Brett Software and Plugin License Agreement and Terms of Use

This is the agreement you accept in the Brett app before it switches on. It's the same text the app shows.

Version 2.5. Effective November 9, 2026.

PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY BEFORE SIGNING IN TO, DOWNLOADING, INSTALLING, GENERATING, ACCESSING OR USING THE BRETT APPLICATION, ANY BRETT PLUGIN, OR ANY RELATED CONTENT OR SERVICE. THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, A BROAD RELEASE AND INDEMNITY IN FAVOUR OF THE BRETT PARTIES (INCLUDING BRETT HAWES), DISCLAIMERS OF ALL WARRANTIES, LIMITATIONS AND EXCLUSIONS OF LIABILITY, A REQUIREMENT TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION WHERE PERMITTED BY LAW, AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS WHERE PERMITTED BY LAW. IF YOU DO NOT AGREE TO EVERY TERM OF THIS AGREEMENT, YOU MUST NOT ACCEPT IT, AND YOU MUST NOT SIGN IN TO, GENERATE, DOWNLOAD, INSTALL OR USE ANY PART OF THE BRETT APP.

1. Introduction, Parties and Acceptance

1.1 The Agreement. This Brett Software and Plugin License Agreement and Terms of Use (together with the Brett Privacy Policy, which is incorporated into this Agreement by reference, and any additional terms, policies, purchase terms or notices that are presented to you and that expressly state that they form part of this Agreement, collectively, the "Agreement") is a legally binding contract between you and Parker Management, Inc., which owns the Brett App and offers it, including at askbrett.app (the "Company," "we," "us" or "our").

1.2 Who "you" are. In this Agreement, "you," "your" and "Licensee" mean the individual practitioner who signs in to, generates, downloads, installs, accesses or uses the Brett App, and, if that individual does so on behalf of, for the benefit of, or in the course of work for a business, clinic, practice, employer, partnership, corporation or other entity, also that entity. If you accept this Agreement on behalf of an entity, you represent and warrant that you have full legal authority to bind that entity to this Agreement, and your acceptance binds both you personally and that entity jointly and severally.

1.3 How you accept. You accept and agree to be bound by this Agreement, and you confirm that you have read and understand it, when you do any one or more of the following: (a) check, tick or select a box or control stating that you have read and agree to this Agreement; (b) click or select a button labelled "Generate My Plugin" or any similar button or control; (c) sign in to the Brett application; or (d) download, install, generate, access or use the Brett application, any Brett Plugin or any Brett Content in any manner. Each of these actions is, and will be treated as, your electronic signature and your clear, informed and voluntary consent to this Agreement.

1.4 Electronic contracting. You agree that this Agreement is an electronic record and that your electronic acceptance has the same legal force and effect as a handwritten signature on a paper document, under applicable electronic commerce, electronic transactions and electronic signature laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act (E-SIGN), the Uniform Electronic Transactions Act as enacted in any applicable state, the electronic commerce and electronic documents statutes of the provinces and territories of Canada, and any equivalent law in your jurisdiction. You waive, to the fullest extent permitted by law, any right to require an original, non-electronic signature or the delivery or retention of non-electronic records.

1.5 Record of your acceptance. You acknowledge and agree that, at the time you accept this Agreement and at other times described in the Privacy Policy, we record evidence of your acceptance and use, which may include your name, email address, account and contact identifiers, the version of this Agreement and of the Privacy Policy you accepted, the date and time of acceptance, your Internet Protocol (IP) address, your approximate location derived from that IP address, your computer's name and device identifier, your application and operating system versions, your time zone, and the platform you selected. You agree that such records are accurate and admissible evidence that you accepted this Agreement, and you waive any objection to their admissibility on the grounds that they are electronic records or were generated automatically.

1.6 Eligibility. You represent and warrant that: (a) you are at least the age of majority in the jurisdiction where you reside, and in any event at least eighteen (18) years of age; (b) you have the full legal capacity to enter into a binding contract; (c) you are a practitioner, student practitioner or professional who is acquiring the Brett App for professional, educational or business purposes, and not as a consumer for personal, family or household purposes, except to the limited extent that applicable law requires otherwise; (d) you are not barred from receiving or using the Brett App under the laws of any applicable jurisdiction; and (e) all information you provide to us is, and will remain, true, accurate, current and complete.

