Terms of Service

Effective Date: Sept 20, 2026

Terms of Service

These Terms of Service (“Terms”) govern your access to and use of Ask Fulton’s websites, software, artificial intelligence features, educational materials, digital content, and related products and services (collectively, the “Services”).

These Terms form a legally binding agreement between you and Ask Cliff LLC DBA Ask Fulton (“Ask Fulton,” “we,” “us,” or “our”).

By creating an account, purchasing a subscription or other plan, accessing the Services, or otherwise using the Services, you agree to these Terms.

If you do not agree to these Terms, do not access or use the Services.

IMPORTANT NOTICE REGARDING ARBITRATION

PLEASE READ SECTION 20 CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for certain disputes described below, these Terms require disputes between you and Ask Fulton to be resolved through binding individual arbitration rather than in court.

These Terms also include a waiver of jury trials and class, collective, representative, and certain mass proceedings.

You may opt out of the arbitration agreement within 30 days after first becoming subject to it, as described in Section 20.

Our Privacy Policy explains how we collect, use, disclose, and protect personal information and is incorporated into these Terms by reference.

1. Who We Are

Ask Fulton is an educational technology platform designed to help adults understand and responsibly use modern technology, including artificial intelligence.

Ask Fulton provides educational software, lessons, content, interactive tools, and AI-powered features.

2. Eligibility

You must be at least 18 years old to create an account or use the Services.

By using the Services, you represent and warrant that:

you are at least 18 years old;
you have the legal capacity to enter into these Terms; and
your use of the Services will comply with these Terms and applicable law.

The Services are intended for adults only.

3. Educational Nature of the Services

The Services are provided for educational and informational purposes only.

Ask Fulton does not provide legal, medical, mental-health, psychological, financial, investment, tax, accounting, cybersecurity, emergency, crisis-intervention, safety, or other professional or regulated advice or services.

Nothing provided through the Services creates a professional-client, fiduciary, advisory, attorney-client, doctor-patient, therapist-patient, financial-adviser, emergency-services, or other professional relationship.

THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT, MEDICAL OR MENTAL-HEALTH CARE, EMERGENCY SERVICES, OR HUMAN SUPERVISION WHERE HEALTH OR SAFETY MAY BE AT RISK.

You should consult an appropriately qualified professional when professional advice is appropriate.

4. Artificial Intelligence Features

Certain portions of the Services use artificial intelligence, machine learning, large language models, search technologies, or similar systems (“AI Features”).

A. Nature and Limitations of AI

Artificial intelligence systems are probabilistic and may generate information that is:

inaccurate;
incomplete;
outdated;
misleading;
biased;
offensive;
inappropriate;
inconsistent;
fabricated;
unsafe in a particular context; or
presented with greater confidence than warranted.

AI-generated information may omit important facts, misunderstand your request, misunderstand the seriousness of a situation, fail to recognize relevant circumstances, or provide a response that is inappropriate for your particular situation.

AI systems do not independently guarantee or verify the truth, completeness, safety, legality, or appropriateness of their responses.

B. No Reliance on AI Output

You are solely responsible for evaluating information generated through the Services before relying on, publishing, sharing, transmitting, implementing, or acting upon it.

Where appropriate, you should:

independently verify information;
review original or authoritative sources;
obtain qualified human review; and
consult an appropriate professional.

YOU MUST NOT RELY ON AI-GENERATED OUTPUT FOR EMERGENCY, LIFE-SAFETY, OR OTHER HIGH-STAKES DECISIONS.

This includes decisions involving:

physical health;
mental health;
personal safety;
the safety of another person;
self-harm or suicide;
violence or threats of violence;
emergencies;
medication or medical treatment;
finances;
legal rights;
employment;
insurance;
cybersecurity;
investments; or
other circumstances in which inaccurate information could reasonably result in serious harm.

C. Scam, Fraud, and Cybersecurity Disclaimer

The Services may provide educational content relating to scams, fraud, phishing, cybersecurity, online safety, identity theft, or similar risks.

Ask Fulton does not guarantee that the Services will identify, detect, prevent, or protect you from any scam, fraud, phishing attempt, identity theft, cybersecurity incident, financial loss, deceptive communication, malicious software, or other harmful activity.

Scammers and malicious actors continuously change their methods, and no educational or technological system can identify every threat.

You remain responsible for evaluating communications, protecting your accounts and information, and taking appropriate precautions.

