Terms of Use

Last Updated: March 1, 2025

AFFIDAVIT MASTER TERMS OF USE

Last Updated: March 1, 2025

These Terms of Use ("Terms") constitute a legally binding agreement between Affidavit Master LLC, a Texas limited liability company ("Affidavit Master," "we," "us," or "our") and you ("Customer," "you," or "your") governing your access to and use of our subscription-based affidavit drafting service for immigration waivers, which includes our website, software, and related services (collectively, the "Services").

BY ACCESSING OR USING OUR SERVICES, CREATING AN ACCOUNT, OR CLICKING "I AGREE," YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS.

1. SERVICES

1.1 Description of Services

Affidavit Master is an AI-powered, subscription-based affidavit drafting tool specifically designed for immigration waivers. While the Services utilize OpenAI's language models, Affidavit Master has customized them with fine-tuned legal knowledge, structured input fields, and automation tailored to immigration law. The Services are designed to help produce affidavits aligned with real cases successfully approved by immigration authorities. The Services are intended for use by licensed attorneys or legal professionals authorized to practice law.

1.2 License to Use Services

Subject to your compliance with these Terms and payment of applicable fees, Affidavit Master grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services during your subscription term solely for your own professional or personal use.

1.3 Account Responsibilities

You must provide accurate and up-to-date account information when registering to use the Services. You must be at least 16 years old to register for an account. The Services are intended for use by licensed attorneys or legal professionals authorized to practice law. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, including the activities of any end user who is provisioned with an account under your account or who accesses the Services through your account. You may not share individual login credentials between multiple users, resell, or lease access to your account or any user account.

1.4 Third-Party Services

The Services may integrate with or provide access to third-party services, applications, or content ("Third-Party Services"). Your use of such Third-Party Services is subject to the terms and conditions of those Third-Party Services. Affidavit Master does not endorse and is not responsible for any Third-Party Services, and your use of them is at your own risk.

2. RESTRICTIONS

You agree not to, and will not permit any end user to:

3. CONTENT

3.1 Customer Content

You may provide input to the Services ("Input"), and receive output from the Services based on the Input ("Output"). Input and Output together are referred to as "Customer Content." As between you and Affidavit Master, and to the extent permitted by applicable law, you (a) retain all ownership rights in Input and (b) own all Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.

3.2 Our Obligations for Customer Content

We will process and store Customer Content in accordance with our privacy commitments. We will only use Customer Content as necessary to provide you with the Services, comply with applicable law, and enforce our policies. We will not use Customer Content to develop or improve the Services except as explicitly permitted in our Privacy Policy.

3.3 Your Obligations for Customer Content

You are responsible for all Input and represent and warrant that you have all rights, licenses, and permissions required to provide Input to the Services. You are solely responsible for all use of the Outputs and evaluating the Output for accuracy and appropriateness for your use case, including by utilizing human review as appropriate. You must review and verify all Outputs before use in any legal matter. You acknowledge that our Services are tools to assist you and are not a substitute for professional legal advice. You will be solely responsible for any missed deadlines or untimely filings related to your use of the Services.

3.4 Similarity of Output

You acknowledge that due to the nature of our Services and artificial intelligence generally, Output may not be unique, and other users may receive similar content from our Services. Responses that are requested by and generated for other users are not considered your Output. Our assignment of Output above does not extend to other users' output or any content delivered as part of a Third-Party Service.

4. INTELLECTUAL PROPERTY

4.1 Ownership of Services

Affidavit Master and its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein. Except for the limited license granted in Section 1.2, no right, title, or interest in or to the Services is transferred to you, and all rights not expressly granted are reserved by Affidavit Master and its licensors.

4.2 Feedback

If you provide Affidavit Master with any suggestions, comments, or feedback regarding the Services ("Feedback"), you grant Affidavit Master a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, create derivative works from, distribute, and display such Feedback for any purpose without restriction or compensation.

5. CONFIDENTIALITY

5.1 Confidential Information

"Confidential Information" means any business, technical, or financial information, materials, or other subject matter disclosed by one party ("Discloser") to the other party ("Recipient") that is identified as confidential at the time of disclosure or should be reasonably understood by Recipient to be confidential under the circumstances. For the avoidance of doubt, Confidential Information includes Customer Content.

5.2 Use and Nondisclosure

Recipient agrees it will: (a) only use Discloser's Confidential Information to exercise its rights and fulfill its obligations under these Terms, (b) take reasonable measures to protect the Confidential Information, and (c) not disclose the Confidential Information to any third party except as expressly permitted in these Terms.

5.3 Exceptions

The obligations in Section 5.2 do not apply to any information that (a) is or becomes generally available to the public through no fault of Recipient, (b) was in Recipient's possession or known by it prior to receipt from Discloser, (c) was rightfully disclosed to Recipient without restriction by a third party, or (d) was independently developed without use of Discloser's Confidential Information. Recipient may disclose Confidential Information to the extent required by law, provided that Recipient uses reasonable efforts to notify Discloser in advance.