2. Definitions

In this Agreement, the following capitalized terms have the following meanings, and the singular includes the plural and vice versa:

3. License Grant

3.1 Limited license. Subject to your continuous and complete compliance with this Agreement, your payment of all applicable fees, and your maintaining an active, non-revoked Brett license as determined solely by the License Service, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, non-assignable and fully revocable license, for the term described in Section 15, to: (a) install and use the Application, in object code form only, on the number of computers authorized for your license; (b) generate, download and install one copy of each Plugin made available to you, in the single Third-Party AI Service account that you personally own and control; and (c) use the Brett App and its Output solely for your own internal professional and educational purposes in your own practice.

3.2 Personalized copies. Each Plugin is generated for, labelled with and associated with your email address and license. A Plugin is licensed only to you and only for use by you. The presence of your email address or other identifier in a Plugin's file name or contents is intended to identify the licensee and to deter and detect unauthorized distribution.

3.3 Reservation of rights. The Brett App is licensed, not sold. No title to or ownership of the Brett App, any copy of it, or any intellectual property right in it is transferred to you. All rights not expressly granted to you in this Agreement are reserved by the Company and its licensors, including Brett Hawes. No license or right is granted by implication, estoppel or otherwise.

3.4 Fees. A Brett purchase consists of a one-time license fee and a maintenance plan, which is a yearly subscription for Updates (see Section 9.7); your first year of the maintenance plan is charged together with the license fee. Fees are governed by the terms presented at the time of purchase, and payments are processed by our payment processor. Except where applicable law requires otherwise, all fees are non-refundable, including where your license is suspended or terminated for breach of this Agreement. Your license does not include, and you are solely responsible for, any fee, subscription or charge required by any Third-Party AI Service.

4. Restrictions

You must not, and must not permit, assist, enable or encourage any other person to, directly or indirectly:

5. Educational and Professional Support Only; Not Medical Advice

5.1 Purpose. THE BRETT APP AND ALL OF ITS CONTENT AND OUTPUT ARE PROVIDED FOR EDUCATIONAL AND PROFESSIONAL SUPPORT PURPOSES ONLY. THEY ARE INTENDED SOLELY TO SUPPORT, AND NOT TO REPLACE, THE INDEPENDENT KNOWLEDGE, TRAINING, SKILL, EXPERIENCE AND PROFESSIONAL JUDGMENT OF A QUALIFIED PRACTITIONER.

5.2 Not medical advice. NOTHING IN THE BRETT APP IS, OR IS INTENDED TO BE, MEDICAL ADVICE, A MEDICAL OPINION, A DIAGNOSIS, A TREATMENT PLAN, A PRESCRIPTION, OR A SUBSTITUTE FOR THE ADVICE, DIAGNOSIS OR TREATMENT OF A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER. THE BRETT APP DOES NOT DIAGNOSE, TREAT, CURE, MITIGATE OR PREVENT ANY DISEASE, DISORDER OR CONDITION. Statements regarding supplements, foods, diets, laboratory tests, products and protocols have not been evaluated by the United States Food and Drug Administration, Health Canada or any other regulatory authority. Functional laboratory tests referred to in the Brett App may be non-diagnostic.

5.3 No practitioner-client or provider-patient relationship. Your use of the Brett App does not create any physician-patient, practitioner-client, provider-patient, fiduciary, advisory, employment, agency, partnership or other special relationship between you, any Client, or any other person, on the one hand, and any Brett Party, on the other hand. No Brett Party owes any duty of care to you or to any Client in connection with the Brett App or its Output.

5.4 Practitioners remain responsible for client care. YOU, AND YOU ALONE, REMAIN FULLY AND SOLELY RESPONSIBLE FOR ALL ASPECTS OF THE CARE, SERVICES, ADVICE, EDUCATION AND MATERIALS YOU PROVIDE TO EVERY CLIENT, including without limitation: assessing each Client; obtaining informed consent; determining whether any recommendation, product, supplement, dose, diet, test, protocol or intervention is appropriate, safe and lawful for that Client; screening for contraindications, allergies, drug interactions, pregnancy, breastfeeding, age-related concerns, medical conditions and medications; recognizing urgent or emergency situations and directing Clients to emergency care; referring Clients to physicians and other appropriate providers; independently verifying every fact, figure, dose, product name, brand, price, supplier, test, reference range and interpretation before relying on or communicating it; and complying with every law, regulation, licence condition, scope of practice, professional standard, code of conduct and insurance requirement that applies to you.

5.5 Scope of practice. You are solely responsible for determining whether your use of the Brett App, and every action you take based on any Output, is within your lawful scope of practice in every jurisdiction where you practise or where your Clients are located. You must not use the Brett App to engage in any activity that requires a licence, registration or authorization that you do not hold.

5.6 Emergencies. The Brett App is not designed or intended for use in emergencies or in any situation requiring urgent medical attention. If you or any Client may be experiencing a medical emergency, contact emergency services immediately.