D. No Guarantee of Results

Ask Fulton makes no guarantee regarding:

learning outcomes;
financial outcomes;
professional outcomes;
health or safety outcomes;
accuracy of AI-generated responses;
protection from scams or fraud;
prevention of injury or harm;
improvement in technological proficiency;
successful completion of any task; or
any particular result from using the Services.

5. Safety, Self-Harm, Violence, and Emergencies

THE SERVICES ARE NOT AN EMERGENCY SERVICE, CRISIS-INTERVENTION SERVICE, SUICIDE-PREVENTION SERVICE, MEDICAL SERVICE, MENTAL-HEALTH SERVICE, VIOLENCE-PREVENTION SERVICE, OR OTHER PROFESSIONAL SAFETY SERVICE.

DO NOT RELY ON THE SERVICES IN AN EMERGENCY OR WHEN THERE IS AN IMMEDIATE OR POTENTIAL RISK OF DEATH, BODILY INJURY, SELF-HARM, SUICIDE, VIOLENCE, ABUSE, OR HARM TO ANOTHER PERSON.

If you believe that you or another person is in immediate danger, may harm themselves, may attempt suicide, may harm another person, or otherwise requires emergency assistance, contact appropriate emergency services or a qualified professional immediately rather than relying on the Services.

Artificial intelligence may:

fail to recognize that an emergency exists;
fail to identify suicidal or violent intent;
misunderstand ambiguous statements;
underestimate the seriousness of a situation;
fail to account for relevant medical, psychological, environmental, or personal circumstances;
provide incomplete or inappropriate information; or
generate information that could be unsafe if followed.

Ask Fulton does not represent or warrant that the Services can identify, assess, predict, prevent, intervene in, or respond appropriately to:

suicide;
self-harm;
threats of violence;
violent behavior;
abuse;
medical emergencies;
mental-health crises;
dangerous behavior;
criminal conduct; or
other circumstances involving a risk of death or bodily injury.

You are responsible for your decisions, actions, and use of information obtained through the Services.

Prohibited Harmful Uses

You may not use, attempt to use, assist another person in using, or permit the Services to be used to:

encourage, facilitate, instruct, plan, promote, or carry out suicide or intentional self-injury;
threaten, plan, facilitate, encourage, or carry out violence or physical harm against another person;
abuse, exploit, stalk, harass, threaten, or endanger another person;
obtain instructions with the intent to cause death or serious bodily injury;
facilitate dangerous or unlawful conduct that creates a substantial risk of physical harm; or
otherwise use the Services in a manner intended or reasonably likely to cause death, bodily injury, or serious physical harm.

Ask Fulton may immediately restrict, suspend, or terminate access where we reasonably believe use of the Services presents a risk of serious harm to any person.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASK FULTON DOES NOT ASSUME RESPONSIBILITY FOR ACTIONS TAKEN OR NOT TAKEN BY A USER OR OTHER PERSON IN RELIANCE ON AI-GENERATED OUTPUT, INCLUDING DECISIONS OR CONDUCT INVOLVING PERSONAL SAFETY, SELF-HARM, SUICIDE, VIOLENCE, MEDICAL OR MENTAL-HEALTH EMERGENCIES, OR HARM TO ANOTHER PERSON.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

6. Accounts and Security

You may be required to create an account to access certain portions of the Services.

You agree to:

provide accurate and current account information;
maintain the confidentiality of your login credentials;
use reasonable measures to protect your account;
promptly notify us of suspected unauthorized access; and
accept responsibility for activity occurring through your account to the extent permitted by law.

Accounts are personal and may not be sold, transferred, shared, or assigned without our permission.

You may not create multiple accounts for the purpose of avoiding usage limits, payment obligations, suspensions, restrictions, or enforcement actions.

Security

We use reasonable administrative, technical, and organizational measures designed to protect the Services and information we process.

However, no system, network, transmission method, storage system, or security measure is completely secure.

We do not guarantee that the Services or information transmitted through the Services will be immune from unauthorized access, loss, misuse, alteration, disclosure, interruption, or security incidents.

You are responsible for using appropriate security practices when using the Services.

7. User Input and AI Output

A. Input

You may provide text, questions, instructions, documents, images, information, or other materials to the Services (“Input”).

You represent and warrant that you have all rights, licenses, permissions, and authority necessary to provide your Input and that your Input does not violate applicable law or the rights of another person.