6. PRIVACY AND SECURITY

6.1 Privacy Policy

Your use of the Services is subject to our Privacy Policy, which is incorporated by reference into these Terms. Our Privacy Policy describes how we collect, use, and disclose information about you when you use our Services.

6.2 Security Measures

We implement and maintain reasonable administrative, physical, and technical security measures designed to protect the Services and Customer Content against unauthorized access, disclosure, alteration, or destruction. However, no security system is impenetrable, and we cannot guarantee the security of the Services or Customer Content.

6.3 Personal Data

If you use the Services to process personal data, you must (a) provide legally adequate privacy notices and obtain necessary consents for the processing of personal data by the Services, (b) process personal data in accordance with applicable law, and (c) if processing "personal data" or "Personal Information" as defined under applicable data protection laws, execute our Data Processing Addendum by contacting us at privacy@affidavitmaster.com.

6.4 HIPAA

You agree not to use the Services to create, receive, maintain, transmit, or otherwise process any information that includes or constitutes "Protected Health Information," as defined under the HIPAA Privacy Rule (45 C.F.R. Section 160.103).

7. PAYMENT TERMS

7.1 Fees

You agree to pay all fees for your subscription to the Services ("Fees") according to the prices and terms on our pricing page or as otherwise stated in an order form executed by you and Affidavit Master. All Fees are in U.S. dollars and are due upon invoice issuance, unless otherwise agreed. Payments are nonrefundable except as expressly provided in these Terms.

7.2 Subscription Plans

We offer various subscription plans for the Services. The features and limitations of each plan are described on our pricing page. We reserve the right to modify our subscription plans and pricing at any time, provided that price changes will be effective for you only at the end of your then-current subscription term. Affidavits may be generated only while a subscription is active. This means that if, at the end of a given month, you have a remaining balance of unused affidavits, you may carry them over to the next month only if your subscription remains active. If your subscription is canceled, you will not be able to use any unused affidavits unless and until the subscription is reactivated. This rollover of unused affidavits expires 365 days after the original subscription start date. The free trial period (Free Trial) of five (5) days includes a maximum of five (5) affidavits.

7.3 Automatic Renewal

Unless you opt out of automatic renewal by changing your account settings or notifying us at info@affidavitmaster.com, your subscription will automatically renew at the end of each subscription term at the then-current rates, and you authorize us to charge your payment method for the renewal term.

7.4 Taxes

Fees are exclusive of taxes, which we will charge as required by applicable law in connection with the Services. We will use the name and address in your account as the place of supply for tax purposes.

7.5 Late Payments

If you do not pay Fees when due, we may (a) charge interest on overdue amounts at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full, and/or (b) suspend your access to the Services after providing written notice of late payment.

8. TERM AND TERMINATION

8.1 Term

These Terms will commence when you first access or use the Services and will remain in effect until terminated pursuant to this Section 8.

8.2 Termination

You may terminate these Terms at any time by canceling your subscription and ceasing all use of the Services. We may terminate these Terms or suspend your access to the Services at any time for any reason without liability to you, including if: (a) you breach any provision of these Terms; (b) you fail to pay any amounts due; (c) we are required to do so by law; (d) we believe your use of the Services poses a security risk or could harm us or any third party; or (e) we decide to cease providing the Services.

8.3 Effect of Termination

Upon termination of these Terms: (a) all licenses granted to you under these Terms will immediately terminate; (b) you must cease all use of the Services; and (c) you must pay all outstanding Fees. Sections 2, 3, 4, 5, 8.3, 9, 10, 11, 12, 13, 14, and 15 will survive any termination or expiration of these Terms.

8.4 Data Deletion

Upon termination of these Terms, we will delete all Customer Content from our systems within 30 days, unless we are legally required to retain it.

9. WARRANTIES AND DISCLAIMERS

9.1 Mutual Warranties

Each party represents and warrants that it has the legal power and authority to enter into these Terms.

9.2 Your Warranties

You represent and warrant that: (a) your Input and use of the Services will not violate any applicable law or regulation or any third-party rights; (b) you have obtained all necessary rights, consents, and permissions to provide any Input to the Services; and (c) you will use the Services only for lawful purposes and in accordance with these Terms.

9.3 Our Warranties

We warrant that the Services will perform materially in accordance with the documentation we provide. Your sole remedy and our sole liability for breach of this warranty will be for us to use commercially reasonable efforts to modify the Services to achieve the functionality described in the documentation. If we are unable to do so, either party may terminate these Terms, and we will refund any prepaid, unused Fees. While we strive to maintain the security and stability of the Services, we do not guarantee uninterrupted or error-free operation.