5.7 Client materials. If you share any Output, including any handout, with any Client, you do so entirely at your own risk and under your own professional responsibility. You must review, edit and approve every such material before sharing it, and you must not represent it as having been reviewed, written or approved by Brett Hawes or by any other Brett Party.

6. Artificial Intelligence, Output and Third-Party AI Services

6.1 Nature of AI Output. You acknowledge and understand that Output is generated by Third-Party AI Services using probabilistic machine learning models, that such models can and do produce output that is inaccurate, incomplete, outdated, misleading, offensive, biased, fabricated (including fabricated citations, studies, products, doses or facts), internally inconsistent, or inappropriate for a particular person or situation, and that Output may differ each time, even for identical input. Output may not reflect the actual views, methods or recommendations of Brett Hawes or of any course, even where it is presented in his style or voice.

6.2 Your duty to review. You must critically review, independently verify and exercise your own professional judgment regarding every Output before relying on it, acting on it, or sharing it. You assume all risk arising from your reliance on any Output.

6.3 Third-Party AI Services are not ours. The Third-Party AI Services are owned and operated by third parties that are not affiliated with, controlled by, or endorsed by the Company, and the Company does not endorse them. Claude and Anthropic, and ChatGPT and OpenAI, and their logos, are trademarks of their respective owners, used only to identify compatibility. Your use of any Third-Party AI Service is governed exclusively by the terms, policies, pricing and practices of its provider, which you are solely responsible for reviewing, accepting and complying with. The Brett Parties have no control over, and no responsibility or liability for, the availability, functionality, accuracy, security, privacy practices, data retention, data use (including any use of your inputs for model training), pricing, plan limits, features or terms of any Third-Party AI Service, or any change, suspension or discontinuation of any of them.

6.4 Subscriptions. Regular use of a Plugin may require a paid subscription to the relevant Third-Party AI Service. A free plan may allow only limited use, may not support Plugins at all, or may change at any time. The Company does not guarantee that any Plugin will work with any particular plan, version, model, platform or feature of any Third-Party AI Service, now or in the future.

6.5 What you enter. You are solely responsible for all content, files, documents, laboratory results, intake forms, images and information that you upload, paste, enter or otherwise provide to any Third-Party AI Service ("Inputs"), and for ensuring that you have every right, consent and legal basis required to do so. The Company does not receive, see, store or process your Inputs or Output, which are handled by the Third-Party AI Service under its own terms.

7. Client Privacy and Health Information

7.1 Your compliance obligations. You are solely responsible for complying with all privacy, data protection, health information, confidentiality, consumer protection and data security laws, regulations and professional obligations that apply to you and to your Clients' information, which may include, depending on your circumstances and location, the United States Health Insurance Portability and Accountability Act of 1996 and its regulations (HIPAA), state health and consumer privacy laws, Canada's Personal Information Protection and Electronic Documents Act (PIPEDA), provincial health information statutes (for example, Ontario's Personal Health Information Protection Act), Quebec's Act respecting the protection of personal information in the private sector as amended by Law 25, the European Union General Data Protection Regulation (EU GDPR), the United Kingdom GDPR and Data Protection Act 2018, and the Australian Privacy Act 1988.

7.2 De-identification. You agree not to enter any Client's name, contact details, government identifiers, insurance identifiers, dates of birth, images of the face or any other directly identifying information into any Third-Party AI Service unless you have independently determined that doing so is lawful and you have obtained all consents and contractual protections (such as any business associate agreement or data processing agreement) that are required. You acknowledge that the Company is not your business associate, service provider, processor or sub-processor for any Client information, and you agree not to provide any Client information to the Company.

8. Intellectual Property

8.1 Ownership. The Brett App, including the Application, every Plugin, all Content, all Documentation, all Updates, and all copyrights, trademarks, trade names, trade dress, trade secrets, know-how, database rights, moral rights and other intellectual property and proprietary rights in any of them, anywhere in the world, are and will remain the exclusive property of the Company, Brett Hawes and their respective licensors. The Content embodies valuable confidential information and trade secrets, and you agree to protect it with at least the degree of care you use to protect your own most sensitive confidential information, and in no event less than reasonable care.

8.2 Trademarks. "the Brett App," the name and likeness of Brett Hawes, and all related names, logos, product and service names, designs and slogans are trademarks or personality rights of the Company, Brett Hawes or their licensors. You must not use them without our prior written permission.

