Terms of Service and Disclaimer

These Terms of Service and Disclaimer ("Terms") govern your access to and use of any software, application, website, platform, service, or product (collectively, the "Service") provided by Shift Point Solutions LLC, a limited liability company, and its owners, officers, directors, employees, agents, successors, and assigns (collectively, "Company," "we," "us," or "our").

By accessing, downloading, installing, registering for, or using the Service in any manner, you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms in full. If you do not agree, do not use the Service.

1. BETA STATUS – NO RELIANCE ON FINAL PRODUCT

The Service is currently offered as a BETA version. It is experimental, incomplete, under active development, and may contain bugs, errors, security vulnerabilities, incomplete features, data loss risks, unexpected behavior, or other defects.

The BETA version is not representative of any final, production, or commercial version of the Service. Features, functionality, security, performance, and data handling may change substantially or be discontinued without notice. You use the BETA Service entirely at your own risk. We make no representation that the BETA Service will ever become a final product or that any particular feature will be retained.

2. NO WARRANTIES – "AS IS" AND "AS AVAILABLE"

THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• TITLE
• NON-INFRINGEMENT
• SECURITY
• ACCURACY
• RELIABILITY
• AVAILABILITY
• ERROR-FREE OR UNINTERRUPTED OPERATION
• FREEDOM FROM VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS

We do not warrant that the Service will meet your requirements, that data will be secure or preserved, or that any defects will be corrected.

3. COMPLETE DISCLAIMER OF LIABILITY FOR COMPROMISED INFORMATION AND DATA BREACHES

YOU ACKNOWLEDGE AND AGREE THAT YOU BEAR SOLE AND EXCLUSIVE RESPONSIBILITY FOR ANY AND ALL RISKS ASSOCIATED WITH THE TRANSMISSION, STORAGE, PROCESSING, OR SECURITY OF ANY INFORMATION YOU PROVIDE OR THAT IS PROCESSED THROUGH THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHIFT POINT SOLUTIONS LLC, ITS OWNERS AND OFFICERS, AND ALL RELATED PARTIES SHALL HAVE NO LIABILITY WHATSOEVER ARISING OUT OF OR RELATED TO:

• Any unauthorized access, disclosure, alteration, loss, theft, corruption, or compromise of any information, including but not limited to credit card information, payment card data, financial account details, Social Security numbers, personal identifying information, login credentials, passwords, or any other personal, sensitive, or confidential data;
• Any data breach, security incident, hacking, malware, phishing, or other cyber event;
• Any failure of encryption, authentication, access controls, or other security measures;
• Any third-party services, processors, cloud providers, payment gateways, or infrastructure used in connection with the Service;
• Any loss of data, business interruption, or consequential harm resulting from the above.

3A. PAYMENT PROCESSING — HANDLED BY SQUARE

All payments are processed by Square Online Payments, a third-party payment processor (Block, Inc.). Card details are entered directly into payment fields hosted by Square and are transmitted to Square, not to us.

Shift Point Solutions LLC and the Pivot application never receive, view, transmit, or store your full card number, and no card number is stored locally on your device or on our servers. Your card is retained by Square as a card on file for the purpose of recurring billing. Square's handling of your card data is governed by Square's own terms of service and privacy policy.

Because we do not hold your card data, we cannot access, retrieve, alter, or delete it, and we are not responsible for the security practices, availability, or acts or omissions of Square or any other third-party processor.

YOU EXPRESSLY ASSUME ALL RISK of any such compromise or loss. Apart from payment card details, which are handled by Square as described in Section 3A, we strongly recommend that you do not enter highly sensitive personal information — including Social Security numbers, financial account or routing numbers, or confidential customer records — into the BETA Service. Use of the Service with any such data is done entirely at your own risk.

4. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SHIFT POINT SOLUTIONS LLC, ITS OWNERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR COST OF SUBSTITUTE SERVICES), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use the Service;
• Any security incident, data compromise, or unauthorized access;
• Any bugs, errors, or defects in the BETA Service;
• Any third-party conduct or content;
• Any other matter relating to the Service,

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF ANY LIABILITY IS FOUND DESPITE THE FOREGOING, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNT YOU PAID US (IF ANY) FOR ACCESS TO THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

5. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Shift Point Solutions LLC, its owners and officers, and all related parties from and against any and all claims, demands, actions, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Service;
• Your violation of these Terms;
• Any data or information you submit or process;
• Any claim that your use caused harm to a third party;
• Any security incident or data compromise involving information associated with your account or use.

6. USER RESPONSIBILITIES

You are solely responsible for:

• Maintaining the confidentiality of any account credentials;
• All activity under your account;
• Ensuring that any data you input is appropriate and that you have the right to provide it;
• Implementing your own security measures and backups;
• Complying with all applicable laws.

7. NO PROFESSIONAL OR FINANCIAL ADVICE

The Service does not constitute legal, financial, tax, accounting, or professional advice of any kind.

8. AI-POWERED NATURE OF THE SERVICE – EDUCATIONAL USE ONLY

The Service is an artificial intelligence tool powered by Claude, a large language model developed by Anthropic. It is not a human. Outputs, advice, guidance, suggestions, analysis, or recommendations generated by the Service are provided solely for educational and informational purposes.

You acknowledge and agree that:

• The AI is not always correct, accurate, complete, or up to date;
• Responses may contain errors, hallucinations, omissions, or outdated information;
• Any ethical, moral, legal, financial, or other implications discussed by the AI are not directives, commands, instructions, or endorsements;
• You must independently verify all information and exercise your own judgment before relying on or acting upon any output;
• The Company and Anthropic make no warranties regarding the accuracy, reliability, or suitability of any AI-generated content.

Use of the AI features is entirely at your own risk.

9. MODIFICATIONS AND TERMINATION

We may modify, suspend, or discontinue the Service (or these Terms) at any time without notice or liability. Continued use after changes constitutes acceptance.

10. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by the laws of the State of New York, without regard to conflict-of-law principles. Any dispute shall be resolved exclusively in the state or federal courts located in Monroe County, New York, and you consent to personal jurisdiction there. You waive any right to a jury trial to the extent permitted by law.

Any claim must be brought within one (1) year after the cause of action arises, or it is permanently barred.

11. SEVERABILITY AND ENTIRE AGREEMENT

If any provision is found unenforceable, the remaining provisions remain in full force. These Terms constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements.

12. CONTACT

Questions about these Terms may be directed to:

Shift Point Solutions LLC Rochester, New York ShiftPoint.ai@gmail.com