claim by your client, patient, or any third party arising from your use of the Software.
14.2 Exclusion for Company fault. Your indemnity does not apply to the extent a claim arises from the Company's own breach of these Terms, gross negligence, fraud, or willful misconduct, or is subject to a comparative-fault allocation where the Company contributed to the loss.
14.3 Procedure. The Company will (a) promptly notify you of the claim (late notice excuses you only to the extent you are prejudiced); (b) allow you to control the defense and settlement with counsel reasonably acceptable to the Company; and (c) reasonably cooperate at your expense. You will not settle any claim in a way that imposes any obligation or admission on the Company without its prior written consent, and the Company may participate with its own counsel at its own expense.
15. Non-reliance; professional responsibility
You expressly acknowledge and agree that: (a) the Company is a software/gateway provider only; (b) the Company has made no representation that the Software or AI Output is suitable for any legal, medical, or professional purpose; (c) you, not the Company, bear sole professional responsibility for any work product, filing, advice, diagnosis, decision, or action you take using or informed by the Software; and (d) you will not assert that the Company is responsible for your professional judgment, your compliance obligations, or any outcome of your work.
16. Key Acknowledgments (separately affirmed at sign-up)
At sign-up (and on each material change), you will separately affirm each of the following. Each is recorded individually with timestamp, IP address, and Terms version (Section 17).
- K1. I understand AI Output can be wrong, fabricated, or incomplete, and I must independently verify everything before relying on it.
- K2. DeskCouncil is not a law firm, medical practice, lawyer, or doctor, and gives me no legal or medical advice; using it creates no professional relationship.
- K3. DeskCouncil is a tool and a gateway only, and the Company takes no responsibility for AI Output or for what I do with it.
- K4. I assume all risk of using DeskCouncil and any AI model accessed through it.
- K5. The Software is provided "AS IS," with no warranties of any kind, and any zero-retention guarantee is the AI Provider's, not the Company's.
- K6. The Company's liability is limited as stated in Section 13.
- K7. I will indemnify the Company as stated in Section 14.
- K8. I remain solely responsible for my own professional, ethical, confidentiality, privilege, and licensing obligations, and for ensuring I am permitted to process my files and any client/patient data through the Software and any AI Provider.
- K9. I will not submit PHI (protected health information), and I will not use the Software for the prohibited high-risk uses in Section 8.
- K10 (BYO-Key users). I am using my own AI key; I pay the Company no fee, my requests go directly to the AI Provider, and the Software is provided with no service-level or paid-support commitment.
- K11 (organization signers). I have authority to bind the firm, practice, or organization identified in this account.
17. Records of consent (electronic signature)
17.1 You agree that your electronic affirmations and typed name constitute your electronic signature under applicable e-signature law (e.g., U.S. ESIGN Act / UETA) and have the same effect as a handwritten signature.
17.2 You consent to our recording and retaining, for each Key Acknowledgment and each version of these Terms you accept: your account identifier and verified email; your firm/practice name; your typed name; your role and representation of authority; the date and time (with timezone), your IP address, and user-agent; the application and sign-up-flow version; the checkbox and button events; the content hash/version of each document you agreed to (Terms, Privacy Policy, and any incorporated document); a snapshot or archived representation of the exact text and screens presented; your confirmation email; and your arbitration opt-out status.
17.3 The Company may use these records as evidence of your assent, subject to applicable evidentiary rules.
18. Changes to the Terms
We may update these Terms prospectively. For material changes, we will require you to re-affirm the Key Acknowledgments before continued use; the consent ledger records each version separately.
19. Suspension and termination
19.1 We may suspend or terminate access for breach, suspected abuse, non-payment, or legal/security reasons. You may stop using the Software at any time.
19.2 Effect on Service Credits. If the Company terminates the Service for convenience or permanently discontinues it, we will refund your unused Service Credits (amounts already spent on AI processing are non-refundable). Termination for your breach does not entitle you to a refund except as required by law.
19.3 Survival. Sections that by their nature should survive — including 2 (Definitions), 3, 4, 6 (billing/credits, including 6.6), 7 (privacy), 8, 10 (IP), 12 (disclaimer), 13 (liability), 14 (indemnification), 15, 16–17 (acknowledgments/consent), and 20–22 (dispute resolution, governing law, general) — survive termination.
20. Dispute resolution
20.1 Informal negotiations first. Before initiating arbitration, the parties will attempt to resolve any dispute, controversy, or claim relating to these Terms (a "Dispute," excluding the Exceptions in Section 20.6) through informal negotiations for at least thirty (30) days, beginning on written notice. The applicable limitations period is tolled during this negotiation period.
