Oathmark Terms of Use

These Terms of Use (these “Terms”) are a binding agreement between Epic Sky, LLC, a Delaware limited liability company, d/b/a Oathmark (“Oathmark,” “we,” “us,” or “our”) and the business entity or professional-services firm accepting these Terms, and the individual accepting them on that entity’s behalf (“Client,” “you,” or “your”). Oathmark is operated through Rush Legal by Bryan Rush, an attorney based in Coral Springs, Florida.

If you accept these Terms for a firm or other organization, you represent and warrant that you have authority to bind that entity. By purchasing, accessing, or using the Service, including through an Engagement Link (defined below), you accept these Terms. If you do not agree, do not purchase or use the Service.

1. Service; Engagement Packages and Deliverables

1.1 Service. Oathmark is a paid, business-to-business AI-governance audit and insurance-readiness service for professional-services firms. The Service is designed to collect and assess information that Client provides about its use of artificial-intelligence tools, related governance practices, and selected insurance-readiness information.

1.2 Packages. Oathmark currently offers the following packages:

• Full AI Governance Audit — $3,000 one-time fee. This package includes an AI-governance engagement and the Deliverables described in Section 1.3.
• Insurance Renewal Package — $500 per year, recurring. This package is intended to support a subsequent insurance-renewal cycle and provides the scope stated at checkout or in the applicable order confirmation. It renews annually unless canceled in accordance with Section 5.
• Governance Subscription — $500 per month, recurring ($6,000/year equivalent). This package provides an ongoing AI-governance program, including continuously refreshed governance policy templates, a fresh intake and Oathmark review each monthly renewal cycle, always-current documentation, and access to Oathmark’s Continuous Monitoring feature (an optional browser extension that helps Client detect employee AI-tool usage between reviews and track completion of AI-policy training acknowledgments), together with an Employee AI-Monitoring Notice template Client may distribute to affected personnel as described in Section 1.3. This self-serve monthly price applies to firms of up to approximately 100 people; larger firms should contact Oathmark for custom pricing. It renews monthly unless canceled in accordance with Section 5.

Prices are in U.S. dollars unless stated otherwise at checkout. Oathmark may change prices or package scope prospectively under Section 16.

1.3 Deliverables. Depending on the package purchased and information reasonably available to Oathmark, the Service may produce:

• a written AI Governance Audit report;
• an insurance-ready exhibit summarizing AI-risk facts that Client may choose to provide to its cyber or errors-and-omissions insurance broker, carrier, or other insurance professional; and
• starting-point governance policy templates auto-drafted from Client’s intake answers, including an Acceptable Use Policy, a Data Governance & Privacy Policy, and a Vendor/Third-Party AI Risk Policy; and
• for Clients with Continuous Monitoring enabled, a starting-point Employee AI-Monitoring Notice template describing the browser extension and AI-policy training tracker, which Oathmark provides as a drafting aid only — Client remains solely responsible for reviewing, adapting, distributing, and obtaining any acknowledgment of that notice (or its own substitute notice) from its personnel in accordance with Section 4.2 and applicable law.

The report, exhibit, policy templates, employee-monitoring notice template, portal status information, and other materials Oathmark provides are collectively the “Deliverables.” The particular content, timing, and scope of Deliverables may depend on the package, Client’s timely completion and accuracy of intake materials, and Oathmark’s reasonable professional judgment.

1.4 No traditional account. Oathmark does not provide conventional username-and-password accounts to Clients. After payment, Oathmark provides access to a private engagement-status portal through a unique link associated with the relevant Stripe Checkout session (an “Engagement Link”). The portal may allow Client to complete intake forms, view engagement stage, exchange messages with Oathmark, and download completed reports using time-limited signed links.

2. Eligibility; Business Use Only

2.1 The Service is offered solely to businesses and professional-services firms, including their authorized personnel, and not for personal, family, household, or consumer use. Client represents that it is using the Service for a legitimate business purpose.

