Terms of Service

Effective Date: July 15, 2025
Last Updated: July 15, 2025

PLEASE READ THESE TERMS OF SERVICE CAREFULLY

These Terms of Service ("Terms") are provided by Alt Option Shift, LLC, a Delaware limited liability company, doing business as PreMortem ("PreMortem," "we," "us," or "our"). By accessing or using the Gnosis AI Platform ("Platform"), you ("User," "you," or "your") agree to be bound by these Terms and all terms incorporated by reference.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.

1. ACCEPTANCE AND SCOPE

1.1 Agreement Structure

These Terms govern your individual use of the Gnosis AI Platform. Your company's access to the Platform is governed by a separate Statement of Work ("SOW") between your company and PreMortem. In case of conflict between these Terms and the SOW, the SOW controls regarding company-level matters, while these Terms control regarding individual user conduct.

1.2 Eligibility

You must be at least 18 years old and authorized by your company to use the Platform. By using the Platform, you represent and warrant that:

You are at least 18 years old

You are authorized by your company to access and use the Platform

Your use complies with all applicable laws and regulations

All information you provide is accurate and complete

1.3 Modifications

We may modify these Terms at any time. Material changes will be communicated via email or Platform notice at least 30 days before taking effect. Continued use after changes become effective constitutes acceptance of the modified Terms.

2. DESCRIPTION OF SERVICES

2.1 Platform Overview

The Gnosis AI Platform provides AI-powered strategic advisory services, including:

  • Facilitation of PreMortem methodology exercises
  • Strategic advice and coaching for executives
  • Forecasting and research capabilities
  • Document analysis and knowledge management

2.2 Enterprise Service

The Platform is provided as part of PreMortem's enterprise consulting engagement with your company. Individual access is granted through your company's SOW and may be managed by designated company administrators.

3. USER ACCOUNTS AND ACCESS

3.1 Account Creation

Your company administrator will provide you with access credentials. You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your account
  • Immediately notifying us of any unauthorized access

3.2 Access Termination

Your access may be terminated:

  • When your employment or relationship with your company ends
  • By your company administrator at any time
  • By PreMortem for violation of these Terms

Upon termination of your company's SOW:

3.3 Account Restrictions

Your account is for your individual, professional use only. You may not:

  • Share your account credentials with others
  • Create multiple accounts
  • Use another person's account without permission

4. ACCEPTABLE USES

4.1 Permitted Uses

You may use the Platform solely for:

  • Legitimate business purposes within the scope of your company's engagement
  • Strategic planning and decision-making activities
  • Collaborative exercises as facilitated by PreMortem

4.2 Prohibited Activities

You agree not to:

  • Use the Platform for any illegal purpose or in violation of any laws
  • Attempt to extract, reverse engineer, or discover PreMortem's proprietary methodologies, algorithms, or prompts
  • Engage in prompt injection, jailbreaking, or other attempts to manipulate the AI system

You also agree not to:

  • Upload malicious code, viruses, or other harmful materials
  • Attempt to gain unauthorized access to other users' data or accounts
  • Use the Platform to compete with PreMortem or develop competing services
  • Violate any third-party rights, including intellectual property rights
  • Harass, abuse, or harm other users
  • Attempt to extract competitive intelligence about PreMortem's business operations

4.3 Content Guidelines

When uploading documents or providing input:

  • Ensure you have authorization to share the content
  • Do not include personally identifiable information of individuals outside your organization

Comply with your company's data governance policies

Do not upload content that violates any laws or third-party rights

5. CONTENT AND INTELLECTUAL PROPERTY

5.1 Your Company's Content

Content uploaded or submitted by users remains owned by your company. By using the Platform, you grant PreMortem a limited, non-exclusive license to:

  • Process and analyze your content to provide Platform services
  • Use aggregated, anonymized insights to improve the Platform
  • Maintain your content in our systems as necessary to provide services

5.2 PreMortem's Intellectual Property

The Platform, including all proprietary methodologies, algorithms, prompts, software, and related materials, is owned by PreMortem and protected by intellectual property laws. You receive only a limited license to use the Platform as intended and may not:

  • Copy, modify, or create derivative works of our intellectual property
  • Attempt to extract or reverse engineer our methodologies or algorithms
  • Use our intellectual property for any purpose outside the intended Platform use

5.3 Confidentiality

PreMortem will maintain the confidentiality of your company's content and will not disclose it to third parties except as necessary to provide Platform services or as required by law.

