Terms of Service

1. Agreement to Terms

By accessing or using any products or services provided by Eugenius Enterprises LLC ("Eugenius," "we," "us," or "our"), including our website at eugenius.ai, our software applications, and all related services (collectively, "the Services"), you agree to be bound by these Terms of Service. If you disagree with any part of these terms, you do not have permission to access or use the Services.

2. Description of Services

Eugenius is a software studio. We design, build, and sell desktop-first software applications that you own and run on your own device, including:

• My Virtual CPA - financial software for books, taxes, investments, and net worth, with a built-in auditor
• Aurelian - support intelligence for triaging tickets and building a knowledge base
• Gaffer - construction job tracking and estimating
• Drill Sergeant - practice tests and flashcards for certification and licensing exams

Some applications are offered on a subscription basis; others may be offered as one-time purchases or made available ahead of general release through a waitlist. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice.

3. User Accounts and Security

For Services that require account creation:

• You are responsible for maintaining the confidentiality of your account credentials
• You must immediately notify us of any unauthorized use of your account
• We reserve the right to terminate accounts that violate these terms
• You must provide accurate and complete information when creating an account
• You are responsible for all activities that occur under your account

4. Intellectual Property Rights

The Services, including all content, features, functionality, software, text, images, and design elements, are owned by Eugenius Enterprises LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

5. User Responsibilities and Prohibited Uses

You agree not to:

• Use the Services for any illegal or unauthorized purpose
• Provide false, misleading, or inaccurate information
• Attempt to gain unauthorized access to any part of the Services or related systems
• Interfere with or disrupt the Services, servers, or networks
• Share your account credentials with third parties
• Copy, redistribute, resell, or reverse engineer our software except as permitted by law
• Use the Services to transmit spam, malware, or other harmful content
• Violate any applicable local, state, national, or international law
• Infringe on the intellectual property rights of others

6. Payment Terms

For paid Services:

• You agree to pay all fees and charges associated with your use of paid Services
• Fees are due as specified in the applicable plan, order, or invoice
• All fees are non-refundable unless otherwise specified in writing or required by law
• We reserve the right to change pricing with 30 days notice

6.1 My Virtual CPA Software Subscriptions

The following additional terms apply to paid subscriptions to My Virtual CPA, our financial software product:

• Free trial: New subscribers receive a 30-day free trial. A valid payment method is required to start it, but you are not charged during the trial. If you do not cancel before the trial ends, the subscription automatically converts to a paid plan and your payment method is charged the then-current fee.
• Subscription & renewal: Subscriptions are billed in advance on a monthly or annual basis and renew automatically until cancelled.
• License: Your subscription grants you a non-exclusive, non-transferable license to use My Virtual CPA for the duration of your paid term. My Virtual CPA is local-first software; your financial data is stored on your own device.
• Cancellation: You may cancel at any time from your account settings or by emailing support@eugenius.ai. Your access continues through the end of the current billing period and does not renew thereafter.
• Refunds: Because of the 30-day free trial, subscription fees are generally non-refundable, as described in our Refund & Cancellation Policy, which is incorporated into these Terms.
• Merchant of record: Payments for My Virtual CPA are processed by Lemon Squeezy, which acts as our authorized payment provider and merchant of record and collects and remits applicable sales tax and VAT on these transactions.

7. Confidentiality

We understand that you may share sensitive information with us. We will treat all non-public information you provide as confidential and will not disclose it to third parties except as necessary to provide the Services, as required by law, or with your express consent. This obligation does not apply to information that is publicly available, already known to us, or independently developed without use of your confidential information.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED
• WARRANTIES REGARDING RESULTS OBTAINED FROM USE OF THE SERVICES

Our software helps you organize and understand your own information, but any reports, calculations, tax estimates, or projections it produces are for informational purposes only and are not professional accounting, tax, legal, or financial advice. We recommend consulting with qualified professionals before making significant business or financial decisions.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EUGENIUS ENTERPRISES LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Eugenius Enterprises LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of another party.

11. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the updated Terms on our website and updating the "Effective Date" at the top of this page. Your continued use of the Services after any changes constitutes acceptance of the new Terms.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Services shall be resolved as follows:

• The parties shall first attempt to resolve disputes through good-faith negotiation
• If negotiation fails, disputes shall be submitted to binding arbitration in the State of Florida
• The arbitration shall be conducted under the rules of the American Arbitration Association
• Each party shall bear its own costs, and arbitration fees shall be shared equally

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and Eugenius regarding your use of the Services and supersede all prior agreements and understandings.

16. Contact Information

For questions about these Terms of Service, please contact us at: