1. Introduction
This Terms of Purchase Agreement ("Agreement") is entered into by and between Contract Gen AI LLC, doing business as ContractHulk.com ("Seller"), and the individual or entity making the purchase ("Buyer"). This Agreement governs the purchase and sale of digital products offered by the Seller through the ContractHulk.com website.
For the purposes of this Agreement, the following terms shall have the following meanings:
A. "Digital Product" refers to any downloadable or accessible content, software, or other digital goods provided by the Seller.
B. "Website" refers to ContractHulk.com and any associated web pages or mobile applications owned and operated by the Seller.
2. Acknowledgment and Acceptance
By proceeding with the purchase and providing payment for the Digital Product, Buyer acknowledges that they have been presented with these Terms of Purchase, which are displayed in a link format prior to purchase, and that they agree to be bound by these terms; if Buyer does not agree to these terms, they should not complete the purchase or provide payment for the Digital Product.
3. Commitment to Protection of Our Intellectual Property
We value our customers, be they individual, entities, law firms, HR firms, or others, and strive to provide high-quality Digital Products and services. To ensure the best experience for all users and to protect our intellectual property rights, we kindly request that you fully read, respect and adhere to our Terms of Purchase. We are committed to enforcing our Digital Product License Agreement, and any infringement of these terms may result in legal action. As a valued customer, we appreciate your understanding and cooperation in honoring these terms as your purchases make innovating and extending our product and services possible. We look forward to serving you.
4. Fingerprints for Each Digital Product
Each Digital Product may incorporate a variety of methods, such as digital fingerprinting encrypted code, watermarks, or other hidden methods that enable us to trace the product back to the original purchaser if these Terms of Purchase are violated. These fingerprinting methods are unique to each download can be used in court to enforce our terms of service.
5. Buyer's Information
All records of Buyer and any other information associated with the Buyer are kept confidential within our company and will not be sold or disclosed. Buyer's information includes IP addresses, location, addresses, name, and any other information captured via our website or via the forms that the Buyer fills in. Buyer information also includes a record of all Digital Products purchased and their associated fingerprints.
6. License Assignments
When a Digital Product is purchase by a Buyer, who the license transfers to depend highly on the email address used when purchasing the Product.
6.1 Individuals License:
If the Buyer purchase the Digital Product with an personal email address from a general email provider (i.e. Gmail, Bing, Proton Mail so on), then only that person has a license and may not extend it to any other entity for their personal use.
6.2 Business Entities License:
If the buyer purchases the contract with a work email address, then the license extends to that entity.
6.3 Large Entities License:
If the entity is larger than 1,000 employees may have sub-divisions or other sub-entities, in this event the license only extends to that person’s immediate business unit or sub-division whichever is smaller. Entities that wish to use one of Our Digital Products across their whole entity please contact us for pricing on a paid extended license or purchase additional Digital Products through our website.
6.4 Law Firms or HR Firms License:
If the entity is a law firm, or HR firm, then the license can be transferred to their client entity. However, there is a strict limit of one purchase to one license transfer. After the license is transferred to the client, this category of purchaser loses rights to that license, nor can they transfer that license to another entity. It would be greatly appreciated if at the time the license is transferred from their Buyer to their client that a simple email is sent to our Support, although this is not necessary, it does officially transfer the license to the client.
6.5 Law Firms or HR Firms License:
Further these entities must ensure Digital Products are not entered into a medium of storage where other individual at their firm may inadvertently use our Digital Product for another client. Law Firms or HR Firms that wish to use one of Our Digital Products for other entities please contact us for pricing on a paid extended license or purchase additional Digital Products through our website.
6.6 Incorrect Assignment:
If the Buyer Inadvertently purchased our Digital Product with the incorrect email and would like the license reassigned, please contact support, no guaranties are made that license transfer will be approved.
7. Strict Prohibition on Resale and Distribution
Entities can be partially classified as Resellers, distributors, direct or indirect competitors, and any other third parties are strictly prohibited from accessing the content of our Website and or purchasing, selling, reselling, sublicensing, sharing, or distributing our Digital Product, in whole or in part, online or in print, under any circumstances. This strict prohibition applies to any form of resale or distribution, including but not limited to 1) Offering the Digital Product for sale or download on any website, platform, or marketplace. 2) Sharing the Digital Product via email, file sharing services, or any other digital means. 3) Printing and distributing physical copies of the Digital Product. 4) Incorporating the Digital Product into any other product or service offered for sale or distribution, or 5) otherwise offering for sale in whole or in part via a computer transmitted or print medium.
