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Platform Terms of Service

Version 1.2  ·  SHA-256: 8a30d414a3033356…

FITTIN INC. — PLATFORM TERMS OF SERVICE

Version 1.2

These Platform Terms of Service ("Terms") govern access to and use of the FITTIN

online IP consulting portal and all associated services. They form a binding legal

agreement between FITTIN INC., a Delaware corporation ("FITTIN"), and the

individual or entity identified by the account email address ("Client").

Acceptance is effected electronically under ESIGN (15 U.S.C. § 7001) and UETA.

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1. ACCEPTANCE AND ELIGIBILITY

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1.1 By electronically accepting these Terms, Client represents that:

(a) Client is at least 18 years of age and legally capable of entering

into binding contracts;

(b) if acting on behalf of a company or other legal entity, Client has full

authority to bind that entity to these Terms; and

(c) Client's use of the FITTIN platform does not violate any applicable law

or regulation.

1.2 These Terms are effective as of the date and time of electronic acceptance.

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2. DESCRIPTION OF SERVICES

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2.1 FITTIN provides IP strategy consulting, patentability analysis, prior-art

research, claim-concept drafting, competitive intelligence, and related

analytical services ("Services") delivered through an AI-assisted pipeline.

2.2 Services are tier-based. The scope, deliverables, pricing, and payment

triggers for each tier are described in the Commercial Policy and Payment

Policy displayed at checkout, each incorporated herein by reference.

2.3 FITTIN reserves the right to modify, discontinue, or upgrade Services with

reasonable advance notice. Modifications that materially reduce the scope

of a paid but not yet delivered service tier will entitle Client to a

pro-rata refund.

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3. NOT LEGAL ADVICE — CRITICAL DISCLAIMER

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3.1 FITTIN IS NOT A LAW FIRM, PATENT ATTORNEY, OR PATENT AGENT. FITTIN DOES NOT

PROVIDE LEGAL ADVICE, LEGAL OPINIONS, FREEDOM-TO-OPERATE OPINIONS, OR LEGAL

REPRESENTATION OF ANY KIND.

3.2 NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED BY THESE TERMS, BY USE OF THE

FITTIN PLATFORM, OR BY RECEIPT OF ANY FITTIN DELIVERABLE.

3.3 FITTIN reports and analyses are strategic work product based on practical IP

experience and AI-assisted research. They do not constitute legal opinions

and should not be relied upon as such.

3.4 Patent filing, prosecution, legal opinions, and all legal work require an

independently retained, licensed USPTO-registered patent attorney or agent.

Client is solely responsible for engaging and paying such legal counsel.

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4. PAYMENT AND BILLING

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4.1 Fees, payment triggers, billing cycles, and refund terms are set forth in

the Commercial Policy and Payment Policy, incorporated herein by reference.

All fees are denominated in United States Dollars (USD).

4.2 FITTIN uses PayPal for payment processing. Client's payment data is handled

by PayPal under PayPal's own terms of service and privacy policy.

FITTIN does not store payment card numbers, CVV codes, PayPal passwords,

or bank credentials.

4.3 Live payment capture is activated only upon explicit FITTIN owner

authorization. During sandbox or development mode, no charges are processed.

4.4 FITTIN may update pricing with thirty (30) days' advance notice. Rates

applicable to confirmed and paid service orders are not retroactively changed.

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5. CONFIDENTIALITY AND DATA HANDLING

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5.1 The handling of Client's confidential submissions is governed by the FITTIN

Mutual Non-Disclosure Agreement accepted concurrently with these Terms.

5.2 FITTIN processes submitted materials solely to deliver the requested Services.

Client data is not sold to third parties or used for FITTIN's own commercial

purposes beyond service delivery.

5.3 FITTIN employs commercially reasonable technical and organizational measures

to protect Client data. Client acknowledges that no system is completely

impenetrable and accepts residual security risk inherent in internet-based

services.

5.4 FITTIN may engage vetted third-party service providers (cloud hosting, AI

model APIs, email delivery, analytics) bound by data processing agreements.

5.5 Client is solely responsible for the accuracy, legality, ownership, and

completeness of all materials submitted to FITTIN.

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5A. VOICE DATA COLLECTION AND PROCESSING

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5A.1 DEFINITIONS. For purposes of this Section:

(a) "Voice Recording" means any audio captured by Client's device

microphone through the FITTIN platform's "Speak your idea" feature;

(b) "Voice Sample" means a copy of a Voice Recording retained by FITTIN

for the purpose of personalizing AI-generated audio content; and

(c) "Voice Personalization" means the creation of AI-synthesized audio

in which Nadia or other FITTIN AI characters are voiced using

characteristics derived from Client's Voice Sample.

5A.2 VOICE-TO-TEXT TRANSCRIPTION.