B. Output

The Services may generate text, recommendations, explanations, summaries, responses, images, or other material based on your Input (“Output”).

Input and Output are collectively referred to as “Content.”

C. Ownership

As between you and Ask Fulton, and to the extent permitted by applicable law:

you retain your ownership rights in your Input; and
you own the Output generated for you.

To the extent Ask Fulton obtains any ownership interest in Output generated specifically for you, Ask Fulton assigns that interest to you.

This assignment does not apply to:

Ask Fulton technology;
software;
prompts or system instructions;
templates;
lessons;
educational materials;
interface components;
underlying models;
proprietary methodologies;
third-party content; or
Output generated independently for other users.

D. Similarity of Output

Because of the nature of artificial intelligence, Output may not be unique.

Other users may receive Output that is identical or similar to Output generated for you, including where users submit similar requests.

Content independently generated for another user is not your Content merely because it resembles your Output.

You acknowledge that Ask Fulton does not guarantee the uniqueness of Output.

E. Intellectual Property Status of Output

Ask Fulton does not represent or warrant that:

Output is eligible for copyright, patent, trademark, or other intellectual-property protection;
Output is unique;
Output does not resemble existing works; or
your use of Output will not infringe or otherwise violate the rights of another person.

You are responsible for determining whether your proposed use of Output is legally appropriate.

8. How We May Use Content

You grant Ask Fulton a non-exclusive, worldwide, royalty-free license to host, process, transmit, reproduce, store, format, display, and otherwise use your Content only as reasonably necessary to:

provide the Services;
process your requests;
maintain and operate the Services;
secure the Services;
troubleshoot technical problems;
prevent fraud, abuse, misuse, or harmful activity;
enforce these Terms;
comply with applicable law; and
improve the operation and functionality of the Services as described in our Privacy Policy.

Our handling of personal information is governed by our Privacy Policy.

Unless otherwise disclosed in our Privacy Policy or separately agreed to by you, Ask Fulton will not represent that your private Content is being used to train third-party generative AI models.

Third-party AI providers may process Content as necessary to provide AI-powered portions of the Services. Their treatment of such information is described in our Privacy Policy and may also be subject to their applicable terms and policies.

9. Sensitive Information

You should not submit information to the Services that is unnecessary for your use of the Services or that creates significant security, privacy, or confidentiality risks.

In particular, do not submit:

Social Security numbers;
government identification numbers;
passwords;
authentication credentials;
private encryption keys;
complete payment-card numbers;
bank-account credentials;
highly sensitive medical or mental-health records;
confidential trade secrets belonging to another party;
information protected by professional confidentiality obligations; or
personal information about another person that you are not authorized to provide.

Ask Fulton is not intended to serve as a repository for highly sensitive or legally regulated information.

10. Third-Party AI Providers and Services

Some portions of the Services may rely on third parties, including:

artificial intelligence model providers;
search providers;
cloud-hosting providers;
analytics providers;
payment processors;
authentication providers; and
other technology services.

We may add, replace, modify, or discontinue third-party providers at any time.

Ask Fulton does not control third-party services and does not guarantee their:

availability;
continued operation;
performance;
security;
accuracy;
reliability;
safety;
functionality;
outputs; or
continued compatibility with the Services.

Third-party AI systems may independently generate inaccurate, inappropriate, misleading, or unsafe information.

To the maximum extent permitted by law, Ask Fulton is not responsible for the acts, omissions, interruptions, errors, failures, security incidents, outputs, content, or policies of third-party providers.

Your use of certain third-party functionality may also be subject to the applicable provider’s terms or policies.

11. Acceptable Use and Prohibited Conduct

You may use the Services only for lawful purposes and in accordance with these Terms.