7.1 Strictly Prohibited:
By purchasing the Digital Product, Buyer is granted a limited, non-exclusive, non-transferable license to use the Digital Product.
8. License to use in Legal Proceeding
The buyer is licensed to use our Digital Products in contracting for employment with other entities or individuals. This Digital Product i.e. employment contract may be used multiple times for multiple contracting events, given that it follows the terms mentioned herein.
For example, our Employment contracts may be used, in the limited context, by a construction firm to contract with 50 construction workers over the course of several years.
9. Indefinite Use
Authorized Buyers are licensed to use our Digital Products for an indefinite period from the date of purchase, provided they abide by our terms of service in full during that period.
10. Unlimited Use in USA
Authorized Buyers are licensed to use our Digital Products in any region of the United States or its territories. We do not condone the use of our Digital product for use outside of these regions.
11. License to Modify the Digital Product
The buyer is licensed to modify or adapt the content of the Digital Product to their needs. However, any modification no matter how small or large do not exempt the Seller from enforcing the license terms herein.
12. Modifications Based on Template Instructions
Our Digital Products include template instructions that allow for easy modification of the product. Following these instructions to modify the contract is intended makes the job of customizing the contract to the Buyers needs easier. The core of the Digital Product excluding the items modified by the Buyer are the property of the Seller and all rights apply as mentioned herein.
13. Product Description
13.1 Download Availability: The Digital Product subject to this Agreement is a collection of one or more legal document templates and related resources, including but not limited to contracts, terms of the purchase agreements, forms, and instructions (collectively, the "Templates"). The Templates are designed to assist Buyer in creating customized legal documents for personal or business use.
13.2 File Formats: The Templates are provided in a downloadable format, such as Microsoft Word (.docx), Adobe Portable Document Format (.pdf), or other commonly used file types. Upon completion of the purchase process and payment, Buyer will be granted access to download the Templates from the Website.
13.3 Templates: The Buyer acknowledges that the Templates are intended to serve as a general guide and starting point for creating legal documents. The Templates may not cover every situation or jurisdiction, and Buyer is responsible for ensuring that the customized documents meet their specific needs and comply with applicable laws and regulations.
14. Pricing and Payment
The price for the Digital Product will be displayed on the Website at the time of purchase. We reserve the right to change any prices. Any changes to the pricing will not affect purchases that have already been completed.
14.1 Pay Listed Price: Buyer agrees to pay the full purchase price, including any applicable taxes or fees, at the time of purchase. The Seller accepts payment through various methods, which may include credit cards, debit cards, or other payment processors as indicated on the Website. By providing payment information, Buyer represents and warrants that they are authorized to use the chosen payment method, and that all information provided is accurate and complete.
14.2 Purchase Records: At the time of purchase, the Buyer's IP address, name, and other relevant digital information will be captured and stored by the Seller, and a digital version of this Digital Product will be kept in the Seller's records to facilitate the legal enforcement of these terms, and as proof of purchase if necessary.
14.3 Payment Methods: Transactions will be processed by the Seller's chosen payment processor, and Buyer agrees to be bound by the terms and conditions of the payment processor in addition to this Agreement. The Seller is not responsible for any fees, charges, or other issues related to the payment processor's services, and those fees will be displayed to the Buyer at the time of payment.
14.4 Purchase are Final: Unlike other product, digital products are provided to the seller as a copy, and thus ensuring they were not used, copied, achieved can be difficult.
Consequently, we have decided to make all purchases are final and non-refundable.
14.5 Error in Payment Processing: n the event of an error in the payment process or if the Buyer is unable to access the Digital Product after purchase by no fault of the seller, the Buyer should contact the Seller for assistance. Please check the section for delivery and access prior to contacting the seller.
