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Liability Waiver & Disclaimer

Effective Date: February 26, 2026  ·  Last Updated: February 26, 2026

Jacobus Company LLC (dba Superfly Web Designs)

This Liability Waiver and Disclaimer ("Waiver") is issued by Jacobus Company LLC, a limited liability company organized under the laws of the United States, doing business as Superfly Web Designs ("Company," "we," "us," or "our"), in connection with all software products published by the Company ("Software").

By installing, accessing, or using the Software, you ("User") acknowledge that you have read, understood, and agree to be bound by this Waiver.

1. Assumption of Risk

You acknowledge and agree that your use of the Software is entirely at your own risk. The Software is an AI-assisted development tool that operates within your local development environment and interacts with your project files, source code, and development tools. You assume full responsibility for:

2. No Professional Advice

The Software does not provide and is not a substitute for professional advice of any kind, including but not limited to:

3. AI-Generated Content Disclaimer

The Software leverages artificial intelligence through the host IDE or AI platform. AI-generated content may be inaccurate, incomplete, outdated, inappropriate for your intended purpose, or similar to content produced for other users.

YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, VERIFYING, AND APPROVING ALL AI-GENERATED CONTENT BEFORE USE, PUBLICATION, OR DISTRIBUTION. WE DISCLAIM ALL LIABILITY FOR AI-GENERATED CONTENT.

4. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY; IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; IMPLIED WARRANTIES OF TITLE AND NON-INFRINGEMENT; WARRANTIES OF ACCURACY, RELIABILITY, OR COMPLETENESS; WARRANTIES OF SECURITY OR UNINTERRUPTED OPERATION; AND WARRANTIES OF COMPATIBILITY WITH YOUR SYSTEMS OR SOFTWARE.

5. Limitation of Liability

5.1 Exclusion of Damages

IN NO EVENT SHALL JACOBUS COMPANY LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, OR ANTICIPATED SAVINGS; LOSS OF DATA, GOODWILL, OR REPUTATION; COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; DAMAGES ARISING FROM ERRORS, OMISSIONS, OR INACCURACIES IN GENERATED CONTENT; DAMAGES ARISING FROM SECURITY BREACHES, CREDENTIAL EXPOSURE, OR DATA LOSS; OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE — REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.2 Aggregate Cap

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS WAIVER, THE SOFTWARE, OR YOUR USE THEREOF SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

5.3 Essential Basis

You acknowledge that the limitations of liability set forth in this section are an essential basis of the bargain between you and the Company, and that the Company would not provide the Software without such limitations.

6. Specific Risk Acknowledgments

By using the Software, you specifically acknowledge and accept the following risks:

7. Indemnification

You agree to indemnify, defend, and hold harmless Jacobus Company LLC, its members, managers, officers, employees, agents, and affiliates from and against any and all claims, actions, suits, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use or misuse of the Software, content you generate or distribute, your violation of this Waiver or any applicable law, your violation of any third-party rights, or your failure to secure credentials or sensitive data.

8. Release of Claims

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE AND FOREVER DISCHARGE JACOBUS COMPANY LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, AND CAUSES OF ACTION OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO YOUR USE OF THE SOFTWARE.

IF YOU ARE A RESIDENT OF CALIFORNIA, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

9. Governing Law and Jurisdiction

This Waiver shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles. Any dispute arising out of or relating to this Waiver shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Delaware.

10. Severability

If any provision of this Waiver is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

11. Entire Agreement

This Waiver, together with the applicable LICENSE, Terms of Service, and Privacy Policy, constitutes the complete agreement between you and Jacobus Company LLC regarding the subject matter hereof.

12. Contact

Jacobus Company LLC (dba Superfly Web Designs)
julie@superflyweb.com
github.com/julieclarkson