You agree that you will not, and will not attempt to, assist, encourage, enable, or permit another person or entity to:

violate any applicable law or regulation;
violate another person's intellectual-property, privacy, publicity, contractual, or other rights;
use the Services to intentionally cause, facilitate, encourage, plan, or threaten death, bodily injury, self-harm, suicide, violence, abuse, or other serious physical harm;
use the Services for fraud, deception, phishing, scams, impersonation, harassment, abuse, or malicious activity;
submit third-party personal information without sufficient authorization;
transmit malware, viruses, malicious code, or harmful software;
interfere with or disrupt the Services;
circumvent or attempt to circumvent safety systems, usage limits, access controls, authentication mechanisms, or other technical restrictions;
reverse engineer, decompile, disassemble, or attempt to discover the source code or non-public architecture of the Services except where applicable law prohibits such restrictions;
extract, discover, reproduce, or systematically probe non-public prompts, system instructions, safeguards, evaluation methods, or proprietary configurations;
use prompt injection or similar techniques to intentionally bypass safeguards;
scrape, crawl, spider, harvest, or access the Services through automated means without our written permission;
use the Services or Output to develop, train, fine-tune, benchmark, or improve a competing artificial-intelligence model, product, or service without our written permission;
resell, sublicense, lease, or commercially redistribute access to the Services unless expressly authorized;
use multiple accounts or identities to evade restrictions or enforcement;
impersonate another person or falsely represent an affiliation;
interfere with another person's use of the Services; or
otherwise use the Services in a manner inconsistent with their intended purpose.

We may investigate suspected violations and may cooperate with law-enforcement authorities or other appropriate authorities when legally required or permitted.

12. Feedback

You are not required to provide feedback, suggestions, ideas, comments, or recommendations regarding the Services (“Feedback”).

If you choose to provide Feedback, you grant Ask Fulton a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to use, reproduce, modify, incorporate, commercialize, and otherwise exploit the Feedback for any lawful purpose without compensation or obligation to you.

Feedback is not confidential unless we expressly agree otherwise in writing.

13. Ask Fulton Intellectual Property

Except for your rights in Content as expressly described in these Terms, Ask Fulton and its licensors retain all right, title, and interest in and to the Services and all related intellectual property.

This includes, without limitation:

software;
source and object code;
user interfaces;
designs;
branding;
trademarks;
logos;
videos;
lessons;
articles;
written educational materials;
curriculum;
templates;
proprietary prompts;
system instructions;
workflows;
methodologies;
databases;
technology;
documentation; and
other materials provided by Ask Fulton.

Subject to your compliance with these Terms, Ask Fulton grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial purposes.

No rights are granted by implication, estoppel, or otherwise.

All rights not expressly granted are reserved by Ask Fulton and its licensors.

14. Payments and Subscriptions

Payments may be processed by third-party payment providers.

Ask Fulton does not store complete payment-card information when processing is handled directly by our payment provider.

A. Subscription Plans and Automatic Renewal

Certain plans are recurring subscriptions.

IF YOU PURCHASE A RECURRING SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL IT.

By purchasing a subscription, you authorize Ask Fulton and its payment providers to charge your selected payment method for the applicable subscription price and taxes at the beginning of each billing period until cancellation.

Renewal

Unless otherwise stated when you purchase the subscription, your subscription renews for successive periods equal to your original subscription period.

Cancellation

You may cancel your subscription at any time using the cancellation method provided through your account settings or payment portal.

Unless otherwise required by law, cancellation becomes effective at the end of your then-current billing period.

You may continue using the applicable paid Services through the remainder of the paid period.

Refunds

Except where required by law or expressly stated otherwise at the time of purchase, payments are non-refundable and Ask Fulton does not provide prorated refunds or credits for partially used billing periods.

Price Changes

We may change subscription prices.

Where required or appropriate, we will provide advance notice of a price increase before it applies to your next renewal.

If you do not agree to the revised price, you may cancel before the new price becomes effective.

B. One-Time Purchases

Some plans may be offered as one-time purchases providing access for a stated period.

One-time purchases do not automatically renew unless clearly disclosed to you before purchase.

C. Free Trials

If we offer a free trial, the applicable duration and conditions will be disclosed when you enroll.

Unless expressly disclosed otherwise before enrollment, Ask Fulton will not automatically charge you merely because a free trial ends.

D. Payment Authorization

By providing a payment method, you represent and warrant that you are authorized to use it.

If a payment fails, is reversed, is disputed, or cannot be processed, we may suspend, downgrade, or terminate paid access.

E. Taxes

You are responsible for applicable taxes associated with your purchase except taxes imposed on Ask Fulton’s income.

15. Changes to the Services

We may modify, add, remove, replace, suspend, restrict, or discontinue any portion of the Services at any time, including:

AI models;
AI providers;
lessons;
features;
functionality;
integrations;
safety features;
usage limits;
free plans;
paid plans;
pricing structures;
supported devices; and
content.

