These Terms of Use govern your access to and use of Fox. Please read them carefully before creating an account, purchasing a subscription, accessing, or using Fox.

1.  Agreement to Terms

These Terms of Use (“Terms”) govern your access to and use of Fox, an AI-powered business advisory software platform offered by Business Wealth Advisory, Inc. (“Business Wealth Advisory,” “Company,” “we,” “us,” or “our”), including the Fox website, software, features, functionality, content, and related services (collectively, “Fox” or the “Platform”).

By creating an account, purchasing a subscription, accessing, or using Fox, you acknowledge that you have read, understood, and agree to these Terms and the policies incorporated into them by reference. If you do not agree to these Terms, you may not access or use Fox.

Unless a separate written agreement expressly states otherwise, Business Wealth Advisory, Inc. is the entity providing and contracting for access to Fox. “Fox” is the name of the software product and does not, by itself, identify a separate legal entity or create a contractual relationship with Tina-Sue individually or with any other Business Wealth Advisory brand, program, or affiliate.

These Terms, including applicable limitations, disclaimers, indemnification rights, and other protections, are intended to protect and benefit the Company and its owners, officers, directors, employees, contractors, agents, affiliates, successors, and assigns to the fullest extent permitted by law.

Additional Agreements and Policies

Certain subscriptions, enterprise arrangements, features, or other access to Fox may be subject to a separate order form, subscription agreement, service agreement, or other written agreement (“Additional Agreement”). These Terms supplement any Additional Agreement. If an Additional Agreement contains specific terms that conflict with these Terms or an incorporated policy, the Additional Agreement will control with respect to the specific subscription, access, or provision in conflict.

The Company’s Privacy Policy and any applicable payment, cancellation, subscription, or refund terms are incorporated into these Terms by reference. If an Additional Agreement contains specific terms that conflict with these Terms or an incorporated policy, the Additional Agreement will control with respect to the specific service and provision in conflict.

2.  Eligibility and Authority

You must be at least eighteen (18) years old and legally capable of entering into a binding agreement to create an account, purchase a subscription, access, or use Fox.

If you create an account, purchase a subscription, access, or use Fox on behalf of a business or other entity, you represent that you have authority to bind that entity to these Terms. In that case, “you” and “your” include both you and the entity you represent.

You agree that all information you provide in connection with Fox, including during account creation, checkout, or onboarding, will be accurate, complete, and current. You are responsible for promptly updating information that materially affects your account, subscription, or use of Fox.

3.  Nature of Fox

Fox is an AI-powered business advisory software platform designed to provide business owners and other authorized users with information, analysis, strategic guidance, recommendations, and decision-support tools based in part on information submitted by the user.

Fox may use artificial intelligence and other technology to process information you provide and generate responses, analyses, recommendations, summaries, questions, projections, or other outputs. Fox is a software product and is not a substitute for individualized human professional judgment.

Your use of Fox does not create an individual advisory, consulting, coaching, fiduciary, or other professional relationship between you and Tina-Sue or any other owner, employee, contractor, or representative of Business Wealth Advisory. Access to Fox does not entitle you to advisory sessions, consulting services, coaching, or other services offered separately by Business Wealth Advisory unless expressly included in your applicable subscription, purchase, or written agreement.

Fox does not manage or operate your business and does not act as an officer, director, manager, employee, agent, partner, or other decision-maker on your behalf.

You retain sole responsibility for evaluating information and outputs provided through Fox and determining whether and how to use or implement them based on your circumstances. All business decisions and actions taken based on or in connection with your use of Fox remain your responsibility.

4.  Scope of Access and Services

The specific scope of your access to Fox, including available features, functionality, usage limits, subscription period, and other benefits, will be determined by the applicable subscription plan, checkout page, order form, or written agreement associated with your purchase or access.

Your purchase of or access to Fox does not entitle you to any feature, functionality, service, program, advisory session, consulting service, or other benefit not included in your applicable subscription, purchase, or written agreement. Additional or expanded features, functionality, usage, or services may require an additional fee or separate agreement.

The Company may add, modify, update, replace, or discontinue features or functionality of Fox from time to time as the Platform develops. The Company may also use employees, independent contractors, technology providers, artificial intelligence providers, and other service providers to operate, maintain, support, or provide Fox.

5.  User Responsibilities

You agree to provide complete, accurate, and current information when using Fox, including any business, operational, financial, strategic, or other information you choose to submit or upload. You are responsible for the accuracy, completeness, and currency of all information you provide, and Fox may process and generate outputs based on that information without independently verifying it.

