Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your access to and use of the Augusta Rule Packet Builder website, application, and related services (collectively, the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. NOT TAX, LEGAL, OR ACCOUNTING ADVICE

The Service is a software tool for organizing documentation. It is for educational and organizational purposes only. It does not provide tax, legal, or accounting advice; it does not constitute an attorney-client, CPA-client, or fiduciary relationship; and it does not calculate, recommend, approve, or guarantee any rental rate, deduction amount, qualification under IRC §280A(g), or IRS acceptance of any position. You are solely responsible for the accuracy of the information you enter, for the positions taken on your tax returns, and for engaging a qualified tax professional to review your situation and any documentation produced by the Service before relying on it. See our full Disclaimer.

3. Accounts

• You must be at least 18 years old and able to enter a binding contract.
• You must provide accurate registration information and keep it current.
• You are responsible for safeguarding your credentials and for all activity under your account.
• Notify us promptly of any unauthorized use.

4. Subscriptions, fees, and NO-REFUND policy

All fees are final and non-refundable. We do not provide refunds, credits, or prorated amounts for any reason, including but not limited to: unused time on a subscription, partial billing periods, downgrades, account cancellation, dissatisfaction with the Service, failure to use the Service, change of business circumstances, or any tax outcome (including denial of a deduction or audit adjustment).

Paid plans are billed in advance on a recurring basis (monthly or annual) through our payment processor. By purchasing, you expressly authorize recurring charges until you cancel. You may cancel at any time; cancellation takes effect at the end of the current billing period and you retain access until that date — no refund is issued for the remainder of the period. We may change prices with at least 30 days' advance notice; changes take effect at your next renewal. The only exceptions to this no-refund policy are those expressly required by applicable law that cannot be waived by contract.

5. Acceptable use

You agree not to:

• Use the Service to violate any law or third-party right.
• Submit false, fraudulent, or intentionally misleading information.
• Reverse engineer, decompile, disassemble, scrape, or copy the Service except to the limited extent expressly permitted by applicable law.
• Interfere with the Service, attempt to gain unauthorized access, or probe for vulnerabilities outside an authorized program.
• Resell, sublicense, white-label, or use the Service (or any output, template, or content from the Service) to build, train, or operate a competing product.
• Upload malware, illegal content, or another person's information without authorization.

6. Your content

You retain ownership of the information you submit ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display Your Content solely to provide and improve the Service for you. You represent that you have the right to submit Your Content and that it does not infringe any third-party right.

7. Our intellectual property

The Service — including without limitation all software, source code, object code, application logic, user interface, visual design, "look and feel," questionnaires, workflows, wizards, document templates, checklists, comparable-research methodology, sample agreements, agenda templates, packet structure, written content, graphics, logos, names, marks, slogans, and related materials (collectively, the "Materials") — is owned by us or our licensors and is protected by United States and international copyright, trademark, trade-secret, patent, and other intellectual property laws and treaties. "Augusta Rule Packet Builder" and associated logos are trademarks of ours. All rights not expressly granted to you in these Terms are reserved.

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service, and to use packets you generate, solely for your own internal business and tax-documentation purposes. You may share a generated packet with your own tax professional or legal advisor for the purpose of reviewing your tax position; that recipient receives the same internal-use license and no broader rights.

You may NOT, and may not permit any third party to: (a) copy, reproduce, republish, redistribute, sell, rent, lease, lend, or sublicense the Materials; (b) modify, translate, or create derivative works of the Materials; (c) remove, alter, or obscure any copyright, trademark, or other proprietary notice; (d) use the Materials to train, fine-tune, or evaluate any machine-learning or artificial-intelligence model; (e) use the Materials as a template, basis, or reference to create a competing product, course, coaching program, book, downloadable resource, or document generator; or (f) use our name, marks, or branding without our prior written consent. Any feedback you provide is non-confidential and may be used by us without obligation. Unauthorized use of the Materials is a material breach of these Terms and may also constitute copyright infringement, trademark infringement, and misappropriation of trade secrets.

DMCA / copyright complaints. If you believe content on the Service infringes your copyright, send a notice that complies with 17 U.S.C. § 512(c)(3) to our designated agent at the Notices address in Section 15.

8. Third-party services

The Service relies on third-party providers (e.g., hosting, payments). We are not responsible for third-party services and their availability, accuracy, or terms.

9. Disclaimer of warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, or uninterrupted operation. We do not warrant that the Service will meet your requirements, comply with any specific tax authority's expectations, or result in any particular tax outcome.