We do not guarantee that any particular model, provider, feature, functionality, safety feature, lesson, integration, or service will remain available.

To the maximum extent permitted by law, Ask Fulton will not be liable for modification, suspension, restriction, replacement, or discontinuation of the Services.

16. Suspension and Termination

We may restrict, suspend, or terminate your access to some or all of the Services if:

you violate these Terms;
we reasonably believe your use creates legal, security, operational, reputational, or safety risk;
we reasonably believe your use creates or contributes to a risk of death, bodily injury, self-harm, suicide, violence, abuse, or serious harm to another person;
payment obligations remain unpaid;
we detect suspected fraud, abuse, or misuse;
continued provision of the Services would violate law or third-party requirements;
a third-party provider restricts our ability to provide the Services; or
we discontinue the applicable Services.

We may suspend or terminate access immediately and without prior notice where we reasonably believe doing so is appropriate to address a safety, security, legal, fraud, abuse, or serious-harm risk.

Where appropriate, we may suspend access while investigating suspected violations.

You may stop using the Services at any time.

Effect of Termination

Upon termination, your right to access and use the affected Services ends.

Our handling and deletion of personal information following termination is governed by our Privacy Policy and applicable law.

If we terminate your account because you violated these Terms, fees already paid are non-refundable except where required by law.

Survival

Provisions that by their nature should survive termination will survive, including provisions concerning:

Content;
Feedback;
intellectual property;
safety and prohibited use;
disclaimers;
limitation of liability;
indemnification;
dispute resolution;
arbitration;
governing law; and
other accrued rights and obligations.

17. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

ASK FULTON AND ITS AFFILIATES, OWNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “ASK FULTON PARTIES”) DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF:

MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
TITLE;
NON-INFRINGEMENT;
ACCURACY;
RELIABILITY;
SAFETY; AND
QUIET ENJOYMENT.

WITHOUT LIMITING THE FOREGOING, THE ASK FULTON PARTIES DO NOT WARRANT THAT:

THE SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, SAFE, OR ERROR-FREE;
AI OUTPUT WILL BE ACCURATE, COMPLETE, APPROPRIATE, OR SAFE;
AI FEATURES WILL RECOGNIZE AN EMERGENCY, CRISIS, SUICIDAL INTENT, VIOLENT INTENT, MEDICAL CONDITION, OR OTHER DANGEROUS CIRCUMSTANCE;
THE SERVICES WILL PREVENT OR REDUCE THE RISK OF DEATH, BODILY INJURY, SELF-HARM, SUICIDE, VIOLENCE, ABUSE, OR OTHER HARM;
THE SERVICES WILL BE AVAILABLE AT ALL TIMES;
THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR DELAY;
DEFECTS OR ERRORS WILL BE CORRECTED;
THE SERVICES WILL BE SECURE;
THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
ANY PARTICULAR AI MODEL OR PROVIDER WILL REMAIN AVAILABLE;
THE SERVICES WILL PREVENT FRAUD, SCAMS, IDENTITY THEFT, OR CYBERSECURITY INCIDENTS; OR
USE OF THE SERVICES WILL PRODUCE ANY PARTICULAR RESULT.

YOU EXPRESSLY ACKNOWLEDGE THAT ARTIFICIAL INTELLIGENCE IS NOT A SUBSTITUTE FOR HUMAN JUDGMENT, PROFESSIONAL CARE, EMERGENCY ASSISTANCE, OR APPROPRIATE SAFETY PRECAUTIONS.

NO INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES CREATES A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions do not allow the exclusion of certain warranties, so portions of this Section may not apply to you.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE THEORY OF LIABILITY OR TYPE OF CLAIM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE:

THE ASK FULTON PARTIES WILL NOT BE LIABLE FOR ANY:

INDIRECT DAMAGES;
INCIDENTAL DAMAGES;
SPECIAL DAMAGES;
CONSEQUENTIAL DAMAGES;
EXEMPLARY DAMAGES;
PUNITIVE DAMAGES;
LOSS OF PROFITS;
LOSS OF REVENUE;
LOSS OF BUSINESS;
LOSS OF OPPORTUNITY;
LOSS OF GOODWILL;
LOSS OF ANTICIPATED SAVINGS;
LOSS, CORRUPTION, OR DISCLOSURE OF DATA;
INTERRUPTION OF SERVICE;
COST OF SUBSTITUTE SERVICES; OR
OTHER INTANGIBLE OR ECONOMIC LOSS,