You are responsible for reviewing and evaluating information, analyses, recommendations, and other outputs generated through Fox before relying on or implementing them. You are also responsible for obtaining advice from appropriately licensed legal, tax, accounting, financial, investment, or other professionals when necessary.

You are responsible for determining whether you have the right and authority to submit or upload information, documents, or other materials to Fox and for complying with applicable laws, contractual obligations, confidentiality obligations, and third-party rights in connection with your use of the Platform.

The Company is not responsible for any output, recommendation, outcome, loss, or decision resulting from inaccurate, incomplete, outdated, misleading, or withheld information provided by you, your failure to appropriately evaluate an output before relying on it, or your failure to obtain appropriate professional advice.

6.  No Professional Advice or Fiduciary Relationship

Fox provides business advisory, strategic guidance, decision-support tools, and educational information through an AI-powered software platform. Although Fox may generate information, analyses, recommendations, or other outputs regarding revenue, profitability, business valuation, compensation, financial goals, investments, taxes, hiring, or other matters affecting your business, those outputs remain business advisory and educational in nature.

Neither Fox nor the Company provides legal, accounting, tax, financial planning, investment, securities, insurance, lending, mental health, or other regulated professional advice through the Platform. Nothing generated, communicated, or made available through Fox creates an attorney-client, accountant-client, investment adviser-client, fiduciary, or other regulated professional-client relationship.

Fox does not assume the duties or responsibilities of your attorney, accountant, tax professional, financial or investment adviser, insurance professional, human resources professional, or other licensed adviser. You are responsible for consulting appropriately qualified professionals before making decisions that require professional or regulated advice.

You acknowledge that outputs generated through Fox may address matters that have legal, tax, accounting, financial, investment, employment, or other professional implications. You remain responsible for identifying when professional advice is appropriate and obtaining that advice before taking action.

7.  No Guarantee of Results or Earnings

Neither Fox nor the Company guarantees any specific business, financial, or personal outcome from your access to or use of Fox, including revenue, profit, business growth, enterprise value, valuation, financing, investment results, sales, customer acquisition, hiring outcomes, exit opportunities, implementation timelines, personal income, lifestyle improvements, or personal freedom.

Your results depend on numerous factors outside the Company’s control, including the information you provide, your decisions and implementation, your business model, resources, experience, and market conditions.

Any testimonials, case studies, examples, projections, forecasts, models, scenarios, or other information presented or generated through Fox are provided for informational or illustrative purposes only. They do not constitute a promise, prediction, or guarantee of your actual or future results. Past results, whether achieved by the Company, its clients, Fox users, or others, are not necessarily indicative of future performance.

8.  Business and Financial Information

As part of your use of Fox, you may submit or upload financial information, business metrics, projections, valuations, budgets, forecasts, goals, and other business data for analysis or use by the Platform. Fox may process that information and generate analyses, recommendations, projections, questions, summaries, or other outputs based on information provided by you and assumptions derived from or applied to that information.

Neither Fox nor the Company audits, independently verifies, or certifies the accuracy or completeness of financial or business information you provide. You are responsible for reviewing your information for accuracy and keeping information used through Fox reasonably current.

You remain responsible for maintaining accurate books and records, financial statements, tax and regulatory filings, internal financial controls, and other financial obligations of your business.

The Company is not responsible for any output, analysis, recommendation, decision, or outcome affected by inaccurate, incomplete, outdated, misleading, or omitted information provided by you or otherwise made available to Fox.

9.  Intellectual Property and License to Use Fox

Fox, including its software, technology, design, interface, features, functionality, methodologies, frameworks, processes, systems, workflows, prompts, instructions, logic, configurations, databases, models and model configurations to the extent owned by the Company, documentation, content, graphics, branding, and other proprietary materials made available through or used to operate Fox (collectively, “Fox Materials”), is owned by or licensed to the Company and is protected by applicable intellectual property and other laws.

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 right to access and use Fox and the Fox Materials solely for your own internal business purposes during the period in which you are authorized to access the Platform.

