PLEASE READ THESE TERMS OF SERVICE ("TERMS" OR "AGREEMENT") CAREFULLY BEFORE USING THE WEBSITE OR SERVICES OPERATED BY LETMEBEFRAINK, LLC. BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE PLATFORM.
PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION, ARBITRATION PROVISIONS AND CLASS ACTION WAIVER AND ACCEPT ALL OF THE TERMS. YOU MAY NOT USE OR ACCESS OUR PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Article 1. Acceptance of Terms
1.1 Agreement by Use
1.1.1 By accessing, browsing, or using the website located at www.letmebefraink.com (the "Website"), the LetMeBeFrAInk AI-agent infrastructure suite known as SAM, or any related software, tools, features, content, or services offered by LetMeBeFrAInk, LLC, a Delaware limited liability company (the "Company,""we,""us," or "our"), you ("User,""Customer," or "you") acknowledge that you have read, understood, and agree to be bound by these Terms and all policies, guidelines, and supplemental terms incorporated herein by reference. Continued use of the Platform following any update to these Terms constitutes acceptance of the revised Terms.
1.1.2 These Terms constitute a legally binding contract between you and the Company. If you are entering into this Agreement on behalf of a business entity or other organization, you represent and warrant that you have the authority to bind that entity to these Terms, and all references to "you" or "User" shall include such entity.
1.2 Age and Eligibility Requirement
1.2.1 The Platform is intended solely for use by persons who are at least eighteen (18) years of age and who possess the legal capacity to enter into a binding contract. By using the Platform, you represent and warrant that you meet these requirements. If you do not meet these requirements, you must not access or use the Platform.
1.3 Capacity to Contract
1.3.1 By accepting these Terms, you represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you have full legal capacity and authority to enter into this Agreement, either in your individual capacity or on behalf of a duly authorized business entity; (c) your use of the Platform does not violate any applicable law, regulation, or other agreement to which you are a party; and (d) all information you provide to the Company is accurate, current, and complete.
1.4 Updates and Modifications to Terms
1.4.1 The Company reserves the right, in its sole discretion, to amend, modify, or replace these Terms at any time. When material changes are made, the Company will provide notice by posting the revised Terms on the Website with a new "Last Updated" date and, where practicable, by sending an email notification to the address associated with your account. Changes to these Terms shall become effective upon posting unless otherwise stated. Your continued use of the Platform after the effective date of any revision constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must cease using the Platform and may cancel your subscription in accordance with Section 8.4.
Article 2. User Accounts and Registration
2.1 Account Creation Requirements
2.1.1 Access to certain features of the Platform, including the interactive AI chat feature and the SAM subscription suite, requires the creation of a user account. Website visitors may authenticate using Google OAuth single sign-on ("SSO"), at which point the Company receives basic Google account profile information, including your name and email address, solely for the purpose of establishing and maintaining your session. SAM subscribers must create a dedicated account, provide accurate and complete business information, and accept these Terms.
2.1.2 You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete. The Company reserves the right to reject any registration or terminate any account at its discretion.
2.2 Account Security
2.2.1 You are solely responsible for maintaining the confidentiality and security of your account credentials, including any API keys, tokens, passwords, or other access credentials provisioned to you or your AI agents through the SAM suite. You agree to notify the Company immediately at [email protected] upon becoming aware of any unauthorized use of your account or any other breach of security. The Company shall not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.
2.2.2 You are responsible for all activities that occur under your account, whether or not you have authorized such activities. The Company may, in its sole discretion, take any action it deems necessary or appropriate in response to a suspected security breach, including suspension or termination of your account.
2.3 Account Suspension and Termination
2.3.1 The Company reserves the right to suspend, disable, or terminate your account, with or without prior notice, for any of the following reasons: (a) violation of these Terms, including the Acceptable Use Policy set forth in Article 5; (b) failure to pay any fees when due; (c) provision of false or misleading information during registration; (d) conduct that the Company reasonably determines to be harmful to the Company, other users, or third parties; or (e) any other reason the Company deems appropriate in its sole discretion. Upon termination, your right to access and use the Platform shall immediately cease.
2.4 One Account per User; No Account Sharing
2.4.1 Each User is permitted to maintain only one active account. You may not create multiple accounts, transfer your account to another person or entity, or share your account credentials with any third party. Organizational accounts may authorize multiple named users, subject to the applicable subscription tier and the Company's then-current policies. Any attempt to circumvent this restriction may result in immediate account termination without refund.
Article 3. License and Intellectual Property
3.1 Limited License Grant
3.1.1 Subject to your compliance with these Terms and payment of all applicable fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your internal business purposes and in accordance with these Terms. No rights or licenses are granted to you by implication, estoppel, or otherwise, except as expressly set forth herein. Any use of the Platform outside the scope of this license is strictly prohibited.
