Terms of Service
Mulkern AI Systems
PLEASE READ CAREFULLY
By accessing or using Mulkern AI Systems' services, you agree to be bound by these Terms of Service. If you do not agree to these Terms, do not use our Services.
Table of Contents
- 1. Definitions and Parties
- 2. Acceptance and Modification of Terms
- 3. Use of Services and Restrictions
- 4. Account Registration and Security
- 5. AI-Specific Terms and Disclaimers
- 6. Intellectual Property Rights
- 7. User Content and Submissions
- 8. DMCA Copyright Notice
- 9. Payment, Subscriptions, and Fees
- 10. Disclaimers of Warranties
- 11. Limitation of Liability
- 12. Indemnification
- 13. Termination
- 14. Dispute Resolution and Arbitration
- 15. Governing Law and Jurisdiction
- 16. International Users and Data Transfers
- 17. Third-Party Links and Services
- 18. Privacy
- 19. General Provisions
- 20. Contact Information
Definitions and Parties
These Terms of Service govern your use of the websites, applications, AI-powered tools, and services (collectively, the "Services") provided by Mulkern AI Systems ("we," "us," "our," or "Company"), located at 7814 Stoneyway Dr., Houston, TX 77040.
Key Definitions:
- "AI Systems" means our artificial intelligence tools, including AI Voice Agents, AI Chatbots, machine learning models, data analysis tools, and automation software
- "User," "you," or "your" refers to any individual or entity accessing or using our Services
- "Content" includes all text, data, information, software, graphics, AI-generated outputs, and other materials
- "User Content" means any content, data, or information you submit, upload, or provide to our Services
Acceptance and Modification of Terms
2.1 Acceptance
By creating an account, accessing our website, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
2.2 Modifications
We reserve the right to modify these Terms at any time. We will notify you of material changes via email (if provided) or by posting a notice on our website. Changes become effective 30 days after notification unless otherwise stated. Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms.
Use of Services and Restrictions
3.1 Permitted Use
Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business or personal purposes.
3.2 Prohibited Uses
You agree NOT to:
- Use the Services for any illegal purpose or in violation of any applicable laws
- Resell, sublicense, transfer, assign, or distribute the Services without our written consent
- Reverse engineer, decompile, or attempt to extract source code from our AI Systems
- Use automated means (bots, scrapers, crawlers) to access the Services except as authorized
- Interfere with or disrupt the integrity or performance of the Services
- Attempt to gain unauthorized access to our systems, accounts, or networks
- Use the Services to create, train, or improve competing AI models or services
- Upload or transmit viruses, malware, or other harmful code
- Violate any person's intellectual property, privacy, or other rights
- Use the Services to generate content that is illegal, harmful, defamatory, or violates our Acceptable Use Policy
Account Registration and Security
To access certain features, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and update your information to keep it accurate and current
- Maintain the security and confidentiality of your account credentials
- Notify us immediately of any unauthorized access or security breach
- Accept responsibility for all activities under your account
AI-Specific Terms and Disclaimers
5.1 AI-Generated Outputs
IMPORTANT: AI-generated content is provided "as is" and may contain errors, inaccuracies, or inappropriate content. You are solely responsible for reviewing, verifying, and validating all AI outputs before use. We do not guarantee the accuracy, completeness, or reliability of any AI-generated content.
5.2 No Automated Decision-Making for High-Stakes Purposes
Our AI Systems are NOT designed or authorized for use in automated decision-making that significantly affects individuals in areas such as employment, credit, insurance, healthcare, housing, education, or legal matters without human review and oversight. You must not use our Services for such purposes without implementing appropriate human oversight and obtaining all required consents.
5.3 Disclosure of AI Interaction
When you interact with our AI Chatbots or Voice Agents, you are interacting with an artificial intelligence system, not a human. We clearly identify AI interactions where required by law.
5.4 No Medical, Legal, or Financial Advice
Our AI Systems do not provide professional medical, legal, financial, or other licensed professional advice. Any information provided is for general informational purposes only. Always consult qualified professionals for specific advice.
Intellectual Property Rights
6.1 Our Intellectual Property
All content, features, functionality, AI models, algorithms, software, designs, text, graphics, logos, and trademarks on or through the Services are owned by Mulkern AI Systems or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
6.2 Your Content License to Us
When you provide User Content to our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, process, and store your User Content solely for the purpose of providing and improving the Services. We do NOT use your User Content to train our AI models or for any purpose beyond service delivery.
6.3 Ownership of AI Outputs
Subject to your compliance with these Terms, you retain all rights to AI-generated outputs created through your use of the Services. However, we cannot guarantee that AI outputs are unique or that other users have not generated similar content.
