Terms of Service

Agreement to Terms

These Terms govern your access to and use of our Services. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you may not access or use the Services.

1. Definitions

• "We," "Us," "Our," "Company" refers to Quantum Strategies, operated by [INSERT S-CORP NAME]
• "You," "Your," "User" refers to any person or entity accessing our Services
• "Account" refers to your registered user account
• "Content" refers to all information, data, text, software, graphics, or materials
• "GPT Advisors" refers to our AI-powered conversational tools and products
• "Digital Products" refers to purchasable content, tools, or resources available on our platform
• "Affiliate" refers to users participating in our commission-based referral program

2. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using our Services under applicable law
• Provide accurate and complete registration information
• Comply with all Terms and applicable laws

Minors: Our Services are not intended for individuals under 18. If you are under 18, you may not use our Services.

3. Account Registration and Security

3.1 Account Creation

To access certain features, you must create an account by providing:

• Valid email address
• Secure password
• Accurate personal and payment information (if making purchases)

3.2 Account Responsibilities

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of unauthorized access or security breaches
• Ensuring your account information remains accurate and current

3.3 Account Termination

We reserve the right to suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent or illegal activities
• Abuse our Services or other users
• Fail to pay for purchased Services
• Provide false or misleading information

You may terminate your account at any time by contacting us or using account deletion features. Termination does not relieve you of obligations incurred prior to termination.

4. Use of Services

4.1 Permitted Uses

You may use our Services to:

• Access and use GPT Advisors for personal guidance and exploration
• Purchase and access digital products
• Create and sell digital products (subject to approval)
• Participate in our affiliate program
• Interact with our community features

4.2 Prohibited Uses

You may NOT:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems
• Harass, abuse, or harm other users
• Impersonate any person or entity
• Scrape, mine, or extract data without permission
• Use our Services for illegal, fraudulent, or deceptive purposes
• Manipulate affiliate tracking or referral systems
• Create fake accounts or engage in artificial transaction activity
• Share account credentials with others
• Reverse engineer or decompile our software
• Use GPT Advisors to generate harmful, illegal, or misleading content
• Resell access to our GPT Advisors without authorization

4.3 Enforcement

We reserve the right to investigate violations and take appropriate action, including:

• Removing or disabling Content
• Suspending or terminating accounts
• Withholding affiliate commissions
• Reporting illegal activity to authorities
• Pursuing legal remedies

5. GPT Advisors and AI Services

5.1 Nature of AI Services

Our GPT Advisors are AI-powered tools designed to provide:

• Personalized guidance and insights
• Creative exploration and brainstorming
• Educational content and explanations
• Strategic frameworks and methodologies

Important Disclaimers:

• GPT Advisors are tools, not substitutes for professional advice
• AI-generated content may contain errors or inaccuracies
• Do not rely solely on AI outputs for critical decisions
• GPT responses are based on patterns, not human judgment
• We do not guarantee the accuracy, completeness, or reliability of AI outputs

5.2 Personalization and Data Usage

By using GPT Advisors, you understand and agree that:

• Your conversations are stored and analyzed
• We use your interaction data to personalize responses
• Historical conversations inform future interactions
• We may use anonymized data to improve AI models

You can request deletion of your conversation history as described in our Privacy Policy.

5.3 Appropriate Use of AI

You agree to use GPT Advisors responsibly and NOT for:

• Generating illegal content or instructions
• Creating misleading or fraudulent materials
• Harassing or threatening others
• Producing copyrighted content without authorization
• Exploiting vulnerabilities in AI systems
• Automated or bulk querying without permission

5.4 No Professional Advice

GPT Advisors do not provide:

• Legal advice (we are not attorneys)
• Medical advice (we are not healthcare providers)
• Financial advice (we are not financial advisors)
• Professional counseling or therapy

Always consult qualified professionals for specialized advice.