6. AI SERVICES AND DISCLAIMERS

6.1 AI-Generated Content

The Platform uses artificial intelligence to generate advice, forecasts, and recommendations. You acknowledge that:

  • AI-generated content is for informational purposes only
  • All strategic decisions remain your and your company's responsibility
  • AI outputs may contain errors, biases, or inaccuracies

PreMortem does not guarantee the accuracy or completeness of AI-generated content

6.2 Professional Advice Disclaimer

THE PLATFORM DOES NOT PROVIDE LEGAL, FINANCIAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE. ANY INFORMATION PROVIDED IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. CONSULT QUALIFIED PROFESSIONALS FOR SPECIFIC ADVICE.

6.3 No Warranty on Outcomes

PreMortem makes no warranties regarding business outcomes, decision effectiveness, or results from using the Platform. All business decisions and their consequences remain solely your company's responsibility.

7. DATA HANDLING AND PRIVACY

7.1 Data Collection

We collect and process:

  • Basic profile information (name, email, company)
  • Chat histories and Platform interactions
  • Uploaded documents and content
  • Usage analytics and error logs

7.2 Data Use

Your data may be used to:

  • Provide Platform services
  • Improve Platform functionality and user experience
  • Maintain service quality and security
  • Comply with legal obligations

7.3 Data Retention

We retain your data for the duration of your company’s active engagement and for up to twelve (12) months thereafter, unless your company administrator instructs us to delete it sooner or we are required by law to do so.

7.4 Third-Party Services

We use third-party services including Microsoft OAuth, Resend, DigitalOcean, and AppSignal. Your use of these integrated services is subject to their respective terms and privacy policies.

8. LIMITATION OF LIABILITY

8.1 Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PREMORTEM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PREMORTEM’S LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE PLATFORM SHALL BE GOVERNED EXCLUSIVELY BY, AND LIMITED AS SET FORTH IN, THE STATEMENT OF WORK OR MASTER SERVICES AGREEMENT IN EFFECT BETWEEN PREMORTEM AND YOUR COMPANY.

8.3 Exclusion of Consequential Damages

IN NO EVENT SHALL PREMORTEM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless PreMortem and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your violation of these Terms
  • Your unauthorized use of the Platform
  • Your violation of any third-party rights
  • Your company's content uploaded to the Platform

10. MANDATORY ARBITRATION AND DISPUTE RESOLUTION

10.1 Binding Arbitration

Any dispute arising from or relating to these Terms or the Platform shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

10.2 Individual Claims Only

You agree to bring claims only in your individual capacity and not as part of any class action or representative proceeding. You waive any right to participate in class actions.

10.3 Location and Governing Law

Arbitration shall take place in Delaware. These Terms are governed by Delaware law without regard to conflict of law principles.

10.4 Exceptions

Either party may seek injunctive relief in court for intellectual property violations or breaches of confidentiality obligations.

11. TERMINATION

11.1 Termination Rights

PreMortem may terminate your access immediately for:

  • Violation of these Terms
  • Unauthorized or harmful use of the Platform
  • At the request of your company administrator
  • Upon termination of your company's SOW

11.2 Effect of Termination

Upon termination:

  • Your access to the Platform will cease immediately
  • These Terms will remain in effect for surviving provisions
  • PreMortem may retain your data as specified in Section 7.3

11.3 Survival

The following sections survive termination: 5 (Intellectual Property), 6 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), 10 (Arbitration), and 12 (General Provisions).

12. GENERAL PROVISIONS

12.1 Entire Agreement

These Terms, together with your company's SOW, constitute the entire agreement between you and PreMortem regarding the Platform.

12.2 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12.3 No Waiver

PreMortem's failure to enforce any provision does not constitute a waiver of future enforcement of that provision or any other provision.

12.4 Assignment

You may not assign these Terms or your rights hereunder. PreMortem may assign these Terms without restriction.

12.5 Contact Information

For questions about these Terms, contact us at: david@kidder.net

BY USING THE GNOSIS AI PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.