Terms of service

TERMS AND CONDITIONS OF USE
60 WATTS OF CLARITY — JFERNANDEZ, LLC
Effective Date: October 13, 2025
This Terms and Conditions document ("Agreement") constitutes a legally binding contract between you ("you," "User," or "Client") and JFernandez, LLC, a limited liability company organized under the laws of the State of Texas and operating under the registered business name 60 Watts of Clarity ("Company," "we," "us," or "our"). These terms govern your access to and use of all services, platforms, web portals, educational workshops, artificial intelligence tools, including but not limited to Spanel, AI agent interfaces, custom builds, SaaS platforms provided or hosted via Launch Lemonade, website domains maintained by the Company, and all content or tools owned or administered by the Company.
By accessing, subscribing to, licensing, or otherwise utilizing Company services, platforms, content, or tools, you affirm that you have read, understood, and agree to be bound by the terms contained herein. If you do not agree to the following provisions, you must refrain from using any services offered by the Company.

1. DEFINITIONS
For purposes of this Agreement, "Input Data" shall mean any information, prompt, content, file, direction, instruction, or material submitted by the User into any Company service for operation, training, interaction, or transformation by an AI agent. The term "Output Data" shall mean content, insight, interpretation, recommendation, or otherwise generated result which emerges from a Company AI tool based on the processing of Input Data. An "AI Agent" shall mean a software construct, autonomous assistant, or logic engine trained upon user-provided Input Data and provisioned within Company's digital framework, inclusive of agents built through custom development services or via SaaS platforms. The "Platform" shall mean the digital infrastructure and user interfaces, including those developed on third-party systems such as Launch Lemonade, through which the User interacts with any Company product. "Services" shall collectively denote any workshops, digital tools, software-as-a-service offerings, custom AI builds, or educational content provided by the Company.

2. LICENSE TO USE COMPANY SERVICES
The Company hereby grants to the User a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Company's Services for lawful and internal business, research, or educational purposes, strictly subject to these Terms and all applicable laws and regulations. This license is expressly conditioned upon User's compliance with all provisions set forth in this Agreement and represents the entirety of permissions granted by the Company for use of its proprietary systems, interfaces, and technological infrastructure. The foregoing license does not imply or convey any right to reverse engineer, repurpose, mine, commercialize, or otherwise exploit Company Services, systems, or outputs beyond the intended scope as expressly permitted by the Company. Any attempt to circumvent technical limitations, extract underlying code or algorithms, or create derivative works based upon Company technology constitutes a material breach of this Agreement and may subject User to immediate termination and legal action.

3. USER-OWNED DATA AND OUTPUTS
The Company acknowledges and affirms that all Input Data remains the sole intellectual property of the User. The entry of such Input Data into Company systems does not transfer, assign, license, or otherwise convey ownership rights to the Company, nor does it create any implied license beyond the narrow operational purposes necessary to deliver the Services contracted for by the User. This principle of user ownership extends comprehensively to all materials, regardless of format, complexity, or commercial value, that the User introduces into the Company's technological ecosystem.
The User maintains full and unrestricted ownership over the Output Data generated via interactions with AI Agents. The Company disclaims any ownership, claim, royalty, or interest in any Insights, Products, Strategies, Monetizations, or Profits that arise or derive from such Output Data. Whether the Output Data consists of creative works, business strategies, educational materials, clinical documentation, research findings, or any other form of intellectual production, the User retains all rights, title, and interest therein without limitation or qualification. Company's role is that of service facilitator and technological infrastructure provider. All wealth creation, innovation, or economic gain resulting from system usage belongs solely to the User, and the Company expressly waives any claim to participate in such success, whether through equity interest, revenue sharing, royalty arrangements, or any other mechanism of financial participation.
By submitting Input Data to the Services, you grant the Company a limited, purpose-bound license to store, process, and use such Input Data solely for the following narrowly defined purposes:
•Training the specific AI Agent requested by you
•Operating and maintaining your instance of the AI service
•Improving your Agent's personalized accuracy, fluency, or applicability
•Demonstrating service results through non-identifying, anonymized excerpts provided that output is not commercially exploited nor shared without user's consent
This limited license terminates automatically upon cessation of the service relationship or upon User's request for data deletion, whichever occurs first.