ARISING OUT OF OR RELATING TO:

THESE TERMS;
THE SERVICES;
YOUR USE OF OR INABILITY TO USE THE SERVICES;
YOUR RELIANCE ON AI-GENERATED OUTPUT;
INACCURATE, INCOMPLETE, MISLEADING, INAPPROPRIATE, UNSAFE, OR OUTDATED OUTPUT;
YOUR FAILURE TO VERIFY OUTPUT;
ACTIONS TAKEN OR NOT TAKEN BASED ON OUTPUT;
USE OF THE SERVICES IN CONNECTION WITH AN EMERGENCY OR HIGH-STAKES DECISION;
A FAILURE OF THE SERVICES OR AI FEATURES TO RECOGNIZE, PREDICT, PREVENT, OR RESPOND TO A DANGEROUS SITUATION;
FRAUD, SCAMS, PHISHING, IDENTITY THEFT, OR CYBERSECURITY INCIDENTS;
THIRD-PARTY SERVICES OR AI PROVIDERS;
INTERRUPTION OR TERMINATION OF THIRD-PARTY AI MODELS;
LOSS OR UNAUTHORIZED DISCLOSURE OF INFORMATION; OR
ANY ACTION TAKEN OR NOT TAKEN BASED ON INFORMATION PROVIDED THROUGH THE SERVICES.

Personal Injury, Death, Self-Harm, and Violence

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ASK FULTON PARTIES WILL NOT BE LIABLE FOR DEATH, BODILY INJURY, PERSONAL INJURY, SELF-HARM, SUICIDE, ATTEMPTED SUICIDE, VIOLENCE, ABUSE, OR OTHER PHYSICAL OR PSYCHOLOGICAL HARM ARISING OUT OF OR RELATING TO:

A USER'S USE OR MISUSE OF THE SERVICES;
RELIANCE ON AI-GENERATED OUTPUT;
A USER'S FAILURE TO SEEK PROFESSIONAL OR EMERGENCY ASSISTANCE;
A USER'S FAILURE TO INDEPENDENTLY VERIFY OUTPUT;
A FAILURE OR ALLEGED FAILURE OF AI TO RECOGNIZE OR RESPOND TO AN EMERGENCY, CRISIS, DANGEROUS CONDITION, SUICIDAL INTENT, VIOLENT INTENT, OR OTHER SAFETY RISK;
ACTIONS OR OMISSIONS OF ANOTHER USER OR THIRD PARTY;
THIRD-PARTY AI PROVIDERS OR OTHER THIRD-PARTY SERVICES; OR
USE OF THE SERVICES IN VIOLATION OF THESE TERMS.

THE FOREGOING DOES NOT EXCLUDE OR LIMIT LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THE FOREGOING LIMITATIONS APPLY EVEN IF AN ASK FULTON PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF ALL ASK FULTON PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

(A) THE AMOUNT YOU PAID TO ASK FULTON FOR THE SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

(B) $100 USD.

These limitations apply even if a stated remedy fails of its essential purpose.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

Some jurisdictions do not permit certain exclusions or limitations of liability, including certain limitations relating to personal injury or death. In such jurisdictions, the exclusions and limitations in these Terms apply only to the maximum extent permitted by applicable law.

19. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the Ask Fulton Parties from and against third-party claims, demands, actions, proceedings, liabilities, damages, judgments, settlements, losses, penalties, fines, costs, and expenses, including reasonable attorneys’ fees and court costs, arising out of or relating to:

your violation or alleged violation of these Terms;
your Content;
your use or misuse of the Services;
your use, publication, sharing, or distribution of Output;
actions you take or fail to take based on Output;
your use of the Services to facilitate or contribute to self-harm, suicide, violence, abuse, bodily injury, death, or other harm to another person;
your violation of applicable law;
your infringement or misappropriation of another person's rights;
your violation of another person's privacy or publicity rights;
your fraudulent, deceptive, abusive, dangerous, or unlawful activity; or
your unauthorized access to or misuse of the Services.

Ask Fulton reserves the right to assume exclusive control of the defense of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.

20. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION AND LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF.

A. Informal Notice of Dispute

Before initiating arbitration, the party asserting a dispute must first provide the other party with a written Notice of Dispute and attempt in good faith to resolve the matter informally.