8.3 Feedback. If you provide any suggestion, comment, idea, improvement or other feedback about the Brett App ("Feedback"), you grant the Company and Brett Hawes a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable and sublicensable right to use, disclose, reproduce, modify and exploit that Feedback for any purpose without compensation or attribution to you, and you waive any moral rights in it.

8.4 Your Output. As between you and the Company, and subject to this Agreement and to the terms of the relevant Third-Party AI Service, you may use the Output you generate for your own professional purposes in your own practice, but no Brett Party represents or warrants that any Output is original, protectable, non-infringing or owned by you, and Output that reproduces Content remains subject to Section 4.

9. Updates, License Checks and Device Rules

9.1 Automatic Updates. You acknowledge and agree that the Application may, without further notice to you or consent from you, automatically check for, download and install Updates when it is opened and from time to time while it is running, and that it may require you to install an Update in order to continue using the Brett App. We may set a minimum version of the Application from time to time; a copy older than that minimum stops working until you install the latest version, which you can download at https://askbrett.app/download. The minimum-version rule does not apply to a license whose maintenance plan has ended, which keeps working with the version described in Section 9.7. You must not prevent, block or delay the installation of Updates. You consent to the automatic delivery and installation of Updates. Updates may add, change or remove features, and they are governed by this Agreement unless they are accompanied by separate terms that we tell you apply.

9.2 License checks and internet connection. You acknowledge and agree that the Application contacts the License Service when it is opened, before it answers a Third-Party AI Service when its last check is more than fifteen (15) minutes old, at least every fifteen (15) minutes while it is open, after your computer wakes from sleep, and at other times, to verify that your license is valid. The Brett App requires an active internet connection. The Application may stop working, sign you out or lock if it cannot verify your license, if it has not reached the License Service within the period we set (currently about twenty (20) minutes), if its version is older than the minimum we set, or if your license has expired, been suspended or been revoked. The keys that unlock the Content are kept only in your computer's memory while the Application is running and verified.

9.3 Device and location rules. Your license may be limited to a specific number of computers and to a specific city, region or country, as recorded for your license. The License Service may refuse to register, or may deregister, any computer that would exceed those limits.

9.4 One AI app and one AI account. Your license works in one Third-Party AI Service, either Claude (through the Claude Desktop app) or ChatGPT (through the ChatGPT desktop app), and with one account in that service. Your license is activated for the service you choose in the Brett App or the Brett installer (or, if you don't choose, the first one that uses the Brett App) and for the account that service's app on your computer is signed in to when the Brett App first checks it. To check this, the Brett App reads, on your computer: which app started it, from that app's code signature; and the identifier of the account that app is signed in to (for Claude, the account ID that Claude Desktop stores; for ChatGPT, the user and workspace identifiers that the ChatGPT app stores, which the Brett App reads only after you allow it to read the ChatGPT app's settings folder). The Brett App does not read your sign-in credentials or the conversations stored by that app. It stops answering if it is started by any other program or by the other Third-Party AI Service, or if the service is signed in to a different account. Only we can move your license to the other Third-Party AI Service or change the account linked to it.

9.5 Fair use and usage monitoring. The Brett App is licensed for use in your own practice, at a level and in a manner consistent with an individual practitioner's normal professional use. We set fair-use rules from time to time, which may include the amount of Content requested in an hour, a day or a week; the number of different reference files opened; the number of computers or locations used; the number of requests the Brett App refuses; and requests that appear intended to copy, export or reproduce Content (see Section 4(c)). The License Service compares your usage records with those rules. If your use appears to go beyond fair use, the Brett App may show you a warning and continue to work. If use of that level or kind continues after a warning, your license may be suspended, without further notice, until we review it, and we may revoke your license for abuse. We may also suspend or revoke a license at any time, with or without a prior warning, where we reasonably believe it has been misused. Whether use goes beyond fair use, and whether to clear a warning, lift a suspension or revoke a license, is decided by us in our sole discretion. If you have questions about a warning or suspension, contact us at hello@askbrett.app.

9.6 No obligation. Except as described in Section 9.7 while your maintenance plan is active, the Company has no obligation to provide any Update, support, maintenance, compatibility with any operating system or Third-Party AI Service, or continued availability of any feature, Plugin or Content.

9.7 Maintenance plan. While your maintenance plan is active, you receive Updates, including new versions of the Application and new and updated Content, as we release them. The maintenance plan renews automatically each year, and you authorize us and our payment processor to charge your payment method for each renewal at the price presented at the time of purchase, unless we notify you of a new price before the renewal. The maintenance plan is optional: you may cancel it at any time by emailing hello@askbrett.app or by any other cancellation method we make available, and cancelling stops future renewals. If you cancel, or a renewal payment is not made, your maintenance plan ends when the period you have paid for ends. After that, your license continues and the Application keeps working with the latest version released to you while your maintenance plan was active, but you will not receive further Updates, and newer versions of the Application and newer Content will not work with your license. Ending your maintenance plan does not end your license, which continues on the terms of this Agreement.

