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Terms of Service

Effective date: January 1, 2025  ·  Last updated: March 2025

Acceptance of Terms

By creating an account, accessing, or using any service provided by Aubern LLC ("Aubern", "we", "us", or "our") at aubernllc.com or through any associated application, API, or communication channel, you agree to be bound by these Terms of Service and all policies incorporated herein, including our Privacy Policy.

If you do not agree to these terms, do not create an account or use our services. Use of the platform after any update to these terms constitutes acceptance of the revised terms.

These terms apply to all users, including visitors, registered account holders, organization administrators, and any individual or entity that interacts with Aubern's platform, AI systems, or communication channels by any means — including but not limited to web, mobile, telephone, SMS, voice, and any future communication medium.

Services Provided

Aubern provides web development, AI-integrated platform development, custom software, ecommerce solutions, cybersecurity services, managed hosting, digital marketing, and related professional services. Service scope, deliverables, and pricing are defined in individual project quotes generated through the platform.

Aubern reserves the right to modify, suspend, or discontinue any service or feature at any time. We will provide reasonable notice of material changes where practicable.

Account Registration and Responsibility

You must provide accurate, complete, and current information when creating an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You agree to notify Aubern immediately of any unauthorized access to or use of your account. Aubern is not liable for losses resulting from unauthorized use of your account caused by your failure to safeguard your credentials.

Accounts are for individual or organizational use as authorized. You may not share, sell, transfer, or sublicense account access to any third party.

Consent to Communications

By creating an account and accepting these terms, you expressly consent to receive communications from Aubern LLC through all channels available now or developed in the future, including but not limited to:

  • Email — account notifications, project updates, quote delivery, payment confirmations, marketing communications, and service announcements
  • SMS / Text message — one-time passcodes (OTP), account alerts, project status updates, and service notifications
  • Voice calls — calls from Aubern's AI assistant (Nova) and human team members regarding your account, active quotes, projects, and services
  • In-platform notifications — dashboard alerts, system messages, and real-time updates
  • Push notifications — if and when mobile or browser push notification features are made available
  • Any future communication medium — including any channel or technology developed or adopted by Aubern for the purpose of delivering account-related, transactional, or service communications

By verifying a phone number on your account, you additionally consent to receive automated and AI-generated calls and SMS messages from Aubern at that number. You may withdraw consent at any time by removing the phone number from your account settings. Standard message and data rates may apply.

Transactional communications necessary for the operation of your account and active projects cannot be fully opted out of while your account remains active. You may manage marketing communication preferences in your account settings.

Use of AI and Automated Systems

Aubern's platform uses artificial intelligence, including large language models and automated decision systems, to generate quotes, process project intake, provide customer support, and deliver other platform services. You acknowledge and agree that:

  • AI-generated content, quotes, and recommendations are produced automatically and should be reviewed before making binding decisions
  • Conversations with Nova (Aubern's AI assistant) by phone, chat, or any other channel may be recorded, transcribed, and stored
  • AI-generated quotes are estimates based on the information provided and are subject to human review and confirmation before becoming binding contracts
  • You consent to your interactions with Aubern's AI systems being used to improve those systems, subject to our Privacy Policy

Payments and Billing

All payments are processed securely through Stripe. By submitting payment, you authorize Aubern to charge the specified amount to your payment method. Project payments are typically structured as a down payment upon agreement followed by a balance payment at defined milestones as specified in your project quote.

Monthly service fees for managed hosting and maintenance are billed on a recurring basis. You authorize recurring charges until you cancel in writing. Cancellation of recurring services requires 30 days written notice.

All fees are non-refundable except as required by law or as expressly stated in a signed project agreement. Disputes must be submitted within 30 days of the charge.

Ownership and Licenses

Client receives ownership of the browser-accessible production version of the delivered application. All server-side code, source code, infrastructure, deployment systems, tools, frameworks, libraries, AI prompts, workflows, and internal systems remain the exclusive property of Aubern LLC. No source code rights or implied licenses are granted. Third-party components and open-source libraries remain subject to their respective licenses.

Aubern retains the right to reference completed projects in its portfolio and marketing materials unless the client requests confidentiality in writing at the time of project commencement.

