Litzinger Cloud — End User License Agreement

Effective Date: 01/26/2025

Operator: Zachary Litzinger, Sole Proprietorship (personal & business dual-use), doing business as “Litzinger Cloud” and “The Litzinger Cloud.”

1) Acceptance & Scope

This Master Agreement (“Agreement”) governs your access to and use of all websites, apps, services, and content operated by or on behalf of Zachary Litzinger under the names “Litzinger Cloud” and “The Litzinger Cloud” (collectively, the “Services”), including, without limitation:

litzinger.cloud (and any subdomain)
litzinger.ltd (and any subdomain)
litzinger.app (and any subdomain)
Any other top-level domain beginning with “litzinger” (and any subdomain)
(If applicable) any legacy or misspelled variant referenced by users (e.g., “lizinger.cloud”).

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, do not use the Services.

2) Key Definitions

Operator: Zachary Litzinger (Sole Proprietorship).
Form 20: Intellectual Property Transfer Request form used to transfer/release specific works to an end user.
Form 21: Data Deletion Request form used to request deletion of user data after account deletion.
DARTIS: Dimensions And Relative Time Information System (encrypted communications feature shown in the site UI).

3) Trademarks & Intellectual Property

“Litzinger Cloud” and “The Litzinger Cloud” are trademarks of Zachary Litzinger. Unless expressly transferred through Form 20, all materials in and from the Services—including without limitation code, designs, software, documentation, research, messages, posts, stories, images, audio, video, prototypes, and service outputs—are and remain the exclusive intellectual property of Zachary Litzinger.

You receive a limited, revocable, non-exclusive, non-transferable license to access and use the Services for lawful purposes. No ownership is granted or implied. You may not copy, modify, reverse engineer, rehost, resell, sublicense, or create derivative works from any part of the Services except as expressly permitted in writing by the Operator or via a completed Form 20.

4) Third-Party Services

The Services integrate third-party providers, including but not limited to: Found Inc. and Stripe Inc. (payments), and Twilio Inc. (telecommunications/messaging). Your use of any functionality provided by a third party is also governed by that company’s own terms, privacy policies, and end-user license agreements. By using the Services you agree to comply with, and be bound by, such third-party terms in addition to this Agreement.

5) Machine-Generated & User-Generated Content Disclaimer

Portions of the Services may be generated by machine intelligence and/or submitted by other users. Information may be incomplete, outdated, or inaccurate and does not necessarily represent the views, beliefs, or positions of Zachary Litzinger. You are solely responsible for how you use any information or outputs and for verifying accuracy before relying on them.

6) Security, Monitoring & Logging

For security and operational integrity, all activity on the Services may be logged and analyzed for threats and abuse.
By using any cloud-hosted feature, you consent to such monitoring and recording (logging).
Communications protected by DARTIS or otherwise end-to-end encrypted are exempt from content monitoring; however, associated network transaction metadata (e.g., timestamps, sender/recipient identifiers, routing information) may still be logged.

7) Professional Services & Outcomes (Consulting) — Liability Waiver

Consulting, research, prototyping, software design, and similar professional services provided via the Services are delivered using professional judgment and best efforts; however, real-world outcomes are variable and cannot be guaranteed with 100% certainty. By engaging such services, you acknowledge inherent uncertainty and release and waive any claims against Zachary Litzinger and The Litzinger Cloud for unfavorable, unintended, or adverse outcomes, including consequential, indirect, incidental, special, exemplary, or punitive damages.

8) General Disclaimers; Limitation of Liability; Indemnity

The Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind (express or implied), including but not limited to accuracy, merchantability, fitness for a particular purpose, non-infringement, and availability.
Incorrect Information: The Operator is not liable for errors or omissions or any loss or damage arising from reliance on the Services.
User Actions: To the maximum extent permitted by law, Zachary Litzinger is exempt from all legal and financial responsibility for any harms resulting from end-user actions, whether direct or indirect, foreseeable or not.
Limitation: In no event will the total liability of the Operator exceed the amount you paid, if any, for the specific Service giving rise to the claim in the 3 months preceding the claim.
Indemnity: You agree to defend, indemnify, and hold harmless the Operator from and against claims arising from your use of the Services, your content, or your violation of this Agreement or applicable law.

9) Refunds, Returns & Exchanges

Digital transactions: No refunds under any circumstances.
Hardware: 30-day exchange or refund window from delivery date, less applicable restocking fees and return shipping.
Not all items are eligible for return/exchange. All returns/exchanges are subject to prior approval and issuance of an RMA.
Refund method and timing are determined by the Operator once eligible items are received and inspected.

10) Privacy Policy

The Operator does not sell or share your non-public personal data externally, except as required by law, to process payments/telecom via third-party providers (e.g., Found, Stripe, Twilio), to operate the Services, or to protect security and integrity.
Content you place in publicly accessible areas of the Services may be indexed or accessed by search engines, AI systems, or web crawlers. The Operator is not liable for the dissemination or reuse of information that you make public or that is publicly accessible.
Operational logs and security telemetry may be retained for a reasonable period for safety, compliance, and reliability.

11) Cloud Data Storage, Learning, and Deletion

By using the Services, you consent to the storage and processing of your data in cloud infrastructure and to the use of data generated by your use (including interactions, content, and telemetry) for machine-intelligent/AI training and learning to improve the Services.
You may request deletion of your data by first deleting your account and then submitting Form 21 (Data Deletion Request). Legal, security, and transactional records may be retained as permitted or required by law.

12) User Obligations & Lawful Use

You agree to use the Services only for lawful purposes and to comply with all laws and regulations that apply to you in your current jurisdiction and any jurisdiction that has authority over your use of the Services.
You will not attempt to bypass security, interfere with service operation, or access data that is not yours without authorization.

13) Non-Disclosure & Confidentiality (NDA)

Without a completed Form 20, you may not disclose, share, publish, or redistribute any privileged, confidential, or proprietary information or any data/content generated by Zachary Litzinger, The Litzinger Cloud, or their systems. This includes designs, research, prototypes, code, models, stories, documentation, internal discussions, logs, and outputs not expressly released to you under Form 20. Unauthorized disclosure may result in legal action and equitable relief.

14) Third-Party Payment & Telecom Notice

Financial transactions are processed by Found Inc. and/or Stripe Inc.. Telecommunications (including messaging) may be provided by Twilio Inc.. Your use of these features constitutes agreement to each provider’s applicable terms, policies, and EULAs, which govern in addition to this Agreement.

15) Termination

The Operator may suspend or terminate access to the Services (in whole or part) at any time for violation of this Agreement, security concerns, legal requirements, or business reasons. Upon termination, your license ends immediately and you must cease all use of the Services and any non-transferred materials.

16) Changes to this Agreement

The Operator may update this Agreement from time to time. Material changes will be posted within the Services. Continued use after changes take effect constitutes acceptance of the revised Agreement.

17) Governing Law & Venue

Unless prohibited by applicable law, this Agreement is governed by the laws of the State of Ohio, USA, without regard to its conflicts-of-law rules. Exclusive venue for disputes will be the state or federal courts located in Ohio. You consent to personal jurisdiction in those courts.

18) Contact

For questions regarding this Agreement, Form 20 (IP Transfer), or Form 21 (Data Deletion), please use the contact method provided on the website’s “Contact” page or the account help center.

19) Acceptance

By using the Services or by clicking “Agree & Continue” on the EULA prompt, you acknowledge that you have read, understood, and agreed to the terms of this Agreement.

This agreement re-prompts every 24 hours.