Profueled LLC
Effective Date: August 28, 2026
Last Updated: August 28, 2026
These Terms of Service govern access to and use of websites, products, tools, and services provided by Profueled LLC ("Profueled," "we," "us," or "our").
Please read these Terms carefully. By signing an Order Form, accepting a proposal, purchasing or subscribing to a Service, clicking to accept these Terms, or using a Service after receiving notice of these Terms, you agree to be bound by them. If you do not agree, do not access or use the Services.
1. Definitions
For these Terms:
"Agreement" means these Terms together with any applicable signed proposal, statement of work, order form, invoice, subscription confirmation, service-specific terms, and incorporated policy.
"Caller" means a person who interacts with Mission Pilot or another voice-based system provided or managed by Profueled.
"Client" means a person or entity that purchases, subscribes to, or enters into an agreement for Services.
"Client Materials" means content, information, data, trademarks, logos, photographs, video, audio, credentials, lists, instructions, files, and other materials provided or made available by or for a Client.
"Deliverables" means the final work product expressly identified for delivery in an Order Form. Drafts, rejected concepts, internal files, prompts, working files, source systems, reusable components, development tools, and Profueled Materials are not Deliverables unless the Order Form expressly states otherwise.
"Order Form" means a proposal, statement of work, service order, subscription confirmation, invoice, or other written document that identifies Services, scope, pricing, timing, or commercial terms.
"Profueled Materials" means Profueled's pre-existing or independently developed methods, frameworks, prompts, processes, templates, design systems, code, components, automations, integrations, documentation, software, tools, know-how, and other proprietary materials.
"Services" means the websites, products, tools, professional services, subscriptions, hosting, media, advertising, automation, AI systems, and related offerings provided or managed by Profueled.
"Third-Party Services" means products, platforms, software, infrastructure, licenses, APIs, accounts, models, carriers, processors, or services provided by someone other than Profueled.
"User" means any person who visits a Profueled website, uses a free or paid tool, communicates with an AI system, or otherwise accesses a Service. A Client and Caller are also Users where applicable.
2. Eligibility and Authority
You must be at least 18 years old and legally capable of entering into a binding agreement to use the Services.
If you act for a company or other organization, you represent that you have authority to bind that organization. References to "you" include both you and the organization you represent.
The Services are intended for users located in the United States unless Profueled agrees otherwise in writing.
3. Agreement Structure and Priority
3.1 Order of Precedence
If documents conflict, the following order controls unless a signed document expressly states otherwise:
A mutually signed amendment.
A mutually signed Order Form or statement of work.
Service-specific terms or a product addendum.
These Terms.
The Privacy Policy and other incorporated policies.
General website copy, marketing pages, demonstrations, estimates, or informal communications.
Public website descriptions and demonstrations are informational. They do not modify a signed scope, price, timeline, ownership term, cancellation provision, or service commitment.
3.2 Project-Specific Terms
The applicable Order Form governs the specific scope, Deliverables, schedule, fees, payment structure, renewal terms, cancellation requirements, ownership transfer, usage rights, and support included in an engagement.
If an Order Form does not include a requested feature or Deliverable, it is outside scope.
3.3 Electronic Acceptance
Electronic signatures, online acceptance, checkout acceptance, email approval, and other electronic records may be used to form and evidence the Agreement to the extent permitted by law.
4. Scope, Changes, and Project Administration
4.1 Defined Scope
Profueled will provide the Services described in the applicable Order Form. Any estimate, example, mockup, demonstration, roadmap, strategy, or recommendation not identified as a Deliverable is illustrative and not a binding commitment.
4.2 Change Requests
Work outside the agreed scope requires written approval and may require a change order, additional fees, revised timing, or a separate Order Form. Profueled is not required to begin out-of-scope work before the change is documented.
4.3 Timelines
Project schedules are estimates unless the Order Form identifies a deadline as guaranteed. Timelines depend on timely Client responses, approvals, payments, access, content, and third-party availability.
Client delays automatically extend affected deadlines. Profueled is not liable for delays caused by Client inaction, changed instructions, incomplete materials, access restrictions, platform review, vendor outages, or circumstances outside Profueled's reasonable control.
4.4 Feedback and Approvals
The Client will provide consolidated, accurate, and timely feedback through the designated review process. Feedback from unauthorized individuals, conflicting stakeholders, or separate channels may be disregarded until the Client identifies a final decision-maker.
An approval authorizes Profueled to proceed based on the approved work. Later changes may be treated as out-of-scope work.