(a) When Client uses the "Speak your idea" feature, the Voice Recording

is transmitted to OpenAI, LLC ("OpenAI") via its Whisper speech

recognition API for the sole purpose of generating a text transcript

of Client's submission.

(b) The transcript is subsequently processed by OpenAI's GPT-4o-mini

language model to correct transcription errors and remove filler words.

(c) FITTIN does not retain the raw Voice Recording after transcription

is complete, except as described in Section 5A.3.

(d) OpenAI's processing of voice data is governed by OpenAI's Privacy

Policy (openai.com/privacy) and Enterprise Data Use Policy.

Client acknowledges that FITTIN has no control over OpenAI's data

handling practices beyond the obligations in FITTIN's agreement

with OpenAI.

5A.3 VOICE SAMPLE STORAGE FOR AUDIO PERSONALIZATION.

(a) The first Voice Recording submitted by a Client on the FITTIN

platform is automatically retained by FITTIN as a Voice Sample in

Client's isolated data workspace.

(b) The Voice Sample is stored for the purpose of enabling personalized

Nadia audio briefings, specifically to allow AI voice synthesis

systems to generate audio content that reflects Client's voice

characteristics.

(c) By using the "Speak your idea" feature, Client explicitly consents

to the collection and storage of a Voice Sample as described in

this Section.

(d) No more than one (1) Voice Sample per Client account is retained

at any time. A new Voice Sample replaces the prior one; the prior

sample is permanently deleted.

(e) Client may request deletion of their Voice Sample at any time by

contacting support@fittin.ai with the subject line "Voice Sample

Deletion Request." FITTIN will process such requests within ten

(10) business days.

5A.4 VOICE PERSONALIZATION — THIRD-PARTY AI PROCESSING.

(a) FITTIN intends to offer an optional Voice Personalization feature

that uses Client's Voice Sample to generate personalized audio

briefings. This feature uses AI voice synthesis services provided

by third parties, which may include ElevenLabs, Inc.

(elevenlabs.io) or similar providers.

(b) Voice Personalization via third-party AI synthesis is NOT activated

by acceptance of these Terms alone. It requires a separate,

explicit, affirmative opt-in consent at the time the feature is

offered to Client within the FITTIN platform.

(c) If Client opts in, Client's Voice Sample will be transmitted to

the applicable third-party provider for voice cloning and audio

synthesis. Such processing is governed by the third party's own

terms of service and privacy policy.

(d) Client may withdraw consent for Voice Personalization at any time

by contacting support@fittin.ai or using the in-platform opt-out

controls when available. Withdrawal of consent will result in

deletion of any derived voice model created by the third-party

provider, to the extent FITTIN has the ability to cause such

deletion.

(e) Client warrants that any Voice Recording submitted is of Client's

own voice, or Client has obtained all necessary rights, consents,

and authorizations from the person whose voice is recorded, prior

to submission.

5A.5 BIOMETRIC DATA NOTICE.

In jurisdictions where voice data constitutes biometric information or

biometric identifiers under applicable law (including without limitation

the Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq.

("BIPA"), the California Consumer Privacy Act ("CCPA"), and the EU

General Data Protection Regulation ("GDPR")):

(a) FITTIN's written policy governing retention and destruction of

biometric data is set forth in this Section 5A. Voice Samples

are retained until Client requests deletion pursuant to Section

5A.3(e) or until account termination, at which time Voice Samples

are permanently destroyed within thirty (30) days.

(b) FITTIN will not sell, lease, trade, or otherwise profit from

Client's Voice Sample or biometric data.

(c) FITTIN will not disclose or disseminate Voice Samples to any party

other than the AI processing vendors identified in Sections 5A.2

and 5A.4, and only to the extent necessary to perform the Services

consented to by Client.

(d) EU/EEA Clients: the legal basis for processing Voice Recordings

for transcription is the performance of the contract (GDPR Art.

6(1)(b)). The legal basis for retaining a Voice Sample is Client's

explicit consent (GDPR Art. 6(1)(a) and, where applicable,

Art. 9(2)(a)). Client has the right to withdraw consent, access,

rectify, and erase personal data as provided under GDPR Chapter

III. Requests may be submitted to support@fittin.ai.

(e) California Clients: Voice Recordings and Voice Samples are

"personal information" as defined by the CCPA. FITTIN collects

this information for the business purposes described in this

Section. FITTIN does not sell Voice Samples.

5A.6 MICROPHONE ACCESS.

Access to Client's device microphone is requested solely at the time

Client activates the "Speak your idea" feature. FITTIN does not

access the microphone at any other time and does not conduct background

audio monitoring of any kind. Browser-level microphone permission

granted by Client can be revoked at any time through the browser or

device settings, without affecting Client's other rights under these

Terms.

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6. INTELLECTUAL PROPERTY

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6.1 Client retains full ownership of all inventions, ideas, designs, trade

secrets, and other materials submitted to FITTIN.

