Last Updated: 8/15/2025
1. INTRODUCTION
Welcome to www.promontory.studio (the "Website"), owned and operated by Promontory Plover, LLC ("the Company," "we," "us," or "our"), a Wyoming limited liability company. These Terms of Service ("Terms") govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website.
IMPORTANT LEGAL NOTICE: This Website is not affiliated with, endorsed by, or sponsored by any other entity that may use the name "Promontory," including, but not limited to, Promontory Financial Group, LLC, its parent company IBM, or any of its subsidiaries or affiliates. Promontory Plover, LLC is an independent business entity.
By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Website.
2. DESCRIPTION OF WEBSITE SERVICES
The Website provides informational content, thought leadership articles, and serves as a point of contact for professional consulting services in the field of artificial intelligence reasoning and related technologies. The Website does not provide any e-commerce functionality, and no products or services are sold directly through the Website. Any engagement for professional services will be governed by a separate, formal, and written services agreement to be executed by both parties.
3. USER RESPONSIBILITIES
By using the Website, you agree to:
Use the Website only for its intended purpose and in compliance with all applicable laws and regulations.
Not engage in any activity that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website.
Not use any automated means, including robots, spiders, or scrapers, to access, copy, or monitor any portion of the Website or its content.
Not upload, post, or transmit any unlawful, threatening, abusive, defamatory, obscene, or otherwise objectionable content.
4. INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Your use of the Website does not grant you any ownership rights to its content. You may use the Website for personal, non-commercial purposes only. Any other use, including reproduction, modification, distribution, or republication, without the prior written permission of the Company, is strictly prohibited.
The Company’s most valuable assets are its proprietary AI models, algorithms, and training data ("Proprietary Technology"). You acknowledge and agree that any work product, advice, or other deliverables created or provided by the Company is based on this Proprietary Technology. The Company retains all intellectual property rights and ownership of its Proprietary Technology. Any payment for services provided by the Company is for the labor, advice, and the grant of a limited, non-exclusive, non-transferable license to use the final work product, as specified in a separate services agreement. This payment does not convey any ownership rights in the Company's Proprietary Technology.
5. CONFIDENTIALITY
Any non-public information, including business secrets, concepts, or technical data, that you provide to the Company through the Website's contact forms or other communication channels, and which is explicitly marked as confidential, will be treated as confidential information. The Company agrees to protect such information from unauthorized disclosure using the same degree of care it uses to protect its own confidential information. The Company is not obligated to protect any information that is not marked as confidential, is publicly known, or is independently developed or obtained by the Company.
6. DISCLAIMER OF WARRANTIES
THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE WEBSITE. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
7. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, INCLUDING ANY ERRORS, INACCURACIES, OR OMISSIONS IN THE CONTENT OR ANY INFORMATION PROVIDED BY OUR AI SYSTEMS.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website.
8. TERMINATION
We may terminate or suspend your access to all or part of the Website for any reason, including but not limited to your breach of these Terms, at our sole discretion, without prior notice or liability. All provisions of these Terms which by their nature should survive termination, including but not limited to intellectual property ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall remain in full force and effect.
9. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and any dispute or claim arising out of or related to them shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal or state courts located in California. Both parties agree to waive any and all objections to the exercise of jurisdiction over them by such courts and to venue in such courts. Prior to initiating any legal action, the parties agree to first engage in good-faith negotiation and, if unsuccessful, mediation.
10. ENTIRE AGREEMENT
These Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Promontory Plover, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
The provision of a robust Terms of Service document is the first step in a broader legal risk management strategy. For the document to be legally effective, it must be properly implemented and supported by sound business practices.
The following is an actionable checklist for Promontory Plover, LLC to ensure proper implementation and full legal benefit from this Terms of Service document:
Immediate Publication: The research indicates that the existing links for the Terms of Service and Privacy Policy are currently inaccessible. This creates a significant legal vulnerability as there is no publicly accessible legal agreement governing website use. The immediate and most urgent action is to publish the new Terms of Service and a corresponding Privacy Policy on the website.
Strategic Placement: The new documents must be prominently displayed. Links to both the Terms of Service and the Privacy Policy should be placed in the website's footer, where they are easily visible to all visitors. Additionally, these links should be included on any contact forms or email list sign-up forms to ensure that users are presented with the terms before submitting their information, thereby establishing a clear legal basis for the interaction.
Ensure Consistency: The new Terms of Service should be meticulously reviewed against the company's Privacy Policy and any other client-facing legal documents to ensure complete consistency. The Privacy Policy, in particular, must align with the ToS in its description of data handling and confidentiality.
Verify LLC Status: As identified in the analysis, there is no public record confirmation of Promontory Plover, LLC's registration in California from the collected data. The company should immediately verify its status and ensure it is in good standing with the California Secretary of State. This is crucial for the enforceability of this agreement and the protection of its members.
Develop a Client Services Agreement: The provided Terms of Service document serves as a foundational agreement for general website use. For specific client engagements, the company should develop a separate, more detailed services agreement that outlines the project scope, deliverables, payment terms, and specific intellectual property and licensing details relevant to the project. This is standard for professional service firms and will provide the necessary legal detail for each unique client relationship.
This report and the accompanying Terms of Service document represent a comprehensive and strategic approach to legal risk mitigation for Promontory Plover, LLC. The analysis extends beyond a simple document generation to address critical business-specific vulnerabilities, such as brand confusion and the novel legal challenges of AI technology. The document is designed to protect the company's assets, clarify its relationship with the public, and lay the groundwork for a robust, professional client engagement process.
It is strongly recommended that Promontory Plover, LLC consult with qualified legal counsel to adapt this document to its specific and evolving business needs. The legal landscape surrounding AI and intellectual property is in constant flux, and a qualified attorney can provide ongoing guidance to ensure the company remains legally protected as it grows. This report is for informational purposes and should not be considered a substitute for legal advice.