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BreakPoint Systems LLC Terms of Service

The Rules, Rights, and Responsibilities That Govern Your Use of BreakPoint Systems

Effective Date: April 7, 2026 | Last Updated: April 7, 2026

PLEASE READ CAREFULLY: These Terms of Service ("Terms") constitute a legally binding agreement between you and BreakPoint Systems LLC. By accessing our website, requesting services, signing an engagement agreement, or using any of our platforms or programs, you agree to be bound by these Terms. If you do not agree, do not use our services.
1. About BreakPoint Systems

BreakPoint Systems LLC ("BreakPoint Systems," "Company," "we," "us," or "our") is an AI-driven business systems and automation company. We design and deploy custom AI architectures, smart automation systems, scalable operational infrastructure, precision analytics, and educational programs for businesses and individuals.

These Terms govern your use of our website (breakpointsystems.com), our assessment tools, our services, discovery calls, client engagements, and our NextGen Scholars program.

BreakPoint Systems is a division of The Jordan Insurance Agency — protecting what matters since 2006.

2. Acceptance of Terms

By accessing or using our website or services in any manner — including browsing, submitting a contact form, booking a discovery call, signing an engagement letter, or participating in a program — you agree to be bound by these Terms and our Privacy Policy.

We reserve the right to update or modify these Terms at any time. Updated Terms will be posted with a revised effective date. Your continued use of our services after posting of changes constitutes acceptance of those changes. It is your responsibility to check these Terms periodically.

3. Services Overview

BreakPoint Systems provides the following categories of services:

AI Architecture Design — Custom design and deployment of AI-driven business systems

Smart Automation — Workflow automation, process optimization, and systems integration

Scalable Systems — Infrastructure design for growth, including CRM, operations, and delivery systems

Precision Analytics — Business data analysis, dashboards, and performance reporting

Business Assessments — Readiness evaluations and strategic roadmaps

Consulting & Discovery Calls — Strategic advisory services

NextGen Scholars — AI-powered college funding education and guidance program

Other services as offered and agreed upon in writing

The specific scope, deliverables, timelines, and pricing of any engagement are governed by a separate Engagement Letter or Service Agreement, which supplements these Terms.

4. No Guarantee of Results
IMPORTANT DISCLAIMER: BreakPoint Systems provides AI architecture, automation, and business systems expertise based on our professional experience. However, we make NO guarantee, warranty, or representation that use of our services will result in any specific business outcome, revenue increase, efficiency gain, cost savings, or other result. Business outcomes depend on many factors outside our control.

Our services are based on best practices and our professional judgment. Results will vary based on your specific business, industry, implementation quality, market conditions, team adoption, and other factors entirely within your control. You acknowledge that all strategic recommendations and AI implementations carry inherent business risk.

5. Payment Terms
5.1 Fees and Payment

Service fees are as quoted in your Engagement Letter, proposal, or as listed on our website for self-service products

Payment is due in accordance with the schedule in your Engagement Letter (e.g., deposit, milestone payments, or monthly retainer)

We accept payment via the methods specified in your engagement documentation

All prices are in U.S. dollars unless otherwise specified

5.2 Late Payments

Invoices not paid within 30 days of the due date are subject to a late fee of 1.5% per month on the outstanding balance

We reserve the right to suspend or terminate services for accounts 45 or more days past due

You are responsible for any collection costs, including reasonable attorney's fees, incurred to collect overdue amounts

5.3 Refund Policy

Consulting fees for completed sessions are non-refundable

Refunds for project-based work, if applicable, are governed by the terms of your Engagement Letter

Deposits are non-refundable unless BreakPoint Systems cancels the engagement

Subscription or retainer fees are non-refundable for the current billing period but will not renew if cancelled before the next period

Disputes regarding charges must be submitted in writing within 30 days of the invoice date

6. Client Responsibilities

Your success with our services depends on your active participation. You agree to:

Provide accurate, complete, and timely information required for us to deliver services

Review and provide feedback on deliverables within agreed-upon timeframes

Ensure that appropriate team members are available for required meetings and implementations

Obtain any necessary rights, licenses, or permissions for materials you provide to us

Implement our recommendations and systems in accordance with provided guidance

Notify us promptly of any changes to your business that may affect the engagement

Delays caused by your failure to fulfill these responsibilities may result in project delays or additional fees, which will be communicated to you in advance.

7. Intellectual Property
7.1 Our Property

All content on our website, including text, graphics, logos, images, videos, tools, assessments, frameworks, methodologies, templates, and software, is the property of BreakPoint Systems LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws.