3.2 Ownership of Platform Intellectual Property
3.2.1 The Platform, including but not limited to the Website, the SAM suite, the frAInk AI character, the proprietary AI governance engine, all algorithms, source code, object code, software libraries (including those distributed for local execution by the Customer), internal prompts, system architecture, APIs, interfaces, databases, data models, documentation, trade secrets, design elements, and all related intellectual property (collectively, the "Company IP"), are and shall remain the exclusive property of the Company and its licensors. Nothing in these Terms shall be construed to transfer or convey any ownership interest in the Company IP to you.
3.2.2 The Company expressly reserves all rights in and to the Company IP not expressly granted in Section 3.1. This includes, without limitation, all patents, copyrights, trademarks, trade secrets, and other proprietary rights, whether now existing or hereafter developed or obtained.
3.2.3 Confidentiality of Non-Public Materials. All non-public aspects of the Platform, including source code, internal prompts, algorithmic logic, system architecture, configuration schemas, and proprietary governance rules (collectively, "Confidential Information"), constitute trade secrets of the Company and shall be treated by you with the same degree of care as you would use for your own most sensitive confidential information, but in no event less than reasonable care. You shall not disclose Confidential Information to any third party without the prior written consent of the Company, and shall use Confidential Information solely as necessary to exercise the license granted in Section 3.1.
3.3 Restrictions on Use
3.3.1 You shall not, directly or indirectly, and shall not permit or facilitate any third party to: (a) copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Company IP; (b) sublicense, sell, resell, rent, lease, transfer, assign, or otherwise exploit or commercialize the Platform or any component thereof; (c) modify, adapt, translate, or create derivative works based on the Platform; (d) use the Platform or any output generated by the Platform to develop, train, or improve any competing product, service, or AI model; (e) circumvent, disable, or otherwise interfere with any security, access control, or usage limitation features of the Platform; (f) use any automated means to access the Platform except as expressly authorized by the Company in writing; (g) access the Platform for benchmarking or competitive intelligence purposes without prior written consent.
3.4 Reverse Engineering Prohibition
3.4.1 You shall not, and shall not permit any third party to, decompile, disassemble, reverse engineer, decrypt, attempt to derive the source code or underlying logic of, or otherwise attempt to extract any trade secrets from any component of the Platform, including any software libraries distributed by the Company for local execution on Customer-controlled infrastructure ("Local Components"). The prohibition in this Section applies to the maximum extent permitted by applicable law.
3.4.2 You acknowledge that the Local Components contain proprietary trade secrets of the Company, that unauthorized reverse engineering would cause irreparable harm to the Company for which monetary damages alone would be an inadequate remedy, and that the Company shall be entitled to seek injunctive or other equitable relief in addition to all other remedies available at law or in equity.
3.4.3 You shall implement and maintain reasonable technical and organizational measures to prevent unauthorized access to, copying, or distribution of Local Components, and shall promptly notify the Company in writing if you become aware of any actual or suspected unauthorized reverse engineering, copying, or distribution of any Company IP.
3.5 Trademark and Branding
3.5.1 The Company owns all right, title, and interest in and to the names "LetMeBeFrAInk,""frAInk,""SAM," and all related logos, trade dress, brand identifiers, and visual assets (collectively, "Marks"), whether or not registered, and reserves all rights therein. Nothing in these Terms grants you any right to use any Mark without the prior express written consent of the Company. Any goodwill arising from your permitted use of the Marks shall inure solely to the benefit of the Company. You shall not register, apply to register, or attempt to register any trademark, service mark, domain name, or other designation that is identical or confusingly similar to any Mark.
3.5.2 If you believe you have a legitimate need to reference the Company by name or to use any Mark for permissible nominative fair use purposes, you must submit a written request to [email protected] prior to any such use. The Company shall respond within a reasonable time and may grant or withhold permission in its sole discretion.
3.6 User-Generated Content License
3.6.1 By submitting, uploading, or otherwise providing any content, data, queries, configurations, agent definitions, or other materials to the Platform ("User Content"), you grant the Company a worldwide, royalty-free, non-exclusive, sublicensable license to host, reproduce, transmit, and process such User Content solely as necessary to provide and maintain the Services to you and as otherwise described in these Terms and the Privacy Policy. This license is granted for the duration of the Agreement and terminates upon the deletion or termination of your account, subject to the Company's data retention practices described in Section 7.5.
3.6.2 You retain all ownership rights in and to your User Content. The Company does not claim ownership of your User Content and will not use your User Content for any purpose beyond providing the Services, except as required by law.
Article 4. Artificial Intelligence Terms
4.1 Description of AI Features
4.1.1 The Platform incorporates artificial intelligence and large language model ("LLM") functionality in three primary capacities: (a) the frAInk character, an AI-powered interactive chat interface available on the public Website that responds to visitor inquiries about the Company and its products; (b) the SAM suite, an AI-agent infrastructure platform whose primary purpose is to govern, scope, credential, scrub, and audit the actions of Customer-deployed autonomous AI agents; and (c) optional PII redaction functionality that uses an LLM provided by Anthropic, Inc. as a sub-processor, to perform context-aware scrubbing of personally identifiable information from data streams processed through the SAM suite.