15. Product Preview
The Seller may provide a preview of the Digital Product on the Website, which may include a sample digital product, excerpts, or other representative content (the "Preview"). The purpose of the Preview is to give Buyer an idea of the type and quality of content included in the Digital Product. Buyer acknowledges and agrees that the Preview is for informational purposes only and may not represent the full scope or exact final content of the Digital Product. The Preview may be a partial or modified version of the final content, and the Seller reserves the right to make changes, additions, or improvements to the Digital Product prior to payment.
16. No Scraping
Any Buyer who attempts to download, scrape, copy digitally or manually or otherwise acquire the Previewed Digital Products with the intent of circumventing payment, or otherwise violating these terms of service is in direct violation of these Terms of Purchase and may be subject to legal action. If an IP is found to be scraping our Digital Product Previews, we can permanently band the IP and the user from accessing our Website and enforce legal actions. Buyers who repeatedly view preview Digital Product without purchasing may be flagged for scrapping. If Buyer believe they were in adherently flagged for scrapping please contact our support.
17. Delivery and Access to the Digital Product
17.1 Download After Purchase: Upon completion of the purchase process and successful payment, the Seller will provide Buyer with access to the Digital Product through the Website. The Digital Product will be available for download or access via a secure link, which will be provide on the website and sent to the email address provided by Buyer during the purchase process. It is the buyer’s responsibility to ensure their email address is correct and accessible.
17.2 Download Expiration: The Digital Product will be available for download through the provided link for a period of three (3) days from the time of purchase, and the link will be limited to three (3) separate download instances to prevent unauthorized link sharing and potential posting of the link on the internet; Buyer acknowledges that it is their responsibility to promptly save the Digital Product in a secure location to avoid any issues related to download or time limitations. The Seller will record IP addresses which accesses the download link, if the access is from a different country than the buyer’s initial location the access to the file may be disconnected. The Seller can reinstate the access to the file if this occurs in a period less than three months from purchase, please contact our support.
17.3 Failure to Download: If the buyer does not download the Digital Product in the time frame mentioned above, please contact our support we can provide a download link. Unfortunately, we will not be able to accommodate the Buyer if the period longer than 3 months since the time of purchase.
17.4 Download Availability: The Seller will make reasonable efforts to ensure that the Digital Product is available for download or access with a 10-to-15-minute time frame after the purchase is completed. However, there may be instances where technical difficulties or other unforeseen circumstances delay the availability of the Digital Product. In such cases, the Seller will work to resolve the issue and provide access as soon as possible, please contact our support.
17.5 Buyer’s Connectivity Buyer is responsible for ensuring that they have a stable internet connection and compatible devices or software to access and download the Digital Product. The Seller is not responsible for any issues related to Buyer's internet connection, devices, or software that may affect their ability to access or use the Digital Product.
18. Disclaimer of Legal Advice
Our Digital Products are not intended to be and should not be construed as legal advice, and the Seller is not a law firm; if, after downloading the Digital Product, Buyer has any questions regarding the application or enforceability of the content, they should consult with a licensed attorney in their jurisdiction.
19. Intellectual Property Rights
The Digital Product, including all content, design, and intellectual property, is the exclusive property of the Seller and is protected by United States and international copyright, trademark, and other intellectual property laws. License rights for the Buyer are enumerated herein.
20. Unauthorized Use
Any unauthorized use, reproduction, or distribution of the Digital Product constitutes a violation of this Agreement and may result in legal action. Buyer agrees to indemnify and hold the Seller harmless from any claims, damages, or expenses arising from Buyer's breach of this section.
21. Disclaimer of Warranties
While we strive to satisfy our Buyers with our Digital Products, we cannot offer any warranties regarding the quality or enforceability of our Digital Products. The Seller makes no representations or warranties, express or implied, regarding the merchantability, fitness for a particular purpose, or legal effectiveness of the Contract. Buyer acknowledges that they are purchasing and using the Contract at their own risk and discretion.
22. No Guarantees
We are not a law firm or offer legal advice. We do not gather detail information on the intended use of our Digital Products. Consequently, the Seller does not guarantee that the Contract will meet Buyer's specific requirements or expectations. Furthermore, the enforceability of any provisions within the Contract may vary depending on jurisdiction and individual circumstances. Buyers are advised to seek professional legal advice to review and potentially modify the Contract to suit their specific needs and to ensure its enforceability in their jurisdiction.