4. USE RESTRICTIONS
You agree not to, directly or indirectly, access or attempt to access accounts, data, or agents belonging to other Users without authorization. Such unauthorized access includes but is not limited to credential sharing, exploitation of security vulnerabilities, social engineering attacks, or any form of intrusion into another User's designated workspace within the Platform. You further agree not to deploy, configure, or use any AI Agent to perform illegal activities, deception, manipulation, surveillance without consent, or activities regulated under healthcare, defense, or finance without adequate oversight and compliance with applicable industry-specific regulations. The Company maintains a zero-tolerance policy regarding the input of fraudulent, harmful, inflammatory, misleading, or defamatory material into the Services, and any such conduct shall constitute grounds for immediate termination without refund or notice.
You expressly agree not to engage in prompt manipulation or prompt injection attacks, the circumvention of system safeguards including but not limited to Lakera security protocols, or the disabling of designed limitations or constraints on agents. Prompt injection attacks, which involve crafting inputs designed to override system instructions or extract confidential information, represent a serious security threat and a material breach of this Agreement. The Company employs sophisticated detection mechanisms to identify such attacks, and Users found engaging in these activities will face immediate account suspension, potential legal action, and reporting to relevant law enforcement authorities where criminal conduct is suspected.

5. CONFIDENTIALITY AND NON-DISCLOSURE
Both parties acknowledge that use of the Services may involve exposure to proprietary logic models, sensitive materials, API keys, instructional systems, training methodologies, algorithmic architectures, or unreleased technological processes that constitute Confidential Information. Such Confidential Information represents valuable trade secrets and proprietary knowledge developed by the Company through substantial investment of time, resources, and expertise. You agree not to disclose Company Confidential Information without prior written consent and to take all reasonable measures to prevent unauthorized access or dissemination, including but not limited to implementing appropriate physical, electronic, and managerial safeguards.
The obligation of confidentiality shall survive termination of this Agreement and shall continue in perpetuity unless the information becomes publicly available through no fault of the receiving party or is independently developed by the receiving party without reference to the Confidential Information. In the event that User is compelled by law, regulation, or court order to disclose Confidential Information, User shall provide Company with prompt written notice of such requirement to permit Company to seek protective measures or otherwise contest such disclosure.

6. PAYMENTS AND SUBSCRIPTIONS
Certain products and services offered by the Company may be provided under a subscription or one-time contract basis. By enrolling in such services, you agree to pay all applicable fees as listed in the order form, service agreement, or on the relevant SaaS platform. Payment obligations are non-cancelable and non-refundable unless otherwise stated in writing, reflecting the Company's commitment of resources, infrastructure allocation, and service delivery upon User enrollment. Failure to remit payment may result in service interruption, termination, or legal recovery, including but not limited to collection agency referral, credit reporting, and litigation to recover amounts owed plus reasonable attorneys' fees and costs.
All prices and fees are quoted and payable in U.S. Dollars. The User is responsible for all applicable federal, state, and local taxes, duties, tariffs, or similar governmental charges unless a valid exemption certificate is provided at time of billing. The Company reserves the right to modify pricing upon thirty days' written notice to User, with such modifications applying to renewal periods but not to current subscription terms already paid. In the event of price increases, User may elect to terminate the subscription at the end of the current paid period without penalty.

7. THIRD-PARTY TOOLS AND HOSTS
You acknowledge that elements of the Platform and Services, including those relating to hosting, AI processing, and security, are powered by third-party systems including Launch Lemonade, which provides platform infrastructure and hosting services, and Lakera, which provides an agnostic prompt security layer designed to detect and prevent malicious inputs. These third-party integrations are essential to the delivery of Services and represent industry-standard approaches to building scalable, secure AI applications. You agree to be bound by the terms of service and data policies of any integrated third-party provider, whether directly visible or incorporated via Company's systems, and acknowledge that your use of Company Services necessarily involves data processing by these subprocessors.
You further acknowledge that while Company maintains oversight regarding user experience and data protection under these Terms, some data handling functions necessarily operate through subprocessors, and your use of the Services signifies your acceptance of this design structure. The Company conducts due diligence on all subprocessors to ensure compliance with applicable data protection laws and industry best practices, and maintains contractual relationships requiring subprocessors to implement appropriate security measures. However, the Company cannot guarantee the performance or security practices of third-party providers beyond the contractual commitments obtained from such providers.