Unless an Order Form says otherwise, silence does not constitute approval. However, unreasonable approval delays may pause the project, extend deadlines, require rescheduling, or trigger restart fees if stated in the Order Form.
4.5 Right to Refuse Work
Profueled may refuse or stop work that is unlawful, deceptive, unsafe, abusive, discriminatory, technically infeasible, inconsistent with platform rules, or outside the agreed scope.
5. Client Responsibilities
The Client agrees to:
Provide accurate, complete, and timely information, materials, instructions, approvals, and access.
Identify one authorized decision-maker unless otherwise agreed.
Review Deliverables, settings, claims, prices, contact information, legal disclosures, links, and functionality before approval or launch.
Maintain lawful rights to all Client Materials.
Obtain necessary licenses, releases, permissions, and consents for content, likenesses, locations, music, data, recordings, contact lists, and intellectual property.
Maintain compliance with applicable laws, regulations, industry rules, and platform policies.
Protect account credentials and promptly report unauthorized access.
Maintain backups of Client-controlled content and accounts.
Handle fulfillment, customer service, lead response, sales decisions, and obligations to the Client's customers unless an Order Form expressly assigns a specific task to Profueled.
Avoid providing unnecessary regulated or highly sensitive data.
The Client is responsible for the legality and accuracy of its business, offers, advertising claims, prices, warranties, promotions, services, products, testimonials, disclosures, and instructions.
Profueled may rely on information and approvals supplied by the Client without independently verifying them.
6. Service-Specific Terms
6.1 Strategy, Branding, Design, and Consulting
Strategy, positioning, messaging, branding, design, and consulting services involve professional judgment. Concepts, recommendations, and creative direction are not guarantees of commercial success, registrability, exclusivity, legal compliance, or consumer response.
Trademark, corporate-name, domain, and intellectual-property searches performed by Profueled are preliminary unless an Order Form expressly includes a qualified legal search. Clients should obtain legal review before adopting or registering a name, mark, slogan, or other identity asset.
Rejected concepts, unused directions, internal rationale, and working files remain Profueled Materials.
6.2 Websites and Digital Experiences
Website Services may include strategy, information architecture, copy structure, design, development, CMS setup, forms, integrations, search foundations, performance work, deployment, support, or ownership transfer as stated in the Order Form.
Rocket Websites, Signature Website Builds, and custom digital experiences have different scopes, platforms, timelines, transfer terms, and support levels. The applicable Order Form controls.
Unless expressly included, website Services do not include:
Ongoing content creation or unlimited revisions.
Legal, accessibility, privacy, tax, or regulatory compliance review.
Guaranteed search rankings or traffic.
Custom software, ecommerce, membership systems, or complex applications.
Third-party subscription fees.
Data migration beyond the stated scope.
Ongoing maintenance, security monitoring, or support after the included period.
The Client must complete a final review before launch. Client approval confirms that visible content, pricing, contact information, links, forms, and core functionality are acceptable for publication.
6.3 Hosting, CMS, and Managed Infrastructure
Profueled-managed websites may use third-party hosting and infrastructure providers, including providers such as Hetzner, SiteJet, WordPress hosts, Lovable, Bubble, Base44, or other suitable services.
Clients do not receive server-level, hosting-panel, infrastructure, or vendor-account access unless the Order Form expressly provides it. Management may occur through a Profueled portal, a client-owned platform account, or another approved interface.
Hosting and managed Services may depend on active payment, Third-Party Services, licenses, and Profueled-managed systems. Profueled may modify infrastructure or vendors when reasonably necessary to maintain security, availability, performance, or service continuity.
No hosting environment is immune from interruption, attack, malware, data loss, or vendor failure. Unless expressly included, the Client is responsible for ongoing maintenance, updates, backups, security hardening, content changes, and compliance after transfer.
6.4 Website Export and Transfer
Export, transfer, and ownership rights depend on the Order Form, platform capabilities, full payment, and third-party restrictions.
When export or transfer is included:
Profueled will provide or transfer the Deliverables identified in the Order Form after all required fees are paid.
Profueled Materials, internal tools, reusable systems, proprietary widgets, prompts, licenses, and vendor accounts do not transfer unless expressly stated.
Exported or transferred websites may lose functionality that depends on Profueled-managed services, third-party licenses, hosting, widgets, APIs, automations, or integrations.
Profueled does not guarantee that every platform supports complete source-code export or account transfer.
The Client assumes responsibility for operation, security, billing, maintenance, and vendor compliance after transfer.
