Terms of Service

1. Agreement to These Terms

By visiting this website, submitting a form, buying a product, paying an invoice, booking a service, accessing a deliverable, or using any Kyle Tusing AI Systems service, you agree to these Terms, our Privacy Policy, and our Refund and Return Policy. If you accept these Terms on behalf of a business, you represent that you have authority to bind that business.

2. Services and Products

Kyle Tusing AI Systems provides AI operating system strategy, consulting, automation design, custom software and workflow builds, AI agent setup, local AI infrastructure guidance, digital products, templates, audits, implementation support, maintenance, and related business operations services. Specific deliverables, milestones, scope, fees, and timelines may be described in proposals, checkout pages, invoices, statements of work, onboarding messages, or written project agreements.

3. Eligibility and Customer Responsibilities

• You must be at least 18 years old and legally able to enter a contract.
• You are responsible for providing accurate information, timely feedback, required account access, approvals, source materials, and business rules needed to perform the work.
• You are responsible for the legality, accuracy, permissions, and rights associated with any data, content, customer records, prompts, files, credentials, or instructions you provide.
• You are responsible for maintaining your own backups, internal approvals, compliance procedures, and review of outputs before business use.

4. AI, Automation, and Business Output

AI systems, automations, agents, recommendations, diagnostics, templates, scoring tools, drafts, dashboards, and reports can be useful but may be incomplete, inaccurate, delayed, or unsuitable for a particular situation. You are responsible for human review and final business decisions. We do not provide legal, tax, medical, accounting, securities, insurance, or regulated professional advice unless separately agreed in writing by a properly licensed professional.

5. Payment Terms

• Fees are due as shown at checkout, on an invoice, or in a written agreement.
• Payments may be processed by Stripe or other third-party processors. We do not control those processors' systems or card-network rules.
• Deposits, retainers, setup fees, digital product payments, consulting payments, custom build payments, maintenance fees, subscriptions, and other charges are final once paid, except where required by applicable law.
• Late, failed, disputed, or reversed payments may result in paused work, suspended access, cancelled deliverables, collection activity, and recovery of reasonable costs where permitted by law.

6. No Refunds or Returns

All purchases are final. Kyle Tusing AI Systems does not offer refunds, returns, exchanges, credits, or prorated refunds for digital products, consulting, assessments, audits, custom builds, AI OS implementation, setup work, maintenance, subscriptions, retainers, deposits, hardware sourcing, or other services, except where required by applicable law. See the Refund and Return Policy at ai.kyletusing.com/refunds.

7. Subscriptions, Maintenance, and Cancellation

Recurring services continue until cancelled according to the applicable written agreement or billing setup. Cancellation stops future renewal charges after the current paid period when properly processed. It does not create a refund, credit, or right to prorated return of amounts already paid, except where required by law. We may suspend or terminate maintenance for nonpayment, abuse, unavailable access, security concerns, or material breach of these Terms.

Care plans cover the workflows, automations, agents, connections, bridges, APIs, and MCP servers listed in your written scope, up to the number included in your plan (Connected Care 3, Automated Care 6, Premium Care 10). Additional or larger workflows, automations, agents, connections, bridges, APIs, or MCP servers are billed at $150 per month each or quoted separately. Change time, training sessions, and AI usage allowances do not roll over; AI usage above the allowance is billed at cost plus 30%.

8. Third-Party Services

Services may depend on third-party platforms, APIs, model providers, payment processors, analytics tools, hosting providers, calendar tools, email/SMS tools, Meta, Google, Stripe, Cloudflare, OpenAI, Anthropic, local model runtimes, CRM systems, and other vendors. Their availability, rules, fees, API limits, policies, outages, and account decisions are outside our control. You are responsible for maintaining the accounts, permissions, subscriptions, and legal rights needed to use those services.

9. Confidentiality and Data Access

Each party may receive confidential business, technical, operational, customer, or credential-related information. We will use reasonable care to protect confidential information and use it only to provide, secure, support, improve, or administer the services. You must not share credentials insecurely or provide data you are not authorized to use. Our data practices are described in the Privacy Policy.

