Terms

These Terms of Service ("Terms") govern your access to and use of the website at mountdigital.tech, the End Line assessment tool, and any services Mount Digital makes available through them (collectively, the "Services"), provided by Mount Digital LLC, a Delaware limited liability company ("Mount Digital," "we," "us," or "our"). By accessing or using the Services, you ("you" or "User") agree to be bound by these Terms. If you do not agree, do not access or use the Services.

1. Use of the Services

The Services are intended for use in connection with business or professional activities. By using the Services, you represent that you are at least 18 years of age and have the authority to enter into these Terms on your own behalf or on behalf of any entity for which you act. You may use the Services only for lawful purposes, and you agree not to:

• Submit false, misleading, or unauthorized information, or impersonate any person or entity;
• Probe, scan, or test the vulnerability of the Services, or breach or circumvent any security or authentication measure;
• Introduce viruses, malware, or other harmful code to the Services;
• Reverse engineer, decompile, disassemble, or attempt to derive source code from the Services, except to the extent such restriction is prohibited by applicable law;
• Access the Services through automated means (including scraping, crawling, or use of bots) other than through documented interfaces;
• Use the Services or any content obtained from them to develop a product or service that is directly competitive with the Services;
• Submit content that infringes any third-party right or violates any applicable law; or
• Interfere with or disrupt the integrity or performance of the Services or any data they contain.

Mount Digital may suspend or terminate access at any time, with or without notice, including for any actual or suspected violation of these Terms. Provisions that by their nature should survive termination — including Sections 4 through 10 — will so survive.

2. End Line Assessment

The End Line assessment (the "Assessment") is a no-cost online intake tool that accepts a description of your application or system (each, a "Submission") and returns an AI-assisted response.

A formal architectural assessment is a separate paid engagement governed by a separate written agreement. Nothing in the Assessment response constitutes an offer, commitment, recommendation, or professional opinion from Mount Digital.

AI processing of Submissions

The Assessment is generated using a third-party artificial intelligence service. Submissions are transmitted to and processed by that service to produce the response displayed to you.

You acknowledge and agree that:

• Submissions may contain personal data (e.g., name, contact information, business or project context) and will be processed by the AI service as described above;
• The AI service processes Submissions subject to its own terms and privacy policy, and current sub-processors are identified in Section 3 (Privacy); and
• You must not include in any Submission: sensitive personal data (including government identifiers, financial account numbers, health information, or biometric data); credentials, API keys, passwords, or other secrets; personal data of third parties without authorization; or trade secrets or other confidential information you are not authorized to disclose.

You represent that your Submissions comply with your confidentiality obligations and applicable law. Mount Digital retains Submissions as described in Section 3 (Privacy); deletion may be requested at any time per Section 3.

3. Privacy

What we collect

We collect: (a) information you provide, including contact information (name, email, company) and the content of your Submissions; (b) AI-generated responses produced from your Submissions ("Assessment Output"); and (c) standard web analytics, including pages visited, referrer, approximate location, device type, and similar diagnostic data (collectively, "Personal Information").

How we use it

We use Personal Information to provide and improve the Services, communicate with you regarding engagements, and comply with our legal obligations. We do not sell Personal Information.

Who we share with

We share Personal Information only with service providers engaged to operate the Services, including providers of hosting and DNS, artificial intelligence processing (for Assessment generation), and customer relationship management and email. Each provider processes Personal Information on our behalf under its own terms and privacy policy. A current list of sub-processors is available on request at [email protected].

How long we keep it

We retain Submissions, Assessment Output, and contact information for as long as necessary to provide the Services, comply with our legal obligations, and resolve disputes — typically up to 24 months from your last interaction with us, after which we will delete or anonymize the data, except where longer retention is required by law. You may request earlier deletion at any time by emailing [email protected], and we will complete deletion within 30 days of verification.

Data security

Mount Digital maintains commercially reasonable administrative, technical, and physical safeguards designed to protect Personal Information against unauthorized access, alteration, disclosure, or destruction. No system is perfectly secure, and Mount Digital makes no warranty against unauthorized access.

Your rights

Depending on your jurisdiction, you may have the right to access, correct, delete, restrict, or object to the processing of your Personal Information, and the right to data portability. To exercise any of these rights, contact us at [email protected]. We will respond within the timeframes required by applicable law.

