Terms of Service

Effective Date: June 18th, 2026
Last Updated: June 18th, 2026

1. Agreement to Terms

These Terms of Service (“Terms,” “Agreement”) constitute a legally binding contract between Top Speed AI, LLC, a Texas limited liability company (“Company,” “we,” “us,” or “our”), and the independent butcher shop or meat retail business accessing or subscribing to the Services (“Customer,” “you,” or “your”).

By clicking “I Agree,” completing the registration process, paying the setup fee, or otherwise accessing or using the Services provided through our website located at thebutcherscuts.com (the “Platform”), Customer represents that: (a) Customer is a business entity or sole proprietor operating a lawful meat retail or butcher business; (b) the individual accepting these Terms has authority to bind Customer; and (c) Customer agrees to all provisions of these Terms.

These Terms govern a business-to-business (B2B) commercial relationship. The Services are not available to individual consumers. If Customer does not agree to these Terms, Customer must not access or use the Services.

2. Description of Services

Company provides a competitive pricing intelligence and monitoring platform (the “Services”) designed exclusively for independent butcher shops and meat retail businesses. The Services enable Customers to track publicly available pricing data from grocery chains and competitors within their local market.

2.1 Price Monitoring Inclusions

• Tracking of up to 25 (twenty-five) key meat products (e.g., ground beef, steaks, chicken, pork, and other cuts);

• Monitoring of publicly available pricing for up to 10 (ten) local competitors. In addition to locations from the four largest grocery chains the report can include up to three other local competitors.

• Up to 1,000 (one thousand) total monthly price checks.

2.2 Reporting

• Market reports delivered to Customer’s designated email on a scheduled weekly basis; and

2.3 One-Time Setup Services

• Loading of Customer’s designated products and locations into the monitoring system;

• Configuration of custom competitor sources as provided by Customer; and

• Initial system testing and onboarding walkthrough.

2.4 Monthly Ongoing Services

• Scheduled weekly report generation and delivery;

• Ongoing monitoring of publicly available pricing sources; and

• Basic platform maintenance and minor system updates.

2.5 Service Limitations

You acknowledge and agree that: (a) the Service is provided on an “as-is” and “as-available” basis; (b) we do not guarantee that the Service will meet your specific requirements or expectations; (c) the Service may be subject to limitations, delays, and other problems inherent in the use of the internet, publicly available information, and electronic communications; and (d) we are not responsible for any delays, delivery failures, or other damage resulting from such problems.

2.6 System Requirements

Your use of the Service requires: (a) a compatible device with internet connectivity; (b) a supported web browser or mobile application; (c) sufficient bandwidth for data transmission; and (d) compliance with any minimum system requirements we may specify from time to time. You are solely responsible for obtaining and maintaining all equipment, software, and services needed to access and use the Service.

3. Fees, Payment, and Automatic Renewal

3.1 Fee Structure

A Setup Fee (one-time, non-refundable) of $500.00 USD is due prior to commencement of onboarding

A Monthly Subscription Fee of $35.00 USD/month will be charged monthly in advance, beginning on the onboarding completion date

3.2 Automatic Renewal — Required Separate Consent

THE MONTHLY SUBSCRIPTION AUTOMATICALLY RENEWS EACH MONTH UNLESS CANCELLED IN ACCORDANCE WITH SECTION 11 OF THESE TERMS.

Pursuant to the FTC’s Negative Option Rule (16 CFR Part 425, effective May 14, 2025), which applies to B2B transactions, Customer must separately and affirmatively consent to the automatic renewal provision at the time of signup. Customer will be required to check a dedicated box or provide initials specifically acknowledging automatic renewal before the subscription is activated.

Company will send Customer a renewal reminder to the email address on file no later than five (5) days prior to each monthly Billing Date, including:

• The upcoming charge amount;

• The Billing Date; and

• A clear mechanism to cancel before renewal.

3.3 Billing and Payment Authorization

Customer authorizes Company to charge the payment method on file for all applicable fees on each Billing Date. Customer is responsible for maintaining valid, current payment information at all times.

3.4 Failed Payments

If a payment fails, Company will notify Customer and provide a five (5) business day cure period. If payment is not received within that period, Company may suspend access to the Services. Accounts suspended for non-payment for more than thirty (30) days may be terminated without further notice.