4.2 Disclaimer of AI Accuracy Warranties
4.2.1 AI AND LLM OUTPUTS ARE INHERENTLY PROBABILISTIC AND MAY BE INCOMPLETE, INACCURATE, OUTDATED, OR CONTEXTUALLY INAPPROPRIATE. THE COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF ANY OUTPUT GENERATED BY THE AI FEATURES, INCLUDING OUTPUTS PRODUCED BY FRAINK OR BY THE SAM SUITE'S LLM-POWERED COMPONENTS. YOU ACKNOWLEDGE THAT AI OUTPUTS ARE NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT, LEGAL ADVICE, FINANCIAL ADVICE, OR HUMAN DECISION-MAKING.
4.3 Limitation of Liability for AI Outputs
4.3.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, HARM, OR LIABILITY OF ANY KIND ARISING FROM OR RELATED TO YOUR RELIANCE ON ANY AI-GENERATED OUTPUT, INCLUDING BUT NOT LIMITED TO OUTPUTS FROM FRAINK, THE SAM SUITE, OR ANY LLM SUB-PROCESSOR. THIS LIMITATION APPLIES REGARDLESS OF WHETHER SUCH LOSS WAS FORESEEABLE AND WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE MONETARY CAP IN SECTION 12.1 APPLIES TO ALL AI-RELATED CLAIMS.
4.4 Human Oversight and User Responsibility
4.4.1 You are solely responsible for reviewing, validating, and making all decisions based on AI-generated outputs before acting upon them. You shall implement and maintain appropriate human oversight, review processes, and safeguards commensurate with the risk profile of the actions taken by your autonomous AI agents, including any actions involving financial transactions, access to sensitive data, or interactions with third-party systems. The Company's role is to provide infrastructure governance tooling; final decision-making authority and responsibility for agent actions rest exclusively with you.
4.4.2 Where the SAM suite authorizes or facilitates financial transactions or interactions with payment rails on your behalf, you acknowledge that such authorizations are made based on configurations and credentials you have established, and the Company assumes no liability for any financial loss, unauthorized transaction, or regulatory violation resulting from your agent configurations, credential issuance, or agent behavior.
4.5 Acceptable Use of AI Features
4.5.1 In addition to the general Acceptable Use Policy in Article 5, you shall not use the AI features of the Platform to: (a) generate, distribute, or act upon outputs that are unlawful, harmful, fraudulent, deceptive, or abusive; (b) manipulate, spoof, or deceive any person or system; (c) bypass or circumvent safety, filtering, or governance controls built into the Platform; (d) use AI outputs to support or facilitate any prohibited activity listed in Article 5; or (e) attempt to extract, reconstruct, or infer the Company's internal prompts, model configurations, or proprietary instructions through prompt injection, adversarial inputs, or any other method.
4.6 AI-Specific Indemnification
4.6.1 In addition to the general indemnification obligations in Section 12.4, you agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, and sub-processors from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your autonomous AI agents' actions, decisions, or outputs; (b) your use of AI-generated outputs in making business, operational, or financial decisions; (c) the configuration, credentials, or instructions you provide to your AI agents through the SAM suite; or (d) any failure on your part to implement adequate human oversight of your AI agents.
4.7 Data Input Representations
4.7.1 By submitting data, queries, or content to the AI features of the Platform, you represent and warrant that: (a) you have all necessary rights, consents, and authorizations to submit such data; (b) your submission does not infringe the intellectual property rights, privacy rights, or other rights of any third party; (c) your submission does not contain any material that is unlawful, defamatory, obscene, or otherwise prohibited; and (d) where your submission includes personal data of third parties, you have obtained all legally required consents and have a lawful basis for such processing in accordance with applicable data protection law.
4.8 AI Output Ownership
4.8.1 As between you and the Company, you shall own any outputs generated by the AI features of the Platform in response to your specific inputs and queries, subject to: (a) the Company's underlying ownership of the Platform, models, and infrastructure; (b) the license granted to the Company in Section 3.6.1; (c) applicable third-party LLM provider terms regarding output ownership; and (d) any applicable laws governing AI-generated works. You shall not represent AI-generated outputs as human-created content without appropriate disclosure where required by law.
4.9 Model Modification and Reservation of Rights
4.9.1 The Company reserves the right, in its sole discretion and without prior notice or liability to you, to modify, update, retrain, replace, fine-tune, or discontinue any AI model, LLM, or AI-powered feature used in the Platform at any time. Model changes may alter the nature, quality, style, or capabilities of AI-generated outputs. The Company makes no representation that any specific AI model will continue to be available or that output characteristics will remain consistent over time. You acknowledge this inherent variability and agree that model modifications do not constitute a breach of these Terms.