2.2 You must be at least eighteen (18) years old and have authority to act for Client. The Service is not directed to children, and Oathmark does not knowingly collect information from persons under age eighteen.

2.3 Client is responsible for ensuring that its use of the Service, its provision of information, and its use of Deliverables comply with applicable law, professional duties, contractual obligations, and internal policies.

3. Engagement Links; Portal Access and Security

3.1 Confidentiality of link. An Engagement Link functions as a means of access to Client’s engagement. Client must treat the link as confidential, use reasonable measures to prevent unauthorized disclosure or forwarding, and share it only with authorized personnel who need access for the engagement.

3.2 Responsibility for use. Client is responsible for activity conducted through its Engagement Link and for promptly notifying Oathmark at support@oathmark.ai if Client suspects the link has been lost, exposed, misdirected, or used without authorization. Oathmark may invalidate and replace a link in its reasonable discretion.

3.3 No absolute security guarantee. Although Oathmark uses the safeguards described in its Privacy Policy, no internet transmission, browser session, email delivery, or access-control mechanism is completely secure. Client should not transmit information through the portal that Client is not authorized to disclose or that is unnecessary for the requested engagement.

3.4 Portal communications. Portal messages are intended for engagement administration and communication. A message through the portal does not create an attorney-client relationship with Oathmark or Bryan Rush, and Client should not use the portal to seek legal advice or communicate privileged matter unless Client has separately entered into a written legal-engagement agreement with the applicable attorney.

4. Client Responsibilities; Intake Information

4.1 Client will provide information that is complete, accurate, current, and not misleading, including information concerning its AI tools, data practices, policies, incidents, insurance information, compliance interests, and business operations. Client will promptly update material information that could affect the engagement or Deliverables.

4.2 Client is solely responsible for determining whether it has the right to submit all information, documents, incident narratives, and other materials it provides (collectively, “Client Materials”). Client will obtain all notices, consents, authorizations, and permissions required to provide Client Materials to Oathmark and to permit Oathmark to process them to perform the Service.

4.3 Client will use reasonable data minimization. In particular, Client should not include unnecessary personal information, protected health information, payment-card information, trade secrets, privileged communications, or information subject to special legal, regulatory, contractual, or professional restrictions. If Client elects to submit an incident narrative that refers to its personnel, customers, clients, or other third parties, Client remains responsible for the lawful disclosure and appropriate redaction of that information.

4.4 Client acknowledges that the quality and completeness of Deliverables depend materially on Client Materials and Client’s answers. Oathmark is not responsible for outcomes caused by inaccurate, incomplete, outdated, withheld, or misleading Client Materials.

4.5 Client will provide reasonable cooperation and timely responses. Oathmark may reasonably pause, reschedule, limit, or close an engagement when Client fails to provide information or cooperation needed to perform the Service.

5. Fees, Billing, Renewals, Taxes, and Refunds

5.1 Payment processing. Fees are paid through Stripe Checkout and are subject to the payment terms presented at checkout and applicable Stripe terms. Oathmark does not receive or store Client’s raw payment-card number. Client authorizes the applicable charge and represents that its payment method is valid and that it is authorized to use it.

5.2 Full AI Governance Audit. The $3,000 Full AI Governance Audit fee is charged as a one-time payment at checkout unless another written arrangement signed by Oathmark states otherwise.

5.3 Governance Subscription. The $500 Governance Subscription fee is a recurring monthly charge. By purchasing it, Client authorizes Oathmark (through Stripe) to charge the applicable payment method each month until Client cancels. Each renewal begins a new intake cycle; continued access to refreshed Deliverables and the Continuous Monitoring feature depends on Client’s timely completion of that cycle’s intake. Client may cancel at any time using the self-serve “Cancel renewal” control in Client’s engagement portal, which stops future monthly charges effective at the end of the then-current billing period at no additional charge and without requiring any separate advance notice. A pending cancellation may be reversed before the current period ends using the “Resume subscription” control in the portal or by contacting Oathmark at support@oathmark.ai. Cancellation does not entitle Client to a refund for a billing period already paid, except as expressly provided in this Section 5 or required by law.