6. Digital Products and Purchases

6.1 Product Descriptions

We strive to accurately describe all digital products. However:

• Descriptions may contain errors or omissions
• We reserve the right to correct inaccuracies
• Product features and availability may change
• Visual representations may differ from actual products

6.2 Pricing and Payment

• All prices are in US Dollars (USD) unless otherwise stated
• Prices are subject to change without notice
• You agree to pay all applicable fees and charges
• Payment processing is handled securely through Stripe
• You authorize us to charge your designated payment method

6.3 Refund Policy

Digital products are generally non-refundable due to their nature. However, we may offer refunds at our sole discretion in cases of:

• Technical issues preventing access
• Significant product defects or errors
• Billing errors or unauthorized charges

Refund requests must be submitted within [INSERT TIMEFRAME - e.g., 7 days] of purchase to austin@xuberandigital.com.

6.4 Access and Delivery

• Digital products are delivered electronically
• Access is granted upon successful payment confirmation
• You are responsible for downloading and storing products
• We are not liable for loss of access due to account termination or technical issues

6.5 License to Use Products

When you purchase a digital product, you receive a limited, non-exclusive, non-transferable license to:

• Access and use the product for personal or commercial purposes (as specified)
• Download and store copies for personal backup

You may NOT:

• Redistribute, resell, or share products without authorization
• Claim ownership or authorship of products
• Modify products without permission (unless explicitly allowed)
• Use products to create competing products

7. Creating and Selling Products

7.1 Product Creator Terms

If you create and sell products on our platform, you agree that:

• You own or have rights to all content in your products
• Products comply with all applicable laws and our policies
• Products do not infringe on third-party intellectual property
• Product descriptions are accurate and not misleading
• You are responsible for product quality and customer satisfaction

7.2 Revenue Sharing

We operate on a revenue-sharing model where:

• You set the price for your products
• We retain [INSERT PLATFORM FEE %] of each sale as a platform fee
• You receive [INSERT CREATOR %] of each sale
• Payments are processed through Stripe Connect
• Commissions are calculated net of refunds and chargebacks

7.3 Product Approval

We reserve the right to:

• Review and approve products before listing
• Remove products that violate our policies
• Suspend creator accounts for violations
• Withhold payments for fraudulent or disputed transactions

7.4 Creator Obligations

As a product creator, you must:

• Provide customer support for your products
• Honor refund requests as applicable
• Maintain product quality and accuracy
• Update products to fix errors or issues
• Comply with tax reporting requirements

8. Affiliate Program

8.1 Program Overview

Our affiliate program allows you to earn commissions by:

• Referring users who purchase products (direct referrals)
• Earning on sales made by affiliates you refer (one level downline)

This is NOT a pyramid scheme or multi-level marketing (MLM) scheme. Commissions are earned ONLY from actual product sales, not from recruiting affiliates.

8.2 Affiliate Eligibility

To participate as an affiliate, you must:

• Have an active account in good standing
• Agree to ethical marketing practices
• Comply with FTC guidelines on disclosures
• Provide accurate tax information
• Not engage in fraudulent referral activities

8.3 Commission Structure

Direct Referrals: [INSERT %] of sales from users you directly refer
Downline Sales: [INSERT %] of sales from affiliates you refer (one level only)

Commissions are:

• Calculated on net sales (after refunds and chargebacks)
• Paid monthly via Stripe Connect
• Subject to minimum payout thresholds of [INSERT AMOUNT]
• Reported for tax purposes (1099 for US affiliates earning $600+)

8.4 Affiliate Responsibilities

You agree to:

• Use only approved marketing materials and methods
• Disclose your affiliate relationship when promoting products
• Not make false or misleading claims about products
• Not engage in spam, deceptive advertising, or trademark bidding
• Not create fake accounts or artificial referrals
• Comply with FTC endorsement guidelines and all applicable laws

8.5 Prohibited Affiliate Practices

You may NOT:

• Guarantee income or results from products
• Make unsubstantiated health, financial, or success claims
• Use our brand name in domain names or paid search without permission
• Generate self-referrals or circular commission schemes
• Cookie-stuff, use pop-ups/pop-unders, or employ deceptive tactics
• Promote products in a manner that violates our values or brand

8.6 Commission Withholding and Clawbacks

We reserve the right to:

• Withhold commissions for suspected fraud or violations
• Reverse commissions for refunded or disputed transactions
• Claw back previously paid commissions if fraud is discovered
• Terminate affiliate status for policy violations

8.7 FTC Disclosure Requirements

REQUIRED DISCLOSURE: Most affiliate marketers earn little to no income. The average affiliate in our program earns [INSERT REALISTIC FIGURE OR STATE "less than $X per month"]. Your results may vary significantly based on effort, audience, and market conditions.

