FOUNTIQ

Terms of Service

Last Updated: March 15, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Birchstone Advisors, LLC, a limited liability company doing business as Birchstone Media and operating the FountIQ brand ("Company," "we," "us," or "our").

By accessing our website, purchasing any of our digital products, or using any of our Services, you agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must not access or use our Services.

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a prominent notice on our website. Your continued use of our Services after such notice constitutes acceptance of the revised Terms.

2. Products and Services

FountIQ offers digital information products, including but not limited to the Time Recovery Blueprint, supplementary guides, AI prompt libraries, access to custom GPT tools, and related educational content (collectively, "Products"). All Products are delivered digitally and are available for immediate access upon confirmed payment.

We reserve the right to modify, suspend, or discontinue any Product or Service at any time without prior notice, except that existing purchasers will retain access to the version of the Product they purchased.

3. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding contract to purchase or use our Services. By using our Services, you represent and warrant that you meet these requirements. Our Services are not intended for use by minors.

4. Purchases and Payment

4.1 Pricing

All prices are displayed in United States Dollars (USD) and are subject to change without notice. The price applicable to your purchase is the price displayed at the time you complete your transaction.

4.2 Payment Processing

Payments are processed by third-party payment processors, including Whop Marketplace, Inc. and Stripe, Inc. By completing a purchase, you agree to be bound by the applicable payment processor's terms of service. We do not store your full payment card information on our servers.

4.3 Order Confirmation

Upon successful payment, you will receive an email confirmation containing instructions to access your purchased Product. If you do not receive a confirmation within 24 hours, please contact us at [email protected].

4.4 Taxes

You are responsible for any applicable sales taxes, VAT, GST, or other taxes imposed by your jurisdiction on your purchase. Where required by law, applicable taxes will be added to your order total.

5. License and Intellectual Property

5.1 License Grant

Upon purchase and subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the purchased Product for your own personal or internal business purposes only.

5.2 Restrictions

You may not, without our prior written consent:

  • Copy, reproduce, distribute, publish, or publicly display any portion of a Product;
  • Sell, resell, sublicense, rent, lease, or otherwise transfer access to a Product to any third party;
  • Modify, adapt, translate, reverse engineer, decompile, or create derivative works based on a Product;
  • Remove or alter any proprietary notices, labels, or marks on a Product;
  • Use any Product to train artificial intelligence models or large language models without express written permission;
  • Share login credentials or access links with individuals who have not purchased the Product.

5.3 Ownership

All Products, content, trademarks, service marks, logos, and intellectual property associated with FountIQ, Birchstone Media, and Birchstone Advisors, LLC are and remain the exclusive property of Birchstone Advisors, LLC. These Terms do not transfer any ownership rights to you.

6. Disclaimer of Warranties

OUR PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that: (a) our Services will be uninterrupted, error-free, or secure; (b) any results described in our marketing materials represent typical, average, or guaranteed outcomes; or (c) the Products will meet your specific requirements or produce any particular result in your practice.

Results Disclaimer: Time savings, revenue figures, and other outcomes described in our marketing materials are based on documented observations and user-reported data. Individual results will vary significantly based on factors including but not limited to client volume, data complexity, software environment, implementation effort, and prior experience with AI tools. Nothing in our Products or marketing constitutes a guarantee of specific results.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIRCHSTONE ADVISORS, LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE OUR SERVICES OR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability, so some of the above limitations may not apply to you.

8. Indemnification

You agree to indemnify, defend, and hold harmless Birchstone Advisors, LLC and its members, managers, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of our Services or Products; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your infringement of any third-party rights.

9. Prohibited Uses

You agree not to use our Services or Products to:

  • Violate any applicable federal, state, local, or international law or regulation;
  • Engage in any fraudulent, deceptive, or misleading conduct;
  • Transmit any unsolicited or unauthorized advertising or promotional material;
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity;
  • Interfere with or disrupt the integrity or performance of our Services;
  • Attempt to gain unauthorized access to any portion of our Services or related systems;
  • Engage in any conduct that restricts or inhibits any other person's use or enjoyment of our Services.

10. Refund Policy

Our refund policy is set forth in the separate Refund Policy document, which is incorporated herein by reference. By purchasing any Product, you agree to the terms of the Refund Policy.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

11.2 Informal Resolution

Before initiating any formal legal proceeding, you agree to contact us at [email protected] and attempt to resolve the dispute informally. We will attempt to resolve the dispute within thirty (30) days of receiving your notice.

11.3 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or our Services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court, except that either party may bring claims in small claims court if the claims qualify.

11.4 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12. Termination

We reserve the right to terminate or suspend your access to our Services and Products at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, third parties, or for any other reason at our sole discretion.

Upon termination, your license to use the Products will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

13. Entire Agreement and Severability

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and the Company with respect to your use of our Services and supersede all prior agreements and understandings. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

14. Contact Information

For questions about these Terms, please contact:

Birchstone Advisors, LLC
dba Birchstone Media / FountIQ
Email: [email protected]

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