5.4 Insurance Renewal Package. The $500 Insurance Renewal Package is a recurring annual charge. By purchasing it, Client authorizes Oathmark (through Stripe) to charge the applicable payment method each year until Client cancels. Oathmark will provide any renewal notices required by applicable law. Cancellation will stop future renewal charges but ordinarily will not reverse charges already paid for a commenced or completed annual period.

5.5 Taxes. Fees exclude applicable sales, use, value-added, goods-and-services, withholding, or similar taxes, duties, or governmental charges, except taxes based on Oathmark’s net income. Client is responsible for such amounts if applicable.

5.6 Refund policy. A Client that purchased a Full AI Governance Audit may request a refund before it submits intake information and before Oathmark has begun substantive work on the engagement. Once Client submits intake information or Oathmark has materially begun review, analysis, drafting, report preparation, or other substantive work, the fee is non-refundable except as Oathmark may determine in writing in its reasonable discretion. For the Insurance Renewal Package, fees are non-refundable once the applicable annual period has begun or Oathmark has begun substantive work for that renewal period. For the Governance Subscription, fees are non-refundable once the applicable monthly period has begun or Oathmark has begun substantive work for that renewal cycle. Nothing in this Section limits any non-waivable right under applicable law.

5.7 Chargebacks. Before initiating a payment dispute or chargeback, Client will contact Oathmark at support@oathmark.ai and provide a reasonable opportunity to resolve the issue. This does not limit Client’s rights that cannot lawfully be waived.

6. Prominent Professional, Legal, Compliance, and Insurance Disclaimers

6.1 NOT LEGAL ADVICE. THE SERVICE AND DELIVERABLES ARE INFORMATIONAL, OPERATIONAL, AND STARTING-POINT MATERIALS ONLY. THEY ARE NOT LEGAL ADVICE, DO NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP, AND ARE NOT A SUBSTITUTE FOR CLIENT’S OWN QUALIFIED LEGAL COUNSEL, PRIVACY COUNSEL, COMPLIANCE PROFESSIONALS, SECURITY PROFESSIONALS, OR OTHER ADVISERS. CLIENT MUST HAVE QUALIFIED ADVISERS REVIEW AND ADAPT ANY DELIVERABLE BEFORE ADOPTION OR RELIANCE, PARTICULARLY WHERE PROFESSIONAL ETHICS, CONFIDENTIALITY, PRIVACY, SECURITY, FINANCIAL-SERVICES, INSURANCE, OR OTHER REGULATORY OBLIGATIONS MAY APPLY.

6.2 NO INSURANCE GUARANTEE. OATHMARK IS NOT AN INSURER, INSURANCE PRODUCER, OR INSURANCE BROKER IN CONNECTION WITH THE SERVICE. THE INSURANCE-READY EXHIBIT IS NOT AN INSURANCE APPLICATION, BINDER, QUOTE, REPRESENTATION TO AN INSURER, OR RECOMMENDATION TO PURCHASE, RENEW, OR MODIFY INSURANCE. OATHMARK DOES NOT GUARANTEE INSURABILITY, COVERAGE, PREMIUMS, LIMITS, TERMS, RENEWAL, CLAIM PAYMENT, UNDERWRITING APPROVAL, OR ANY INSURER’S DECISION. CLIENT IS RESPONSIBLE FOR CONFIRMING ALL INFORMATION PROVIDED to any broker, carrier, or insurer and for consulting its own licensed insurance professional.

6.3 NO COMPLIANCE OR OUTCOME GUARANTEE. Oathmark does not guarantee that Client, its AI use, its policies, or its operations comply with any law, regulation, professional rule, contractual requirement, security standard, insurer requirement, or framework, including any framework identified by Client. References to frameworks or industry practices are not a certification, audit opinion, legal conclusion, or assurance of conformity. The Service is not a substitute for a formal legal, regulatory, security, privacy, accounting, or certification assessment.

