Terms of Service

Last Updated: 29 January 2025

These Terms of Service ("Terms") govern your access to and use of the Breakpoint platform (the "Service"), which is owned and operated by Cromulent Consulting, Inc. ("we," "us," "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Service.

1. Eligibility

You must be at least 18 years of age or the age of majority in your jurisdiction to use the Service. By using the Service, you represent and warrant that you meet this requirement.

2. Use of the Service

• Compliance: You agree to use the Service in compliance with all applicable laws, regulations, and these Terms.
• Restrictions: You agree not to use the Service for any unlawful purpose or engage in any activity that disrupts or harms the Service, its systems, or other users.
• Protected Health Information: You acknowledge that any Protected Health Information (PHI) you provide may be shared back with you through your verified contact methods (email, phone, etc.). You are responsible for ensuring the accuracy of your contact information and promptly updating it if it changes.
• Notifications: By using the Service or creating an account, you expressly consent to receive all current and future notifications from us, including but not limited to email communications, SMS messages, push notifications, and any future forms of communication we may implement. While you may opt-out of commercial communications as defined by applicable law, you acknowledge that certain transactional notifications essential to the operation of the Service (such as security alerts, service updates, and account-related notifications) cannot be opted out of. You acknowledge that you are initially opted-in to all forms of notification by default.
• Account Responsibility: You are responsible for all activities that occur under your account. Keep your login credentials confidential and notify us promptly of any unauthorized use.

3. Intellectual Property

• Ownership: All content, features, and functionality on the Service (including but not limited to text, graphics, logos, icons, and software) are owned by or licensed to Cromulent Consulting, Inc. and are protected under applicable intellectual property laws.
• Limited License: We grant you a limited, revocable, non-transferable, and non-exclusive license to access and use the Service for your internal business or personal use, subject to these Terms.
• Prohibitions: You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from the Service, except as expressly permitted by these Terms.

4. User-Generated Content

• Responsibility: You retain ownership of any content or data you post or upload to the Service. You are solely responsible for ensuring that all such content complies with applicable laws and does not violate third-party rights.
• License to Us: By submitting content through the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute such content solely for the purpose of operating and improving the Service.

5. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and disclose your personal information. By using the Service, you acknowledge that you have read and understood our Privacy Policy.

6. No Professional Advice

The Service is not intended to provide medical advice, legal advice, or any kind of privileged or protected information. Any information accessed through the Service should be used for general informational purposes and not as a substitute for professional judgment.

7. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will be uninterrupted, secure, or free from errors.

8. Limitation of Liability

To the maximum extent permitted by law, Cromulent Consulting, Inc. and its affiliates, directors, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or related to your use of the Service. In no event will our aggregate liability exceed the amount you paid for the Service in the 12 months preceding the event giving rise to the claim.

9. Indemnification

You agree to indemnify and hold harmless Cromulent Consulting, Inc., its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your breach of these Terms or your use of the Service in violation of any law or regulation.

10. Modifications to the Service

We reserve the right to modify, suspend, or discontinue any part of the Service at any time without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

11. Termination

We may terminate or suspend your access to the Service immediately, without prior notice, if you violate these Terms. Upon termination, your right to use the Service will immediately cease, but the provisions of these Terms relating to intellectual property, disclaimers, limitations of liability, and indemnification will survive.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Cromulent Consulting, Inc. is incorporated, without regard to conflict of law principles. Any disputes arising under or in connection with these Terms shall be resolved exclusively in the competent courts located in that jurisdiction.

13. Changes to These Terms

We reserve the right to update or modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Service. Your continued use of the Service after any such modifications constitute acceptance of those changes.

14. Contact Us

If you have any questions regarding these Terms, please contact us at:

• Cromulent Consulting, Inc.
• Email: [email protected]
• Address: 499 Hays St, Dripping Springs, TX 78620

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