Elder Council — Terms of Service

Effective Date: July 1, 2025
Operated by TOMfoolery Labs LLC | eldercouncil.ai

1. Acceptance of Terms

By accessing or using eldercouncil.ai (the “Service”), you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree, do not use the Service. These Terms constitute a binding agreement between you and TOMfoolery Labs LLC (“Company,” “we,” “us,” or “our”), a Minnesota limited liability company.

We may update these Terms at any time. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms. We will notify registered users of material changes via email or in-app notice.

2. Description of Service

Elder Council is an AI research tool that submits user queries simultaneously to multiple large language model (“LLM”) providers and returns synthesized responses. The Service is provided for informational and research purposes only.

The Service integrates third-party AI models including those operated by Anthropic, OpenAI, Google, and xAI. Responses generated by these models do not constitute advice of any kind and are subject to each provider’s own terms of service.

3. Eligibility and Account Registration

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you meet this requirement.

If you create an account, you are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use.

4. Acceptable Use

You agree not to use the Service to:

• Submit queries designed to elicit illegal, harmful, defamatory, or abusive content;
• Reverse engineer, scrape, or systematically harvest the Service’s outputs or infrastructure;
• Circumvent rate limits, access controls, or authentication mechanisms;
• Violate applicable law or the terms of any third-party AI provider integrated into the Service;
• Submit queries containing personal data of third parties without their consent;
• Resell or sublicense access to the Service without our prior written consent.

5. Data Collection and Commercialization

This section governs how we collect, use, and may commercialize data generated through your use of the Service. Please read it carefully.

5.1 Data We Collect

When you use the Service, we automatically collect:

• Query Text: The content of queries you submit;
• Model Selection: Which AI models you enable or disable;
• Orchestration Mode: Which mode you select (Pipeline, Fan-out, or Debate);
• Engagement Signals: Time on synthesis vs. individual model tabs, copy/export actions, scroll depth, and session duration;
• Technical Metadata: IP address, browser type, operating system, referring URL;
• Usage Patterns: Query frequency, return visit patterns, and feature usage over time.

5.2 How We Use Your Data

We use collected data to:

• Operate, maintain, and improve the Service;
• Detect abuse and enforce these Terms;
• Analyze aggregate usage patterns;
• Generate Derived Data Products (defined below) for commercialization;
• Communicate with you about the Service.

5.3 Derived Data Products

We may aggregate and anonymize query and usage data to create derived data products (“Derived Data Products”), including:

• Comparative model performance benchmarks derived from aggregate engagement signals;
• Query topic trend indices and research interest signals;
• LLM divergence and consensus datasets showing where models agree or disagree on given query types;
• Anonymized preference datasets useful for AI model evaluation and training.

Derived Data Products do not contain your name, email address, or other directly identifying information. We may share, license, or sell Derived Data Products to third parties including AI laboratories, enterprise software vendors, academic researchers, and data analytics firms.

By using the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use your query data and engagement signals solely for the purpose of creating Derived Data Products, subject to your opt-out rights in Section 5.4.

5.4 Your Opt-Out Rights

You may opt out of having your data included in Derived Data Products at any time by:

• Emailing legal@eldercouncil.ai with the subject line “Data Commercialization Opt-Out”; or
• Toggling the “Exclude my data from research products” setting in your account preferences (where available).

Opt-out requests will be honored within 30 days. Opting out does not affect data already incorporated into Derived Data Products prior to your request, as such data cannot be disaggregated once aggregated.

5.5 What We Do Not Do

We do not:

• Sell your name, email address, or other directly identifying personal information to third parties;
• Use your query data to target you with advertising;
• Share your individual query history with AI providers for model training without separate, explicit consent;
• Retain raw query content beyond 24 months from the date of collection.

5.6 Third-Party AI Providers

Your queries are transmitted to third-party AI providers (Anthropic, OpenAI, Google, xAI, and others) to generate responses. Each provider processes query data subject to their own privacy policies and terms of service. We are not responsible for third-party data practices. We encourage you to review those policies before submitting sensitive information through the Service.

6. Intellectual Property

6.1 Your Content

You retain all rights in the queries you submit to the Service. By submitting a query, you grant us the limited license described in Section 5.3. You represent that you have the right to submit any content you provide.

6.2 Service and Outputs

The Service, its design, software, trademarks, and synthesis methodology are owned by or licensed to the Company. AI-generated outputs are subject to the terms of the applicable AI provider. We do not claim ownership of AI-generated responses. You acknowledge that similar or identical outputs may be generated for other users submitting similar queries.

7. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

AI-generated content may be inaccurate, incomplete, outdated, or inappropriate. Nothing in the Service constitutes legal, medical, financial, or professional advice. Always consult a qualified professional before acting on information obtained through the Service.

We do not guarantee uninterrupted or error-free operation of the Service.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOMFOOLERY LABS LLC AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

9. Indemnification

You agree to indemnify, defend, and hold harmless TOMfoolery Labs LLC and its officers, members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of applicable law; or (d) content you submit through the Service.

10. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for any reason including violation of these Terms.

Upon termination, your right to use the Service ceases immediately. Sections 5.3, 6, 7, 8, 9, and 11 survive termination.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Minnesota, without regard to conflict of law principles.

Any dispute arising out of or related to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except that either party may seek injunctive relief in a court of competent jurisdiction. The arbitration shall take place in Carver County, Minnesota. You waive any right to participate in a class action lawsuit or class-wide arbitration.

12. General Provisions

• These Terms constitute the entire agreement between you and us regarding the Service.
• If any provision is found unenforceable, the remaining provisions remain in full force.
• Our failure to enforce any right is not a waiver of that right.
• You may not assign your rights under these Terms without our prior written consent.
• These Terms do not create any partnership, joint venture, agency, or employment relationship.

13. Contact

TOMfoolery Labs LLC
Elder Council — eldercouncil.ai
Email: legal@eldercouncil.ai

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