Article 5. Acceptable Use Policy
5.1 Prohibited Activities
5.1.1 You shall not use the Platform, including any outputs generated by the Platform or the actions of AI agents configured through the SAM suite, for any of the following purposes: (a) any purpose that violates any applicable federal, state, local, or international law, regulation, or governmental order; (b) engaging in, facilitating, or promoting fraud, deception, identity theft, phishing, financial crime, money laundering, or any other illegal activity; (c) attacking, disrupting, or defrauding any third party, system, or service; (d) using the Platform's tooling, credentials, or outputs to violate the terms of service, acceptable use policies, or other legal obligations of any third-party platform, API, or service provider; (e) sending spam, unsolicited commercial messages, or bulk communications; (f) harassing, threatening, abusing, or discriminating against any person on the basis of any protected characteristic; (g) generating, storing, transmitting, or acting upon content that is defamatory, obscene, pornographic, or otherwise objectionable; (h) infringing the intellectual property, privacy, or other legal rights of any third party; (i) collecting, harvesting, or processing personal data without a lawful basis or required consents.
5.2 No Automated Access or Scraping
5.2.1 Except as expressly authorized by the Company in writing or as part of the normal operation of the SAM suite's licensed API integrations, you shall not use any robot, spider, scraper, crawler, script, browser extension, or other automated means to access, monitor, index, or extract data from the Platform or any portion thereof. This prohibition includes scraping of any data, content, or AI outputs displayed on the Website.
5.3 No Interference with Service
5.3.1 You shall not attempt to: (a) gain unauthorized access to any part of the Platform, other users' accounts, or third-party systems accessible via the Platform; (b) conduct or facilitate any denial-of-service (DoS), distributed denial-of-service (DDoS), or other attack against the Platform or its underlying infrastructure; (c) introduce any virus, malware, ransomware, Trojan horse, or other malicious or harmful code into the Platform; (d) probe, scan, or test the vulnerability of the Platform without the Company's prior written consent; or (e) interfere with or disrupt the integrity, security, or performance of the Platform or the data contained therein.
5.4 Enforcement and Consequences
5.4.1 Violation of this Acceptable Use Policy shall constitute a material breach of these Terms and may, in the Company's sole and absolute discretion, result in immediate suspension or termination of your account and all associated SAM suite services without prior notice and without any right to a refund of fees previously paid. The Company reserves the right to report violations to applicable law enforcement authorities and to cooperate fully with any investigation of suspected unlawful activity. Suspension or termination under this Section shall not limit the Company's right to pursue any other available remedies, including injunctive relief and monetary damages.
Article 6. Privacy, Data, and Gdpr Compliance
6.1 Privacy Policy Reference
6.1.1 Your use of the Platform is governed by the Company's Privacy Policy, available at www.letmebefraink.com/privacy ("Privacy Policy"), which is incorporated into these Terms by reference. By using the Platform, you acknowledge that you have read and agree to the Privacy Policy. In the event of a conflict between these Terms and the Privacy Policy with respect to data processing, the Privacy Policy shall govern.
6.2 Data Collection Overview
6.2.1 The Company collects and processes personal data in connection with the Platform in the following primary contexts: (a) Website visitors who authenticate via Google OAuth provide their name and email address for session establishment; (b) Users' chat messages sent through the frAInk interface are stored to provide the conversation service; (c) SAM subscribers provide account registration and billing contact information; (d) Usage data, log data, and technical identifiers are collected to operate, secure, and improve the Platform.
6.3 Company Does Not Sell User Data
6.3.1 Company does not sell user data. User data and content is designed to remain within systems and environments controlled by the User. Except as necessary to provide the Services, troubleshoot technical issues, comply with legal obligations, or as otherwise authorized by the User, we do not access, review, store, or use User data or content.
6.4 Cookies and Tracking
6.4.1 The Website uses cookies, web beacons, and similar tracking technologies to operate and improve the Platform, authenticate sessions, analyze usage, and deliver relevant content. A full description of cookies used, their purposes, and your choices is set forth in the Company's Cookie Policy, available at www.letmebefraink.com/cookies.
6.5 Third-Party Data Sharing
6.5.1 The Company may share personal data with third-party service providers acting as data processors on the Company's behalf, including cloud infrastructure providers, authentication providers (Google OAuth), payment processors (Gumroad, Stripe, etc.), and LLM sub-processors (Anthropic). All such sub-processors are bound by data processing agreements requiring appropriate technical and organizational security measures. The Company does not share personal data with third parties for their own marketing or advertising purposes.
6.6 Data Retention
6.6.1 The Company retains account data for as long as your account is active. The Company will delete or anonymize personal data 24 months after your account is terminated or expires, except where a longer retention period is required by applicable law, for the resolution of disputes, or for the enforcement of these Terms. Anonymized or aggregated data that does not identify you individually may be retained indefinitely for analytics and service improvement purposes.
6.7 Data Roles: Controller and Processor
6.7.1 With respect to the personal data of your end-users that your AI agents may process through the SAM suite's hosted components, you are the data controller and the Company acts as a data processor (or, in applicable jurisdictions, a "service provider"). You are solely responsible for: (a) establishing and documenting a lawful basis for processing your end-users' personal data; (b) providing all legally required notices and disclosures to your end-users; (c) obtaining all necessary consents; and (d) ensuring your use of the SAM suite complies with all applicable data protection laws with respect to your end-users' data.
