Terms of service

These terms are a contract between Ciolkosz Intelligence LLC ("Ciolk", "we", "us") and the business that creates an account ("you"). They govern your use of Ciolk OS at ciolkoszintelligence.com and related services (the "service"). By creating an account or using the service you accept these terms on behalf of your business and confirm you have authority to do so.

The privacy policy, refund policy and, where it applies, data processing addendum are part of this agreement; on the handling of personal data the addendum controls. The service is for businesses, not consumers; you must be at least 18 and using it for a trade, business or profession.

The person who creates a business account is its owner, controls billing, plan selection, who is invited and what each person can see and do, and is responsible for everything that happens under the account.

Invited employees act only within the access the owner has granted; acting outside it, or using another person's login, breaches these terms. Employees do not see billing and cannot change the subscription.

Keep credentials confidential and tell us promptly at noahciolkosz@ciolkoszintelligence.com if you believe an account has been used without authorization. We may suspend an account used in breach of these terms, presenting a security risk to other customers, or unpaid after the grace period in section 4, warning you first where practical.

Ciolk OS is sold in three plans, each on monthly or annual billing. Current prices, allowances and features are on the pricing page. Prices are in US dollars and exclude applicable taxes.

Every account begins with a 14-day trial, which requires a valid payment method but charges nothing. On day 15, the day after the trial ends, your first subscription charge is made automatically unless you have canceled. The first-charge date is shown at sign-up and on the billing page throughout.

Payments are collected by Stripe; card details go directly to Stripe's checkout and are never stored on Ciolk's servers. By providing a payment method you authorize charges for subscription fees, overage and other amounts under these terms, including on renewal.

Subscriptions renew automatically at the end of each billing period until canceled. You can cancel at any time from the billing page, which opens the Stripe customer portal; you keep full access until the paid period ends and are not charged again. Plan changes take effect immediately and Stripe prorates the difference on your next invoice.

Each plan includes a monthly allowance of AI actions. An AI action is one metered model call, such as one photo analysis or one engine report; reading, quoting, invoicing, scheduling and exporting are not AI actions. Actions beyond the allowance are billed at your plan's per-action rate on your next invoice; the usage meter shows your position at all times.

Regulated practices, including dental and medical, require the Command plan or above. While the Service is operations-only for clinical practices there is no onboarding fee; a clinical account holds no patient records, and you agree not to enter protected health information into the Service.

If a charge fails, Stripe retries it and we email you. If payment has not succeeded within 14 days, we may reduce the account to read-only until the balance is paid; we do not delete data because of a failed payment.

Subscription fees are not refundable after the day-15 charge, with one exception: email us within 7 days of your first subscription charge and we will refund it in full, once per business. Overage charges and the onboarding fee are not refundable. Details, including chargebacks, are in the refund policy.

You own the data you put into the service: business records, client records, photos, quotes and invoices, and your corrections to AI output ("customer content"); nothing here transfers ownership to us.

You grant us a limited license to host, process, transmit and display customer content solely to provide, secure, support and improve the service for you, including sending photos and text to our AI provider for the analysis you request. We do not sell customer content or the personal data in it, and do not use it to train AI models; your corrections calibrate estimates for your own account only.

You are responsible for customer content: you must have the right to upload it and a lawful basis to collect it, including any consent needed to photograph people, vehicles or property.

You can export quotes, invoices, jobs and clients as CSV from the product at any time, and request a full export or deletion by email; we respond within 30 days.

Ciolk OS is not HIPAA compliant and we do not offer or sign a Business Associate Agreement. Our status is stated on the security page.

You must not enter protected health information, as defined by HIPAA or equivalent law. This includes clinical notes, diagnoses, treatment records, insurance claim details tied to a named patient, and dental or medical imagery that identifies a patient. Regulated practices may use the service only for operations that do not involve such information.

If you upload protected health information despite this section, you do so in breach of these terms and at your own risk; we may delete it and suspend the account. The data processing addendum repeats this and is not a Business Associate Agreement.

You agree not to, and not to allow anyone using your account to:

• use the service for anything unlawful, including communications that violate telemarketing, anti-spam or privacy laws;
• upload content that is defamatory, harassing, obscene, or infringes another person's rights;
• attempt to access another customer's data, test the security of the service without our written permission, or interfere with its operation;
• reverse engineer, scrape, copy or resell the service, or use it to build a competing product;
• generate AI actions by automated means to abuse allowances or degrade the service for others;
• present AI output as an independent professional assessment, inspection or appraisal.

We may remove content or suspend access that breaches this section. Report security vulnerabilities to noahciolkosz@ciolkoszintelligence.com; we acknowledge reports within 72 hours and will not act against good-faith research that respects other customers' data.