6.4 AI-assisted workflow. Oathmark personnel and tools may use third-party artificial-intelligence tools to assist in preparing Deliverables. Oathmark does not use Client-submitted content to train an AI model. AI-assisted output can contain errors, omissions, or inappropriate generalizations and must be independently reviewed by Client and its qualified advisers before reliance or adoption.

7. Client Materials; License; Confidentiality

7.1 Client ownership. As between the parties, Client retains ownership of Client Materials, subject to the limited license in this Section.

7.2 License to Oathmark. Client grants Oathmark a non-exclusive, worldwide, royalty-free right during the engagement and retention period to host, store, reproduce, analyze, transmit to its service providers, and otherwise process Client Materials solely as reasonably necessary to provide, secure, support, improve the administration of, and comply with legal obligations relating to the Service. Oathmark will not use Client Materials to train an AI model.

7.3 Confidential handling. Oathmark will use reasonable care to protect Client Materials from unauthorized use or disclosure and will use Client Materials only as permitted by these Terms, the Privacy Policy, or applicable law. Oathmark may disclose Client Materials to personnel and service providers who need access for the foregoing purposes and are subject to confidentiality obligations or legal duties of confidentiality, and where disclosure is required by law, lawful process, or protection of rights, property, or safety.

7.4 Exclusions. Confidentiality obligations do not apply to information that Oathmark can demonstrate: (a) is or becomes public through no breach by Oathmark; (b) was lawfully known to Oathmark without restriction before disclosure; (c) is lawfully received from a third party without duty of confidentiality; or (d) is independently developed without use of Client Materials.

8. Deliverables; Intellectual Property; License to Client

8.1 Client use of purchased Deliverables. Upon Client’s full payment of applicable fees, Oathmark grants Client a perpetual, non-exclusive, non-transferable (except with a permitted assignment under Section 19), worldwide license to use, reproduce, internally distribute, and modify the final Deliverables delivered for Client’s internal business purposes. Client may provide the insurance-ready exhibit to its brokers, carriers, and professional advisers for Client’s insurance, governance, compliance, or advisory purposes.

8.2 No unrestricted redistribution. Client may not sell, license, publish, publicly post, offer as a service bureau, or distribute Deliverables as a standalone product or template library to third parties, except for limited sharing with Client’s personnel, prospective insurers, brokers, and professional advisers for Client’s own purposes.

8.3 Oathmark retained intellectual property. Oathmark and its licensors retain all right, title, and interest in the Service, Oathmark name and marks, portal, software, audit methodology, scoring or assessment concepts, know-how, template architecture, prompts, generalized language, processes, and all other materials not uniquely contained in Client Materials (collectively, “Oathmark Materials”). Deliverables may incorporate Oathmark Materials. No ownership of Oathmark Materials transfers to Client.

8.4 Feedback. If Client gives suggestions, comments, or feedback about the Service, Oathmark may use it without restriction or compensation, provided it does not identify Client or disclose Client Materials contrary to Section 7.

9. Acceptable Use

Client will not, and will not permit any person to:

• use the Service or Deliverables for unlawful, fraudulent, deceptive, harmful, or infringing purposes;
• submit Client Materials that Client lacks authority to provide or that violate another person’s rights;
• attempt to gain unauthorized access to the portal, another engagement, systems, networks, or data;
• disclose, sell, publish, or knowingly allow unauthorized use of an Engagement Link or signed report-download link;
• interfere with the operation, security, or integrity of the Service, including by introducing malware, probing, scanning, or attempting to bypass access controls;
• reverse engineer, decompile, disassemble, or attempt to derive source code from the Service, except to the limited extent such restriction is prohibited by law;
• remove proprietary notices from Deliverables or Oathmark Materials; or
• use the Service or Deliverables to develop, benchmark, or provide a substantially competing service, except that Client may use Deliverables for its own internal governance purposes.