A Notice of Dispute sent to Ask Fulton must include:

your full name;
the email address associated with your Ask Fulton account;
a telephone number where you may be reached;
a description of the nature and factual basis of the dispute;
relevant dates, where applicable;
the specific relief you are seeking; and
your physical or electronic signature.

Notices to Ask Fulton must be sent to:

support@askfulton.com

with the subject line:

Notice of Dispute

If you are represented by counsel, the Notice should identify your counsel and authorize Ask Fulton to communicate with that attorney regarding the dispute.

Ask Fulton may send a Notice of Dispute to the email or mailing address associated with your account.

B. 60-Day Informal Resolution Period

After a valid Notice of Dispute is received, the parties will have 60 days to attempt to resolve the dispute informally.

During this period, either party may request an individualized telephone or video conference to discuss resolution.

Unless otherwise agreed, the individual asserting the claim and an Ask Fulton representative must personally participate in such conference. Counsel may also participate.

Neither party may initiate arbitration until the informal-resolution requirements in this Section have been completed.

The applicable limitations period for the dispute will be tolled during the required informal-resolution period to the extent permitted by law.

C. Binding Individual Arbitration

If the dispute is not resolved through the informal process, either party may initiate binding arbitration.

Except for disputes excluded below, any dispute, claim, or controversy arising out of or relating to:

these Terms;
the Services;
your relationship with Ask Fulton;
communications between you and Ask Fulton;
purchases or subscriptions;
privacy-related claims where legally arbitrable; or
the interpretation or enforcement of these Terms,

will be resolved through binding individual arbitration.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

Unless the parties agree otherwise, arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules, as modified by these Terms.

Arbitration may be conducted by video conference, telephone, written submissions, or another reasonably convenient format permitted by the applicable rules.

Where applicable consumer arbitration rules require arbitration in your county of residence, those rules will apply.

Judgment on an arbitration award may be entered in any court of competent jurisdiction.

D. Arbitrator Authority

The arbitrator may award relief available to the individual claimant under applicable law and consistent with these Terms.

The arbitrator may not:

conduct a class arbitration;
consolidate unrelated individual claims except as expressly permitted under the Mass Arbitration procedures below;
award relief on behalf of persons who are not parties to the arbitration; or
award relief exceeding what applicable law permits.

Except where applicable law requires otherwise, relief may be awarded only to the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.

E. Exceptions

The arbitration requirement does not prevent either party from:

bringing an eligible individual claim in small claims court;
seeking emergency or temporary equitable relief from a court where necessary to prevent imminent harm;
seeking injunctive relief concerning infringement or misuse of intellectual property;
seeking relief relating to unauthorized access to or misuse of the Services; or
bringing a claim that applicable law prohibits from being arbitrated.

F. Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND ASK FULTON KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR A DISPUTE SUBJECT TO THIS SECTION.

G. Class and Representative Action Waiver

YOU AND ASK FULTON AGREE THAT DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY.

To the maximum extent permitted by law, neither party may bring or participate in a dispute as a plaintiff or class member in any purported:

class action;
collective action;
representative action;
consolidated action; or
private attorney general proceeding.

The arbitrator may not combine claims of multiple persons except as expressly permitted by the Mass Arbitration procedures below.

Nothing in this provision prevents participation in a class-wide settlement.

H. Mass Arbitration Procedures

If 25 or more substantially similar Notices of Dispute or arbitration demands are submitted against Ask Fulton within a reasonably coordinated period and are brought by or with the assistance of the same or coordinated counsel, organizations, or groups, those matters will be treated as “Mass Claims.”

Claims are substantially similar when they arise from the same or similar facts or events and raise the same or similar legal issues and seek the same or similar relief.

To promote efficient resolution of Mass Claims:

the claims may be grouped into batches of up to 100 individual claims per batch;
any remaining claims fewer than 100 may form a final batch;
each batch may be administered together with one arbitrator, one procedural schedule, one set of applicable administrative fees per side, and one hearing where permitted by the arbitration provider;
individual claims remain individual claims and are not converted into a class action;
an award concerning one claimant does not automatically determine the rights of another claimant; and
awards issued in one batch will not have binding precedential effect on later batches except as required by law.

If the parties disagree about whether these Mass Arbitration procedures apply, either party may ask the arbitration administrator to appoint a procedural or administrative arbitrator to resolve that threshold issue.