6.7.2 The Company processes your end-users' personal data only on your documented instructions. Where required by applicable law, the parties agree to execute a Data Processing Agreement ("DPA"). If a DPA has not been separately executed, you may request a standard form DPA by contacting [email protected].
6.7.3 With respect to the Local Components that execute entirely on your own infrastructure, the Company does not receive, process, or store any underlying data processed by those components. The Company may receive a license verification signal from Local Components, which contains no personal data beyond a unique installation identifier.
6.8 GDPR and UK GDPR Compliance
6.8.1 Territorial Scope and Intended Audience. The Services are designed and marketed to businesses located in the United States. The Company does not actively target, market to, or direct the Services to residents of the European Union ("EU"), the European Economic Area ("EEA"), the United Kingdom ("UK"), or Switzerland. If you are an EU, EEA, UK, or Swiss resident and choose to access or use the Website or Services, you do so by your own initiative. By submitting personal information through the Website or Services, EU, EEA, UK, and Swiss residents consent to the transfer of their personal information to the United States and to its processing in the United States, which may have data protection laws that differ from those in your country of residence.
6.8.2 Applicability. The provisions of this Section 6.8 apply to the extent the Company incidentally or occasionally processes personal data of individuals located in the EU, EEA, UK, or Switzerland, within the meaning of Regulation (EU) 2016/679 (the "GDPR"), the UK GDPR (as defined in the UK Data Protection Act 2018), and applicable national implementing legislation, including the Swiss Law (2018:218) supplementing the GDPR.
6.8.3 Lawful Basis. The Company processes personal data of EU/UK data subjects on the following lawful bases: (a) performance of the contract between you and the Company; (b) compliance with legal obligations; (c) legitimate interests in operating, securing, and improving the Platform, where such interests are not overridden by the rights of data subjects; and (d) consent, where obtained, for non-essential cookies and marketing communications.
6.8.4 Data Subject Rights. EU, UK, and Swiss data subjects have the following rights with respect to their personal data processed by the Company: (a) the right of access; (b) the right to rectification; (c) the right to erasure; (d) the right to restriction of processing; (e) the right to data portability; (f) the right to object to processing; and (g) the right not to be subject to solely automated decision-making, including profiling, that produces legal or similarly significant effects. To exercise any of these rights, please contact the Company at [email protected]. The Company will respond to verified requests within the timeframes required by applicable law.
6.8.5 International Data Transfers. Where the Company transfers personal data of EU/UK data subjects to third countries that have not received an adequacy decision from the European Commission or UK Information Commissioner's Office, the Company will implement appropriate safeguards, which may include Standard Contractual Clauses ("SCCs") adopted by the European Commission or equivalent UK transfer mechanisms, as applicable.
6.8.6 Data Protection Officer. The Company has not appointed a Data Protection Officer ("DPO") as of the effective date of this Agreement. The Company does not currently believe it is required to appoint a DPO on the basis that: (a) the Services are not marketed to or directed at EU/EEA/UK/Swiss residents; (b) any processing of EU residents' personal data by the Company is incidental and occasional; (c) the Company does not engage in large-scale processing of special-category data; and (d) the Company's processing activities are unlikely to result in a high risk to the rights and freedoms of natural persons. Inquiries that would otherwise be directed to a DPO may be sent to [email protected].
6.8.7 Supervisory Authority. EU, EEA, UK, and Swiss residents who believe that the Company's processing of their personal data infringes applicable data protection law have the right to lodge a complaint with the relevant supervisory authority in their country of residence. The Company encourages individuals to contact the Company at [email protected] to seek to resolve any concerns before filing a complaint with a supervisory authority.
Article 7. Digital Products
7.1 Digital Products
7.1.1 The Company offers certain digital products for purchase, including the Doc-Discipline Kit, the AI-Agent Starter Pro, and the Token Discipline Playbook (collectively, "Digital Products"). All Digital Products are sold exclusively through the Company's Gumroad storefront at letmebefraink.gumroad.com, where Gumroad, Inc. acts as the merchant of record. All payment processing for Digital Products is handled by Gumroad in accordance with Gumroad's terms of service and payment processing agreements.
7.1.2 Your purchase and use of any Digital Product is subject to these Terms, the applicable product license terms, and Gumroad's Terms of Service. The Company makes no representations or warranties regarding the payment processing, refund administration, or other merchant-of-record functions performed by Gumroad.
7.1.3 Refunds for Digital Products shall be governed by Gumroad's then-current refund policy, available at gumroad.com. The Company has no obligation to process refunds for Digital Products outside of Gumroad's policies.
Article 8. Subscriptions, Payments, and Billing
8.1 Subscription Tiers and Pricing
8.1.1 The SAM suite is offered on a subscription basis. The Company offers multiple subscription tiers with varying features, usage limits, and pricing. Current subscription tiers, fees, billing cycle options, and feature descriptions are set forth on the Company's Subscription and Pricing page at www.letmebefraink.com/pricing (the "Pricing Page"), which is incorporated herein by reference. The Company reserves the right to modify, add, or discontinue subscription tiers at any time, subject to the notice requirements in Section 8.1.2.