You may not, without the Company’s prior written consent:

• copy, reproduce, publish, distribute, sell, sublicense, license, rent, lease, transfer, or commercially exploit Fox or the Fox Materials;
• modify, adapt, translate, or create derivative works based on Fox or the Fox Materials, except with respect to your permitted use of outputs as expressly provided under these Terms;
• reverse engineer, decompile, disassemble, decode, attempt to derive source code from, or otherwise attempt to discover the underlying structure, technology, logic, prompts, instructions, systems, methodologies, or operation of Fox, except to the limited extent such restriction is prohibited by applicable law;
• use Fox, the Fox Materials, or access to the Platform to develop, train, improve, benchmark, validate, or assist in developing a competing artificial intelligence system, software product, advisory platform, methodology, service, or other competing offering;
• use automated means, including bots, crawlers, scrapers, scripts, or similar technologies, to access, extract, scrape, copy, monitor, or collect data or content from Fox except as expressly authorized by the Company;
• upload, transmit, or provide Fox Materials to another artificial intelligence, machine learning, or similar system for purposes of training, replication, extraction, development of competing materials or systems, or creation of substantially similar content or functionality;
• share, sell, transfer, or otherwise provide your account credentials or access to Fox to any unauthorized person;
• circumvent or attempt to circumvent usage limits, access restrictions, security measures, technical protections, or other controls implemented by the Company; or
• remove, obscure, or alter any copyright, trademark, confidentiality, attribution, or other proprietary notice associated with Fox or the Fox Materials.

All rights not expressly granted under these Terms are reserved by the Company and its licensors. The Company may suspend or revoke access to Fox or the Fox Materials for unauthorized use, access, reproduction, disclosure, or other violation of this Section.

You acknowledge that unauthorized access to, use of, reproduction of, or disclosure of Fox or the Fox Materials may cause harm for which monetary damages may not provide an adequate remedy. Accordingly, the Company may seek injunctive or other equitable relief for actual or threatened violations of this Section, in addition to any other remedies available under applicable law.

10.  User Content, Uploaded Materials, and Outputs

You retain ownership of the documents, information, content, intellectual property, prompts, messages, files, and other materials you submit, enter, transmit, or upload to Fox (“User Content”).

You grant the Company a limited right to access, use, reproduce, transmit, store, and otherwise process User Content as reasonably necessary to operate, maintain, secure, support, and provide Fox, generate outputs requested by you, maintain related business records, and comply with applicable law.

You represent that you own or otherwise have sufficient rights and authority to provide User Content to Fox and permit its use as contemplated by these Terms. You are responsible for ensuring that your submission of User Content complies with applicable law and does not infringe, misappropriate, or otherwise violate the intellectual property, privacy, confidentiality, contractual, or other rights of any third party.

Fox may generate analyses, recommendations, summaries, plans, projections, responses, and other content based on your User Content and your interactions with the Platform (“Outputs”). Subject to these Terms and any rights of the Company or third parties in underlying materials or technology, you may use Outputs generated for you for your own lawful business purposes.

Because Fox uses artificial intelligence and other automated technologies, Outputs may not be unique. Other users may receive the same or similar outputs based on similar inputs, circumstances, or requests. Your rights in an Output do not give you ownership of Fox, the Fox Materials, the Company’s methodologies, frameworks, systems, prompts, instructions, technology, or other intellectual property incorporated into or used to generate that Output.

The Company will handle User Content in accordance with these Terms and the Company’s Privacy Policy.

11.  Confidentiality

In operating Fox, the Company may receive or process non-public information regarding your business, finances, operations, strategies, customers, personnel, intellectual property, or other proprietary matters (“Confidential Information”). The Company will use Confidential Information only as reasonably necessary to provide, operate, maintain, secure, and support Fox, administer your account or subscription, comply with applicable law, or as otherwise described in the Company’s Privacy Policy. The Company will use reasonable measures to protect Confidential Information from unauthorized use or disclosure.

The Company may disclose or make Confidential Information available to its employees, contractors, professional advisers, technology providers, artificial intelligence providers, hosting providers, and other service providers who reasonably require access to perform services on the Company’s behalf, subject to appropriate confidentiality obligations or restrictions.

Confidential Information does not include information that: (a) is or becomes publicly available through no breach of these Terms; (b) was lawfully known to the Company without a confidentiality obligation before disclosure; (c) is received lawfully from a third party without a confidentiality obligation; or (d) is independently developed without use of your Confidential Information.

The Company may disclose Confidential Information when required by law, subpoena, court order, or other valid legal process. Where legally permitted and reasonably practicable, the Company may provide notice of such a request before disclosure.

You are responsible for determining what information you choose to submit to Fox and whether you have the right to submit that information. Information submitted to or processed through Fox does not become protected by attorney-client privilege, accountant-client privilege, or any other professional privilege merely because it is treated as confidential under these Terms.

12.  Subscription, Billing, and Payment Terms

Fees for access to Fox are due as stated at checkout, on the applicable order form or invoice, or in a separate written agreement. Unless otherwise stated, payment is required in advance for the applicable subscription or access period.