6.2 Deliverables created specifically for Client under a paid service tier are

assigned to Client upon receipt of full payment for that tier.

6.3 FITTIN retains all rights, title, and interest in the FITTIN AI pipeline,

scoring models, methodology frameworks, templates, and improvements thereto.

6.4 Client grants FITTIN a limited, non-exclusive, non-transferable license to

process submitted materials solely to perform the Services.

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7. ACCEPTABLE USE

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7.1 Client agrees not to:

(a) submit materials that infringe third-party intellectual property rights

or violate applicable law;

(b) attempt to reverse-engineer, decompile, or extract FITTIN's pipeline,

AI models, or proprietary methodology;

(c) resell, sublicense, or redistribute FITTIN deliverables without prior

written consent;

(d) use FITTIN Services for any unlawful, fraudulent, or abusive purpose; or

(e) misrepresent authorship or ownership of submitted materials.

7.2 PROHIBITED LANGUAGE AND ABUSIVE SUBMISSIONS.

Client agrees not to include in any text field, file, or communication

submitted through the FITTIN platform:

(a) profanity, obscene language, or vulgar expressions in any language;

(b) insults, threats, or harassment directed at FITTIN staff, other users,

or any third party;

(c) hate speech, discriminatory language, or content that degrades

individuals based on race, gender, religion, national origin, sexual

orientation, disability, or other protected characteristics; or

(d) content submitted in bad faith with the intent to abuse the free-tier

service, circumvent usage limits, or disrupt platform operations.

7.3 SUBMISSION QUALITY REQUIREMENTS.

FITTIN's AI pipeline requires a minimum level of substantive content to

perform meaningful IP analysis. Client acknowledges that:

(a) submissions that are meaningless, incoherent, or consist of random

characters or placeholder text ("test", "asdf", or similar) will be

rejected without processing and without constituting a paid use of

the service;

(b) submissions that contain insufficient detail for IP analysis (lacking

a description of the invention, its mechanism, or its application)

will be returned with a specific request to expand the submission

before processing begins; and

(c) FITTIN's determination of whether a submission meets the minimum

quality threshold is made by automated review and is final for

processing purposes, without prejudice to Client contacting support

to clarify or resubmit.

7.4 MEDIA UPLOAD RESTRICTIONS.

Client agrees not to upload to the FITTIN platform any image, video, or

other visual media that contains:

(a) pornographic, sexually explicit, or obscene content;

(b) graphic depictions of violence, gore, or other shocking material; or

(c) any visual content that would be considered inappropriate in a

professional business context.

FITTIN reserves the right to scan uploaded media using automated content

detection tools prior to processing or storage in Client's Data Room.

Non-compliant files will be rejected without processing.

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7A. CONTENT MODERATION AND ACCOUNT ENFORCEMENT

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7A.1 AUTOMATED MODERATION. FITTIN employs automated content moderation

for all text submissions and uploaded media. Submissions that trigger

content policy violations are blocked from processing at the point of

submission. No AI pipeline resources are consumed for non-compliant

submissions, and no service credit is deducted for rejected submissions.

7A.2 WARNING SYSTEM. Upon a first detected violation of Sections 7.2 or 7.4:

(a) Client will receive an on-screen warning notification identifying

the nature of the violation;

(b) the submission will not be processed; and

(c) a violation record will be created for the account. FITTIN does not

retain the offending text verbatim; only a cryptographic hash,

violation type, and timestamp are stored.

7A.3 ACCOUNT SUSPENSION. Upon a second detected violation of Sections 7.2

or 7.4 within the same account:

(a) Client's account will be automatically suspended, preventing further

submissions;

(b) Client will be notified on-screen and directed to contact

support@fittin.ai; and

(c) FITTIN will review the suspension and, at its sole discretion, may

reinstate the account, require additional identity verification, or

permanently terminate access pursuant to Section 11.2.

7A.4 APPEALS. A suspended Client may submit an appeal to support@fittin.ai

with the subject line "Account Review Request — [account email]."

FITTIN will acknowledge appeals within five (5) business days. FITTIN's

decision on reinstatement is final.

7A.5 NO REFUND FOR POLICY VIOLATIONS. Fees paid for service tiers are not

refunded in cases of account suspension or termination resulting from

violations of Sections 7.2, 7.3, or 7.4.

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8. LIMITATION OF LIABILITY

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8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FITTIN'S TOTAL AGGREGATE

LIABILITY TO CLIENT FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE

TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CLIENT

TO FITTIN IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

8.2 IN NO EVENT SHALL FITTIN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,

PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO

LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR BUSINESS

INTERRUPTION, EVEN IF FITTIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES.

8.3 The foregoing limitations apply regardless of the legal theory under which

liability is asserted, whether in contract, tort (including negligence), strict

liability, statutory liability, or any other basis.