6.5 Advertising and Campaign Management
Advertising Services may include strategy, account configuration, targeting, search or audience research, campaign setup, creative formatting, landing-page review, launch preparation, management, and reporting within the agreed scope.
Unless the Order Form states otherwise:
Media spend is separate from Profueled's fees and is paid directly by the Client or charged through the applicable advertising platform.
The Client is responsible for maintaining sufficient platform funding and valid payment methods.
Platform approvals, suspensions, disapprovals, policy enforcement, delivery, auctions, attribution, and algorithms are outside Profueled's control.
Profueled does not guarantee impressions, clicks, calls, leads, conversions, revenue, ranking, market share, or return on advertising spend.
Facebook, Instagram, Google Search, and other channels may be scoped and priced separately.
Google campaign scope is limited to the campaign types identified in the Order Form.
Advertising accounts and campaign assets will be owned or accessed as stated in the Order Form.
The Client must approve offers, claims, pricing, targeting constraints, service areas, and conversion paths before launch. Profueled may pause campaigns when continued operation creates legal, reputational, payment, platform, or performance risk.
6.6 Media Production
Media Services may include photography, video, audio, editing, art direction, campaign imagery, or social assets.
Only final files identified in the Order Form are included. Raw footage, unedited photographs, project files, edit timelines, rejected takes, source sessions, and working files are not included unless expressly stated.
The Client is responsible for obtaining necessary permissions and releases for people, private property, locations, products, music, trademarks, and other protected material appearing in the production unless the Order Form assigns that responsibility to Profueled.
Production schedules may be affected by weather, location access, participant availability, safety, equipment failure, and other conditions outside Profueled's control.
6.7 Automation and Integrations
Automation Services may connect forms, calendars, CRM systems, email, SMS, reviews, advertising platforms, notification tools, AI services, and internal workflows.
Automations can fail because of changed APIs, expired credentials, account restrictions, vendor outages, rate limits, field changes, data quality, spam filtering, carrier restrictions, user actions, or third-party policy changes.
Unless expressly transferred in writing, automation logic, Zapier connections, Twilio numbers, workflows, prompts, reusable connectors, backend systems, notification systems, and integrations operated under Profueled accounts remain Profueled Materials and are licensed only during the active Service.
The Client must maintain lawful consent for messages, calls, data transfers, and automated actions. The Client must monitor business-critical workflows and maintain a reasonable manual fallback.
6.8 AI Tools and Clarity AI
Profueled may provide AI-powered tools, including Clarity AI, the Profueled Guide, Mission Pilot, and other automated features.
AI outputs may be incomplete, inaccurate, outdated, generalized, or inappropriate for a particular situation. AI tools support analysis and communication but do not replace human judgment.
Clarity AI and similar audit tools evaluate available information according to their stated methodology. They do not measure actual customer behavior, conversion performance, analytics, legal compliance, or business outcomes unless expressly stated.
AI-generated guidance is for general educational and informational purposes. It is not legal, financial, tax, accounting, medical, employment, accessibility, cybersecurity, or other regulated professional advice.
Users are solely responsible for evaluating AI outputs and deciding whether to act on them.
6.9 Mission Pilot
Mission Pilot is an AI-powered response and receptionist service configured around an approved business knowledge base, conversation design, and connected systems.
Depending on the Order Form, Mission Pilot may answer calls, qualify inquiries, collect information, route calls, schedule appointments, send confirmations, create transcripts or summaries, notify a team, update a CRM, or follow up with form leads.
Capabilities depend on configuration, approved rules, carrier service, platform availability, connected tools, and the quality of information supplied by the Client.
Mission Pilot is not a human employee, emergency dispatch service, medical provider, law firm, financial adviser, or licensed professional. Complex, sensitive, regulated, or emergency situations must be routed according to the Client's approved escalation process.
Mission Pilot may misunderstand a Caller or produce an incorrect answer, summary, classification, quote, routing decision, or attempted action. The Client remains responsible for monitoring the system, reviewing material interactions, maintaining accurate business rules, and completing customer fulfillment.
Pricing, usage limits, setup, integrations, support, renewal, and cancellation terms are governed by the applicable Order Form. Statements made during a demo do not modify those terms.
7. Acceptable Use of AI and Automated Services
Users and Clients may not use the Services to:
Violate a law, regulation, court order, platform policy, or third-party right.
Deceive, impersonate, harass, threaten, discriminate against, or defraud another person.
Clone or simulate a real person's voice, likeness, identity, or authority without documented lawful permission.
Send unlawful, unsolicited, or noncompliant calls, texts, or emails.