10. Ownership and License

• Unless a separate written agreement says otherwise, you retain ownership of materials you provide.
• After full payment, you own the deliverables specifically created for you, including custom code, configurations, content, knowledge base, and automations, subject to these Terms and any third-party licenses.
• Where our pre-existing frameworks, templates, or components are part of your deliverables, you receive a perpetual, non-exclusive, non-transferable license to use them within your business.
• We retain ownership of our pre-existing tools, frameworks, templates, prompts, methods, code libraries, internal systems, know-how, documentation patterns, and reusable components.
• We may reuse general skills, ideas, processes, templates, code patterns, and non-confidential learnings in other work, provided we do not disclose your confidential information.

11. Acceptable Use

You may not use the website, services, deliverables, or systems to violate laws, infringe rights, send unlawful spam, deceive consumers, bypass platform rules, scrape or misuse third-party data, create malware, compromise security, harass others, generate illegal content, or operate regulated activities without required compliance controls. We may refuse, pause, remove, or terminate work that we believe creates legal, safety, platform, security, or reputational risk.

12. Warranties and Disclaimers

The website, products, services, deliverables, recommendations, software, automations, and AI outputs are provided "as is" and "as available" to the fullest extent permitted by law. We do not guarantee uninterrupted operation, specific revenue, rankings, sales, leads, conversions, savings, model performance, platform approval, compliance outcome, or error-free output. Some jurisdictions do not allow certain disclaimers, so some limitations may not apply to you.

13. Limitation of Liability

To the fullest extent permitted by law, Kyle Tusing AI Systems will not be liable for indirect, incidental, consequential, special, exemplary, punitive, lost-profit, lost-revenue, lost-data, business-interruption, platform-suspension, model-output, or third-party-service damages. To the fullest extent permitted by law, our total liability for any claim is limited to the amount you paid us for the specific product or service giving rise to the claim during the three months before the event.

14. Indemnity

You agree to indemnify and hold Kyle Tusing AI Systems harmless from claims, damages, liabilities, penalties, costs, and expenses arising from your data, instructions, business operations, customer communications, misuse of deliverables, violation of law, infringement of rights, breach of these Terms, or third-party platform use.

15. Changes, Suspension, and Termination

We may update the website, products, pricing, features, and these Terms from time to time. We may suspend or terminate access to services for nonpayment, security risk, unlawful use, abuse, unavailable cooperation, platform restrictions, or material breach. Sections that by their nature should survive termination will survive, including payment, no-refund terms, ownership, confidentiality, disclaimers, limitations of liability, and indemnity.

16. Governing Law and Disputes

These Terms are governed by the laws of the Commonwealth of Virginia and applicable United States federal law, without regard to conflict-of-law rules. Before filing a claim, each party agrees to make a good-faith effort to resolve the dispute informally by email. Any claim must be brought individually and not as part of a class or representative action, to the extent permitted by law.

SMS Messaging Terms

Program: Kyle Tusing AI text messages. Kyle Tusing AI Systems ("Kyle Tusing AI") is operated by Kyle Tusing, a sole proprietor based in Winchester, Virginia.

• You must be at least 18 years old to opt in to receive text messages from Kyle Tusing AI. By opting in, you confirm that you are 18 or older.
• How you opt in: by checking an optional, unchecked SMS consent box on a form at ai.kyletusing.com (for example the Systems Diagnosis form at ai.kyletusing.com/score) and submitting your mobile number.
• What we send: if you consent to non-marketing texts, messages about your inquiry, Systems Diagnosis, appointment scheduling and reminders, and AI process build project updates. If you separately consent to marketing texts, occasional offers and new service announcements.
• Message frequency varies. Message and data rates may apply.
• Opt out: reply STOP to any message to unsubscribe. You will receive one confirmation text and no further messages unless you opt in again.
• Help: reply HELP, or email kyle@kyletusing.com.
• Consent to receive text messages is not a condition of any purchase.
• Carriers are not liable for delayed or undelivered messages.
• We do not share or sell mobile numbers or SMS opt-in data with third parties. See the Privacy Policy.

17. Contact

Questions about these Terms can be sent to support@kyletusing.com.