Our proprietary frameworks, methodologies, training materials, and process documentation remain the exclusive property of BreakPoint Systems LLC regardless of whether they are shared with you in the course of services.

7.2 Deliverables and Work Product

Unless otherwise specified in a signed Engagement Letter:

Custom deliverables created specifically for your engagement (e.g., custom-built automations, unique system designs, bespoke reports) become your property upon receipt of full payment

Underlying methodologies, frameworks, tools, code libraries, and general-purpose components used to create deliverables remain the property of BreakPoint Systems LLC

We retain the right to use anonymized and aggregated data from engagements to improve our services

7.3 Your License to Us

By submitting content, materials, or data to us (including business information, logos, or content for inclusion in deliverables), you grant BreakPoint Systems LLC a limited, non-exclusive license to use such materials solely to deliver your services. You represent that you have the right to provide such materials.

7.4 Website Use

Unless otherwise specified in a signed Engagement Letter:

You may not copy, reproduce, modify, or distribute any content from our website without written permission

You may print individual pages for personal, non-commercial reference

Unauthorized use of our intellectual property may result in legal action

8. Confidentiality

In the course of our engagement, each party may disclose confidential business information to the other. Both parties agree to:

Keep all confidential information strictly confidential

Use confidential information solely for the purpose of the engagement

Not disclose confidential information to any third party without prior written consent

Apply at least the same degree of care to protecting the other party's confidential information as applied to their own (but no less than reasonable care)

Confidential information does not include information that: (a) is or becomes publicly known through no breach of this agreement; (b) was already known to the receiving party before disclosure; (c) is independently developed without use of confidential information; or (d) must be disclosed by law.

Clients who require a separate formal Non-Disclosure Agreement (NDA) should request one before sharing sensitive information. We are happy to execute appropriate NDA documentation.

9. AI Services — Specific Terms

Because our services involve artificial intelligence and automation, the following additional terms apply:

AI-generated outputs are tools and recommendations, not professional legal, financial, medical, or regulatory advice

You are responsible for reviewing, validating, and approving all AI-generated content, automation logic, and system outputs before use in your business

AI systems can produce unexpected or imperfect results; we are not liable for errors in AI-generated outputs that you have approved and deployed

We may utilize third-party AI platforms (including but not limited to OpenAI, Anthropic, Google, Make, Zapier, and n8n) to deliver our services; use of these services is subject to their respective terms of service

We do not use your proprietary business data to train third-party AI models without your explicit written consent

You are responsible for ensuring your use of any AI systems we build complies with applicable laws and regulations in your industry

10. SMS Messaging Terms
10.1 Program Description

Our SMS program sends appointment confirmations, reminders, rescheduling updates, and customer support messages to clients who have explicitly opted in. Opt-in is collected via dedicated checkboxes on our web forms.

10.2 Cancellation

Text "STOP" to cancel. You will receive one final confirmation and will receive no further messages unless you re-opt in. Reply "HELP" for support or contact info@breakpointsystems.com.

10.3 Rates & Carriers

Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. You must be 18 years or older to participate in our SMS program.

10.4 Compliance

We comply with all applicable laws regarding SMS communications, including the Telephone Consumer Protection Act (TCPA) and CTIA guidelines. Consent to receive SMS is never a condition of purchasing our services.

11. Website Use & Acceptable Conduct

By using our website, you agree not to:

Use our website for any unlawful purpose or in violation of these Terms

Attempt to gain unauthorized access to any part of our systems, servers, or databases

Introduce malware, viruses, or other malicious code

Engage in scraping, data mining, or systematic collection of content from our website

Use automated means to access our website without prior written permission

Misrepresent your identity or affiliation with any person or organization

Interfere with the operation of our website or the experience of other users

We reserve the right to terminate access for any user who violates these provisions.

12. Third-Party Services & Links

Our website may contain links to third-party websites or integrate with third-party platforms. We do not endorse, control, or assume responsibility for the content, privacy practices, or availability of third-party sites. Your use of any third-party service is subject to that service's own terms and policies.

When you make purchases through third-party vendors linked from our website, any information you provide to those vendors is governed by their own terms and privacy policies.

13. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

Our website and services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied

We disclaim all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and title

We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components

We do not warrant that results obtained from use of our services will be accurate, reliable, or meet your specific requirements

Any information provided through our services is for general informational purposes only and does not constitute professional legal, financial, tax, medical, or regulatory advice

14. Limitation of Liability
LIABILITY CAP: In no event shall BreakPoint Systems LLC, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, business interruption, loss of data, or reputational harm, arising out of or related to your use of our services, even if we have been advised of the possibility of such damages.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO BREAKPOINT SYSTEMS LLC IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by applicable law.