As an affiliate, you MUST:

• Clearly disclose your affiliate relationship when promoting products
• Use phrases like "I may earn a commission if you purchase through my link"
• Not make income claims unless you have substantiation
• Follow FTC guidelines on endorsements and testimonials

9. Intellectual Property

9.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to:

• GPT Advisor technology and algorithms
• Platform design, code, and architecture
• Trademarks, logos, and branding
• Original digital products we create
• Documentation and marketing materials

...are owned by Quantum Strategies or our licensors and are protected by copyright, trademark, and other intellectual property laws.

9.2 Limited License to Use

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for their intended purposes. This license does not permit you to:

• Copy, modify, or create derivative works
• Distribute, sell, or sublicense our Services
• Reverse engineer or attempt to extract source code
• Remove proprietary notices or labels
• Use our intellectual property for commercial purposes without permission

9.3 User Content Ownership

You retain ownership of content you create and upload ("User Content"). However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to:

• Host, store, and display your content
• Use your content to provide and improve Services
• Create derivative works for operational purposes
• Sublicense to service providers (e.g., hosting, CDN)

This license continues even after you delete content or terminate your account, to the extent necessary for ongoing operations.

9.4 Feedback and Suggestions

If you provide feedback, suggestions, or ideas about our Services:

• You grant us the right to use, modify, and implement them without compensation
• We are not obligated to implement any feedback
• Feedback becomes our property and is not confidential

9.5 Copyright Infringement

We respect intellectual property rights. If you believe content on our platform infringes your copyright, please contact us with:

• Description of the copyrighted work
• Location of the infringing material (URL)
• Your contact information
• Statement of good faith belief that use is unauthorized
• Statement that information is accurate and you are authorized to act

DMCA Notices: austin@xuberandigital.com

We will investigate claims and remove infringing content as appropriate. Repeat infringers may have their accounts terminated.

10. Third-Party Services

10.1 Stripe Payment Processing

Payment processing is handled by Stripe. By making purchases or receiving payouts, you agree to:

• Stripe's Terms of Service
• Stripe Connect Terms (for product creators and affiliates)
• Stripe's privacy practices

We are not responsible for Stripe's services, security, or policies.

10.2 External Links

Our Services may contain links to third-party websites or services. We do not control or endorse these third parties and are not responsible for:

• Their content, products, or services
• Their privacy practices or terms
• Any damages or losses from your use of third-party services

10.3 Integrations

We may integrate with third-party tools and services. Your use of these integrations is subject to their respective terms and policies.

11. Disclaimers and Limitations of Liability

11.1 No Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of accuracy, reliability, or completeness
• Warranties that Services will be uninterrupted or error-free
• Warranties regarding GPT Advisor outputs or AI accuracy

11.2 Use at Your Own Risk

YOU ACKNOWLEDGE AND AGREE THAT:

• You use our Services at your own risk
• We do not guarantee specific results or outcomes
• AI-generated content may contain errors or inaccuracies
• Digital products may not meet your specific needs
• Affiliate earnings are not guaranteed and may be zero

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUANTUM STRATEGIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from use or inability to use Services
• Damages from third-party content or services
• Damages from unauthorized access to your account or data

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF:

• The amount you paid us in the 12 months preceding the claim, OR
• $100 USD

11.4 Basis of the Bargain

These disclaimers and limitations are fundamental elements of our agreement. We would not provide Services without these protections.

11.5 Jurisdictional Variations

Some jurisdictions do not allow certain warranty exclusions or liability limitations. In such cases, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Quantum Strategies and its officers, directors, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of our Services
• Your violation of these Terms
• Your violation of any rights of third parties
• User Content you submit or create
• Products you create and sell on our platform
• Your affiliate marketing activities
• Any fraudulent or illegal activities

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at austin@xuberandigital.com to attempt informal resolution. We will work in good faith to resolve disputes within 30 days.