8.1.2 Price Changes. The Company may change subscription fees upon not less than thirty (30) days' prior written notice to you at the email address associated with your account. Price changes will take effect at the beginning of the next billing cycle following the notice period. Your continued use of the Platform after the price change takes effect constitutes your acceptance of the new pricing. If you do not agree to the new pricing, you may cancel your subscription in accordance with Section 8.4 before the new pricing takes effect.
8.1.3 Metered Billing. Certain subscription tiers are subject to metered invoicing based on usage (e.g., number of AI agent actions, API calls, or data volume processed). Metered usage charges are calculated in accordance with the then-current rates on the Pricing Page and will be invoiced as specified therein.
8.2 Free Trial
8.2.1 The Company may, in its discretion, offer a seven (7) day free trial period to new subscribers (the "Free Trial"). The Free Trial begins on the date you activate your subscription and provides access to the SAM suite as described on the Pricing Page for the applicable trial tier.
8.2.2 At the conclusion of the Free Trial period, your subscription will automatically convert to a paid subscription and your payment method will be charged the applicable subscription fee unless you cancel your subscription before the Free Trial period expires. Cancellation instructions are set forth in Section 8.4.
8.2.3 The Company reserves the right to modify, limit, or discontinue the Free Trial offer at any time. The Free Trial is available only once per User, organization, email address, and payment instrument. Attempts to circumvent this limitation may result in account termination.
8.3 Payment Processing
8.3.1 Subscription payments are processed through a secure third-party payment portal provided by the Company. The Company does not collect, store, or process payment card numbers or other sensitive payment method information. All payment data is handled exclusively by the Company's third-party payment processor in accordance with applicable Payment Card Industry Data Security Standards (PCI DSS). By initiating a subscription, you authorize the applicable payment processor to charge your chosen payment method for all fees due under your subscription. By purchasing a subscription, you expressly acknowledge and agree that (i) your subscription has an initial and recurring payment feature, and the Company (or our third party payment processor) is authorized to automatically charge your payment method at the then-current subscription rate for your subscription period as long as your subscription continues, and (ii) your subscription is continuous and will be automatically extended for successive subscription periods until you cancel it.
8.3.2 You represent that you are authorized to use the payment method you provide, and that the payment information you submit is accurate and complete. You agree to promptly update your payment information in the event of changes.
8.4 Cancellation by User
8.4.1 You may cancel your subscription at any time by following the cancellation instructions in your account dashboard or by contacting [email protected]. Cancellation will take effect at the end of the then-current billing cycle. Upon cancellation, you will retain access to the SAM suite through the end of the period for which you have paid. Fees already paid are non-refundable except as expressly required by applicable law.
8.5 Termination by the Company
8.5.1 The Company may terminate your subscription and account for cause, including for material breach of these Terms or non-payment, upon notice to you. The Company may also terminate your subscription without cause upon thirty (30) days' prior written notice. In the event of termination by the Company without cause, the Company will provide a pro-rated refund of prepaid fees for the unused portion of the then-current billing cycle. No refund will be provided in the event of termination for cause.
8.6 Refunds
8.6.1 Except as expressly provided in Section 8.5 or as required by applicable law, all subscription fees are non-refundable. There are no refunds for partial billing periods. Digital Product refunds are governed exclusively by Gumroad's refund policy.
8.7 Failed Payments
8.7.1 If a payment is declined or otherwise fails, the Company reserves the right to: (a) retry the charge after a reasonable period; (b) send you notice of the failed payment and request updated payment information; and (c) suspend your access to the Platform after a reasonable cure period during which the payment has not been remedied. If the failure to pay is not resolved within ten (10) days of the Company's initial notice, the Company may terminate your account for non-payment in accordance with Section 8.5.
8.8 Taxes
8.8.1 All subscription fees are exclusive of taxes, levies, duties, or similar governmental assessments of any nature, including value-added, sales, use, goods and services, or withholding taxes (collectively, "Taxes"). You are responsible for paying all Taxes associated with your use of the Platform. If the Company is required to collect or remit Taxes, such Taxes may be added to your invoice.
8.9 Billing Disputes and Chargebacks
8.9.1 If you believe a charge on your account is incorrect, you must notify the Company in writing at [email protected] within thirty (30) days of the charge date. The Company will review disputed charges in good faith. You agree not to initiate a chargeback with your payment provider for any fee that is subject to a good-faith dispute resolution process under this Section without first providing the Company a reasonable opportunity to resolve the dispute.
Article 9. Third-party Services and Links
9.1 Third-Party Integrations
9.1.1 The Platform may contain links to, or integrate with, third-party websites, applications, APIs, or services ("Third-Party Services"), including but not limited to Google OAuth, Gumroad, and Anthropic's API. The Company provides these integrations for your convenience and does not control, endorse, or assume responsibility for any Third-Party Services, their content, availability, or their privacy or security practices.