If you purchase a recurring subscription, you authorize the Company and its payment processor to automatically charge your selected payment method for the applicable subscription fees and taxes at the beginning of each billing period until you cancel your subscription in accordance with these Terms.

Subscription fees, billing frequency, included features, usage limits, and other applicable subscription terms will be disclosed at the time of purchase or in an applicable written agreement. The Company may offer different subscription plans with different features, functionality, usage limits, access rights, or pricing.

If a payment is declined, reversed, disputed, or otherwise unsuccessful, the Company may attempt to process the payment again and may suspend or restrict your access to Fox until all amounts due are paid. You remain responsible for amounts properly incurred before cancellation, expiration, or termination of your subscription.

The Company may change subscription pricing or introduce new charges upon reasonable advance notice. Unless otherwise stated or required by law, a pricing change will apply beginning with a future renewal or billing period and will not retroactively increase fees already paid for a current subscription period.

You are responsible for applicable sales, use, or similar taxes imposed on your purchase, except taxes based on the Company’s income. To the extent permitted by law, you are also responsible for reasonable costs incurred by the Company in collecting past-due amounts.

Except as expressly provided in these Terms, an applicable written agreement, or applicable law, subscription fees are non-refundable, and you may not withhold, offset, or reduce amounts properly owed because of non-use, dissatisfaction, or a decision to discontinue use of Fox.

13.  Subscription Cancellation and Expiration

You may cancel a recurring Fox subscription at any time through the cancellation functionality provided within your account or through another cancellation method expressly provided by the Company.

Unless otherwise stated at the time of purchase or required by applicable law, cancellation stops future renewals and does not terminate or refund the subscription period for which you have already paid. Subscription fees are non-refundable, including when you cancel before the end of a paid subscription period.

Following cancellation, you may continue to access Fox through the end of your then-current paid subscription period, subject to these Terms. Your subscription will not renew after the end of that period unless you subsequently purchase or reactivate a subscription.

Failure to access or use Fox during a paid subscription period does not entitle you to a refund, credit, extension, or other adjustment.

Cancellation or expiration of a subscription does not automatically delete User Content, Outputs, account information, or other information associated with your use of Fox. You may request deletion of eligible personal information as described in the Company’s Privacy Policy. The retention and deletion of information associated with your account is governed by the Privacy Policy and applicable law.

When your paid subscription period ends, your right to access Fox and subscription-based features will end, unless otherwise provided by the applicable subscription terms.

The Company may suspend or terminate access to Fox as otherwise permitted under these Terms. Suspension or termination resulting from your violation of these Terms, nonpayment, misuse of the Platform, or other conduct for which suspension or termination is permitted does not entitle you to a refund except as required by applicable law.

14.  Sensitive Information and Prohibited User Content

Fox is designed to process business information and related materials but is not intended to receive or store information that presents heightened privacy, security, or regulatory risks.

You should not submit, enter, transmit, or upload to Fox passwords, authentication credentials, Social Security numbers, complete financial account numbers, payment card information, government-issued identification numbers, protected health information, or other highly sensitive personal information unless the Company expressly requests the information and provides an appropriate method for transmitting it.

You may not submit, enter, transmit, or upload User Content that:

• you do not have the legal right or authority to provide;
• violates applicable law or the intellectual property, privacy, confidentiality, contractual, or other rights of another person or entity;
• contains malicious code, viruses, malware, or other material designed to damage, interfere with, or gain unauthorized access to Fox or any system, network, or data; or
• is submitted for an unlawful, fraudulent, deceptive, or otherwise prohibited purpose.

You are responsible for reviewing documents and other materials before uploading them to Fox and for removing or redacting information that Fox does not need to process your request.

The Company may restrict, remove, or refuse to process User Content when reasonably necessary to protect Fox, its users, the Company, third parties, or the security or integrity of the Platform, or to comply with applicable law.

15.  Acceptable Use

You may use Fox only for lawful purposes and in accordance with these Terms. You are responsible for all activity conducted through your account and for your use of information and Outputs obtained through Fox.