15. Indemnification

You agree to indemnify, defend, and hold harmless BreakPoint Systems LLC and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or relating to:

Your use of our website or services

Your breach of these Terms

Your violation of any applicable law or the rights of any third party

Any content or materials you provide to us

Your implementation or use of any AI systems or automations we deliver

16. Account Registration & Security

To access certain features or client portals, you may be required to create an account. You agree to:

Provide accurate, current, and complete registration information

Maintain the security and confidentiality of your login credentials

Notify us immediately at info@breakpointsystems.com of any unauthorized access to your account

Accept responsibility for all activities conducted under your account

We are not liable for any loss or damage arising from your failure to maintain account security.

17. Termination
17.1 Termination by You

You may terminate your use of our website at any time by ceasing to access it. Termination of a service engagement is subject to the terms of your Engagement Letter, including any applicable cancellation fees or notice requirements.

17.2 Termination by Us

We reserve the right to suspend or terminate your access to our website or services, with or without notice, if we determine that you have:

Violated these Terms or any applicable law

Engaged in conduct that is harmful, fraudulent, or abusive

Failed to pay amounts owed for 45 or more days past due

Acted in a manner inconsistent with our ability to deliver services effectively

17.3 Effect of Termination

Upon termination, your right to use our website and services ceases immediately. Provisions of these Terms that by their nature should survive termination (including confidentiality, intellectual property, disclaimers, limitation of liability, and dispute resolution) will continue to apply.

18. Force Majeure

BreakPoint Systems LLC shall not be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, pandemics, power outages, telecommunications failures, cyberattacks, or other events beyond our reasonable control.

19. Dispute Resolution
19.1 Informal Resolution First

Before initiating any formal legal proceeding, you agree to first contact us at info@breakpointsystems.com and provide a written description of the dispute. Both parties agree to attempt to resolve the dispute informally within 30 days of notice.

19.2 Binding Arbitration

If informal resolution fails, all disputes, claims, or controversies arising out of or relating to these Terms, our services, or our Privacy Policy shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Charlotte, North Carolina, or by videoconference by mutual agreement.

19.3 Class Action Waiver
CLASS ACTION WAIVER: YOU AND BREAKPOINT SYSTEMS LLC AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. The arbitrator may not consolidate more than one person's claims.
19.4 Exceptions

Either party may seek emergency injunctive or equitable relief in any court of competent jurisdiction to prevent irreparable harm while arbitration proceeds.

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions. For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Mecklenburg County, North Carolina.

21. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

22. Entire Agreement

These Terms, together with our Privacy Policy and any signed Engagement Letter or Service Agreement, constitute the entire agreement between you and BreakPoint Systems LLC with respect to your use of our services. These Terms supersede all prior or contemporaneous communications, representations, and agreements, whether written or oral.

In the event of a conflict between these Terms and a signed Engagement Letter, the terms of the Engagement Letter shall control with respect to the specific engagement described therein.

23. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any breach of these Terms shall not constitute a waiver of any subsequent breach.

24. Changes to These Terms

We may update these Terms of Service periodically. The latest version will always be available at breakpointsystems.com/terms with the current effective date. We will notify you of material changes via email or website notice. Your continued use of our services after the effective date constitutes acceptance of the updated Terms.

25. Contact Us

For questions, concerns, or notices regarding these Terms of Service:

BreakPoint Systems LLC

3540 Toringdon Way, Suite 200 Charlotte, NC 28277

Phone: (980) 842-6595

Email: info@breakpointsystems.com

Business Development Contacts

Tanya Jordan - tanya@breakpointsystems.com

Richard Thomas - richard@breakpointsystems.com

By using our website and services, you acknowledge that you have read, understood, and agreed to these Terms of Service.


© 2026 BreakPoint Systems LLC — A Division of The Jordan Insurance Agency. All Rights Reserved.

BREAKPOINT
‍SYSTEMS

We design custom AI-driven architectures for businesses that value time, precision, and sustainable growth. Backed by 20 years of business leadership.

info@breakpointsystems.com

(980) 842-6595

3540 Toringdon Way, Suite 200, Charlotte, NC 28277

Business Development

Tanya Jordan — tanya@breakpointsystems.com

Richard Thomas — richard@breakpointsystems.com

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