10. Your Account and Security

You are responsible for maintaining the security and confidentiality of your email account, your sign-in links, your computers and your Third-Party AI Service accounts, and for all activity that occurs under your license, whether or not authorized by you. You must notify us immediately at hello@askbrett.app if you become aware of any unauthorized use of your license or any Plugin. We may suspend or revoke any license or session that we reasonably believe has been compromised, shared or misused.

11. No Guarantees, No Claims, and Disclaimer of Warranties

11.1 No guarantees or claims. THE BRETT PARTIES MAKE NO GUARANTEES, PROMISES, CLAIMS OR REPRESENTATIONS OF ANY KIND REGARDING ANY RESULT, OUTCOME, BENEFIT, IMPROVEMENT, HEALTH OUTCOME, CLIENT OUTCOME, CLIENT SATISFACTION, BUSINESS RESULT, REVENUE, INCOME, PROFIT, SAVINGS, TIME SAVED, CERTIFICATION, PROFESSIONAL STANDING OR OTHER EFFECT THAT YOU OR ANY CLIENT MAY OBTAIN FROM USING THE BRETT APP OR ANY OUTPUT. ANY TESTIMONIAL, CASE STUDY OR EXAMPLE IS ILLUSTRATIVE ONLY AND IS NOT A PROMISE OR PREDICTION OF ANY RESULT.

11.2 "As is" and "as available." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BRETT APP, ALL CONTENT, ALL OUTPUT, ALL UPDATES AND ALL RELATED SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS," WITHOUT ANY WARRANTY, CONDITION, REPRESENTATION OR GUARANTEE OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, COLLATERAL OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH THE BRETT PARTIES EXPRESSLY DISCLAIM, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, AVAILABILITY, SECURITY, COMPATIBILITY, OR FREEDOM FROM ERRORS, VIRUSES OR HARMFUL COMPONENTS.

11.3 Specific disclaimers. Without limiting Section 11.2, no Brett Party warrants that: the Brett App will meet your requirements or expectations; any Content or Output is accurate, complete, current, evidence-based, safe, effective, or suitable for any Client; any product, supplement, brand, supplier, laboratory, test or price mentioned is available, approved, safe, lawful or accurately described in your jurisdiction; the Brett App will operate without interruption, delay or error, or will be compatible with any computer, operating system, Third-Party AI Service or plan; or any defect will be corrected.

11.4 Jurisdictional limits. Some jurisdictions do not allow the exclusion of certain warranties or conditions. In those jurisdictions, the exclusions in this Section 11 apply to the fullest extent permitted by law, and any warranty or condition that cannot lawfully be excluded is limited in duration to thirty (30) days from the date you first obtained the Brett App, or the shortest period permitted by law, and in scope to the remedy described in Section 13.3.

12. You Take Full Responsibility; Assumption of Risk; Release

12.1 Full responsibility. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU USE THE BRETT APP AND EVERY OUTPUT ENTIRELY AT YOUR OWN SOLE RISK, AND THAT YOU TAKE FULL AND SOLE RESPONSIBILITY FOR EVERYTHING ARISING FROM OR RELATED TO YOUR USE OF THE BRETT APP, INCLUDING EVERY DECISION YOU MAKE, EVERY ACTION YOU TAKE OR FAIL TO TAKE, EVERY RECOMMENDATION, PRODUCT, PROTOCOL OR MATERIAL YOU PROVIDE TO ANY CLIENT, AND EVERY CONSEQUENCE AND OUTCOME THAT FOLLOWS, WHETHER FORESEEABLE OR NOT.

12.2 Assumption of risk. You voluntarily assume all risks, known and unknown, foreseen and unforeseen, of personal injury, illness, death, property damage, financial loss, professional discipline, regulatory action, loss of licence, loss of insurance coverage, reputational harm and every other harm or loss to you, to any Client or to any other person that may arise from or relate to the Brett App or any Output.

12.3 Release. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE EACH OF THE BRETT PARTIES, INCLUDING BRETT HAWES, FROM AND FOR ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES, DAMAGES AND LOSSES OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING FROM OR RELATING TO THE BRETT APP, ANY CONTENT, ANY OUTPUT, ANY THIRD-PARTY AI SERVICE, OR YOUR CARE OF ANY CLIENT, INCLUDING CLAIMS BASED ON NEGLIGENCE. If you are a resident of California, you expressly waive the benefit of California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You also waive the benefit of any similar statute, rule or doctrine of any other jurisdiction.