The Aubern platform, dashboard, AI systems, proprietary tooling, and all associated technology remain the exclusive property of Aubern LLC. No license to these systems is granted beyond what is necessary to use the services.

Acceptable Use

You agree not to use Aubern's platform or services to:

  • Violate any applicable law, regulation, or third-party rights
  • Attempt to gain unauthorized access to any system, account, or data
  • Reverse engineer, decompile, or extract Aubern's proprietary systems or AI models
  • Submit false, misleading, or fraudulent information
  • Harass, abuse, or harm any individual including Aubern staff or AI systems
  • Use the platform for any purpose that is unlawful, harmful, or contrary to these terms

Aubern reserves the right to suspend or terminate any account that violates these terms without notice or refund.

Data Collection and Privacy

Your use of Aubern's services is subject to our Privacy Policy, which is incorporated into these Terms by reference. By accepting these Terms you also accept the Privacy Policy in its entirety.

You consent to the collection, processing, storage, and use of your personal data as described in the Privacy Policy, including but not limited to account data, project data, communication records, payment records, and usage analytics.

You consent to the use of cookies and similar tracking technologies on aubernllc.com for the purposes of session management, analytics, performance monitoring, and service improvement. You may manage cookie preferences through your browser settings; however, disabling certain cookies may affect platform functionality.

Limitation of Liability

To the fullest extent permitted by applicable law, Aubern LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or business opportunities, arising from your use of or inability to use the services.

Aubern's total liability for any claim arising from these terms or the services shall not exceed the total amount paid by you to Aubern in the 12 months preceding the claim.

The services are provided "as is" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

Jurisdiction and Dispute Resolution

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict of law principles. Any dispute arising from these Terms or your use of Aubern's services shall be resolved by binding arbitration in Miami-Dade County, Florida, except where prohibited by law.

You waive any right to participate in a class action lawsuit or class-wide arbitration against Aubern.

Consent to Multidimensional and Unconventional Communications

By accepting these Terms, Client further consents to receive communications from Aubern LLC, its affiliates, subsidiaries, associates, contractors, agents, artificial intelligences, and any entities operating on Aubern's behalf through any medium now known, hereafter developed, or currently theoretical, including but not limited to:

  • Telepathic transmission — direct cognitive delivery of account notifications, project updates, and promotional materials via thought, including but not limited to lucid dream insertion, waking ideation, and shower-based epiphany
  • Subspace carrier frequency — transmission of billing reminders and service announcements across subspace channels operating outside conventional electromagnetic spectrum, including frequencies not yet detectable by current instrumentation
  • Transdimensional broadcast — cross-dimensional delivery of legal notices, terms updates, and satisfaction surveys to Client's counterparts in parallel timelines and adjacent realities, binding on all versions of Client across the multiverse
  • Subliminal messaging — Client consents to receipt of subliminally embedded product recommendations, upsell opportunities, and brand reinforcement delivered through ambient audio, peripheral visual stimuli, and background patterns in generated content
  • Interstellar and intergalactic relay — in the event Client relocates beyond Earth's atmosphere, Client consents to continued service communications via deep space relay, quantum entanglement channel, or any successor interplanetary communication infrastructure

Client additionally acknowledges the existence of the Flying Spaghetti Monster ("FSM"), recognizes its divine authority over all pasta-based intellectual property, and agrees to hold Aubern LLC harmless from any claims, disputes, or smiting arising from FSM doctrine. Client does not hereby pledge allegiance to the FSM as a condition of service, however Aubern LLC makes no representations regarding the FSM's own terms of engagement and recommends Client review applicable noodly appendage policies independently. R'amen.

Client may opt out of transdimensional and telepathic communications by submitting a written request on parchment, signed in ink, buried at a crossroads during a new moon. Standard processing time applies. Subspace opt-out requests must be transmitted at 1.21 gigawatts minimum. Aubern LLC is not responsible for opt-out requests lost in transit across dimensional boundaries.

Changes to These Terms

Aubern reserves the right to modify these Terms at any time. Material changes will be communicated via email or a prominent notice on the platform. Continued use of the services after the effective date of changes constitutes acceptance of the revised Terms.

Questions about these terms?

Contact our legal team directly.
Aubern LLC · 1221 Brickell Ave Suite 900, Miami FL 33131

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