Obtain or process data without a lawful basis or required consent.
Generate false reviews, testimonials, evidence, endorsements, or business claims.
Provide regulated advice without appropriate authorization and human oversight.
Interfere with, overload, probe, reverse engineer, extract prompts from, or bypass safeguards in the Services.
Upload malware or attempt unauthorized access.
Use AI output as the sole basis for a high-impact decision affecting employment, housing, credit, insurance, healthcare, education, legal rights, or access to essential services.
Profueled may suspend or restrict access when it reasonably believes a use creates legal, security, safety, reputational, or operational risk.
8. AI Voice Interactions, Recording, and Transcription
8.1 AI Disclosure
Profueled may operate Mission Pilot and other AI voice systems for itself and for Clients. A Caller will be informed that the interaction involves an artificial intelligence system.
The AI voice is not a human representative. It must not be treated as a licensed professional, emergency dispatcher, or source of privileged professional advice.
8.2 Consent to Recording and Transcription
Calls handled through Profueled's AI voice Services may be recorded, transcribed, summarized, monitored, or analyzed.
When required by applicable law, the Caller will be asked for affirmative consent before substantive recording or transcription begins. By stating "yes," "I agree," or providing a comparable affirmative response after receiving the disclosure, the Caller consents to the recording, transcription, processing, and use described in these Terms and the Privacy Policy.
Where permitted by applicable law, continuing the call after a clear AI and recording disclosure may constitute consent.
If a Caller does not consent, the Caller should end the call or request another communication method. A live or non-recorded telephone option may not always be available.
Consent may be documented through call logs, system records, timestamps, recordings, transcripts, or other reliable records.
8.3 Use of Voice Interaction Data
Profueled may use call audio, transcripts, summaries, metadata, and information supplied during a call to:
Respond to questions and requests.
Qualify, route, schedule, or follow up on an inquiry.
Create and deliver call records.
Operate connected calendars, CRM systems, and notification workflows.
Verify instructions, consent, appointments, or transactions.
Monitor quality, security, and system performance.
Identify errors, misuse, and technical problems.
Improve knowledge bases, conversation design, and reliability.
Maintain business records and comply with legal obligations.
Voice interaction data may be processed by carriers, communications providers, AI providers, cloud infrastructure, CRM systems, scheduling platforms, automation providers, and other vendors required to operate the Service.
When Mission Pilot handles a call for a Client, relevant call information may be provided to that Client and its authorized providers. The Client is responsible for its own privacy notices, data use, customer relationship, and legal obligations.
8.4 Caller Information
Callers are responsible for providing accurate information and for having the right to disclose information shared during a call.
Callers should not provide Social Security numbers, passwords, authentication codes, full payment-card information, medical records, financial-account credentials, or other highly sensitive information unless expressly requested through an approved secure process.
8.5 Automated Actions and Confirmation
AI-generated statements, transcripts, summaries, appointments, transfers, and automated actions may fail or contain errors.
An appointment, price, eligibility decision, or service commitment should not be considered final unless it is confirmed through the applicable business's approved confirmation process.
Profueled is not responsible for decisions made solely from an unconfirmed AI statement, failed integration, incomplete transcript, or inaccurate Caller information.
8.6 Emergencies
Mission Pilot is not a 911 or emergency dispatch service. Anyone facing an immediate threat to life, health, safety, or property should end the call and contact 911 or the appropriate emergency service.
9. Calls, Text Messages, Email, and Communication Consent
9.1 Service-Related Communications
When a User voluntarily provides contact information, requests a callback, schedules an appointment, submits an inquiry, or otherwise asks for follow-up, the User consents to receive non-marketing communications reasonably related to that request.
Service-related communications may use email, SMS, an automated dialing system, an artificial or prerecorded voice, or an AI-generated voice where permitted by law.
They may include inquiry responses, appointment confirmations, reminders, requested estimates, scheduling changes, account notices, project notifications, and information required to complete a requested action.
Message frequency varies. Message and data rates may apply. Profueled does not guarantee delivery or timing because carriers, spam filters, platforms, and devices are outside its control.
9.2 Marketing Consent Is Separate
Acceptance of these Terms, use of a website or free tool, participation in an inbound call, or provision of a telephone number does not by itself constitute prior express written consent for telemarketing.
Where required, marketing calls or texts using an automatic telephone dialing system, artificial voice, prerecorded voice, or AI-generated voice require a separate, clear, and conspicuous written opt-in. That consent must identify the applicable seller, the authorized telephone number, the communication type, and that consent is not a condition of purchase.