Parts of the service use machine learning models to produce estimates, findings, summaries and drafts from photos and records ("AI output"). AI output is generated automatically and provided as assistance; it can be wrong, incomplete or inconsistent, and is not a substitute for inspection, measurement or professional judgment.

You remain responsible for the prices you charge, the clinical or professional judgment you exercise, the accuracy of anything you send to a client, insurer or regulator, and any decision made in reliance on AI output. Review it before you act on it. A measured accuracy figure shown in the product is derived from your own corrections; where none is shown, none has been measured. We do not warrant that AI output is accurate or meets any professional standard.

Quotes and invoices you send can be paid online. Those payments are processed by Stripe under Stripe's terms; card data goes into a Stripe-hosted form, is never stored by Ciolk, and funds settle to the Stripe account you connect.

Ciolk is not a party to the transaction between you and your client. We do not provide the goods or services paid for, do not hold funds, and are not responsible for disputes, refunds, chargebacks or taxes arising from it. You are responsible for the content of every quote and invoice.

Ciolk OS is an early-stage product. We use commercially reasonable efforts to keep the service available and fix problems quickly, but we do not guarantee any level of uptime or offer service credits. The service may be unavailable during maintenance, a provider fault, or events outside our control, and requires an internet connection.

We may add, change or retire features. If we retire a feature that materially reduces what you paid for, we will email you at least 30 days in advance where practical. The providers the service depends on are listed in the data processing addendum.

The service, including its software, design, engine names and documentation, is owned by Ciolk or its licensors. You receive a limited, non-exclusive, non-transferable right to use it for your business during your subscription. Suggestions you send us may be used without obligation; feedback never includes customer content.

The service is provided "as is". To the fullest extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement, and do not warrant that the service will be uninterrupted, error-free or secure.

To the fullest extent permitted by law, Ciolk's total liability for all claims arising out of or relating to the service or these terms, in contract, tort or otherwise, is limited to the total fees you paid us in the 12 months immediately preceding the event giving rise to the claim.

To the same extent, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. This does not apply to indemnification or payment obligations, or to liability that cannot be excluded by law; where a jurisdiction does not allow a limitation our liability is limited to the smallest amount it permits.

You will defend, indemnify and hold harmless Ciolk and its members, officers and contractors from any third-party claim, and resulting damages, costs and reasonable legal fees, arising from customer content, use of the service in breach of these terms or the law, your transactions with your clients, protected health information entered despite section 6, or communications sent using the service.

We will defend and indemnify you against a third-party claim that the service, as provided by us and used in accordance with these terms, infringes a United States patent, copyright or trademark, excluding claims arising from customer content or AI output. The party seeking indemnity must notify the other promptly, give it control of the defense and settlement, and cooperate reasonably.

This agreement runs from account creation until the account is closed. You may close the account at any time by canceling from the billing page and, if you want your data removed sooner, emailing a deletion request.

We may terminate on 30 days' written notice for any reason, and immediately for a material breach not cured within 10 days of notice, protected health information entered in breach of section 6, or non-payment after the grace period. If we terminate without cause during a prepaid period we refund the unused part.

On termination your data is retained for 90 days so you can export it, then deleted, unless you ask for deletion sooner. Sealed evidence hashes, which contain no record content, may be kept so that earlier verification results remain checkable. Sections 5, 6, 9, 11 to 14, 16 and 17 survive termination.

We may update these terms as the service and the law change. For material changes we email the account owner at least 30 days before they take effect and update the effective date above; clarifications take effect when posted. If you do not agree to a material change, cancel before it takes effect; continued use afterwards is acceptance.

[Governing law placeholder — confirm the LLC's state] These terms are governed by the laws of the State of Ohio, without regard to its conflict of laws rules. Any dispute arising out of or relating to these terms or the service will be brought exclusively in the state or federal courts located in Ohio.

These terms contain no arbitration clause and no class action waiver; that omission is deliberate. Before any proceeding, each party will describe the dispute to the other in writing and attempt in good faith to resolve it within 30 days.

These terms and the documents they incorporate are the entire agreement about the service. If a provision is unenforceable the rest remains in effect; failure to enforce a right is not a waiver.

You may not assign this agreement without our written consent, except to a successor of your whole business; we may assign it to an affiliate or successor. Neither party is liable for delay caused by events beyond its reasonable control, other than payment obligations. Notices to you go to the account owner's email; notices to us go to noahciolkosz@ciolkoszintelligence.com. The parties are independent contractors.

Ciolkosz Intelligence LLC. Questions about these terms, billing, data requests or security reports: noahciolkosz@ciolkoszintelligence.com.