13. Limitation of Liability

13.1 Exclusion of damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY BRETT PARTY BE LIABLE TO YOU, TO ANY CLIENT OR TO ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, AGGRAVATED OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, INCOME, BUSINESS, GOODWILL, REPUTATION, CLIENTS, DATA, USE OR OPPORTUNITY, OR FOR ANY COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY PERSONAL INJURY, ILLNESS, DEATH OR HARM TO ANY CLIENT ARISING FROM CLIENT CARE, IN EACH CASE ARISING FROM OR RELATING TO THIS AGREEMENT, THE BRETT APP, ANY CONTENT, ANY OUTPUT OR ANY THIRD-PARTY AI SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE TO THE EXTENT PERMITTED BY LAW), STRICT LIABILITY, PRODUCT LIABILITY, MISREPRESENTATION, STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13.2 Cap. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ALL BRETT PARTIES, COLLECTIVELY, FOR ALL CLAIMS OF EVERY KIND ARISING FROM OR RELATING TO THIS AGREEMENT OR THE BRETT APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID TO THE COMPANY FOR THE BRETT APP IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM, AND (B) ONE HUNDRED UNITED STATES DOLLARS (US$100).

13.3 Exclusive remedy. If you are dissatisfied with the Brett App or with any term of this Agreement, your sole and exclusive remedy is to stop using the Brett App and delete every copy of the Application and of every Plugin.

13.4 Basis of the bargain. You acknowledge that the disclaimers, release, indemnity and limitations in this Agreement are fundamental elements of the bargain between you and the Company, that they reflect a reasonable and fair allocation of risk, and that the Company would not make the Brett App available to you, and Brett Hawes would not permit the use of his name and teachings, without them.

13.5 Non-excludable liability. Nothing in this Agreement excludes or limits any liability that cannot lawfully be excluded or limited, such as liability for fraud, or, in certain jurisdictions, liability for death or personal injury caused by negligence. In such jurisdictions, liability is limited to the fullest extent permitted by law.

14. Indemnification

14.1 Your indemnity. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS EACH AND EVERY ONE OF THE BRETT PARTIES, EXPRESSLY INCLUDING Parker Management, Inc., BRETT HAWES, AND EVERY ASSOCIATE, OWNER, DIRECTOR, OFFICER, EMPLOYEE, WORKER, CONTRACTOR, SUBCONTRACTOR, CONSULTANT, AGENT, LICENSOR AND REPRESENTATIVE OF ANY OF THEM, from and against any and all claims, demands, complaints, suits, actions, proceedings, arbitrations, investigations, regulatory or disciplinary proceedings, judgments, awards, settlements, fines, penalties, damages, losses, liabilities, costs and expenses of every kind (including reasonable legal, expert and investigation fees and costs, on a full indemnity or solicitor-and-own-client basis where permitted), whether brought by you, any Client, any regulator, any professional body, any insurer, any Third-Party AI Service provider or any other person, that arise from or relate in any way to:

14.2 Procedure. The Company may assume the exclusive defence and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate fully with that defence. You must not settle any such matter in any manner that imposes any obligation on, or admits any fault of, any Brett Party without the Company's prior written consent. This indemnity is in addition to, and not in lieu of, any other rights or remedies of the Brett Parties, and it survives the termination or expiry of this Agreement.

15. Term, Suspension and Termination

15.1 Term. This Agreement starts when you first accept it and continues until terminated.

15.2 Automatic termination. Your license to use the Brett App ends automatically and immediately, without notice, if your Brett license expires, is suspended or is revoked, or if you breach any provision of this Agreement. Cancelling or not renewing your maintenance plan does not end your license; it ends only your right to receive Updates, as described in Section 9.7.

15.3 Termination by us. We may suspend or terminate your license and access to the Brett App, in whole or in part, at any time, with or without cause and with or without notice, including if we reasonably suspect unauthorized sharing or misuse, if your use goes beyond fair use as described in Section 9.5, if required by law, or if we discontinue the Brett App. While your license is suspended, the Brett App does not work.

15.4 Effect. Upon any termination or expiry, all licenses granted to you end immediately; you must immediately stop using the Brett App, uninstall the Application, remove every Plugin from every Third-Party AI Service account and from every computer (including any Brett commands the Brett installer added to the ChatGPT app's skills folder), and permanently delete every copy of every Plugin and all Content in your possession or control; and, at our request, you must certify in writing that you have done so. Sections 1.4, 1.5, 2, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15.4 and 16 through 26, and any other provision that by its nature should survive, survive termination or expiry.