Oathmark may investigate suspected violations and suspend access or take other reasonable action under Section 15.

10. Confidentiality of Oathmark Materials

Client will protect Oathmark’s non-public Oathmark Materials using at least reasonable care and will not disclose them except to personnel and professional advisers who need to know them for Client’s authorized use and are bound by confidentiality obligations. This Section does not prevent disclosure required by law or lawful process, provided Client gives Oathmark prompt notice if legally permitted and reasonably cooperates with Oathmark’s efforts to seek protective treatment.

11. Disclaimers of Warranties

EXCEPT FOR ANY EXPRESS WRITTEN COMMITMENT IN THESE TERMS, THE SERVICE AND DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, OATHMARK DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, AND UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION. OATHMARK DOES NOT WARRANT THAT THE SERVICE OR DELIVERABLES WILL MEET CLIENT’S REQUIREMENTS; IDENTIFY EVERY AI, PRIVACY, SECURITY, ETHICS, INSURANCE, OR COMPLIANCE RISK; OR PREVENT A CLAIM, INCIDENT, LOSS, REGULATORY INQUIRY, OR INSURANCE OUTCOME.

12. Limitation of Liability

12.1 Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR DELIVERABLES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Liability cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OATHMARK’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR DELIVERABLES WILL NOT EXCEED THE AMOUNT CLIENT PAID TO OATHMARK FOR THE SPECIFIC PACKAGE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

12.3 Exceptions. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law. The limitations in this Section do not limit Client’s payment obligations or liability for its breach of Sections 3, 7, 8, 9, or 10, or for Client’s indemnification obligations.

12.4 Allocation of risk. Client acknowledges that the fees reflect the allocation of risk in these Terms and that Oathmark would not provide the Service on the same basis without these limitations.

13. Indemnification

Client will defend, indemnify, and hold harmless Oathmark, Rush Legal, Bryan Rush, and their respective officers, personnel, contractors, agents, successors, and assigns from and against any third-party claim, demand, action, investigation, loss, liability, damage, cost, or expense (including reasonable attorneys’ fees) arising from or relating to: (a) Client Materials, including an allegation that Client lacked authority to submit them; (b) Client’s use, adoption, modification, distribution, or reliance on Deliverables; (c) Client’s breach of these Terms; (d) Client’s violation of law, professional duty, or third-party rights; or (e) any information Client provides to a broker, carrier, insurer, regulator, customer, or other third party. Oathmark will promptly notify Client of a claim, permit Client to control the defense and settlement, and reasonably cooperate at Client’s expense; Client may not settle a claim in a manner that admits fault by or imposes non-monetary obligations on an indemnified party without Oathmark’s prior written consent.

14. Third-Party Services

The Service uses third-party providers, including Stripe for payment processing, Supabase for database and private file storage, Resend for transactional email, and Vercel for hosting, serverless computing, DNS, and content delivery. Those providers’ services may be subject to their own terms and privacy policies. Oathmark is not responsible for third-party services except to the extent required by applicable law. Additional information is in the Privacy Policy.

15. Suspension and Termination

15.1 Oathmark may suspend or restrict portal access, invalidate an Engagement Link, or terminate an engagement if Oathmark reasonably believes Client has breached these Terms, created a security risk, used the Service unlawfully, failed to pay amounts due, or made performance impracticable or unsafe.

15.2 Client may stop using the Service at any time. Client may cancel a recurring subscription package at any time before its next renewal date using the self-serve “Cancel renewal” control available in Client’s engagement portal, which schedules cancellation to take effect at the end of the then-current billing period at no additional charge and without affecting Client’s access or coverage for the remainder of that period. Client may also request cancellation by contacting Oathmark at support@oathmark.ai. Before the scheduled cancellation date, Client may reverse a pending cancellation using the “Resume subscription” control in the portal or by contacting Oathmark. Termination or cancellation does not entitle Client to a refund except as expressly provided in Section 5 or required by law.