Clients are responsible for obtaining and documenting legally sufficient consent before directing Profueled systems to send marketing communications on their behalf.
9.3 Opt-Out and Revocation
A person may revoke communication consent through any reasonable method recognized by applicable law, including:
Saying "stop" during a call.
Replying STOP to an automated text.
Using the unsubscribe method in a marketing email.
Contacting support@profueled.com.
Profueled and its Clients will process valid requests within the period required by applicable law. An opt-out may not prevent communications that are legally permitted without consent or reasonably necessary to complete a pending transaction, protect an account, address safety, or satisfy a legal obligation.
9.4 Client Communication Compliance
Clients using Profueled-managed communication systems must:
Use lawfully obtained contact information.
Maintain consent records and suppression lists.
Honor Do Not Call, STOP, unsubscribe, and other revocation requests.
Provide required caller identification and disclosures.
Avoid deceptive caller ID, misleading content, or prohibited contact times.
Comply with the TCPA, CAN-SPAM Act, state call-recording laws, telemarketing rules, carrier requirements, and applicable platform policies.
10. Third-Party Services
The Services may depend on Third-Party Services such as hosting providers, content-management systems, telecommunications carriers, domain registrars, advertising platforms, analytics providers, payment processors, scheduling systems, CRM platforms, automation providers, AI-model providers, stock-asset libraries, and licensed software.
Third-Party Services are governed by their own terms, privacy policies, pricing, availability, and technical limitations. The Client authorizes Profueled to use and connect appropriate Third-Party Services to provide the agreed Services.
The Client is responsible for third-party fees assigned to the Client, including media spend, subscriptions, domains, licenses, usage charges, carrier fees, payment-processing fees, and platform costs.
Profueled is not responsible for a third party's:
Outage, suspension, deletion, rejection, data loss, price change, or discontinued feature.
Security incident or privacy practice.
Terms, policies, algorithm, review process, or account decision.
Failure to deliver email, SMS, calls, ads, or notifications.
Incompatibility, API change, export limitation, or loss of integration access.
Profueled may replace a Third-Party Service when reasonably necessary. A material scope or price change requires written notice or a change order where appropriate.
11. Fees, Billing, Renewals, and Taxes
11.1 Fees and Payment Schedule
Fees are due according to the applicable Order Form, invoice, checkout, or subscription terms. Deposits reserve capacity and authorize Profueled to begin planning, production, or configuration.
Profueled is not required to begin, continue, launch, transfer, or release Deliverables while an amount is overdue.
11.2 Recurring Services
Monthly retainers, hosting, subscriptions, maintenance, automation, Mission Pilot, and other recurring Services continue and renew as described in the Order Form until canceled or terminated under the Agreement.
The applicable checkout or Order Form should identify the billing frequency, recurring charge, renewal period, minimum commitment, cancellation process, and deadline for avoiding the next charge.
When consumer automatic-renewal law applies, Profueled will provide required disclosures, consent, acknowledgment, renewal notices, and cancellation methods.
11.3 Third-Party and Media Charges
Advertising spend and other third-party charges are separate unless expressly included. Profueled may require the Client to pay vendors directly or maintain a payment method in the Client's platform account.
Profueled is not responsible for platform charges caused by active campaigns, Client changes, compromised accounts, delayed pause instructions, taxes, exchange rates, or vendor billing rules.
11.4 Taxes
Fees exclude applicable sales, use, excise, telecommunications, or similar taxes unless stated otherwise. The Client is responsible for taxes legally imposed on the purchase, excluding taxes based on Profueled's net income.
11.5 Late Payment and Suspension
If payment remains unpaid seven days after its due date, Profueled may pause work, suspend hosting or subscriptions, disable managed systems, remove platform access, stop campaigns, archive content, withhold Deliverables, or delay transfer without liability.
Suspension does not waive amounts owed. The Client remains responsible for charges incurred before suspension and any reasonable restoration, restart, collection, or third-party fees stated in the Order Form or permitted by law.
11.6 Refunds
Fees are non-refundable unless a refund right is expressly stated in an Order Form or required by law.
Project-specific review periods, satisfaction commitments, or refund policies apply only when included in the applicable Order Form. No refund is available merely because a Client changes direction, delays the project, fails to provide materials, stops using the Service, experiences a platform decision, or does not achieve an expected business result.
11.7 Payment Disputes and Chargebacks
The Client must raise a good-faith billing dispute promptly and provide enough detail for review. Filing an improper chargeback for authorized Services is a material breach.