10. Limitation of liability

To the maximum extent permitted by law, in no event will we, our affiliates, or our service providers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, tax savings, or tax positions, arising out of or in connection with the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if advised of the possibility of such damages.

Our total aggregate liability for any and all claims arising out of or relating to the Service will not exceed the total amount you have actually paid us for the Service in the 12 months preceding the event giving rise to the claim. If you have not paid us anything, our total aggregate liability will be zero.

11. Indemnification

You agree to defend, indemnify, and hold us harmless from any claim, demand, loss, damage, or expense (including reasonable attorneys' fees) arising out of (a) Your Content, (b) your use of the Service, (c) your violation of these Terms, or (d) your violation of any law or third-party right.

12. Termination

We may suspend or terminate your access at any time, with or without notice, for any violation of these Terms or for any other reason. You may stop using the Service and cancel your account at any time. Sections that by their nature should survive termination (e.g., IP, disclaimers, limitation of liability, indemnification, governing law) will survive.

13. Governing law, binding arbitration, and class-action waiver

13.1 Governing law. These Terms, and any dispute arising out of or relating to these Terms or the Service, are governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and, to the extent state law applies, the laws of the State of Tennessee, without regard to its conflict-of-laws principles.

13.2 BINDING INDIVIDUAL ARBITRATION. PLEASE READ CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

You and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, your account, any Materials, or our relationship (each, a "Dispute"), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before or after the effective date of these Terms, will be resolved exclusively by final and binding individual arbitration, and not in a court of law, except as expressly provided below.

Administrator and rules. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or its Commercial Arbitration Rules if the Dispute does not qualify as a consumer dispute), as modified by these Terms. The AAA rules are available at www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration consistent with these Terms, the parties will jointly select another nationally recognized arbitration administrator.

Arbitrator authority. A single neutral arbitrator will decide the Dispute, including all threshold questions of arbitrability, the scope, enforceability, and formation of this arbitration agreement, and any claim that all or part of it is void or voidable. The arbitrator may award any individual relief a court could award under applicable law, but may not award relief on behalf of, or against, anyone who is not a named party to the arbitration.

Seat, language, and procedure. The seat of arbitration is Shelby County, Tennessee. The arbitration will be conducted in English. Unless the parties agree otherwise, hearings for claims of US $25,000 or less may be conducted by telephone, videoconference, or on documents only.

Fees. Each party is responsible for its own arbitration fees and costs except as provided by the AAA rules or applicable law. If applicable law requires us to pay all or part of the filing, administrative, or arbitrator fees in order for this Section to be enforceable, we will do so.

13.3 CLASS-ACTION, COLLECTIVE-ACTION, AND JURY-TRIAL WAIVER. YOU AND WE EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT AND RESOLVED ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE EACH ALSO WAIVE THE RIGHT TO A TRIAL BY JURY.

If a court or arbitrator decides that any portion of this class-action waiver is unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), that claim or request will be severed and litigated in the state or federal courts located in Shelby County, Tennessee, and all other claims will proceed in arbitration on an individual basis.

13.4 Exceptions. Notwithstanding the foregoing, either party may (a) bring an individual action in small-claims court for any Dispute that qualifies under that court's rules, or (b) seek interim or injunctive relief in a court of competent jurisdiction to prevent or stop infringement or misappropriation of intellectual property rights or unauthorized access to or misuse of the Service.

13.5 30-day right to opt out. You may opt out of Sections 13.2 and 13.3 (the binding arbitration agreement and the class-action / jury-trial waiver) by sending written notice of your decision to opt out to the mailing address in Section 15 within 30 days after you first accept these Terms. Your notice must include your full name, the email address on your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms.

13.6 Court venue for non-arbitrable matters. For any Dispute not subject to arbitration under this Section 13, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Shelby County, Tennessee, and waive any objection based on inconvenient forum.

13.7 Time limitation. To the extent permitted by applicable law, any Dispute must be filed within one (1) year after the cause of action arose; otherwise it is permanently barred.

13.8 Survival and severability. This Section 13 survives any termination of these Terms or your use of the Service. If any portion of this Section 13 (other than the class-action waiver, which is governed by Section 13.3) is found unenforceable, that portion will be severed and the remainder will remain in full force and effect.

14. Changes to these Terms

We may update these Terms from time to time. Material changes will be posted on this page with a new effective date and, where appropriate, communicated to you by email or in-product notice. Continued use of the Service after the effective date constitutes acceptance.

15. Notices and contact

Legal notices to us (including DMCA notices and any notice required under these Terms) must be sent in writing to the mailing address below. Notices to you may be sent by email to the address on your account or posted in the Service.