DRAFT — not yet in effect. Pending counsel review.

Terms of Service — DRAFT v0.3

Status: Working draft for collaborative editing and counsel review. Not legal advice. Do not publish. Effective date: [EFFECTIVE DATE] · Version: tos-v0.3-draft (v0.3: Privacy-v0.3 alignment incl. chat-input no-training, usage-limits/fair-use §5.1, EU/UK/Canada consumer overhaul — DCD conformity + free tier, withdrawal mechanics, Quebec CPA change notices + French clause, Canada-wide arbitration carve-out — click-to-cancel + renewal reminders, statutorily complete DMCA §8, FAA/small-claims/public-injunction/opt-out hardening in §14.2, NJ TCCWNA clause) Checklist: tos-checklist.md

Service: InspiMark (“InspiMark,” “we,” “us,” “our”) at https://inspimark.com Operator: HWGA LLC Notices / postal: HWGA LLC Attn: Nicholas Losciuto 7483 Teasdale Ave Saint Louis, MO 63130 Contact:

By creating an account or using InspiMark, you agree to these Terms. You also acknowledge our Privacy Policy.

1. The service

InspiMark is a private personal library for content you choose to save—articles, documents, videos, posts, notes, and related materials—together with tools such as search, transcription, summaries, collections, organizational views, and optional AI assistance.

We may change, add, or discontinue features where we have a valid reason — for example legal or security requirements, technical changes, or improving or retiring parts of the product. If a change materially reduces what your plan offers (paid or free), we will give you clear advance notice, and if it significantly affects your access to or use of the service, you may end your contract — with a pro-rated refund of any prepaid amounts on a paid plan — consistent with §3 and applicable law.

Beta or experimental features may be labeled as such and are provided as-is.

2. Eligibility and accounts

3. Free and paid plans; Paddle billing (merchant of record)

InspiMark may offer free and paid plans. Paid plan pricing, taxes, and billing cycle are shown at purchase (including any free-trial conversion terms).

Merchant of record. Paid plans are sold through Paddle (Paddle.com Market Ltd and/or Paddle.com Inc., depending on your location —), which acts as the merchant of record for all purchases, US and international. Your purchase is completed under Paddle’s Checkout Buyer Terms, and Paddle handles payment processing, applicable sales tax/VAT collection and remittance, invoices/receipts, and payment-related support. We do not store full payment-card numbers on InspiMark servers; Paddle processes payment data under its own terms and privacy notice.

Auto-renewal. Paid plans renew automatically at the end of each billing period unless you cancel before renewal. You authorize Paddle to charge the payment method on file for each renewal. For annual plans, and wherever the law requires it, we or Paddle will email you a reminder with cancellation instructions before you are charged for a renewal.

Cancellation (“click to cancel”). You can cancel online at any time, and canceling is at least as easy as signing up: use the billing controls in your account settings, or the subscription-management link in any Paddle receipt email — no phone call, chat session, or retention offer required. (If self-serve controls are ever temporarily unavailable, email support@inspimark.com and we will process the cancellation.) Cancellation stops future renewals; you keep paid features until the end of the current billing period. Canceling does not delete your library unless you also delete content or your account.

Price and plan changes. We will give advance notice of material price increases affecting your renewal where required by law. If we materially reduce core paid functionality mid-term, we will provide notice and, where required by law, a pro-rated refund or the option to cancel.

Refunds. Except where required by law (including any applicable cooling-off rights) or by Paddle’s buyer terms, fees are non-refundable. Refunds, where due, are processed through Paddle. If you are a consumer in the EEA or UK, you have a 14-day right to withdraw from a paid purchase. For subscriptions (a digital service), if you ask us to start right away and then withdraw within those 14 days, you pay only a proportionate amount for the time before you withdrew; the right ends early only once the service has been fully performed with your prior express consent. For any one-off digital content we may sell, the right is lost when delivery begins with your express consent and your acknowledgment that you lose it. Paddle’s checkout presents the required consents when we sell to you; your statutory rights are unaffected.

Free trials. If a free trial converts to a paid plan, we will disclose the conversion terms before you start, remind you before the trial ends where the law requires it (and in any case for trials longer than 31 days), and charge only after the trial ends unless you cancel first.

4. Your library (user content)

4.1 Ownership

You retain ownership of content you create in InspiMark (notes, collection structure, highlights, and similar materials you author).

4.2 License to us

You grant HWGA LLC a limited, non-exclusive, revocable license to host, store, process, transcribe, embed, index, display, and otherwise use your library solely to provide the service back to you and as required by law. We may use subprocessors for that purpose under contract.

We do not take a broad license to use your content for advertising, sale, or unrestricted sublicensing.