3.5 Price Changes

Company may modify the monthly subscription fee with a minimum of thirty (30) days’ prior written notice by email to Customer’s address on file. Continued use of the Services after the effective date of a price change constitutes acceptance of the new fee.

3.6 Taxes

Customer is solely responsible for all applicable sales, use, excise, or similar taxes. Company will collect and remit taxes only where legally required to do so.

4. Acceptable Use

4.1 Permitted Use

The Services are provided solely for Customer’s internal business pricing research and competitive intelligence purposes. Use is restricted to the business entity that holds the account.

4.2 Prohibited Conduct

Customer shall not:

• Share, sublicense, resell, or redistribute the Services, reports, or any data outputs to any third party for any purpose;

• Use the Services or pricing data to participate in, facilitate, implement, monitor, or enforce any price-fixing, bid-rigging, market allocation, customer allocation, output restriction, group boycott, coordinated refusal to deal, or any other agreement or coordinated practice that violates federal, state, or local antitrust or competition law.

• Use the Services or pricing data to participate in price-fixing, bid-rigging, market allocation, or any conduct that violates federal or Texas antitrust or competition law;

• Reverse engineer, decompile, or attempt to extract the underlying data collection methodology, algorithms, or source code of the platform;

• Access the platform by automated means (bots, scripts, scrapers) beyond the platform’s intended functionality;

• Use the Services to build or assist in building any competing service or platform;

• Share account credentials with any individual not authorized to use Customer’s account; and

• Engage in any use that violates applicable federal, state, or local law.

4.3 Warning and Suspension System

Before terminating your account for violations of these Terms, we may, in our discretion, provide you with a warning and an opportunity to cure the violation. If the violation is not cured within a reasonable time period specified in the warning, or if you commit additional violations, we may suspend your account temporarily or terminate it permanently. Repeated violations may result in immediate termination without warning.

4.4 Compliance

Customer is solely responsible for ensuring its use of pricing information obtained through the Services complies with all applicable laws, including but not limited to antitrust, competition, and trade regulation laws.

4.5 Competition and Antitrust Compliance

The Services are designed to provide access to publicly available pricing information for independent internal analysis and decision-making. The Services are not intended, and may not be used, to facilitate coordination or agreement among competitors regarding prices, margins, output, bids, territories, customers, or other competitively sensitive terms.

Independent Business Judgment. Customer represents, warrants, and covenants that it exercises sole, independent, and unrestricted business judgment in establishing its prices, output volumes, marketing strategies, and supply chain decisions. Customer explicitly acknowledges that the Platform is a passive information-aggregation tool provided solely for retrospective, historical market analysis. Under no circumstances shall the Platform, its data outputs, or its analytical features be construed, utilized, or relied upon as financial advice, market coordination, or a recommendation for specific pricing or production levels.

Absolute Prohibition on Collusion and Signaling. limiting any other restriction in these Terms, Customer shall not use the Services, any pricing data, or any report generated through the Services to: (a) coordinate, discuss, or fix prices, profit margins, discounts, or terms of credit; (b) communicate proposed, current, or future prices, margins, discounts, or output decisions to any competitor; (c) request, invite, or encourage any competitor to match, stabilize, coordinate, or align prices or other competitive conduct; (d) implement or monitor any agreement or understanding with competitors concerning prices, bids, output, territories, customers, or supplier relationships; (e) Allocate or divide geographic markets, territories, customers, or product line; (f) support or facilitate any group boycott, coordinated refusal to deal, or other concerted action; (g) exchange or submit forward-looking, non-public data regarding future intended pricing, upcoming capacity adjustments, or bidding strategies; or (h) engage in any conduct that violates applicable antitrust, competition, unfair trade, or similar laws.

Acknowledgement of Non-Interdependence. Customer acknowledges that any pricing or production adjustments it makes following the review of aggregated data on the Platform are the result of its own unilateral, independent analysis of historical market conditions. Customer affirms it has not entered into any express, implied, or tacit agreement, arrangement, or concerted practice with any other user or competitor to match, stabilize, or artificially manipulate meat market pricing or supply levels.