You may not use Fox to:

• violate any applicable law, regulation, contractual obligation, or third-party right;
• engage in fraudulent, deceptive, abusive, threatening, harassing, defamatory, discriminatory, or otherwise unlawful conduct;
• impersonate another person or entity, misrepresent your identity or authority, or provide materially false information regarding your identity or account;
• gain or attempt to gain unauthorized access to Fox, another user’s account or information, or any computer system, network, database, or service connected to Fox;
• interfere with, disrupt, damage, disable, overload, or impair Fox or its infrastructure, security measures, or operation;
• introduce malicious code, viruses, malware, or other harmful technology into Fox;
• use Fox to generate, facilitate, promote, or assist unlawful activity;
• use Fox in a manner that infringes, misappropriates, or violates the intellectual property, privacy, confidentiality, contractual, or other rights of the Company or any third party; or
• assist another person in engaging in conduct prohibited by these Terms.

The Company may investigate suspected misuse of Fox and may restrict, suspend, or terminate access when the Company reasonably believes your use violates these Terms, threatens the security or integrity of Fox, creates material risk to the Company or another person, or is otherwise unlawful.

16.  Feedback

If you voluntarily provide feedback, suggestions, comments, ideas, or other input regarding Fox, the Company may use that feedback for legitimate business purposes, including developing, improving, modifying, and operating Fox, without compensation or other obligation to you.

Nothing in these Terms requires you to provide feedback, a testimonial, endorsement, or other promotional content as a condition of accessing or using Fox.

The Company will not use your name, image, likeness, business name, logo, or an identifiable testimonial or endorsement for advertising or promotional purposes without any consent or authorization required by applicable law.

17.  Privacy and Data

The Company’s collection, use, disclosure, storage, and other processing of personal information in connection with Fox is governed by the Company’s Privacy Policy, which is incorporated into these Terms by reference.

The Company uses reasonable administrative, technical, and organizational safeguards appropriate to the nature of the information it handles. However, no software platform, artificial intelligence system, method of electronic transmission, or method of electronic storage is completely secure. The Company does not guarantee that Fox or information transmitted, stored, or processed through Fox will be free from unauthorized access, acquisition, disclosure, loss, alteration, or other security incidents.

Fox relies on third-party technology and service providers to provide certain functionality, which may include cloud infrastructure, hosting, payment processing, analytics, artificial intelligence and model providers, and other technology services. Information may be transmitted to or processed by those providers as reasonably necessary to operate and provide Fox. The Company’s Privacy Policy provides additional information regarding applicable categories of providers and data-processing practices.

The Company may use de-identified or aggregated information derived from use of Fox for legitimate business purposes, including operating, analyzing, maintaining, securing, and improving the Platform, provided that such information does not reasonably identify you or your business.

Identifiable User Content associated with one user is not made available as User Content to other Fox users or used by the Company to generate personalized Outputs for another user. The Company may use de-identified, aggregated, or non-identifying structural information derived from use of Fox for the purposes described above, provided that such information does not reasonably identify the applicable user or business.

The Company may retain User Content, account information, usage information, and other information associated with Fox for the periods reasonably necessary for the purposes described in these Terms and the Privacy Policy, including providing the Platform, maintaining business records, resolving disputes, enforcing agreements, maintaining security, and complying with applicable law. Additional information regarding retention and deletion practices is provided in the Privacy Policy.

Additional information regarding the categories of information collected, purposes of processing, third-party providers, retention practices, security practices, and applicable privacy rights is provided in the Company’s Privacy Policy.

18.  AI-Generated Outputs and Reliance

Fox uses artificial intelligence and other automated technologies to generate Outputs based on User Content, information available to the Platform, and the systems and methodologies used to operate Fox.

Artificial intelligence is probabilistic and may generate Outputs that are inaccurate, incomplete, inconsistent, outdated, misleading, or otherwise unsuitable for your particular circumstances. An Output may appear confident, detailed, or authoritative even when it contains an error or is based on an incorrect assumption. The Company does not guarantee the accuracy, completeness, reliability, currency, or suitability of any Output.

Outputs may also depend on the accuracy, completeness, and context of the information you provide. Fox may not identify errors, omissions, inconsistencies, or incorrect assumptions contained in User Content and may generate Outputs based on that information.

You are responsible for reviewing and evaluating Outputs before relying on or implementing them. You should independently verify information that may materially affect your business, finances, legal obligations, taxes, investments, personnel, contracts, or other significant decisions and obtain advice from appropriately qualified professionals when necessary.

You should not rely on Fox as the sole basis for decisions that may have significant legal, tax, financial, investment, employment, regulatory, or other consequences.

Outputs are generated based on information and circumstances available at the time of generation. Business conditions, laws, regulations, market conditions, financial circumstances, third-party information, and other relevant factors may change, and the Company does not undertake to automatically update previously generated Outputs to reflect subsequent developments.