4.3 No AI training on your content or chats

We do not use your library content or your AI chat inputs to train foundation models or other AI models (ours or third parties’) unless you later opt in to a clearly separate optional program. When AI features call third-party model APIs, content is processed only to return results to you (e.g. a summary or chat answer), under our vendor agreements. (These are the categories our Privacy Policy calls “Content” and “Interactive Chat Information” — see Privacy Policy §3.4 and §3.7.)

4.4 Your responsibility for what you save

You may only save content you have the right to save (for example, personal, non-commercial reference use of materials you lawfully access). You must not use InspiMark to store content obtained unlawfully.

InspiMark stores copies, transcripts, and derivatives at your direction as part of your private library. You remain responsible for compliance with third-party rights and platform terms (including X, YouTube, Spotify, and publishers). v1 does not include Gmail or Outlook inbox connection; if those ship later, additional terms will apply.

4.5 Private by default; share links

Your library is private to your account unless you choose to share. If you create a share link for an item or a collection, anyone who has that link can view the shared content — no InspiMark account required — until the link expires or you revoke it. You can set an expiry, rotate a link, or revoke it at any time in the product; revoking immediately disables the link. Only share content you have the right to share: you must not use share links to redistribute third-party copyrighted works to the public.

4.6 Deletion and export

Export. While your account is active, you may export library data using in-product export tools (including JSON export of items, collections, tags, notes, and bookmarks). You may also email support@inspimark.com for help with export. We will honor access/portability requests within the timeframes required by law (and aim to complete manual requests within 45 days).

Content deletion. You may delete individual items or empty trash in the product. Soft-deleted content may remain recoverable until permanently removed from trash per product behavior.

Account deletion. You may request account deletion by emailing privacy@inspimark.com from your account email (self-serve account delete may be added later). After we verify the request:

4.7 Usage data and deidentified data

We collect and use User Activity Information (how you use the service — not the substance of your private library) and may create deidentified or aggregated data, in each case as described in the Privacy Policy (§2.3, §3.4, §3.9). To the extent any of that requires a license from you, you grant us one for those purposes only. This section does not expand §4.2's license to your library content, and §4.3's no-training commitment is unaffected.

5. Acceptable use

You agree not to:

We may investigate suspected violations and take proportionate action, including removing content, limiting features, or suspending or terminating the account (§13).

5.1 Usage limits and fair use

InspiMark enforces technical limits to keep the service fast, affordable, and fair:

Current numeric limits are shown in the product where you encounter them and may change as the service evolves.

6. AI features

InspiMark may offer AI-assisted features (transcription, summarization, embeddings, chat, and organizational views).

7. Our intellectual property

InspiMark branding, software, and site design are owned by HWGA LLC or its licensors. These Terms do not transfer that ownership to you. Feedback you provide may be used freely to improve the service.

8. Copyright / DMCA

If you believe content stored on InspiMark infringes your copyright, send a notice to our designated agent (U.S. Copyright Office DMCA Designated Agent Directory, Registration No. DMCA-1075369):

Email: copyright@inspimark.com (subject line: “DMCA Notice”) Phone: (314) 753-8282 Mail: Nicholas Losciuto, DMCA Agent HWGA LLC 7483 Teasdale Ave Saint Louis, MO 63130

Notices must include the elements required by 17 U.S.C. §512(c)(3):

  1. Identification of the copyrighted work you claim was infringed (or, if one notice covers multiple works, a representative list);
  2. Identification of the material you claim is infringing and information reasonably sufficient for us to locate it (for example, the item or share-link URL);
  3. Your name, mailing address, telephone number, and email address;
  4. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  5. A statement that the information in the notice is accurate and — under penalty of perjury — that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  6. Your physical or electronic signature.

Our process. On receipt of a compliant notice we will remove or disable access to the identified material and notify the affected user. We will terminate, in appropriate circumstances, the accounts of repeat infringers.

Counter-notice. If your material was removed and you believe that was a mistake or the material was misidentified, you may send a counter-notice to the agent above containing the elements of 17 U.S.C. §512(g)(3):

  1. Identification of the removed material and where it appeared before removal;
  2. A statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification;
  3. Your name, address, and telephone number;
  4. A statement that you consent to the jurisdiction of the federal district court for the district where your address is located (or, if you are outside the United States, the Eastern District of Missouri, where we may be found), and that you will accept service of process from the person who sent the original notice or their agent;
  5. Your physical or electronic signature.

We will promptly send a copy of your counter-notice to the original claimant. Unless the claimant notifies us that they have filed a court action seeking to restrain the allegedly infringing activity, we will restore the material no sooner than 10 and no later than 14 business days after we receive your counter-notice.

Our designated agent is registered with the U.S. Copyright Office — Registration No. DMCA-1075369, effective July 10, 2026.