8. DISCLAIMERS AND LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, NOR DOES IT WARRANT THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT GUARANTEE THAT OUTPUT DATA GENERATED BY AI AGENTS IS RELIABLE, ACCURATE, COMPLETE, OR FREE FROM BIAS, ERROR, HALLUCINATION, OR HARM. Artificial intelligence systems, by their nature, operate probabilistically and may produce outputs that are factually incorrect, contextually inappropriate, or potentially harmful despite the Company's implementation of safety measures and quality controls. USE OF SERVICES IS AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR EVALUATING THE ACCURACY, COMPLETENESS, AND UTILITY OF ANY OUTPUT DATA BEFORE RELYING UPON IT FOR ANY PURPOSE, PARTICULARLY IN CONTEXTS INVOLVING PROFESSIONAL JUDGMENT, CLINICAL DECISION-MAKING, LEGAL ADVICE, FINANCIAL PLANNING, OR OTHER HIGH-STAKES APPLICATIONS.
IN NO EVENT WILL THE COMPANY BE LIABLE TO USER OR ANY THIRD PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, REPUTATIONAL HARM, OR INTERRUPTION OF BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY UPON WHICH SUCH CLAIM IS BASED, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. COMPANY'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY USER TO COMPANY IN THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE. This limitation of liability reflects the allocation of risk between the parties and is a fundamental element of the bargain between User and Company.

9. TERMINATION
Company may suspend or terminate your access to Services at its sole discretion in the event of breach of these terms; nonpayment of service fees; requests from law enforcement or regulatory authorities; or abuse, degradation, or harm to other Users through use of Services. Termination may be implemented immediately without prior notice where Company reasonably believes that continued access poses a security risk, legal liability, or threat to other Users or to the integrity of the Platform. Upon termination, your right to use Company products shall cease immediately, and you must discontinue all use of the Services and any associated materials, though your ownership over Input Data and Output Data remains unaffected and you retain the right to request export or deletion of your data in accordance with applicable law.
All clauses that, by their nature, survive termination shall remain binding post-termination, including but not limited to provisions regarding ownership of data, confidentiality obligations, limitation of liability, indemnification, governing law, and dispute resolution. The Company shall have no obligation to maintain or provide access to any data or materials following termination, though it may retain certain information as required by law or legitimate business purposes including financial recordkeeping, fraud prevention, and legal compliance.

10. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, affiliates, and subprocessors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to your use of the Services, your Input Data, your violation of these Terms, your violation of any rights of another party, or your violation of any applicable laws or regulations. This indemnification obligation includes but is not limited to claims arising from the content of Input Data you provide, the use you make of Output Data, and any representations or warranties you make to third parties regarding the Services or Output Data. The Company reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with the Company's defense of such claim.

11. GOVERNING LAW AND VENUE
This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Texas, without regard to conflict of law principles that would require application of the laws of another jurisdiction. Any legal action, suit, or proceeding arising under or in connection with the subject matter of this Agreement shall be brought exclusively in state or federal courts located in Harris County, Texas, and you hereby consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.
In the event of any dispute arising from or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party. The parties agree that any dispute resolution proceedings, whether in court or arbitration, shall be conducted on an individual basis and not as a class action, consolidated action, or representative action, and you expressly waive any right to pursue claims on a class or consolidated basis.

12. CHANGES TO TERMS
Company reserves the right to revise these Terms at any time in its sole discretion. Updated Terms will be posted on Company's websites and become effective on the date disclosed in the revised document. The Company will make reasonable efforts to notify Users of material changes through email notification or prominent notice within the Platform. Continued use of Services following publication of revised Terms constitutes acceptance of the revised Agreement. If you do not agree to the revised Terms, your sole remedy is to discontinue use of the Services and terminate your account. The Company recommends that Users periodically review these Terms to remain informed of any modifications.

13. SEVERABILITY AND WAIVER
If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties, or if such modification is not possible, such provision shall be severed from this Agreement. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and the remaining provisions shall continue in full force and effect. The failure of the Company to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by the Company. No waiver of any breach of this Agreement shall constitute a waiver of any subsequent breach.

14. ENTIRE AGREEMENT
This Agreement, together with the Privacy Policy and any additional terms or agreements referenced herein or entered into separately between the parties, constitutes the entire agreement between you and the Company regarding the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding such subject matter. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties. In the event of any conflict between this Agreement and any other document, this Agreement shall control unless the other document expressly states that it supersedes this Agreement.

15. CONTACT
Inquiries regarding these Terms may be addressed to:
JFernandez, LLC d.b.a. 60 Watts of Clarity 
Legal Department 
Email: [email protected] 
[Insert Physical Office Address]
— End of Agreement —
Executed in good faith and binding upon all parties in accordance with applicable law.