8.4 Some jurisdictions do not allow certain limitations of liability; in such

jurisdictions, FITTIN's liability is limited to the maximum extent permitted

by law.

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9. INDEMNIFICATION

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9.1 Client agrees to indemnify, defend (with counsel reasonably acceptable to

FITTIN), and hold harmless FITTIN and its directors, officers, employees,

agents, and successors from and against any and all claims, damages, losses,

liabilities, costs, and expenses (including reasonable attorneys' fees)

arising out of or relating to:

(a) Client's submitted materials infringing, misappropriating, or violating

any third-party intellectual property right, privacy right, or other legal

right;

(b) Client's breach of any representation, warranty, or obligation under

these Terms; or

(c) Client's use or misuse of FITTIN deliverables in violation of these Terms

or applicable law.

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10. MODIFICATIONS TO TERMS

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10.1 FITTIN may update or modify these Terms at any time. For material changes,

FITTIN will provide at least thirty (30) days' advance notice via email or

portal notification prior to the effective date of the change.

10.2 Continued use of the Services after the effective date of updated Terms

constitutes binding acceptance of the modified Terms. If Client does not

agree to updated Terms, Client must discontinue use and provide FITTIN

written notice of termination.

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11. TERM AND TERMINATION

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11.1 These Terms are effective upon electronic acceptance and continue until

terminated by either party.

11.2 FITTIN may suspend or terminate Client's access for: material breach of

these Terms; non-payment of amounts due; or violation of applicable law,

with reasonable notice where practicable and legally permissible.

11.3 Upon termination, Client retains ownership of all previously delivered and

fully paid-for deliverables. Sections 3, 5, 5A, 6, 7A.5, 8, 9, and 13 survive

termination indefinitely.

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12. DISCLAIMERS

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12.1 THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." FITTIN MAKES NO

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.

12.2 FITTIN DOES NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE,

OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12.3 FITTIN DOES NOT WARRANT THAT ANY PATENTABILITY ANALYSIS OR PRIOR-ART SEARCH

IS EXHAUSTIVE. PATENT OUTCOMES DEPEND ON USPTO EXAMINATION AND ARE BEYOND

FITTIN'S CONTROL.

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13. GOVERNING LAW AND DISPUTE RESOLUTION

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13.1 These Terms are governed by the laws of the State of Delaware, United States,

without regard to its conflict-of-law principles.

13.2 Any dispute arising out of or relating to these Terms or the Services shall

be resolved by final and binding arbitration administered by JAMS in

Wilmington, Delaware, under JAMS Streamlined Arbitration Rules then in

effect. The arbitrator may award any remedy available in law or equity.

Judgment on the award may be entered in any court of competent jurisdiction.

13.3 CLASS ACTION WAIVER: TO THE FULLEST EXTENT PERMITTED BY LAW, CLIENT WAIVES

THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED,

OR REPRESENTATIVE ACTION AGAINST FITTIN. Disputes must be brought on an

individual basis only.

13.4 Notwithstanding Section 13.2, either party may seek emergency injunctive or

equitable relief in any court of competent jurisdiction to prevent irreparable

harm, without waiving the right to arbitration for other claims.

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14. ELECTRONIC SIGNATURE

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14.1 Client's electronic acceptance of these Terms — specifically, activation of

the acceptance checkbox on the FITTIN platform — constitutes Client's valid

and binding electronic signature pursuant to ESIGN (15 U.S.C. § 7001) and UETA.

14.2 FITTIN maintains a permanent acceptance record for each Client, which includes:

document version, SHA-256 text hash, UTC timestamp, IP address, browser user

agent, and selected service tier at time of acceptance.

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15. GENERAL PROVISIONS

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15.1 These Terms, together with the Commercial Policy, Payment Policy, Content

Moderation Policy, and FITTIN Mutual Non-Disclosure Agreement, constitute

the complete and exclusive agreement between the parties regarding the

Services and supersede all prior representations, understandings, or

agreements relating to the subject matter hereof.

15.2 If any provision is held invalid or unenforceable, it shall be modified to the

minimum extent necessary to make it enforceable; all remaining provisions

continue in full force and effect.

15.3 These Terms may not be assigned by Client without FITTIN's prior written consent.

FITTIN may freely assign these Terms in connection with a merger, acquisition,

asset sale, or corporate reorganization.

15.4 All notices to FITTIN under these Terms should be sent to the contact address

displayed in the FITTIN portal. FITTIN may provide notices to Client by email

to the address associated with Client's account.

15.5 Failure by FITTIN to enforce any provision of these Terms shall not constitute

a waiver of FITTIN's right to enforce such provision in the future.

By using the FITTIN portal you confirm you have read and accepted these Terms. Your electronic acceptance is recorded with a timestamp, document version, and SHA-256 hash.

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