Profueled may suspend Services while a chargeback or payment dispute is pending and may provide the payment processor with the Agreement, approvals, usage records, communications, and other evidence reasonably necessary to respond.
12. Ownership and Intellectual Property
12.1 Client Materials
The Client retains ownership of Client Materials. The Client grants Profueled and its providers a non-exclusive, worldwide, royalty-free license to host, copy, modify, display, transmit, process, and use Client Materials as reasonably necessary to provide the Services, create Deliverables, operate systems, and exercise rights under the Agreement.
12.2 Final Deliverables
Ownership or licensing of final Deliverables is governed by the Order Form.
Unless the Order Form states otherwise, ownership of custom final Deliverables created specifically for the Client transfers only after Profueled receives full payment for the applicable engagement.
The transfer does not include Profueled Materials, Third-Party Services, stock assets, fonts, open-source components, platform code, vendor licenses, internal files, reusable systems, or materials that cannot legally be transferred.
12.3 Profueled Materials
Profueled retains all right, title, and interest in Profueled Materials.
To the extent Profueled Materials are embedded in a paid Deliverable, Profueled grants the Client a non-exclusive, non-transferable license to use those embedded materials only as part of the Deliverable for the Client's internal business and marketing purposes, unless the Order Form grants broader rights.
The Client may not extract, resell, sublicense, publish, reverse engineer, copy for unrelated projects, or use Profueled Materials to create a competing product or service.
12.4 AI Systems, Prompts, and Outputs
Users retain rights they may have in lawful information they submit. Profueled retains its frameworks, system prompts, workflows, retrieval structures, orchestration, evaluation methods, knowledge-base architecture, and other underlying systems.
AI outputs may not be unique and may resemble outputs produced for others. Profueled does not guarantee that AI output is copyrightable, registrable, exclusive, or free from third-party claims.
12.5 Third-Party and Licensed Materials
Third-party assets remain subject to their original licenses. The Client must comply with license restrictions communicated by Profueled or the provider.
Profueled does not transfer ownership of vendor accounts, stock libraries, plugins, platforms, carrier numbers, models, or licenses unless the Order Form expressly states that transfer is included and the provider permits it.
12.6 Feedback
If a User voluntarily provides suggestions about the Services, Profueled may use them without restriction or compensation, provided Profueled does not publicly identify the User without permission.
13. Portfolio and Publicity Rights
Unless a signed Order Form, confidentiality agreement, or nondisclosure agreement says otherwise, the Client grants Profueled a perpetual, worldwide, royalty-free right to display final public-facing work, the Client's name and logo, and non-confidential project descriptions in Profueled's portfolio, case studies, award submissions, social content, proposals, advertising, and promotional materials.
Profueled will not intentionally publish Client confidential information, private credentials, non-public customer data, unreleased financial information, or unpublished work before public launch without permission.
The Client may request reasonable corrections to factual descriptions. Removal of already published portfolio material is not required unless agreed in writing or required by law.
14. Confidentiality
Each party may receive non-public information that is marked confidential or should reasonably be understood as confidential.
The receiving party will:
Use confidential information only to perform or receive the Services.
Protect it with reasonable care.
Share it only with personnel and providers who need it and are subject to appropriate obligations.
Confidential information does not include information that:
Becomes public without breach.
Was lawfully known without restriction before disclosure.
Is received lawfully from another source without a duty of confidentiality.
Is independently developed without use of the confidential information.
A party may disclose confidential information when required by law, subpoena, or court order, subject to legally permitted notice and protective measures.
AI interactions are automated communications. They are not attorney-client, doctor-patient, fiduciary, or other privileged professional consultations.
15. Privacy, Data, and Security
Profueled's Privacy Policy explains how Profueled collects, uses, discloses, and retains personal information and is incorporated into these Terms.
The Client is responsible for providing legally required privacy notices and obtaining legally required consent for data supplied to Profueled or processed through Client-facing systems.
Where the Services process information on behalf of a Client, the parties may enter into an additional data-processing agreement when required.
Profueled uses reasonable administrative, technical, and organizational safeguards. No method of transmission, telecommunications, storage, hosting, or AI processing is completely secure.
The Client must not provide protected health information, nonpublic financial information, biometric identifiers, government identification numbers, children's data, or other regulated data unless an Order Form expressly authorizes that data and establishes required safeguards.
Profueled may investigate security events, preserve relevant records, suspend affected systems, and cooperate with providers or authorities when reasonably necessary.