9.2 No Endorsement
9.2.1 The presence of links to or integrations with Third-Party Services does not constitute an endorsement by the Company of such services or their providers. The Company makes no representation or warranty regarding the accuracy, completeness, or quality of any Third-Party Service.
9.3 Third-Party Terms Govern
9.3.1 Your use of any Third-Party Service is subject to that service's own terms of service and privacy policy. You are solely responsible for reviewing and complying with the terms of any Third-Party Service you access in connection with the Platform. The Company shall not be liable for any loss or damage arising from your use of any Third-Party Service.
Article 10. Service Changes, Suspension, and Availability
10.1 Service Changes
10.1.1 The Company reserves the right, in its sole discretion, to modify, update, enhance, discontinue, or remove any feature, functionality, or component of the Platform at any time and without prior notice or liability to you. The Company may introduce new features, change existing features, or discontinue features as part of ongoing development and business operations.
10.2 No Uptime Guarantee
10.2.1 THE PLATFORM IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE AVAILABLE AT ALL TIMES, OR THAT IT WILL BE FREE FROM ERRORS, INTERRUPTIONS, OUTAGES, OR DEFECTS. NO SERVICE-LEVEL AGREEMENT OR UPTIME GUARANTEE IS PROVIDED. SCHEDULED OR UNSCHEDULED MAINTENANCE, UPGRADES, OR UNEXPECTED TECHNICAL ISSUES MAY RESULT IN TEMPORARY UNAVAILABILITY OF THE PLATFORM WITHOUT NOTICE.
10.3 Suspension
10.3.1 The Company reserves the right to suspend your access to the Platform, in whole or in part, without prior notice, in the event of: (a) a violation or suspected violation of these Terms, including the Acceptable Use Policy; (b) non-payment of fees when due; (c) technical issues or security incidents requiring emergency remediation; or (d) compliance with applicable law or governmental order. The Company will use reasonable efforts to notify you of any suspension as promptly as practicable.
Article 11. Disclaimers and Warranties
11.1 As-Is Disclaimer
11.1.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL RELATED SERVICES, CONTENT, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT THE RESULTS OBTAINED FROM USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE.
11.2 Accuracy of Information
11.2.1 The Company makes no warranty that any information, content, or data displayed on the Platform or generated by the AI features is accurate, complete, current, or free from errors. Information on the Platform may be subject to change without notice. You acknowledge that reliance on any such information is at your own risk.
Article 12. Limitation of Liability and Indemnification
12.1 Cap on Liability
12.1.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THESE TERMS, THE PLATFORM, OR THE SERVICES, REGARDLESS OF THE FORM OR THEORY OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, INDEMNITY, OR OTHERWISE), SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO THE COMPANY IN THE THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).
12.1.2 THE FOREGOING LIMITATION OF LIABILITY REFLECTS A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE COMPANY WOULD NOT HAVE ENTERED INTO THESE TERMS WITHOUT THIS LIMITATION.
12.2 Exclusion of Consequential Damages
12.2.1 IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, COST OF SUBSTITUTE SERVICES, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR INABILITY TO USE THE PLATFORM, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
12.3 Force Majeure
12.3.1 The Company shall not be liable for any delay or failure in performance resulting from causes beyond the Company's reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental actions, cyber attacks, telecommunications or infrastructure failures, labor disputes, or disruptions in third-party services on which the Platform depends. In the event of a force majeure event, the Company's performance obligations shall be suspended for the duration of the event.
12.4 User Indemnification
12.4.1 You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, successors, and assigns (collectively, "Company Indemnitees") from and against any and all third-party claims, actions, proceedings, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your use of the Platform in violation of these Terms; (b) your User Content or data inputs; (c) the actions, decisions, or outputs of your autonomous AI agents configured through the SAM suite; (d) your misuse of any credentials, API keys, or authorization tokens issued through the Platform; (e) your violation of any applicable law or the rights of any third party; or (f) any breach of the representations and warranties you have made herein.
12.4.2 The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with the Company's defense of such claims.
12.5 Third-Party Claims
12.5.1 The Company assumes no liability for the actions, content, or services of any third party, including third-party API providers, payment processors, sub-processors, or other services integrated with the Platform. Your use of any Third-Party Service is at your sole risk.
Article 13. Dispute Resolution
13.1 Governing Law
13.1.1 These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
13.2 Informal Resolution
13.2.1 Before initiating any formal arbitration proceeding, the parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Platform (each, a "Dispute") through good-faith informal negotiation. The party asserting the Dispute shall provide written notice to the other party describing the Dispute in reasonable detail. The parties shall have thirty (30) days from the date of such notice to resolve the Dispute informally. If the Dispute is not resolved within such period, either party may proceed to arbitration as provided below.
13.3 Mandatory Arbitration
13.3.1 EXCEPT FOR DISPUTES THAT QUALIFY FOR ADJUDICATION IN A COURT OF COMPETENT JURISDICTION HANDLING CLAIMS WITHIN THAT COURT'S SMALL CLAIMS JURISDICTION, ALL DISPUTES THAT CANNOT BE RESOLVED INFORMALLY PURSUANT TO SECTION 13.2 SHALL BE FINALLY RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES THEN IN EFFECT. THE ARBITRATION SHALL BE CONDUCTED IN ENGLISH BY A SINGLE ARBITRATOR. THE ARBITRATOR'S AWARD SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
13.3.2 The arbitration shall be conducted virtually or at a mutually agreed location. The arbitrator shall have authority to award any remedy available at law or in equity, subject to the limitations set forth in these Terms.