9.4 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. AFFIDAVIT MASTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AFFIDAVIT MASTER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS, OR THAT THE CONTENT, INCLUDING OUTPUT, WILL BE ACCURATE, COMPLETE, OR RELIABLE. THE SERVICES ARE NOT INTENDED TO REPLACE PROFESSIONAL LEGAL ADVICE, AND YOU ACKNOWLEDGE THAT AFFIDAVIT MASTER IS NOT ENGAGED IN THE PRACTICE OF LAW OR PROVIDING LEGAL SERVICES.

10. INDEMNIFICATION

10.1 By Affidavit Master

Affidavit Master will defend, indemnify, and hold you harmless from and against any third-party claim, suit, or proceeding alleging that your authorized use of the Services infringes or misappropriates such third party's intellectual property rights. This excludes claims to the extent arising from: (a) combination of the Services with products, services, or software not provided by Affidavit Master; (b) your modification of the Services; (c) your Input; (d) your failure to comply with these Terms or applicable laws; or (e) your continued use of infringing Services after being notified of the alleged infringement.

10.2 By You

You will defend, indemnify, and hold harmless Affidavit Master and its affiliates, directors, officers, employees, and agents from and against any third-party claims, suits, or proceedings arising out of or relating to: (a) your violation of these Terms; (b) your Input; (c) your use of the Services in a manner that infringes or violates the rights of any third party or violates any applicable law; or (d) your negligence or willful misconduct.

10.3 Indemnification Procedure

The indemnifying party's obligations under this Section 10 are conditioned on the indemnified party: (a) promptly notifying the indemnifying party in writing of the claim; (b) giving the indemnifying party sole control of the defense and settlement of the claim; and (c) providing the indemnifying party, at the indemnifying party's cost, all reasonable assistance in connection with the claim.

11. LIMITATION OF LIABILITY

11.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, LOSS OF USE OR DATA, OR INTERRUPTION OF BUSINESS, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH PARTY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE FEES PAID BY YOU TO AFFIDAVIT MASTER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11.3 Exceptions

THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 11 DO NOT APPLY TO: (A) A PARTY'S INDEMNIFICATION OBLIGATIONS; (B) A PARTY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD; (C) YOUR PAYMENT OBLIGATIONS; OR (D) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. COMPLIANCE WITH LAWS

12.1 Trade Controls

You must comply with all applicable trade laws, including sanctions and export control laws. The Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. The Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.

12.2 Legal Compliance

You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Services, including without limitation laws related to data privacy, international communications, and the transmission of technical or personal data.

13. DISPUTE RESOLUTION

13.1 Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Services will be governed by the laws of the State of Texas, without regard to its conflict of law principles.

13.2 Mandatory Arbitration

Except for the right of either party to apply to a court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, any dispute, controversy, or claim arising out of or relating to these Terms or the Services will be resolved by binding arbitration.

13.3 Arbitration Procedure

The arbitration will be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA), except as modified by these Terms. The arbitration will be held in Dallas, Texas, unless otherwise agreed. It will be conducted by a single arbitrator, and the arbitrator’s decision will be final and binding.

13.4 Class Action Waiver

YOU AND AFFIDAVIT MASTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims or preside over any form of class proceeding.

13.5 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court.

14. CHANGES TO TERMS

We may modify these Terms from time to time by posting the modified Terms on our website or by otherwise notifying you. If we make changes that materially modify your rights or obligations under these Terms, we will notify you by email or through the Services. If you continue to use the Services after the effective date of any modified Terms, you agree to be bound by them. If you do not agree, your only remedy is to stop using the Services.

15. MISCELLANEOUS

15.1 Entire Agreement

These Terms, along with the Privacy Policy and any referenced documents, constitute the entire agreement between you and Affidavit Master, superseding all prior agreements.

15.2 Relationship of the Parties

These Terms do not create any joint venture, partnership, employment, or agency relationship between the parties.

15.3 No Waiver

Failure by either party to enforce any provision will not be considered a waiver of future enforcement of that provision or any other.

15.4 Severability

If any provision is found to be unenforceable, the rest of the Terms will remain in effect.

15.5 Assignment

You may not assign your rights under these Terms without our prior written consent. We may freely assign our rights under these Terms.

15.6 Force Majeure

Neither party will be liable for delay or failure to perform due to causes beyond its reasonable control, such as natural disasters, war, terrorism, pandemics, or government actions.

15.7 Notices

We may send notices to you via email or through the Services. You may contact us at info@affidavitmaster.com.

15.8 No Third-Party Beneficiaries

These Terms are only between you and Affidavit Master and do not confer rights to any third party.

15.9 Interpretation

Headings are for convenience only and do not affect the interpretation of these Terms.

15.10 Survival

Sections intended to survive termination will remain in effect, including but not limited to Sections 2, 3, 4, 5, 8.3, 9, 10, 11, 12, 13, 14, and 15.