16. Accessibility, Legal, and Compliance Limitations
Profueled may apply generally accepted design, development, security, privacy, or accessibility practices when included in scope. Profueled does not provide legal certification or guarantee compliance with the Americans with Disabilities Act, Web Content Accessibility Guidelines, state privacy laws, industry-specific regulations, or another legal standard unless an Order Form expressly includes a defined compliance engagement.
The Client is responsible for obtaining qualified legal review of its website, policies, consent language, promotions, industry disclosures, accessibility obligations, privacy practices, and regulated activities.
17. Warranties and Disclaimers
Profueled warrants that it will perform paid professional Services in a commercially reasonable manner consistent with the applicable Order Form.
Except for that limited warranty and to the maximum extent permitted by law, the Services and Deliverables are provided "as is" and "as available."
PROFUELED DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY, AND UNINTERRUPTED OPERATION.
Profueled does not warrant that:
A Service will be error-free, uninterrupted, secure, or continuously available.
A platform, carrier, vendor, model, integration, or account will remain available.
A website will comply with every law or accessibility standard.
AI output, transcripts, recommendations, or classifications will be accurate.
A Deliverable will be registrable, exclusive, or immune from third-party claims.
A campaign, website, brand, automation, or strategy will produce a particular result.
Some jurisdictions do not allow certain disclaimers, so portions of this Section may not apply to every User.
18. No Performance Guarantees
Profueled does not guarantee leads, calls, appointments, conversions, sales, revenue, profit, rankings, impressions, reach, engagement, advertising performance, platform approval, account status, customer response, cost per lead, return on investment, or other business outcomes.
Results depend on factors outside Profueled's control, including the Client's offer, pricing, reputation, competition, service quality, sales process, response speed, budget, market conditions, platform behavior, customer demand, and fulfillment.
Case studies, examples, forecasts, projections, benchmarks, and prior results are illustrative and do not promise future performance.
19. Indemnification
The Client will defend, indemnify, and hold harmless Profueled, its owners, personnel, contractors, affiliates, and providers from third-party claims, investigations, penalties, damages, losses, judgments, settlements, and reasonable legal fees arising from or relating to:
Client Materials.
The Client's products, services, offers, warranties, pricing, fulfillment, or customer relationships.
False, misleading, illegal, or unsubstantiated claims supplied or approved by the Client.
Intellectual-property, privacy, publicity, recording, communication, or data rights the Client failed to obtain.
Contact lists, advertising audiences, or data supplied by the Client.
The Client's failure to obtain consent or honor an opt-out.
The Client's violation of law, regulation, platform policy, or the Agreement.
Instructions or modifications made by the Client or a third party after delivery.
The Client's negligent, fraudulent, willful, or unlawful conduct.
Profueled will provide reasonably prompt notice of an indemnified claim and reasonable cooperation at the Client's expense. The Client may not settle a claim in a manner that admits wrongdoing by Profueled, imposes obligations on Profueled, or restricts Profueled without Profueled's written consent.
20. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROFUELED WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST OPPORTUNITY, LOSS OF GOODWILL, LOSS OF DATA, OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
PROFUELED'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO AN AFFECTED SERVICE WILL NOT EXCEED THE FEES ACTUALLY PAID TO PROFUELED FOR THAT SERVICE DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR A ONE-TIME PROJECT WITH NO RECURRING FEE, LIABILITY WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE SPECIFIC PROJECT GIVING RISE TO THE CLAIM.
The limitations apply regardless of the theory of liability and even if a remedy fails of its essential purpose.
The limitations do not apply to liability that cannot legally be limited or excluded.
21. Suspension, Termination, and Effect
21.1 Suspension
Profueled may suspend or restrict Services for nonpayment, security risk, unlawful use, material breach, abusive conduct, platform restrictions, or conduct that could harm Profueled, a provider, a Client, or another person.
When reasonably possible, Profueled will provide notice and an opportunity to cure. Immediate suspension may occur when delay would create material risk.
21.2 Termination by Client
The Client may terminate according to the applicable Order Form. Project fees, deposits, minimum commitments, notice periods, and recurring charges remain governed by that Order Form.
Stopping use of a Service, withholding materials, removing access, or disputing a charge does not by itself terminate an Agreement.
21.3 Termination by Profueled
Profueled may terminate an Agreement if the Client:
Materially breaches and fails to cure within a reasonable period after notice.
Fails to pay amounts due.
Uses the Services unlawfully or deceptively.
Creates a material security, legal, safety, or reputational risk.