16. Changes to this Agreement

We may amend, supplement or replace this Agreement from time to time. When we do, we will update the version number and effective date, and we may present the updated Agreement to you in the Application, by email or by other reasonable means, and we may require you to accept it in order to continue using the Brett App. Unless applicable law requires otherwise, the updated Agreement takes effect when it is presented to you or, if later, on the effective date it states, and your continued use of the Brett App after that time constitutes your acceptance of it. If you do not agree to an updated Agreement, you must stop using the Brett App.

17. Dispute Resolution; Binding Arbitration; Class Action and Jury Waiver

17.1 Informal resolution first. Before starting any arbitration or court proceeding, you agree to first contact us at hello@askbrett.app with a written description of your dispute and the relief you seek, and to negotiate in good faith for at least sixty (60) days to try to resolve it informally.

17.2 Binding arbitration. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, any dispute, claim or controversy arising from or relating to this Agreement or the Brett App, including its formation, interpretation, scope, validity, enforceability or breach, and including the arbitrability of any dispute, that is not resolved informally will be finally resolved by confidential, binding arbitration before a single arbitrator, administered in accordance with the rules of a recognized arbitration institution selected by the Company that has a presence in the State of Wyoming, United States of America, and seated in Park County, Wyoming. The arbitrator may award only individual relief, and judgment on the award may be entered in any court of competent jurisdiction. Either party may, however, bring an individual claim in a small claims court of competent jurisdiction, and the Company may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information or the integrity of the License Service. This Section 17 and any arbitration under it are governed by the United States Federal Arbitration Act, 9 U.S.C. § 1 et seq., and, to the extent not inconsistent with it, the Wyoming Uniform Arbitration Act.

17.3 Class action waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH AGREE THAT ANY PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL PROCEEDING.

17.4 Jury waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.

17.5 Opt-out. You may opt out of Section 17.2 (arbitration) by sending written notice to hello@askbrett.app within thirty (30) days after you first accept this Agreement, stating your name, the email address on your license and your decision to opt out. Opting out does not affect any other provision of this Agreement.

17.6 Time limit. To the fullest extent permitted by applicable law, any claim arising from or relating to this Agreement or the Brett App must be commenced within one (1) year after the claim arose, or it is permanently barred.

17.7 Where arbitration is not permitted. If applicable law prohibits the arbitration of a particular dispute, or if Section 17.2 is found unenforceable as to a dispute, that dispute will be resolved exclusively in the state courts located in Park County, Wyoming or the United States District Court for the District of Wyoming, and you irrevocably submit to the personal jurisdiction of those courts and waive any objection based on venue or forum non conveniens.

18. Governing Law

This Agreement and every dispute arising from or relating to it or to the Brett App are governed by and interpreted in accordance with the laws of the State of Wyoming, United States of America, without giving effect to any choice-of-law or conflict-of-laws rule that would cause the laws of any other jurisdiction to apply. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act, in any form, do not apply to this Agreement.

19. Consumer Protection and Mandatory Law

Nothing in this Agreement is intended to exclude, restrict or modify any right or remedy that you have under any mandatory consumer protection or other law of your jurisdiction that cannot lawfully be excluded, restricted or modified by contract. If any such law applies to you, this Agreement is to be read so that it complies with that law, and each disclaimer, release, limitation, indemnity, arbitration provision and waiver applies only to the fullest extent that law permits. If you are a resident of Quebec, certain provisions of this Agreement, including Sections 11, 12, 13 and 17, may not apply to you to the extent that they are inconsistent with the Civil Code of Québec or the Consumer Protection Act (Quebec).

20. Export Control and Sanctions

You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive sanctions, and that you are not named on, or owned or controlled by any person named on, any government list of prohibited or restricted parties. You must comply with all applicable export control and sanctions laws in connection with the Brett App.

21. Force Majeure

No Brett Party is liable for any delay, failure or interruption in performance caused by any event beyond its reasonable control, including any act of God, natural disaster, epidemic, pandemic, war, terrorism, civil unrest, labour dispute, governmental action, failure or change of any Third-Party AI Service, internet, hosting, telecommunications or power failure, cyberattack or failure of any supplier.

22. Notices

We may give you notice by email to the address associated with your license, through the Application, or by any other reasonable means, and such notice is effective when sent or displayed. You must give notice to us by email to hello@askbrett.app, with a copy by mail to Parker Management, Inc., 1823 Stampede Ave, STE A, Cody, WY 82414, United States for any notice of breach, dispute or legal claim.