Compliance Audits and Termination. We reserve the right, but do not assume the obligation, to monitor data submission patterns for compliance with this Section. If we, in our sole discretion, suspect that Customer is utilizing the Platform or the Services to facilitate parallel pricing, anti-competitive signaling, or a “hub-and-spoke” arrangement, we reserve the right to immediately suspend or terminate Customer’s access without notice, liability, or refund, and may report such conduct to relevant federal antitrust authorities.

Customer acknowledges that all pricing and competitive decisions must be made independently and in compliance with applicable law. Company does not provide legal advice, does not recommend coordinated pricing conduct, and does not authorize use of the Services for any unlawful purpose.

5. Data Sources, Coverage, and Limitations

5.1 Publicly Available Data Only

The Services monitor only publicly available pricing information from third-party websites and sources that are accessible without authentication, paywall bypass, or any circumvention of technical controls. Company does not access proprietary or restricted data.

Customer shall not upload, submit, or provide to Company any confidential, proprietary, or non-public competitor pricing information, including pricing obtained through private communications, restricted-access portals, unpublished lists, or other non-public channels.

5.2 Coverage Disclaimers

Customer expressly acknowledges and agrees that:

• Coverage depends entirely on the continued public availability of third-party data sources;

• If a source becomes unavailable, replacement coverage may not always be possible;

• Some stores, locations, or competitor websites may not support automated price tracking;

• Pricing data may occasionally be delayed, incomplete, or temporarily unavailable; and

• Third-party websites may change their structure, restrict access, or go offline at any time without notice to Company.

5.3 Custom Competitor Sources

Custom competitor sources are configured at onboarding. If a competitor website undergoes a material structural change after onboarding that disrupts tracking, Company will notify Customer within five (5) business days of discovery. Restoration of tracking for such a source will be quoted separately and requires Customer’s approval before work commences.

5.4 No Guarantee of Competitive Advantage

The Services are designed to support pricing decisions, not replace owner or management judgment. Company makes no representation that use of the Services will result in increased revenue, competitive advantage, or any specific business outcome.

The Services and any reports or analytics generated through the Services are informational tools only and do not constitute legal advice, compliance advice, or a recommendation regarding any specific pricing action.

6. Intellectual Property

6.1 Company Ownership

All software, source code, algorithms, data collection methodologies, report templates, platform interfaces, designs, and proprietary processes underlying the Services are and remain the sole and exclusive intellectual property of Company. These Terms grant Customer no ownership interest in any Company intellectual property.

6.2 Limited License to Use Services

Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for Customer’s personal or internal business purposes. This license does not include any right to: (a) resell the Services; (b) distribute, publicly perform, or publicly display any part of the Services; (c) modify or otherwise make derivative works of the Services; (d) reverse engineer or attempt to extract source code from the Services; or (e) access the Services to build a competitive product or service.

6.3 Customer Data

Customer retains all ownership rights to information Customer submits to Company (e.g., product lists, competitor sources, location preferences). Customer grants Company a limited, royalty-free license to use such data solely to provide the Services to Customer.

6.4 Report Outputs

Weekly market reports delivered to Customer are licensed, not sold, for Customer’s internal use only. Customer may not redistribute, publish, or resell report contents.

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING:

• ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT;

• ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

• ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY PRICING DATA OR REPORT; AND

• ANY WARRANTY THAT DATA OR REPORTS WILL BE SUITABLE FOR ANY SPECIFIC BUSINESS DECISION

CUSTOMER ACKNOWLEDGES THAT ALL BUSINESS DECISIONS MADE USING THE SERVICES ARE SOLELY AT CUSTOMER’S OWN RISK AND BUSINESS JUDGMENT.

8. Limitation of Liability

8.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 Aggregate Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY’S TOTAL CUMULATIVE LIABILITY TO CUSTOMER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO COMPANY IN THE THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8.3 Limitation Period

Any Dispute must be commenced within one (1) year after the cause of action accrues, or such Dispute will be permanently barred.

8.4 Essential Basis

THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY ABOVE REFLECT A REASONABLE AND NEGOTIATED ALLOCATION OF RISK AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. COMPANY WOULD NOT PROVIDE THE SERVICES AT THESE PRICES WITHOUT THESE LIMITATIONS.