Becomes insolvent, ceases operations, or enters bankruptcy where termination is legally permitted.
Profueled may also discontinue a free tool or nonessential feature at any time.
21.4 Effect of Termination
Upon termination:
Outstanding amounts become immediately due.
Profueled may stop work and revoke access to managed systems.
Hosting, automations, numbers, integrations, AI services, and licensed components may stop functioning.
The Client must stop using Profueled Materials except as permitted in a surviving license.
Transfer or export assistance is provided only if included in the Agreement or separately purchased.
Profueled may retain records as required for business, legal, security, and dispute purposes.
Sections concerning payment, ownership, confidentiality, privacy, disclaimers, indemnification, liability, disputes, and any provisions intended by their nature to survive will remain effective.
22. Dispute Resolution, Arbitration, and Governing Law
22.1 Informal Resolution
Before filing a formal claim, a party must send written notice describing the dispute and requested resolution. The parties will attempt in good faith to resolve the dispute for at least 30 days.
Notice to Profueled must be sent to support@profueled.com with the subject line "Legal Dispute Notice."
22.2 Mediation
If informal resolution fails, the parties will attempt confidential mediation before arbitration, unless immediate injunctive relief or a qualifying small-claims action is sought.
Mediation may occur remotely or in Will County, Illinois. The parties will share the mediator's fees equally unless they agree otherwise or applicable law requires another allocation.
22.3 Binding Arbitration
If mediation does not resolve the dispute, the dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under the rules applicable to the dispute.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. Arbitration may occur remotely or in Will County, Illinois, unless applicable law requires another location.
The arbitrator may award any individual remedy available in court but may not consolidate claims or preside over a class, collective, coordinated, or representative proceeding except where applicable law prohibits that restriction.
Judgment on the award may be entered in any court with jurisdiction.
22.4 Small Claims and Injunctive Relief
Either party may bring an individual claim in a court of competent small-claims jurisdiction if the claim qualifies.
Either party may seek temporary or preliminary court relief to protect confidential information, intellectual property, account security, or systems while arbitration is pending.
22.5 Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISPUTES MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. NEITHER PARTY MAY PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, MASS, OR REPRESENTATIVE ACTION OR ARBITRATION.
22.6 Governing Law
Illinois law governs the Agreement without regard to conflict-of-law principles, except that the Federal Arbitration Act governs arbitration.
If a dispute is not subject to arbitration, the parties consent to the exclusive jurisdiction of state or federal courts located in Will County, Illinois, or the federal district serving that county.
23. General Terms
23.1 Independent Contractors
The parties are independent contractors. The Agreement does not create an employment, partnership, franchise, fiduciary, joint venture, or agency relationship.
23.2 No Third-Party Beneficiaries
The Agreement benefits only the parties and their permitted successors and assigns. It does not create rights for another person unless expressly stated.
23.3 Assignment
The Client may not assign the Agreement without Profueled's written consent. Profueled may assign the Agreement in connection with a merger, acquisition, financing, corporate reorganization, sale of assets, or transfer of the applicable business or Service.
23.4 Force Majeure
Profueled is not liable for delay or failure caused by events outside its reasonable control, including natural disasters, severe weather, fire, labor disputes, war, terrorism, civil unrest, public-health events, power or internet failure, cyberattack, carrier failure, vendor outage, platform action, government order, or supply interruption.
23.5 Notices
Operational notices may be delivered by email, portal, invoice, account notification, or another reasonable electronic method.
Legal notices to Profueled must be sent to support@profueled.com unless a signed Order Form identifies another address.
23.6 Severability
If a provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain effective.
23.7 Waiver
A failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the specific instance stated.
23.8 Entire Agreement
The Agreement is the complete agreement concerning its subject and replaces prior or contemporaneous discussions, proposals, statements, or understandings concerning that subject.
23.9 Headings
Headings are for convenience and do not affect interpretation.
24. Changes to These Terms
Profueled may update these Terms to reflect legal, operational, security, product, or business changes.
Updated Terms apply prospectively from the posted effective date. Material changes affecting an active recurring Service will be communicated through a reasonable method when required by law.
An update to these Terms does not retroactively change a signed Order Form's price, fixed scope, ownership transfer, or committed term unless the parties agree in writing or the change is required by law.
Continued use after the effective date constitutes acceptance where permitted by law. If a Client does not agree to a material change affecting a recurring Service, the Client may exercise any cancellation right available under the Order Form or applicable law.
25. Contact
Questions about these Terms may be sent to:
Profueled LLC
Email: support@profueled.com