9. Third-party services

Integrations (e.g. X, YouTube, Spotify) are subject to those providers’ terms. We do not control third-party platforms. Embeds and bookmarks may open or stream on the third-party service rather than hosting full media files.

Payments are sold and processed by Paddle as merchant of record, as described in §3.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS; THOSE LIMITATIONS MAY NOT APPLY TO YOU.

We do not warrant uninterrupted or error-free operation, or that content will never be lost—though we take reasonable care and provide export tools.

If you are a consumer in the EEA, UK, or Canada: the law gives you guarantees that a digital service must conform to the contract — for example, that it works as described and as you can reasonably expect. Those guarantees apply to InspiMark including the free tier (in the EEA and UK they apply whenever you provide personal data to use a service), and nothing in this section limits them. The disclaimers above apply to you only to the extent your local law allows.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM OR (B) USD $100 IF YOU USE ONLY A FREE TIER.

WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR DATA, EXCEPT WHERE PROHIBITED BY LAW.

Carve-outs: Nothing in these Terms limits or excludes our liability for (a) death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation, (c) intent or gross negligence, or (d) anything else that cannot be limited or excluded under applicable law, including your non-waivable statutory rights as a consumer. If you are a consumer in the EEA, UK, or Canada, the cap and exclusions above apply to you only to the extent your local law allows.

12. Indemnity

You agree to compensate HWGA LLC for losses from third-party claims to the extent they are caused by content you save or share in breach of these Terms, or by your unlawful use of the service. If you are a consumer, this applies only to the extent you are at fault and only as far as your local law allows, and you are not required to fund our legal defense.

New Jersey residents. In New Jersey, §§10–12 apply only to the extent New Jersey law permits. They do not limit or waive your rights, or our liability to you, under the New Jersey Consumer Fraud Act, the Truth-in-Consumer Contract, Warranty and Notice Act, the Punitive Damages Act, or the Products Liability Act; they do not exclude liability for our negligence or willful misconduct where New Jersey law forbids that; and §12 does not require you to defend or indemnify us for our own negligence or misconduct.

13. Suspension and termination

You may stop using InspiMark and request account deletion at any time (§4.6).

We may suspend or terminate access for material violations of these Terms, non-payment, legal risk, or security reasons. Unless immediate action is required (for example a serious breach, a security threat, or a legal obligation), we will give you reasonable advance notice — at least 30 days if we close your account without a breach by you. After termination you will have a 30-day window to export your library, using the tools in §4.6 or by emailing support@inspimark.com if your access is suspended, before permanent deletion — unless the law requires us to withhold access.

Provisions that by nature should survive (IP, disclaimers, liability limits, disputes, indemnity) survive termination.

14. Disputes; arbitration (United States)

Governing law. These Terms are governed by the laws of the State of Missouri, USA, excluding conflict-of-law rules. If you are a consumer in the EEA, UK, or Canada, you also benefit from the mandatory consumer-protection laws of the country (and, in Canada, the province or territory) where you live, and nothing in this choice of law takes that protection away from you.

14.1 If you reside in the EEA, UK, or Canada

The arbitration agreement and class waiver in §14.2 do not apply to you. You may bring claims in the courts of your place of residence under your local law, and we will bring any claim against you as a consumer only in those courts. For Quebec consumers, nothing in these Terms limits your rights under the Consumer Protection Act, including the right to go to court and to participate in class actions.

14.2 Binding arbitration; class waiver (United States)

Please read carefully. If you reside in the United States, you and HWGA LLC agree to resolve disputes through binding individual arbitration, not court trials or class actions, except as stated below.

15. Changes to these Terms

We may update these Terms for valid reasons, such as changes in law, new or changed features, or security needs. For material changes we will give at least 30 days' advance notice (email and/or in-app) describing what is changing and the effective date. If you do not agree, you may cancel and export before the effective date; on a paid plan we will refund prepaid amounts for the period after cancellation where the law requires. Continued use after the effective date constitutes acceptance where permitted by law.

Quebec consumers: for any change to these Terms we will send you a written notice at least 30 days before it takes effect, setting out the new clause (or the amended clause and how it read formerly) and the date it takes effect. You may refuse the change and cancel your contract without cost or penalty, as provided by the Consumer Protection Act.

We will log which version you accepted and when (product dependency: clickwrap + version stamp).

16. Miscellaneous

17. Contact

Inquiries: support@inspimark.com (support) · privacy@inspimark.com (privacy) · copyright@inspimark.com (DMCA) · legal@inspimark.com / tos@inspimark.com (legal / Terms) Mail: HWGA LLC, Attn: Nicholas Losciuto, 7483 Teasdale Ave, Saint Louis, MO 63130