13.4 Class Action Waiver
13.4.1 YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, ARBITRATION, OR PROCEEDING. ALL DISPUTES SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS BETWEEN YOU AND THE COMPANY. IF A COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER IN THIS SECTION IS UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR DISPUTE, THE PARTIES AGREE THAT SUCH CLAIM OR DISPUTE SHALL BE RESOLVED IN COURT RATHER THAN IN ARBITRATION.
13.5 Venue and Jurisdiction
13.5.1 For any Dispute that is not subject to mandatory arbitration, or for the purpose of enforcing an arbitration award, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware, and waive any objection to the exercise of personal jurisdiction by such courts.
Article 14. Term and Termination
14.1 Duration
14.1.1 These Terms shall remain in effect for so long as you maintain an account with the Company or use the Platform, whichever is later.
14.2 Termination by User
14.2.1 You may terminate your account at any time by using the account closure function in your account dashboard or by contacting [email protected]. Termination of your account will be subject to the subscription cancellation provisions of Section 8.4.
14.3 Termination by Company
14.3.1 The Company may terminate your account and these Terms: (a) immediately, upon notice, for material breach of these Terms, including violation of the Acceptable Use Policy; (b) immediately upon non-payment of fees following the cure period in Section 8.7; (c) immediately if the Company reasonably believes your continued use poses a security risk or legal liability; or (d) without cause upon thirty (30) days' prior written notice to you.
14.4 Effect of Termination
14.4.1 Upon termination or expiration of these Terms for any reason: (a) your license to use the Platform shall immediately terminate; (b) you must immediately cease all use of the Platform and destroy any Local Components in your possession; (c) the Company will delete or anonymize your personal data in accordance with Section 6.6; (d) you will lose access to any data stored in your tenant, subject to a reasonable data export period as set forth on the Platform; and (e) all outstanding payment obligations shall become immediately due and payable.
14.5 Survival
14.5.1 The following provisions shall survive any termination or expiration of these Terms: Section 3.2 (Ownership of Platform IP); Section 3.3 (Restrictions on Use); Section 3.4 (Reverse Engineering Prohibition); Section 3.5 (Trademark and Branding); Article 4 (AI Terms); Article 12 (Limitation of Liability); Article 13 (Dispute Resolution); Section 14.4 (Effect of Termination); and Article 16 (Miscellaneous).
Article 15. Accessibility and Compliance
15.1 Accessibility Commitment
15.1.1 The Company is committed to making the Website accessible to individuals with disabilities in accordance with the Web Content Accessibility Guidelines ("WCAG") 2.1, Level AA, and applicable requirements under the Americans with Disabilities Act ("ADA") and Section 508 of the Rehabilitation Act of 1973, to the extent applicable. The Company undertakes reasonable efforts to identify and remediate accessibility barriers in the Website.
15.1.2 If you experience any difficulty accessing the Website or any of its features due to a disability, or if you require content in an accessible format, please contact the Company at [email protected]. The Company will make reasonable efforts to provide the requested accommodation in a timely manner.
15.1.3 The Company is actively working to improve the accessibility of the Website and services. Feedback on accessibility barriers is welcomed and appreciated. Please note that third-party content or Third-Party Services accessed through the Website may not meet the same accessibility standards, and the Company assumes no responsibility therefor.
15.2 Export Controls
15.2.1 The Platform and its underlying technology may be subject to export control laws and regulations of the United States and other jurisdictions. You shall not use, export, re-export, or transfer the Platform or any related technology in violation of any applicable export control laws, including the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce or the sanctions programs administered by the U.S. Office of Foreign Assets Control (OFAC). By using the Platform, you represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to a U.S. Government embargo, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Article 16. General Provisions
16.1 Entire Agreement
16.1.1 These Terms, together with the Privacy Policy, Cookie Policy, Pricing Page, and any supplemental terms or Data Processing Agreements executed by the parties, constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, negotiations, representations, and warranties, both written and oral, with respect to such subject matter.
16.2 Severability
16.2.1 If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or modified to the minimum extent necessary, and the remaining provisions of these Terms shall continue in full force and effect.
16.3 Waiver
16.3.1 No failure or delay by the Company in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.
16.4 Assignment
16.4.1 You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of the Company. Any purported assignment in violation of this Section shall be null and void. The Company may assign these Terms, in whole or in part, without restriction and without notice, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
16.5 Contact Information
16.6.1 For questions, concerns, or notices regarding these Terms, please contact the Company at:
LetMeBeFrAInk, LLC
204 Golfview Dr, Ste 130
Monaca, PA 15061
Phone: 724.513.2141
Email: [email protected]