Terms of Service

This Terms of Service agreement ("Agreement") is a legally binding contract between you ("User") and Brighter Days Advisory LLC, a Texas limited liability company doing business as Kelsey Quality ("Company," "Kelsey Quality," "we," "us," or "our").

BY CREATING AN ACCOUNT, LOGGING IN VIA GOOGLE, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.

1. ELIGIBILITY

You represent and warrant that you are at least eighteen (18) years of age.

2. USER CONTENT (DOCUMENTS)

You retain all ownership rights to the documents you connect via Google Drive. You grant Company a limited license to process document content solely to provide compliance scanning results. We access your documents in read-only mode, analyze content in-flight, and do not store your document text.

3. INTELLECTUAL PROPERTY WARRANTY

You represent and warrant that you have the legal right to grant read-only access to the documents in your connected Google Drive folder. You agree that your use of the Service will not violate the intellectual property rights of any third party.

4. OUTPUT OWNERSHIP

Subject to payment of applicable fees and compliance with third-party AI provider terms, Company assigns to you all rights to the compliance scan results, gap reports, and remediation guidance generated by the Service based on your documents.

5. OUR CONTENT AND INTELLECTUAL PROPERTY

All editorial content published by Company on the Kelsey Quality website — including but not limited to guides, clause-by-clause crosswalks, paraphrased summaries of regulatory requirements, consultant-judgment commentary, implementation guidance, and applied-angle articles — is copyrighted by Company and protected under applicable intellectual property law.

You may not redistribute, republish, embed, mirror, frame, or otherwise reuse our editorial content in whole or in substantial part, whether for commercial or non-commercial purposes, without prior written permission from Company. Quoting with attribution for the purposes of commentary, criticism, review, academic work, or other purposes consistent with fair-use norms under applicable copyright law is permitted; wholesale reuse is not.

The underlying subject matter referenced by our content — including published regulatory standards, statutes, and guidance documents issued by standards bodies and government agencies — is not our intellectual property, and our copyright claim does not extend to that subject matter. Our copyright covers only our paraphrases, crosswalks, editorial framing, consultant-judgment callouts, applied-angle writing, and the specific organization and presentation of the authority layer.

6. REFUNDS

The free compliance scan is provided at no cost. For paid reports, you may request a refund within 14 days of purchase. Refund requests can be submitted by contacting support@kelseyqms.com. Refunds are processed by our payment provider, Paddle, and returned to your original payment method. After the 14-day window, no refunds or credits will be issued.

7. INDEMNIFICATION

You agree to defend and indemnify Company from any claims, damages, or legal fees arising from your use of the Service or your violation of third-party intellectual property rights.

8. BINDING ARBITRATION

Any dispute shall be settled by binding arbitration in Texas under the rules of the American Arbitration Association. You waive the right to participate in class actions.

9. GOVERNING LAW

This Agreement is governed by the laws of the State of Texas, without regard to conflict of law principles.

10. MODIFICATIONS

We reserve the right to modify these Terms at any time. We will provide notice of material changes via email at least thirty (30) days in advance. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms.

11. SEVERABILITY

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12. AI PROVIDER TERMS

We use Anthropic Claude to analyze your documents against regulatory requirements. Output ownership and usage rights are subject to the applicable terms of service of Anthropic.

13. DISCLAIMERS AND LIMITATION OF LIABILITY

13.1 What the Service is. The Service is an automated screening tool. It identifies possible gaps between your documents and regulatory requirements, for you to review. Its output is a set of automatically generated candidate findings, not a completed, human-performed conformity determination. It is not an audit, a certification, or a regulatory submission, and it does not replace review by a qualified professional.

13.2 AI-generated output. The Service analyzes your documents using probabilistic AI models. Results may vary between runs over the same documents. The Service may fail to identify a gap that exists, report a gap that does not exist, or misclassify a document. You are responsible for reviewing every result before relying on it.

13.3 Not regulatory or legal advice. Neither the output of the Service nor the editorial content published on the Kelsey Quality website is regulatory, legal, or other professional advice, and no advisory, consulting, or attorney-client relationship is created by your use of either. Regulatory requirements change, and how they apply depends on facts specific to your device and your organization.

13.4 No guaranteed compliance outcome. Company does not warrant that use of the Service will result in compliance with the FDA Quality Management System Regulation, ISO 13485, or any other framework, or that it will produce any particular result in an inspection, audit, notified-body review, or regulatory submission.

13.5 Provided "as is."To the maximum extent permitted by applicable law, the Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, and non-infringement.

13.6 Limitation of liability.To the maximum extent permitted by applicable law, Company will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost data, business interruption, regulatory or enforcement penalties, or remediation costs, arising out of or relating to the Service or this Agreement. Company’s total aggregate liability arising out of or relating to the Service or this Agreement will not exceed the greater of the total amount you paid Company in the twelve (12) months preceding the event giving rise to the claim, or one hundred U.S. dollars ($100).

13.7 Jurisdictional limits. Some jurisdictions do not allow the exclusion of implied warranties or the limitation of certain damages. Where those laws apply to you, the exclusions and limitations in this section apply only to the extent permitted, and nothing in this Agreement limits liability that cannot lawfully be limited.

14. CONTACT

For questions regarding these Terms, contact us at: support@kelseyqms.com