Fox does not guarantee that Outputs will be unique. Similar or identical inputs may result in similar Outputs for different users, and the same or similar inputs may produce different Outputs at different times.

19.  Artificial Intelligence and Third-Party Model Providers

Fox may use artificial intelligence models, application programming interfaces, software, infrastructure, and other technology provided by third parties to process User Content and generate or support Outputs and other Platform functionality.

The Company does not own or control all third-party artificial intelligence models or technology used in connection with Fox. The operation, availability, performance, security, and functionality of those technologies may be affected by the acts, omissions, policies, systems, limitations, or changes of the applicable third-party providers.

The Company may select, replace, add, remove, or modify artificial intelligence models, model providers, or other technology used to operate Fox as the Platform develops. The Company does not guarantee that Fox will use any particular artificial intelligence model, provider, technology, model version, or technical configuration for any particular period.

User Content may be transmitted to and processed by third-party artificial intelligence or technology providers as reasonably necessary to operate and provide Fox. The Company will use such providers consistent with its Privacy Policy and will exercise reasonable care in selecting providers appropriate for the intended purpose.

The Company does not control changes made by third-party providers to their technology, models, systems, availability, security practices, terms, or data practices. Information regarding the Company’s collection, use, disclosure, and processing of information through Fox, including applicable categories of service providers, is described in the Company’s Privacy Policy.

20.  Third-Party Platforms, Tools, and Services

The Company may use third-party platforms, software, infrastructure, and service providers to operate and provide Fox, including hosting and cloud services, payment processors, analytics providers, communication services, artificial intelligence providers, and other technology providers.

The Company does not own or control these third-party services. Certain third-party services may be subject to their own terms, privacy policies, technical limitations, and practices.

To the extent beyond the Company’s reasonable control, the Company is not responsible for third-party outages, service interruptions, security incidents, errors, failures, platform changes, loss of functionality, or discontinuation of services.

The Company may replace, change, add, or remove third-party providers or technology used in connection with Fox as reasonably necessary to operate, maintain, secure, improve, or develop the Platform.

21.  Disclaimer of Warranties

To the fullest extent permitted by applicable law, Fox, the Fox Materials, Outputs, and all features, functionality, information, and content made available through the Platform are provided “as is” and “as available,” without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

The Company does not warrant that Fox will be uninterrupted, continuously available, secure, error-free, or free from harmful components, or that defects or errors will be identified or corrected. The Company does not warrant that any Output or other information provided through Fox will be accurate, complete, current, reliable, unique, suitable for your particular circumstances, or capable of producing any particular business, financial, or other result.

The Company does not warrant that Fox will identify errors, omissions, inconsistencies, or inaccuracies in User Content or other information provided to the Platform. Your use of Fox and reliance on any Output or information obtained through the Platform is at your own risk, subject to any rights that cannot lawfully be waived or limited.

The Company makes no warranties regarding the availability, performance, accuracy, security, reliability, continued availability, or functionality of any third-party artificial intelligence model, platform, software, infrastructure, tool, service, or content used in connection with Fox.

Some jurisdictions do not allow the exclusion of certain warranties. Where an exclusion is not permitted, the applicable warranty will be limited to the minimum extent permitted by law.

22.  Limitation of Liability

To the fullest extent permitted by applicable law, the Company and its owners, officers, directors, employees, contractors, agents, affiliates, successors, and assigns will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business opportunities, goodwill, anticipated savings, or data, or for business interruption, arising out of or related to Fox, the Fox Materials, Outputs, User Content, these Terms, or your access to or use of, or inability to access or use, the Platform, regardless of the legal theory asserted.

This limitation applies, without limitation, to losses arising from or relating to:

• your reliance on, use of, or implementation of any Output, analysis, recommendation, projection, or other information generated or provided through Fox;
• business, financial, operational, employment, investment, legal, tax, or other decisions made based on or in connection with Fox;
• inaccurate, incomplete, outdated, misleading, or omitted User Content or other information provided to or processed through Fox;
• errors, inaccuracies, omissions, inconsistencies, or other limitations in Outputs or artificial intelligence technology;
• third-party artificial intelligence models, platforms, software, infrastructure, tools, or service providers;
• outages, interruptions, delays, technical failures, changes to or discontinuation of features or functionality, or inability to access or use Fox; or
• loss, corruption, alteration, unauthorized access to, or unauthorized disclosure of User Content, data, or other information,

except to the extent liability for such matters cannot lawfully be limited or excluded.