User Content and Submissions
7.1 Your Representations
By submitting User Content, you represent and warrant that:
- You own or have the necessary rights to the User Content
- Your User Content does not violate any third-party rights
- Your User Content does not contain illegal, harmful, or inappropriate material
- You have obtained all necessary consents and permissions for us to process the User Content
7.2 Content Monitoring and Removal
We reserve the right, but have no obligation, to monitor, review, edit, or remove any User Content that violates these Terms, is harmful, or is otherwise objectionable. We may remove content without notice and without liability.
DMCA Copyright Notice
Mulkern AI Systems respects intellectual property rights and complies with the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe your copyrighted work has been infringed, please contact our designated DMCA agent:
DMCA Agent
Name: Michael Mulkern
Email: michael@mulkern.net
Phone: 1-346-410-0177
Mail: 7814 Stoneyway Dr., Houston, TX 77040
Your notice must include: (1) description of the copyrighted work; (2) location of infringing material; (3) your contact information; (4) good faith statement; (5) statement of accuracy under penalty of perjury; and (6) physical or electronic signature of the copyright owner or authorized representative.
Payment, Subscriptions, and Fees
9.1 Fees
Certain Services require payment of fees. All fees are stated in U.S. dollars and are non-refundable except as expressly stated in Section 9.4. You agree to pay all applicable fees as specified in your service agreement or subscription plan.
9.2 Subscriptions
Subscription services automatically renew at the end of each billing period unless cancelled. You authorize us to charge your payment method for renewal fees. We will notify you of any fee changes at least 30 days in advance.
9.3 Cancellation
You may cancel your subscription at any time through your account settings or by contacting support at michael@mulkern.net or 1-346-410-0177. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods.
9.4 Refund Policy
30-Day Money-Back Guarantee: We offer a full refund within 30 days of purchase for digital products and online courses.
No Refunds: We do not offer refunds for services that have been rendered, including private consulting, custom development, web hosting, SaaS software subscriptions, marketing services, or other services requiring labor or capital outlay.
Disclaimers of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:
- MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
- ACCURACY, RELIABILITY, OR COMPLETENESS OF AI-GENERATED CONTENT
- UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION
- FREEDOM FROM VIRUSES OR HARMFUL COMPONENTS
- RESULTS OR OUTCOMES FROM USING THE SERVICES
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MULKERN AI SYSTEMS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM:
- Your use or inability to use the Services
- Any unauthorized access or alteration of your data
- Any AI-generated content or outputs
- Any third-party conduct or content
- Any other matter relating to the Services
OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
Indemnification
You agree to indemnify, defend, and hold harmless Mulkern AI Systems, its affiliates, officers, directors, employees, agents, and licensors from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Services
- Your User Content
- Your violation of these Terms
- Your violation of any rights of another party
Termination
We may suspend or terminate your access to the Services at any time, with or without cause or notice, for violations of these Terms or for any other reason. Upon termination, your right to use the Services immediately ceases. Sections that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, limitations of liability, and dispute resolution provisions.
You may terminate your account at any time by contacting us at michael@mulkern.net.
Dispute Resolution and Arbitration
14.1 Informal Resolution
Before initiating arbitration or legal proceedings, you agree to attempt to resolve any dispute informally by contacting us at michael@mulkern.net. We will attempt to resolve the dispute within 30 days.
14.2 Binding Arbitration
Except for claims to protect intellectual property rights and to enforce an arbitrator's decision, all disputes shall be resolved by binding arbitration under the American Arbitration Association (AAA) rules. The arbitration shall be conducted in Harris County, Texas, or remotely via telephone or online. Each party bears its own costs except as otherwise provided by AAA rules.
14.3 Class Action Waiver
YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.
14.4 Exceptions
Either party may seek injunctive or other equitable relief in court to protect intellectual property rights without first engaging in arbitration.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
For any disputes not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Harris County, Texas.
International Users and Data Transfers
Our Services are operated from the United States. If you access the Services from outside the United States, you acknowledge that your information will be transferred to, stored, and processed in the United States. By using the Services, you consent to this transfer and processing. We comply with applicable data protection laws, including GDPR for EU users, as described in our Privacy Policy.
Third-Party Links and Services
The Services may contain links to third-party websites or integrate with third-party services. We do not control, endorse, or assume responsibility for third-party content, products, or services. Your use of third-party services is at your own risk and subject to their terms and privacy policies.
Privacy
Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.
General Provisions
19.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mulkern AI Systems regarding the Services and supersede all prior agreements.
19.2 Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.
19.3 Waiver
No waiver of any term shall be deemed a continuing waiver or waiver of any other term. Our failure to enforce any right or provision shall not constitute a waiver.
19.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without restriction.
19.5 Force Majeure
We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
Contact Information
For questions, concerns, or notices regarding these Terms, please contact us:
Mulkern AI Systems
Contact: Michael Mulkern
Email: michael@mulkern.net
Phone: 1-346-410-0177
Mailing Address: 7814 Stoneyway Dr., Houston, TX 77040
These Terms of Service are effective as of February 6, 2026
Last modified: February 6, 2026
By using our Services, you acknowledge that you have read and understood these Terms