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Terms of Service

Effective Date: February 13, 2026
Last Updated: February 13, 2026

1. ACCEPTANCE OF TERMS

Welcome to Asqend ("Service"), an AI-powered task management and productivity assistant platform operated by SD Consulting LLC, a Colorado limited liability company ("Company," "we," "us," or "our"). By accessing or using our Service at asqend.com or app.asqend.com ("Platform"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms").

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

These Terms constitute a legally binding agreement between you and SD Consulting LLC. Your use of the Service constitutes acceptance of these Terms.

2. ELIGIBILITY AND AGE RESTRICTION

You must be at least 18 years of age to use this Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. We do not knowingly collect or solicit personal information from anyone under the age of 18.

3. SERVICE DESCRIPTION

Asqend is an AI-powered productivity assistant that connects to your email, calendar, contacts, tasks, and financial transactions to automate workflows and enhance productivity. Our Service utilizes third-party artificial intelligence providers including but not limited to OpenAI and Anthropic to process and analyze your data.

4. AI DISCLAIMER AND LIMITATIONS

IMPORTANT: AI OUTPUTS ARE NOT PROFESSIONAL ADVICE

You acknowledge and agree that:

  • The Service uses artificial intelligence that may produce inaccurate, incomplete, or misleading outputs
  • AI-generated content is NOT professional, legal, financial, medical, or investment advice
  • You should not rely solely on AI outputs for important decisions
  • AI responses may contain errors, hallucinations, or outdated information
  • We make no representations about the accuracy, completeness, or reliability of AI outputs
  • You are solely responsible for verifying and validating all AI-generated content before acting upon it

USE AI OUTPUTS AT YOUR OWN RISK.

5. ACCOUNT REGISTRATION AND SECURITY

To access certain features, you must create an account by providing accurate, current, and complete information. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Immediately notifying us of any unauthorized use
  • Ensuring all provided information remains accurate and up-to-date

6. ACCEPTABLE USE POLICY

You agree NOT to:

  • Use the Service for any illegal, harmful, or unauthorized purpose
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Engage in data scraping, crawling, or automated data extraction
  • Reverse engineer, decompile, or disassemble any aspect of the Service
  • Transmit viruses, malware, or other malicious code
  • Violate any applicable laws, regulations, or third-party rights
  • Use the Service to generate spam, phishing, or fraudulent content
  • Attempt to overwhelm or disrupt our infrastructure
  • Share your account credentials with others
  • Use the Service for competitive intelligence or to develop competing products

Violation of this Acceptable Use Policy may result in immediate termination without notice or refund.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Company Ownership

SD Consulting LLC owns all rights, title, and interest in and to the Service, including but not limited to:

  • The Asqend platform, website, and mobile applications
  • All software, algorithms, and artificial intelligence models
  • User interfaces, designs, and branding
  • All improvements, modifications, and derivative works
  • Trade secrets, know-how, and proprietary methods

7.2 User Data License

By using the Service, you grant SD Consulting LLC a worldwide, non-exclusive, royalty-free license to:

  • Access, process, and analyze your data solely to provide, maintain, and operate the Service
  • Store and transmit your data through our infrastructure and third-party providers as necessary for Service operation

This license terminates when you delete your account, except for data that has been anonymized or aggregated.

7.3 User-Generated Content

You retain ownership of content you create through the Service, but grant us the right to host, display, and process such content as necessary to provide the Service.

8. PRIVACY AND DATA HANDLING

Your privacy is important to us. Please review our Privacy Policy, which is incorporated by reference into these Terms. By using the Service, you consent to our collection, use, and disclosure of your information as described in our Privacy Policy.

9. THIRD-PARTY SERVICES

Our Service integrates with third-party providers including:

  • AI Providers: OpenAI, Anthropic
  • Infrastructure: Vercel, Supabase, Cloudflare
  • APIs: Google APIs and other service integrations

You acknowledge that:

  • We are not responsible for third-party service availability, security, or performance
  • Third-party terms and privacy policies may apply to your data
  • We may change or discontinue third-party integrations at any time
  • Third-party service interruptions may affect Service functionality

10. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND.

WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES REGARDING AVAILABILITY, RELIABILITY, OR UPTIME
  • WARRANTIES REGARDING DATA INTEGRITY, ACCURACY, OR SECURITY
  • WARRANTIES REGARDING AI OUTPUT ACCURACY OR COMPLETENESS

WE DO NOT WARRANT THAT:

  • The Service will be uninterrupted, error-free, or secure
  • Any defects will be corrected
  • The Service will meet your specific requirements
  • Data will be preserved or remain accessible
  • AI outputs will be accurate or reliable

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SD CONSULTING LLC'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

IN NO EVENT SHALL WE BE LIABLE FOR:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, REVENUE, DATA, OR USE
  • BUSINESS INTERRUPTION OR LOSS OF GOODWILL
  • DATA LOSS, CORRUPTION, OR SECURITY BREACHES
  • INACCURATE AI OUTPUTS OR DECISIONS BASED THEREON
  • THIRD-PARTY SERVICE FAILURES OR SECURITY VULNERABILITIES

THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SD CONSULTING LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING FROM OR RELATING TO:

  • Your use or misuse of the Service
  • Your violation of these Terms or any applicable law
  • Your data or content submitted through the Service
  • Any third-party claims related to your use of the Service
  • Decisions you make based on AI outputs or Service recommendations

This indemnification obligation survives termination of these Terms.

13. TERMINATION

13.1 Termination by Company

We reserve the right to terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

  • Violation of these Terms or Acceptable Use Policy
  • Suspected fraudulent, abusive, or illegal activity
  • Extended periods of inactivity
  • Business or operational reasons
  • At our sole discretion for any reason or no reason

13.2 Termination by User

You may terminate your account at any time by contacting us at hello@asqend.com or using account deletion features in the Service.

13.3 Effect of Termination

Upon termination:

  • Your right to use the Service immediately ceases
  • We have no obligation to provide refunds for any fees paid
  • We may delete your data according to our data retention policies
  • Surviving provisions (including indemnification and limitation of liability) remain in effect

14. PAYMENT TERMS

14.1 Future Payment Processing

Payment features may be added to the Service in the future. When implemented, additional payment terms will be incorporated into these Terms or provided separately.

14.2 No Refund Policy

ALL FEES ARE NON-REFUNDABLE. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL PERIODS, UNUSED FEATURES, OR EARLY TERMINATION.

15. SERVICE LEVEL

The Service is provided without any guaranteed uptime, availability, or performance metrics. We do not offer a Service Level Agreement (SLA). We will use commercially reasonable efforts to maintain availability but make no guarantees.

16. DISPUTE RESOLUTION AND ARBITRATION

16.1 Mandatory Binding Arbitration

ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT.

This arbitration provision applies to all disputes, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory.

16.2 Arbitration Procedures

  • Arbitration Provider: American Arbitration Association (AAA)
  • Rules: AAA Commercial Arbitration Rules
  • Location: Denver, Colorado
  • Language: English
  • Arbitrator: Single arbitrator selected through AAA procedures

16.3 Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST SD CONSULTING LLC.

All disputes must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

16.4 Exceptions

The following disputes are not subject to arbitration:

  • Individual claims in small claims court within its jurisdiction
  • Claims for injunctive relief to protect intellectual property rights

17. GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. Any legal action not subject to arbitration must be brought exclusively in the state or federal courts located in Boulder County, Colorado.

18. FORCE MAJEURE

We shall not be liable for any failure or delay in performing our obligations under these Terms due to causes beyond our reasonable control, including but not limited to:

  • Acts of God, natural disasters, or severe weather
  • War, terrorism, civil unrest, or government actions
  • Internet service provider failures or cyberattacks
  • Third-party service provider outages or failures
  • Labor disputes or strikes
  • Pandemic or public health emergencies

19. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

  • Posting the updated Terms on our website
  • Sending an email notification to your registered email address
  • Displaying a prominent notice in the Service

Continued use of the Service after notice constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service.

20. SEVERABILITY

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely matches the intent of the original provision.

21. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SD Consulting LLC regarding the Service and supersede all prior or contemporaneous understandings and agreements.

22. NO WAIVER

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

23. ASSIGNMENT

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

24. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

SD Consulting LLC
Longmont, CO 80504
Email: hello@asqend.com


By using the Asqend Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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