23. Assignment

You may not assign, delegate or transfer this Agreement or any right or obligation under it, by operation of law or otherwise, without our prior written consent, and any attempt to do so is void. We may assign, delegate or transfer this Agreement, in whole or in part, without your consent and without notice, including in connection with any merger, acquisition, reorganization or sale of assets.

24. Third-Party Beneficiaries

Each Brett Party, including Brett Hawes, is an express and intended third-party beneficiary of Sections 5, 6, 11, 12, 13, 14 and 17 of this Agreement and is entitled to enforce them directly against you as if it were a party to this Agreement. Except as stated in this Section, nothing in this Agreement confers any right or remedy on any other person. The Company and you may amend or terminate this Agreement without the consent of any third-party beneficiary.

25. Equitable Relief

You acknowledge that any unauthorized copying, sharing, distribution or use of any Plugin or Content, or any other breach of Sections 4 or 8, would cause the Company and Brett Hawes irreparable harm for which monetary damages would be an inadequate remedy, and that the Company and Brett Hawes are entitled to seek injunctive relief, specific performance and other equitable relief, without posting a bond or other security and without proof of actual damages, in addition to every other remedy available at law or in equity. You agree to pay all costs and reasonable legal fees that the Company or Brett Hawes incurs in enforcing Sections 4 or 8.

26. General Provisions

26.1 Entire agreement. This Agreement, including the Privacy Policy and any purchase terms, is the entire agreement between you and the Company about the Brett App and supersedes all prior and contemporaneous agreements, proposals, representations, communications and understandings, whether written or oral. You confirm that you have not relied on any statement, promise or representation not expressly set out in this Agreement.

26.2 Severability. If any provision of this Agreement is held invalid, illegal or unenforceable in any jurisdiction, that provision will be enforced to the maximum extent permissible, and modified to the minimum extent necessary, so as to give effect to the intent of the parties, and the remaining provisions will continue in full force and effect. The invalidity of any provision in one jurisdiction does not affect its validity in any other jurisdiction.

26.3 No waiver. No failure or delay by the Company in exercising any right or remedy operates as a waiver of it, and no single or partial exercise of any right or remedy precludes any further exercise of it or of any other right or remedy. Any waiver must be in writing and signed by an authorized representative of the Company.

26.4 Relationship. You and the Company are independent contracting parties. Nothing in this Agreement creates any partnership, joint venture, employment, franchise, agency or fiduciary relationship.

26.5 Interpretation. Headings are for convenience only and do not affect interpretation. The words "include," "includes" and "including" are deemed to be followed by "without limitation." The word "or" is not exclusive. Any rule of construction that ambiguities are to be resolved against the drafting party does not apply. References to laws include those laws as amended or replaced.

26.6 Language. This Agreement is written in English, and the English version governs. If you are located in Quebec, you and the Company confirm that it is your express wish that this Agreement and all related documents be drawn up in English. Vous et la Société confirmez votre volonté expresse que la présente convention et tous les documents qui s'y rattachent soient rédigés en anglais.

26.7 Contact. Questions about this Agreement may be sent to hello@askbrett.app or by mail to Parker Management, Inc., 1823 Stampede Ave, STE A, Cody, WY 82414, United States. Product information is available at askbrett.app.

27. Acknowledgment and Acceptance

BY CHECKING THE BOX AND CLICKING "GENERATE MY PLUGIN," OR BY SIGNING IN TO, DOWNLOADING, INSTALLING OR USING THE BRETT APP, YOU CONFIRM THAT: (A) YOU HAVE READ THIS ENTIRE AGREEMENT AND THE PRIVACY POLICY; (B) YOU UNDERSTAND THEM, INCLUDING THE RELEASE, INDEMNITY, DISCLAIMERS, LIMITATIONS OF LIABILITY, ARBITRATION PROVISION AND CLASS ACTION AND JURY WAIVERS; (C) YOU HAVE HAD THE OPPORTUNITY TO OBTAIN INDEPENDENT LEGAL ADVICE; (D) YOU UNDERSTAND THAT THE BRETT APP IS FOR EDUCATIONAL AND PROFESSIONAL SUPPORT ONLY, IS NOT MEDICAL ADVICE, AND THAT YOU REMAIN RESPONSIBLE FOR CLIENT CARE; (E) YOU TAKE FULL RESPONSIBILITY FOR YOUR USE OF THE BRETT APP AND EVERYTHING THAT RESULTS FROM IT; AND (F) YOU AGREE, FREELY AND VOLUNTARILY, TO BE LEGALLY BOUND BY THIS AGREEMENT.