13.2 Binding Arbitration

If informal resolution fails, any dispute arising from or relating to these Terms or our Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Arbitration Terms:

• Arbitration shall be conducted by a single neutral arbitrator
• Location: [INSERT LOCATION - typically your state/county]
• Governing law: Laws of [INSERT STATE], excluding conflict of law provisions
• Each party bears their own costs and attorneys' fees unless the arbitrator awards otherwise
• The arbitrator's decision is final and binding
• Judgment on the award may be entered in any court of competent jurisdiction

13.3 Class Action Waiver

YOU AGREE TO BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

13.4 Exceptions to Arbitration

Either party may seek injunctive or equitable relief in court to:

• Prevent actual or threatened infringement of intellectual property
• Enforce confidentiality obligations
• Address urgent security or safety concerns

13.5 Small Claims Court

Either party may bring a claim in small claims court if it qualifies and remains in that court.

13.6 30-Day Right to Opt Out

You may opt out of arbitration by sending written notice within 30 days of first accepting these Terms to austin@xuberandigital.com. Your notice must include your name, address, and clear statement that you wish to opt out of arbitration.

14. Governing Law and Venue

These Terms are governed by the laws of the State of [INSERT STATE], United States, without regard to conflict of law principles.

For any disputes not subject to arbitration, you agree to exclusive jurisdiction and venue in the state and federal courts located in [INSERT COUNTY AND STATE].

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms specific to certain Services, constitute the entire agreement between you and Quantum Strategies regarding our Services.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Invalid provisions will be modified to the minimum extent necessary to make them valid and enforceable.

15.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

15.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms to any affiliate, successor, or acquirer without restriction.

15.5 Force Majeure

We are not liable for failures or delays caused by circumstances beyond our reasonable control, including:

• Natural disasters or acts of God
• War, terrorism, or civil unrest
• Government actions or regulations
• Internet or utility failures
• Pandemics or public health emergencies

15.6 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to:

• Intellectual property rights
• Disclaimers and limitations of liability
• Indemnification obligations
• Dispute resolution provisions

15.7 Notices

We may provide notices to you:

• By email to your registered email address
• By posting on our website or within our Services
• Through your account dashboard

Notices are effective upon sending or posting.

You may provide notices to us at:
Email: austin@xuberandigital.com
Address: (Available upon request for legal notices)

15.8 Relationship

These Terms do not create any partnership, joint venture, employment, or agency relationship. You may not make commitments or statements on our behalf.

15.9 Third-Party Beneficiaries

These Terms do not confer any rights or remedies on any third party except as expressly provided.

15.10 Headings

Section headings are for convenience only and do not affect interpretation.

16. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes:

• We will update the "Last Updated" date
• We will notify you via email or prominent notice on our website
• Your continued use of Services after changes constitutes acceptance

If you do not agree to modified Terms, you must stop using our Services and may terminate your account.

17. Contact Information

For questions, concerns, or notices regarding these Terms, contact us:

Email: austin@xuberandigital.com
Address: (Available upon request for legal notices)
Business Entity: Xuberan Digital LLC
Support: austin@xuberandigital.com

18. Affiliate Income Disclosure (FTC Compliance)

IMPORTANT NOTICE FOR AFFILIATES:

1. Typical Earnings: The majority of affiliates in our program earn little to no income. [INSERT SPECIFIC STATISTICS if available, e.g., "The average affiliate earns less than $50 per month" or "75% of affiliates earn less than $100 in their first year"]
2. No Income Guarantees: We make no guarantees about your ability to earn money through our affiliate program. Your results depend on many factors including your effort, audience, marketing skills, and market conditions.
3. Required Investment: While joining our affiliate program is free, you may need to invest in:
   • Marketing tools and advertising
   • Content creation
   • Education and training
   • Time and effort
4. Material Connection Disclosure: As an affiliate, you MUST disclose your affiliate relationship when promoting our products. Failure to do so violates FTC guidelines and may result in termination from our program.

Example Disclosure: "I'm an affiliate of Quantum Strategies and may earn a commission if you purchase through my link, at no additional cost to you."

By participating in our affiliate program, you acknowledge that you understand these disclosures and agree to comply with all FTC guidelines.

By accessing or using Quantum Strategies, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: [INSERT DATE]