To the fullest extent permitted by applicable law, the aggregate liability of the Company and the other covered parties identified above for all claims arising out of or relating to Fox, these Terms, or your access to or use of the Platform will not exceed the total fees you paid to the Company for access to Fox during the twelve (12) months immediately preceding the event giving rise to the claim.

The limitations and exclusions in this Section apply regardless of whether the Company was advised of or should have known of the possibility of the applicable damages and regardless of whether any limited remedy fails of its essential purpose.

The limitations and exclusions in this Section apply to the maximum extent permitted by applicable law. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

23.  Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company and its owners, officers, directors, employees, contractors, agents, affiliates, successors, and assigns from and against third-party claims, liabilities, damages, judgments, losses, and reasonable costs and expenses, including attorneys’ fees, arising out of or relating to:

• User Content or other information, documents, or materials you submit, transmit, or upload to Fox;
• your use or misuse of Fox or the Fox Materials;
• your use, implementation, publication, distribution, or other use of Outputs;
• your infringement, misappropriation, or violation of a third party’s intellectual property, privacy, confidentiality, contractual, or other rights;
• your submission to Fox of personal, confidential, proprietary, or other information that you do not have the right or authority to provide or process;
• your business operations, products, services, activities, or decisions made in connection with your use of Fox;
• your violation of these Terms; or
• your violation of applicable law or regulation.

The Company will provide reasonable notice of any indemnified claim and reasonable cooperation in its defense, at your expense. You may control the defense and settlement of the claim with counsel reasonably acceptable to the Company, provided that you may not enter into any settlement that admits wrongdoing by, imposes liability or obligations on, or otherwise materially affects the Company or another indemnified party without the affected party’s prior written consent. The Company may participate in the defense with counsel of its choosing at its own expense.

24.  Termination and Suspension

The Company may suspend, restrict, or terminate your access to Fox, in whole or in part, for nonpayment, material breach of these Terms or an applicable agreement, misuse of Fox or the Fox Materials, violation of applicable usage restrictions, or conduct that is unlawful, fraudulent, abusive, threatening, harmful, or reasonably likely to compromise the security, integrity, availability, or operation of Fox or cause harm to the Company, another user, or a third party.

The Company may also temporarily suspend or restrict access to Fox when reasonably necessary to investigate suspected unauthorized activity, respond to an actual or suspected security incident, prevent harm to the Platform or its users, comply with applicable law or legal process, or address circumstances that create a material security, legal, or operational risk.

The Company may discontinue Fox or materially discontinue access to the Platform as provided in these Terms. If the Company permanently discontinues Fox during a prepaid subscription period for reasons unrelated to your breach of these Terms, the Company will provide any refund, credit, or other remedy required by the applicable subscription terms, an applicable Additional Agreement, or applicable law.

Termination, expiration, or suspension does not eliminate any payment obligation that accrued before the effective date of termination, expiration, or suspension or any other amount that remains payable under an applicable agreement.

Upon termination or expiration of your right to access Fox, your license and right to access and use the Platform will end. Access to User Content, Outputs, account information, or other information associated with your account may also end and will be subject to the Company’s then-current retention and deletion practices as described in its Privacy Policy. You are responsible for retaining copies of User Content and Outputs that you wish to maintain outside of Fox.

Any provisions that by their nature should survive termination or expiration will remain in effect, including provisions concerning accrued payment obligations, intellectual property, User Content and Outputs, confidentiality, disclaimers, limitations of liability, indemnification, and dispute resolution.

25.  Force Majeure

The Company will not be responsible for any delay, interruption, unavailability, or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, epidemic or public health events, governmental actions, labor disruptions, telecommunications or internet failures, power outages, cybersecurity events, failures or interruptions of cloud or hosting infrastructure, or failures, interruptions, changes, or unavailability involving third-party platforms, artificial intelligence providers, application programming interfaces, vendors, or other service providers.

If such an event materially affects the availability or operation of Fox, the Company may reasonably suspend or limit access, modify affected functionality, use alternative technology or service providers, or take other reasonable measures to restore or continue operation of the Platform.

26.  Independent Relationship

The relationship between you and the Company is that of independent contracting parties. Nothing in these Terms or your access to or use of Fox creates a partnership, joint venture, employment, agency, or similar relationship between you and the Company.

Neither party has authority to enter into an agreement, incur an obligation, make a representation, or otherwise bind the other party unless expressly authorized in writing.

27.  Electronic Communications and Electronic Signatures

You consent to conduct business with the Company electronically, including through email, electronic forms, online checkout processes, electronic signatures, and other digital communications.