Children

The Services are not directed to children under the age of 16, and Mount Digital does not knowingly collect Personal Information from children. If you believe a child has provided Personal Information, contact us at [email protected] and we will delete it.

4. Intellectual Property

Our intellectual property

The Services, including all related software, content, text, graphics, design elements, and the Mount Digital and End Line names and logos, are owned by Mount Digital or licensed to it, and are protected by copyright, trademark, and other intellectual property laws. No rights are granted to you other than the limited right to access and use the Services in accordance with these Terms.

Your Submissions

You retain ownership of your Submissions. By submitting them, you grant Mount Digital and its sub-processors a worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce, transmit, process, store, and display the Submissions for the purposes of providing the Services, generating the Assessment response, complying with applicable law, and improving the Services. You represent that you have the rights necessary to grant this license.

Assessment Output

Mount Digital grants you a non-exclusive, royalty-free license to use the Assessment Output you receive for your internal evaluation of your application. Mount Digital retains all rights in the End Line tool itself, including the prompts, models, configurations, and processing logic used to generate Assessment Output. Assessment Output is provided subject to the disclaimers in Section 5.

Feedback

If you provide suggestions, comments, or feedback regarding the Services ("Feedback"), you grant Mount Digital a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable license to use Feedback for any purpose without obligation or compensation to you.

5. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

THE ASSESSMENT RESPONSE IS GENERATED BY A LARGE-LANGUAGE-MODEL SYSTEM. AI OUTPUT IS PROBABILISTIC AND MAY BE INACCURATE, INCOMPLETE, OUTDATED, OR BIASED. MOUNT DIGITAL MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY AI-GENERATED CONTENT, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS YOU MAKE OR ACTIONS YOU TAKE BASED ON IT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MOUNT DIGITAL OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE LEGAL THEORY AND WHETHER OR NOT MOUNT DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MOUNT DIGITAL'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED ONE THOUSAND U.S. DOLLARS ($1,000).

THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT. THE PARTIES ACKNOWLEDGE THAT THE ALLOCATION OF RISK IN THIS SECTION REFLECTS A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN THEM.

7. Indemnification

You agree to defend, indemnify, and hold harmless Mount Digital and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (a) your access to or use of the Services, (b) your Submissions, (c) your breach of these Terms, or (d) your violation of any third-party right or applicable law. Mount Digital reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with Mount Digital's defense.

8. Governing Law and Dispute Resolution

Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles.

Informal resolution

Before initiating arbitration, the parties will attempt in good faith to resolve any dispute by sending a written notice describing the dispute to the other party. The receiving party will have 30 days to respond. If the dispute is not resolved within 60 days of the initial notice, either party may commence arbitration.

Arbitration

Any dispute arising out of or relating to these Terms or the Services that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in Wilmington, Delaware, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

Class waiver

Each party agrees to bring claims in an individual capacity only, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding.

Exceptions

Notwithstanding the foregoing, either party may (a) bring an individual action in small-claims court for disputes within that court's jurisdiction; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or confidential information.

9. Changes

Mount Digital may update these Terms from time to time. Non-material changes take effect when posted, indicated by an updated "Effective" date. For material changes, Mount Digital will provide reasonable notice (for example, by posting a notice on the Services or by email if Mount Digital has your email address) at least 30 days before the change takes effect. Your continued use of the Services after a change takes effect constitutes acceptance of the updated Terms. If you do not agree to a change, you must stop using the Services before the change takes effect.

10. General Provisions

Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.

Entire agreement

These Terms constitute the entire agreement between you and Mount Digital regarding the Services and supersede all prior or contemporaneous agreements, communications, and proposals between the parties regarding the Services.

No waiver

Mount Digital's failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Mount Digital's prior written consent. Mount Digital may assign these Terms freely. Any attempted assignment in violation of this Section is void.

Force majeure

Neither party will be liable for any failure or delay in performance to the extent caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, governmental action, internet or telecommunications failures, or pandemics.

No third-party beneficiaries

These Terms do not create, and are not intended to create, any third-party beneficiary rights in any person.

Headings

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

Notices

Notices to Mount Digital must be sent to [email protected]. Notices to you may be sent to the email address you provide or posted on the Services.

11. Contact

Questions about these Terms or our privacy practices may be directed to [email protected].

Mount Digital LLC
PO Box 9016
Wilmington, DE 19809