The parties agree to cooperate in good faith with the arbitration provider to implement efficient procedures consistent with this Section.

Nothing in this subsection authorizes class arbitration or representative arbitration.

I. Arbitration Fees

Fees will be allocated according to the applicable arbitration rules and applicable law.

Ask Fulton will pay arbitration fees that applicable consumer-arbitration rules or law require Ask Fulton to pay.

Each party will otherwise be responsible for its own attorneys’ fees unless an arbitrator or applicable law provides otherwise.

J. 30-Day Arbitration Opt-Out

You may opt out of the arbitration provisions in this Section within 30 days after the date you first become subject to them.

To opt out, email:

support@askfulton.com

with the subject line:

Arbitration Opt-Out

Your notice must include:

your full name;
the email address associated with your Ask Fulton account; and
an unequivocal statement that you wish to opt out of the arbitration agreement.

Your opt-out applies only to this arbitration agreement and does not affect any other provision of these Terms.

K. Severability of Arbitration Provisions

If a court determines that a particular claim cannot lawfully be arbitrated, only that claim will proceed in court and all other arbitrable claims remain subject to this Section.

If any portion of this Section is held unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law.

This Section survives termination of these Terms.

21. Third-Party Links and Content

The Services may display, reference, summarize, search, link to, or otherwise interact with third-party websites, information, products, or services.

Ask Fulton does not control third-party content and does not endorse a third party merely by linking to or referencing it.

We are not responsible for:

third-party websites;
third-party content;
third-party products;
third-party representations;
third-party privacy or security practices; or
transactions between you and third parties.

Your use of third-party services is governed by the terms and policies applicable to those services.

22. Changes to These Terms

We may update these Terms from time to time.

When we make changes, we may:

post the updated Terms;
revise the Effective Date;
provide notice through the Services; or
provide notice by email where appropriate or required by law.

For material changes, we will provide notice where required by applicable law.

Unless applicable law requires otherwise, your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms.

If you do not agree to revised Terms, you must stop using the Services and cancel any applicable subscription.

Material changes to the arbitration provisions will be handled in accordance with applicable law.

23. Electronic Communications

You consent to receive agreements, disclosures, notices, receipts, and other communications from Ask Fulton electronically, including through:

email;
the Services; or
your account.

You agree that electronic communications satisfy legal requirements that communications be in writing to the extent permitted by law.

You are responsible for maintaining a valid email address associated with your account.

24. General Terms

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent.

Ask Fulton may assign or transfer these Terms and its rights or obligations in connection with a merger, acquisition, financing, corporate reorganization, asset sale, or otherwise as permitted by law.

Force Majeure

Ask Fulton is not responsible for delay, interruption, or failure caused by circumstances beyond our reasonable control, including:

natural disasters;
power failures;
internet outages;
telecommunications failures;
cyberattacks;
labor disputes;
governmental actions;
war;
civil unrest;
epidemics or pandemics;
failures of third-party infrastructure; or
failures or discontinuation of third-party AI providers.

No Waiver

Our failure to enforce a provision of these Terms is not a waiver of our right to do so later.

Severability

If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in effect.

Entire Agreement

These Terms, together with our Privacy Policy and any additional terms expressly applicable to a particular Service or purchase, constitute the entire agreement between you and Ask Fulton concerning the Services.

No Partnership

These Terms do not create a partnership, joint venture, employment relationship, agency relationship, franchise, fiduciary relationship, or similar relationship between you and Ask Fulton.

No Third-Party Beneficiaries

Except as expressly stated in these Terms, there are no third-party beneficiaries.

Headings

Headings are provided for convenience only and do not affect interpretation.

Interpretation

Unless the context requires otherwise, the words “include,” “includes,” and “including” mean “including without limitation.”

25. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Michigan, without regard to conflict-of-law principles.

The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in Section 20.

For any dispute that is not subject to arbitration and is not eligible for small claims court, you and Ask Fulton consent to the exclusive jurisdiction and venue of the appropriate state or federal courts located in or serving St. Joseph County, Michigan, except where applicable law requires otherwise.

You and Ask Fulton waive objections based on personal jurisdiction or inconvenient forum to the extent permitted by law.

26. Contact Us

Questions about these Terms may be sent to:

Ask Cliff LLC DBA Ask Fulton

Email: support@askfulton.com