Your electronic signature, selection of an acceptance box, completion of an online purchase, or other electronic indication of assent will have the same force and effect as a handwritten signature to the extent permitted by applicable law.

You consent to receive agreements, policies, invoices, notices, disclosures, and other communications electronically at the email address or other contact information you provide to the Company. You are responsible for maintaining accurate and current contact information and for monitoring communications sent to that information.

28.  Arbitration and Dispute Resolution

These Terms and any dispute arising out of or relating to Fox, your access to or use of Fox, or the relationship between you and the Company will be governed by the laws of the State of Wisconsin, without regard to its conflict-of-laws principles, except to the extent applicable federal law controls.

Before initiating arbitration, the party asserting a dispute must provide the other party with written notice describing the nature of the dispute and the relief requested. The parties will attempt in good faith to resolve the dispute informally for thirty (30) days after receipt of the notice.

If the dispute is not resolved during that period, it will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”). The arbitration will be conducted under the AAA rules applicable to the dispute, including the AAA Consumer Arbitration Rules for disputes subject to those rules and the AAA Commercial Arbitration Rules for applicable commercial disputes, in each case as determined by the AAA and subject to applicable law.

Unless applicable law or the applicable AAA rules require otherwise, the arbitration will take place in Brown County, Wisconsin or remotely by videoconference as determined by the arbitrator after considering the circumstances of the parties.

Arbitration will be conducted on an individual basis. To the extent permitted by applicable law, neither party may bring or participate in a class, collective, consolidated, or representative proceeding, and each party waives the right to a trial by jury for disputes subject to arbitration.

Notwithstanding the foregoing, either party may bring an eligible individual claim in small claims court. The Company may also seek temporary, preliminary, or other injunctive or equitable relief from a court of competent jurisdiction to prevent actual or threatened misuse of its intellectual property, Confidential Information, or proprietary materials without first completing arbitration.

Arbitration fees and costs will be allocated in accordance with the applicable AAA rules and applicable law. Attorneys’ fees and other expenses will be allocated in accordance with Section 30(f), any applicable Additional Agreement, and applicable law.

29.  Notices

Notices required under these Terms may be delivered by email or, where appropriate, by nationally recognized overnight courier or certified mail to the contact information maintained by the receiving party.

Notices to the Company must be sent to [email protected] or to any replacement contact information designated by the Company.

Electronic notices will be deemed received when sent to the recipient’s designated email address unless the sender receives notice that delivery failed. You are responsible for maintaining accurate and current contact information with the Company and promptly notifying the Company of any changes.

30.  General Provisions

• Changes to Terms. The Company may update these Terms from time to time by posting the revised Terms and updating the “Last Updated” date. Changes will apply prospectively unless otherwise permitted by applicable law. If a change materially affects an existing paid subscription or other access to Fox, the terms in effect at the time of purchase will continue to govern that subscription or access period unless you agree to the revised terms or applicable law permits otherwise.
• Entire Agreement and Order of Precedence. These Terms, together with the Company’s Privacy Policy, applicable checkout or subscription terms, and any Additional Agreement, constitute the agreement between you and the Company concerning your access to and use of Fox. If there is a direct conflict, an Additional Agreement will control with respect to the specific subscription, access, or provision addressed by that agreement. Otherwise, these Terms will govern. The Privacy Policy governs the Company’s handling of personal information.
•   You may not assign or transfer your rights or obligations under these Terms without the Company’s prior written consent. The Company may assign or transfer these Terms, in whole or in part, by operation of law or in connection with a merger, acquisition, reorganization, sale of the Company, or transfer of all or substantially all of the assets or business relating to Fox.
•   If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in effect, except where applicable law requires otherwise.
• No Waiver. A party’s failure or delay in exercising any right or enforcing any provision of these Terms does not waive that right or provision.
• Attorneys’ Fees. To the extent permitted by applicable law and the applicable arbitration rules, the prevailing party in an action or proceeding to enforce these Terms may recover its reasonable attorneys’ fees and costs, unless applicable law, the applicable arbitration rules, or an Additional Agreement requires otherwise.
• No Third-Party Beneficiaries. Except for the persons and entities expressly entitled to protections under these Terms, these Terms do not create any rights or remedies for any other third party.
• Headings and Construction. Section headings are provided for convenience only and do not affect interpretation. Words such as “including” and “include” are illustrative and do not limit the preceding terms.

31.  Contact Information

Questions regarding these Terms or Fox may be directed to:

Business Wealth Advisory, Inc.
Email: [email protected] 

The Company’s current Privacy Policy is available through the Company’s website and applicable purchase or subscription pages.