ZURGEON LLC Terms & Conditions

Effective date: August 27, 2025

Welcome to ZURGEON LLC (“ZURGEON,” “we,” “us,” or “our”). These Terms & Conditions (“Terms”) govern your access to and use of our websites, mobile apps, and services, including SobrietyGPT and AllSched (collectively, the “Services”).

By creating an account, accessing, or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

Contact: legal@zurgeon.com

1) Who may use the Services

  • Age. You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction). If you are under the age of majority, you must have a parent/guardian’s consent and supervision.
  • Authority. If you use the Services on behalf of an organization, you represent you have authority to bind that organization to these Terms.
  • Compliance. You must comply with applicable laws and these Terms.

2) Accounts & Security

  • Account information. Keep your login credentials confidential and accurate. You are responsible for all activity under your account.
  • Notification. Notify us immediately of any unauthorized access or suspected breach.
  • Multi-factor. We may require or offer multi-factor authentication.
  • Deletion. You may delete your account in-app or by contacting support; see Privacy Policy for data handling.

3) Subscriptions, Trials, Billing & Taxes

  • Plans. Some features are free; others require a paid subscription. Plan details (limits, features, price) are shown at sign-up.
  • Trials. If offered, trials convert to paid at the end of the trial unless you cancel before renewal.
  • Renewals. Subscriptions renew automatically at the then-current price unless canceled.
  • Billing. You authorize us and our payment processor (e.g., Stripe) to charge your payment method for fees, applicable taxes, and any authorized add-ons.
  • Changes. We may change prices or plans with reasonable advance notice (or as permitted by app stores).
  • Refunds. Fees are non-refundable except where required by law or explicitly stated otherwise.
  • Taxes. You are responsible for all applicable taxes and government charges.

4) Your Content & License to ZURGEON

  • Ownership. You retain ownership of content you submit or store in the Services (“Your Content”), including sobriety logs, journals, events, and invite lists.
  • License to operate. You grant ZURGEON a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and create necessary technical copies of Your Content solely to provide, maintain, secure, and improve the Services and to comply with law.
  • Permissions. If you provide contact info for others (e.g., AllSched invitees), you represent you have their permission to do so.
  • Backups. You are responsible for maintaining copies of Your Content. We may keep residual backups for a limited time after deletion.

5) Acceptable Use

You agree not to:

  • Violate laws or others’ rights; harvest personal data without consent.
  • Upload illegal, infringing, harmful, or deceptive content.
  • Harass, threaten, or encourage self-harm or violence.
  • Send spam or unlawful communications (e.g., violating CAN-SPAM/TCPA/GDPR e-privacy).
  • Interfere with or disrupt the Services; probe or scan without authorization.
  • Circumvent security or technical restrictions; attempt to reverse engineer non-open components.
  • Use the Services to build a competing service or to resell access without permission.
  • Exceed plan limits, abuse free tiers, or misrepresent identity/affiliations.

We may investigate violations and suspend or terminate accounts to protect the Services and users.

6) AI-Powered Features & Output Cautions

Some features use AI/ML models (our own and/or third-party providers you enable). Outputs may be inaccurate, incomplete, or reflect bias. You are responsible for evaluating outputs and making final decisions. Do not rely on the Services for medical, legal, or financial advice. See §10 for SobrietyGPT-specific disclaimers.

7) App-Specific Terms

A. SobrietyGPT

  • Not medical care. SobrietyGPT provides habit/goal support and reflections. It is not medical or mental-health treatment and we are not a healthcare provider. ZURGEON is not a HIPAA-covered entity.
  • Emergency. For emergencies or crisis, call local emergency services or a crisis line—do not rely on SobrietyGPT.
  • Sensitive data. You control what you store. Use discretion with journals and personal details.

B. AllSched

  • Invitations & contacts. You must have permission to contact invitees via email/SMS.
  • Calendar integrations. If you connect third-party calendars, you authorize us to read/write as necessary to provide scheduling, in accordance with the permissions you grant.
  • Deliverability. We are not liable for missed events caused by provider outages, spam filtering, carrier issues, or incorrect contact info.

8) Communications; SMS/Email

By providing an email or phone number, you consent to receive service-related communications (e.g., verification codes, reminders). Message/data rates may apply. You can opt out of non-essential marketing at any time (service-critical messages may still be sent).

9) Third-Party Services & Links

The Services may integrate with or link to third-party services (e.g., Google/Microsoft/Apple calendars, email/SMS, app stores, AI providers). Your use of those services is governed by their terms and privacy policies. We are not responsible for third-party content or services.