20.2 Binding arbitration — commercial, business-to-business. If a Dispute is not resolved through informal negotiations, it will be finally and exclusively resolved by binding arbitration — you and the Company understand you would otherwise have the right to sue in court and to a jury trial, and waive those rights. Because the Software is licensed and used solely for professional and commercial purposes (Section 1), and each party enters these Terms in the course of its business, trade, or profession, any arbitration is a commercial, business-to-business arbitration governed by commercial arbitration rules — not consumer arbitration rules. The arbitration is administered by New Era ADR under its Commercial Arbitration Rules then in effect, applying its Expedited procedure where available. This arbitration clause is governed by the Federal Arbitration Act and, secondarily, Florida law. Any arbitration or mediation shall take place remotely or in a mutually agreed-upon location.
20.3 Delegation. The arbitrator has exclusive authority to resolve any dispute about the scope, applicability, enforceability, interpretation, or arbitrability of this arbitration agreement, except that a court may decide questions of contract formation and may enforce the class-action waiver.
20.4 Hearing format. The arbitrator will determine whether a hearing is necessary and may conduct any hearing by video or telephone using New Era's expedited/virtual procedures; the parties need not appear in person unless the arbitrator directs.
20.5 Costs and fees (commercial allocation). Because this is a business-to-business commercial arbitration, arbitration fees — including filing, administrative, and arbitrator fees — are borne and shared by the parties as provided by New Era's Commercial Arbitration Rules and applicable law, and each party bears its own attorneys' fees and costs, except that the arbitrator may award fees and costs against a party that asserts a claim or defense the arbitrator finds frivolous, in bad faith, or brought for an improper purpose, or as applicable law otherwise requires. Consumer fee-shifting does not apply. Only if, and to the minimum extent, a court or the arbitrator finds such an allocation legally necessary to render this arbitration agreement enforceable will the Company advance or pay the portion of fees so required — a narrow fallback to preserve enforceability, not a general shifting of costs to the Company.
20.6 Exceptions (narrow). Only the following are not subject to arbitration: (a) an application for temporary or emergency relief to preserve the status quo pending arbitration; (b) an individual claim within the jurisdiction of a small-claims court; and (c) a claim concerning the ownership or infringement of intellectual-property rights. A request for injunctive or emergency relief does not remove the underlying damages Dispute from arbitration. Any court matter permitted here shall be brought exclusively in the state and federal courts located in Sarasota County, Florida (federal: the U.S. District Court for the Middle District of Florida), and the parties consent to that jurisdiction and waive any objection based on venue or forum non conveniens.
20.7 Class-action / representative waiver. To the fullest extent permitted by law, arbitration is limited to the Dispute between the parties individually: no arbitration may be joined with another; there is no right to arbitrate on a class-action basis or to use class procedures; and there is no right to bring a Dispute in a representative capacity. If this waiver is held unenforceable as to a particular claim, that claim shall proceed in court, but the remainder of this Section 20 remains in effect.
20.8 Opt-out. You may opt out of arbitration within thirty (30) days of creating your account by emailing legal@JumpingAhead.com with your name and the subject line "Arbitration Opt-Out." We will confirm and record receipt of a timely opt-out.
20.9 Time limit. To the extent permitted by law, any action or proceeding relating to the Services must be commenced within two (2) years after the cause of action arose.
20.10 Fallback and enforcement. If New Era ADR is unavailable or unable to administer, a substitute arbitrator will be appointed under the Federal Arbitration Act. Judgment on the award may be entered in any court of competent jurisdiction. If any part of this Section 20 (other than the class-action waiver, governed by 20.7) is found unenforceable, it shall be severed and the remainder enforced.
21. Governing law
These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws principles. Application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Computer Information Transactions Act (UCITA) is excluded. Court venue for any matter not subject to arbitration is the state and federal courts located in Sarasota County, Florida (see Section 20.6).
22. General
22.1 Entire agreement; order of precedence. These Terms, together with any order form, the Privacy Policy, and (if executed) a DPA or BAA, are the entire agreement. In case of conflict, the following order controls: (1) a signed order form or BAA/DPA; (2) these Terms; (3) the Privacy Policy. The Provider Policies are incorporated by reference and may be updated by the AI Provider from time to time.
22.2 No third-party beneficiaries. These Terms create no rights in any third party (including your clients or patients).
22.3 Export and sanctions. You represent that you are not located in, and will not use the Software in violation of, applicable export-control or sanctions laws.
22.4 Notices. Notices to you will be sent to the email associated with your account; notices to the Company must be sent to legal@JumpingAhead.com.
22.5 Miscellaneous. No waiver; severability (an unenforceable provision is limited to the minimum extent necessary and the rest remains in effect); assignment by the Company permitted, by you only with consent; the parties are independent contractors. Headings are for convenience only.
Questions about these Terms? Contact legal@JumpingAhead.com.