23. Limitation of Liability
The Digital Product is provided "as is" without any warranties, express or implied. The Seller disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Buyer acknowledges that the use of the Digital Product is at their own risk.
In no event shall the Seller be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the purchase, use, or inability to use the Digital Product. This includes, but is not limited to, damages for loss of profits, business interruption, loss of data, or any other commercial or personal damages.
The Seller shall not be liable for any damages or losses resulting from the use of the Digital Product, including but not limited to any legal claims, disputes, or actions that may arise from the use of the customized legal documents created by Buyer. Buyer assumes full responsibility for ensuring that their customized documents comply with all applicable laws and regulations and does not infringe upon the rights of any third parties.
If in the event the Seller is found libel, the total liability of the Seller arising out of or in connection with our Digital Products, whether in contract, tort (including negligence), or otherwise, shall not exceed the purchase price paid by Buyer for the Digital Product.
This limitation of liability shall apply even if the Seller has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy.
24. Termination
The Seller reserves the right to terminate this Agreement and revoke Buyer's access to the Digital Product at any time if Buyer breaches any of the terms and conditions outlined herein. Upon termination, Buyer must immediately cease using the Digital Product and destroy any copies in their possession.
The Buyer has the right to terminate their license agreement at any time by ceasing use of the Digital Product and destroying all copies in their possession. However, if the Buyer violated the terms of service prior to termination, they remain liable for those violations. The relevant terms of purchase will continue to be enforceable even after the Buyer terminates the agreement.
Termination of this Agreement shall not relieve either party of any obligations or liabilities accrued prior to the termination date.
25. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida State, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in United States of America State of Florida.
In the event of any dispute arising out of or in connection with this Agreement, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the parties are unable to resolve the dispute through negotiation, they agree to submit the dispute to mediation before a mutually acceptable mediator group namely the American Arbitration association. The arbitration shall be conducted in USA Florida and the arbitrator's decision shall be final and binding on both parties.
26. Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving, to the fullest extent possible, the original intent of the parties.
27. Acknowledgment and Acceptance
By purchasing the Digital Product, Buyer acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Agreement. Buyer represents and warrants that they are of legal age and have the authority to enter into this Agreement.
28. Entire Agreement
This Agreement constitutes the entire understanding and agreement between the Seller and the Buyer with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings of the parties, whether oral or written. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless it is in writing and signed by both parties.
29. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given if provided in writing and delivered by email, or by overnight courier, to the addresses provided by each party. Notices sent by certified mail shall be deemed received five (5) business days after being deposited in the mail. Notices delivered in person, by email, or by overnight courier shall be deemed received on the date of delivery.
30. Assignment
The Buyer shall not assign, transfer, delegate, or subcontract any of their rights or obligations under this Agreement without the prior written consent of the Seller. Any purported assignment or delegation in violation of this clause shall be null and void. The Seller may assign this Agreement or any of its rights or obligations hereunder without the consent of the Buyer.
31. Survival
The provisions of this Agreement that by their nature should survive termination or expiration of this Agreement shall survive, including but not limited to the following sections: Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Governing Law and Dispute Resolution, Confidentiality, and any other provisions which by their nature are intended to survive.
32. Waiver
The failure of the Seller to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision.
33. Modifications to the Terms of Purchase
The Seller reserves the right to modify or replace these Terms of Purchase at any time. However, once a Digital Product is downloaded, the Terms of Purchase that were effective at the time of the download will govern that specific Digital Product in perpetuity, even if the Seller modifies or replaces these Terms of Purchase at a later date. The Buyer's continued use of the Website and any future purchases of Digital Products will be subject to the revised Terms of Purchase.
34. Interpretation of Headings
The titles and headings of the sections and clauses in this Agreement are provided for convenience and reference only. They do not define, limit, extend, or describe the scope or intent of any provisions herein. These headings shall not affect the interpretation or enforceability of any part of this Agreement. The order or placement of the clauses are in no means meant to affect the enforceability of this contract; they are merely set forth for convenience of reading. Please read the contract in full prior to accepting our purchase terms.
35. Feedback
If you have any comments on how to make these Purchase terms more customer-friendly without weakening their intent, please contact our Support as we are open to friendly suggestions. One of our goals is to make our Digital Products as attractive to everyone.