10) No Medical, Legal, or Financial Advice

The Services (including AI outputs) are provided for informational and productivity purposes only and do not constitute medical, legal, financial, or professional advice. Do not disregard professional advice because of content you obtain via the Services. If you believe you may hurt yourself or others, contact local emergency services immediately.

11) Intellectual Property

  • Ours. The Services, including software, design, compilations, trademarks, and content (excluding Your Content), are owned by ZURGEON or its licensors and are protected by IP laws.
  • Feedback. You grant ZURGEON a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any feedback or suggestions without restriction.

12) Modifications to the Services

We may modify, suspend, or discontinue features at any time to improve performance, security, or usability, or to comply with law. If a change materially reduces core paid functionality, we will provide reasonable notice and options.

13) Warranties & Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND COURSE OF DEALING/USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT OUTPUTS WILL BE ACCURATE OR RELIABLE.

Some jurisdictions do not allow disclaimers; in those cases, the above applies to the maximum extent permitted by law.

14) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZURGEON AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS/REVENUE/GOODWILL/OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO ZURGEON IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR USD $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow certain limitations; in those cases, the above applies to the maximum extent permitted.

15) Indemnification

You will indemnify and hold harmless ZURGEON and its affiliates, officers, agents, and employees from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) Your Content; (b) your use of the Services in violation of these Terms or law; (c) communications you send to invitees/third parties; or (d) any misrepresentation or infringement by you.

16) Termination & Suspension

You may stop using the Services at any time and/or cancel your subscription. We may suspend or terminate access immediately if you breach these Terms, cause risk/harm, fail to pay fees, or if required by law. Upon termination, your license ends and you must stop using the Services. Sections intended to survive (e.g., payments due, IP, disclaimers, limitations, indemnity, dispute resolution) will survive.

17) Governing Law; Dispute Resolution (US/Canada)

  • Governing law. These Terms are governed by the laws of the State of Colorado, USA, without regard to conflict-of-laws rules, except where local law requires otherwise.
  • Informal resolution. Before filing a claim, you agree to try to resolve the dispute informally by emailing legal@zurgeon.com and allowing 30 days for a response.
  • Arbitration. Except for qualifying small-claims matters or injunctive relief for IP/security, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules.
  • Class-action waiver. Disputes must be brought only on an individual basis; no class or representative actions.
  • Opt-out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing legal@zurgeon.com with subject “Arbitration Opt-Out” and your account email.
  • Venue. If arbitration is found inapplicable or unenforceable, the exclusive venue will be the state or federal courts located in Denver County, Colorado, and you consent to jurisdiction there.

(For users outside the US/Canada, you may have consumer protections and venue rights under your local law.)

18) Export & Sanctions

You must comply with US and other applicable export control and sanctions laws. You may not use the Services if you are located in, or are a national of, a country subject to comprehensive US sanctions, or are on a restricted-party list.

19) App Store Terms

If you download our apps from the Apple App Store or Google Play:

  • Your use is also subject to the applicable store’s terms.
  • The store provider is not responsible for maintenance, support, or legal claims.
  • The store provider is a third-party beneficiary of these Terms with the right to enforce them against you.

20) Beta/Pre-Release Features

We may offer beta or experimental features. They are provided “as is,” may change or be discontinued, and may be subject to additional terms. You use beta features at your own risk.

21) Enterprise/Teams & Data Processing

If you purchase team or enterprise plans, additional terms or data processing addenda (DPAs) may apply. In case of conflict, the order form or DPA will control with respect to the conflicting subject matter.

22) Privacy

Our Privacy Policy explains how we collect and process personal data. By using the Services, you acknowledge it.

23) Changes to these Terms

We may update these Terms from time to time. If changes are material, we’ll provide reasonable notice (e.g., by email, in-app notice, or posting). The updated Terms take effect when posted unless otherwise stated. Continued use means you accept the changes.

24) Miscellaneous

  • Entire agreement. These Terms and any referenced policies are the entire agreement between you and ZURGEON regarding the Services.
  • Severability. If a provision is unenforceable, the remaining provisions remain in effect.
  • No waiver. A failure to enforce a provision is not a waiver.
  • Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
  • Force majeure. We aren’t liable for delays or failures due to events beyond our reasonable control (e.g., internet/widespread outages, natural disasters, labor disputes, acts of government).

25) Contact

ZURGEON
Legal: legal@zurgeon.com
Support: support@zurgeon.com