15.3 Upon termination, Client’s portal access may end and Oathmark may retain or delete Client Materials and Deliverables in accordance with the Privacy Policy, applicable law, legal obligations, and any lawful preservation need. Sections that by their nature should survive will survive, including Sections 4 through 14 and 17 through 20.

16. Changes to the Service or Terms

Oathmark may modify, suspend, or discontinue any portion of the Service, including packages, portal functionality, templates, and methodologies, on a prospective basis. Oathmark may amend these Terms by posting updated Terms on the Service or otherwise providing notice. Changes apply prospectively from the stated effective date. If a material change adversely affects an active paid engagement, Oathmark will use reasonable efforts to provide notice and, if Client does not agree, Client’s remedy is to discontinue future use and contact Oathmark to discuss the affected engagement. Continued use after the effective date constitutes acceptance to the extent permitted by law.

17. Governing Law; Dispute Resolution

17.1 Governing law. These Terms and any dispute arising from them are governed by the laws of the State of Florida, without regard to conflict-of-laws principles.

17.2 Binding arbitration with Florida venue. Except for either party’s right to seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect confidential information, intellectual property, or access security, any dispute arising out of or relating to these Terms, the Service, or Deliverables will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its then-current Commercial Arbitration Rules. The arbitration will take place in Broward County, Florida, unless the parties agree otherwise, and judgment on the award may be entered in any court of competent jurisdiction. THE PARTIES WAIVE TRIAL BY JURY AND THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, TO THE EXTENT PERMITTED BY LAW.

17.3 Informal resolution. Before filing a claim or initiating arbitration, the complaining party will provide written notice describing the dispute and requested relief and give the other party thirty (30) days to attempt good-faith informal resolution.

18. Force Majeure

Neither party will be liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, fire, flood, pandemic, war, terrorism, civil unrest, labor dispute, government action, utility or telecommunications failure, widespread internet disruption, or third-party service outage. The affected party will use reasonable efforts to mitigate the effect and resume performance. This Section does not excuse Client’s obligation to pay fees already due.

19. Assignment

Client may not assign or transfer these Terms, an engagement, an Engagement Link, or its rights or obligations without Oathmark’s prior written consent, except to a successor in connection with a merger, acquisition, reorganization, or sale of substantially all of Client’s assets, provided the successor agrees in writing to these Terms. Oathmark may assign these Terms to an affiliate or in connection with a merger, financing, reorganization, sale of assets, or successor operation of the Service.

20. General

20.1 Entire agreement. These Terms, the Privacy Policy, the applicable checkout page, and any mutually executed written order or legal-engagement agreement constitute the entire agreement concerning the Service and supersede prior or contemporaneous understandings on that subject. If a mutually executed written agreement expressly conflicts with these Terms, that agreement controls to the extent of the conflict.

20.2 Severability; waiver. If any provision is held unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions remain in effect. A waiver must be in writing and is not a continuing waiver.

20.3 Independent parties. The parties are independent contractors. These Terms do not create a partnership, joint venture, fiduciary relationship, employment relationship, agency, or attorney-client relationship.

20.4 Notices. Notices to Oathmark must be sent to legal@oathmark.ai or to Oathmark’s registered address, 5550 Glades Road, Suite 610, Boca Raton, Florida 33431. Oathmark may send notices to the email address Client provided, through the portal, or by posting on the Service.

20.5 Electronic records. Client agrees that electronic communications, portal records, and electronic acceptance may satisfy legal requirements for written notices and signatures to the extent permitted by law.

21. Contact Information

Questions about these Terms or the Service may be sent to:

Epic Sky, LLC, d/b/a Oathmark
Attn: Oathmark
5550 Glades Road, Suite 610, Boca Raton, Florida 33431
Email: support@oathmark.ai