9. Indemnification

Customer agrees to defend, indemnify, and hold harmless Company and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and reasonable attorneys’ fees arising out of or relating to:

• Customer’s use of or reliance upon the Services or any pricing reports;

• Customer’s violation of these Terms or any applicable law;

• Any business decision made by Customer based on information obtained through the Services; and

• Any claim by a third party arising from Customer’s use or misuse of pricing data.

10. Confidentiality

Each party agrees to keep confidential any non-public business information disclosed by the other party in connection with the Services (“Confidential Information”). Company’s proprietary platform, pricing, and methodology are Confidential Information of Company. Customer’s product lists and competitor sources are Confidential Information of Customer. Neither party shall disclose the other’s Confidential Information to any third party without prior written consent, except as required by law.

11. Cancellation and Termination

11.1 Cancellation by Customer

Customer may cancel the monthly subscription at any time by providing written notice to Company via:

• Email: admin@thebutcherscuts.com; or via a link to cancel included in each weekly report.

Cancellations must be received at least five (5) business days prior to the next Billing Date to avoid being charged for the next month. Upon cancellation, Customer retains access through the end of the current paid billing period. No partial-month refunds are issued.

11.2 Termination by Company

Company may terminate Customer’s access to the Services under any of the following circumstances:

• Material breach of these Terms not cured within ten (10) business days of written notice;

• Non-payment as described in Section 3.4;

• Conduct that poses a legal, security, or reputational risk to Company or third parties; and

• Discontinuation of the Services (with thirty (30) days’ prior written notice to Customer).

11.3 Effect of Termination

Upon termination for any reason:

• Customer’s license to access the Services immediately ceases;

• Company has no obligation to retain Customer data or reports beyond thirty (30) days following the termination date;

• The non-refundable nature of the setup fee remains in effect; and

• All provisions that by their nature should survive (warranty disclaimers, limitation of liability, indemnification, governing law) shall survive termination.

11.4 Setup Fee Non-Refundability

The $500.00 setup fee is non-refundable once onboarding work has commenced, regardless of the reason for cancellation or termination.

12. Modifications to Terms

Company reserves the right to modify these Terms at any time. Company will provide at least fourteen (14) days’ prior written notice of any material changes via email to Customer’s address on file. Continued use of the Services after the effective date of any modification constitutes acceptance of the updated Terms. For modifications to the automatic renewal provision, separate affirmative consent will be re-obtained.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

13.2 Venue

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Collin County, Texas. Each party hereby consents to personal jurisdiction and venue in such courts.

13.3 Informal Dispute Resolution

Before initiating formal legal proceedings, the parties agree to attempt to resolve any dispute in good faith through direct written negotiation for a period of thirty (30) days following written notice of the dispute.

13.4 Waiver of Jury Trial

TO THE EXTENT PERMITTED BY LAW, BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES.

14. General Provisions

Entire Agreement: These Terms, the Privacy Policy, and the EULA constitute the entire agreement between the parties and supersede all prior communications.

Waiver: Failure to enforce any provision does not constitute a waiver of future enforcement rights.

Severability: If any provision is found unenforceable, the remainder of these Terms continues in full force.

Force Majeure:  We shall not be liable for any failure or delay in performance of our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, civil unrest, government actions, labor disputes, epidemics, pandemics, internet or telecommunications failures, power outages, or other unforeseeable events (collectively, “Force Majeure Events”). If a Force Majeure Event continues for more than sixty (60) consecutive days, either party may terminate these Terms upon written notice to the other party. In such event, you will be entitled to a pro-rated refund of any prepaid fees for the period during which the Service was unavailable due to the Force Majeure Event.

No Partnership: Nothing herein creates any partnership, agency, franchise, or employment relationship.

Assignment: Customer may not assign these Terms without Company’s prior written consent. Company may assign freely.

Notices: Notices to Company must be sent to admin@thebutcherscuts.com. Notices to Customer will be sent to the email address on file and are deemed received when sent.

15. Contact Information

The Butcher’s Cuts
thebutcherscuts.com
admin@thebutcherscuts.com