TERMS OF SERVICE & DISCLAIMERS

DRAFT FOR ATTORNEY REVIEW · PREPARED 2026-08-01

# Sagebrush Intelligence — Disclaimers & Terms of Service **DRAFT FOR ATTORNEY REVIEW — NOT LEGAL ADVICE** Prepared August 1, 2026. Bracketed items require decisions or counsel input. --- ## PART 1 — Short-Form Disclaimers ### 1.1 Site Footer (every page) > Sagebrush Intelligence provides probability estimates and market analysis for cannabis licensing jurisdictions. Our outputs are informational forecasts, not predictions, guarantees, or assurances of any regulatory outcome. We do not provide legal advice. Cannabis remains a Schedule I controlled substance under federal law. See our full [Terms of Service] and [Disclaimer]. ### 1.2 Checkout Acknowledgment (checkbox, required before purchase) > I understand that Sagebrush Intelligence products are probability estimates based on public data and proprietary modeling; that no licensing outcome is guaranteed; that Sagebrush is not my attorney and provides no legal advice; and that I am solely responsible for my business decisions and for verifying all regulatory requirements with qualified counsel. ### 1.3 Report Cover Page (on every delivered PDF) > **About this report.** The scores, rankings, and probability figures in this document are model outputs, not predictions of fact. They reflect conditions as of the data date shown and are derived from public records, published regulations, and Sagebrush's proprietary scoring framework. Regulatory conditions change without notice. A high score does not mean an application will be granted; a low score does not mean it will be denied. This report is not legal advice and does not substitute for counsel licensed in the relevant jurisdiction. > > Data as of: [DATE] · Jurisdiction file version: [VERSION] · Prepared for: [LICENSEE] · Not for redistribution. --- ## PART 2 — Terms of Service (Draft) ### 1. Acceptance By purchasing, accessing, or using any Sagebrush Intelligence product or service ("Services"), you agree to these Terms. If you are acting on behalf of an entity, you represent that you have authority to bind that entity. ### 2. Nature of the Services Sagebrush Intelligence [LEGAL ENTITY NAME] provides analytical products relating to cannabis licensing jurisdictions, including locality profiles, probability scoring, trajectory analysis, and application document generation. The Services are informational and analytical technology products. They are not: - legal advice or legal services; - a prediction, warranty, or assurance that any license will be awarded, denied, or delayed; - a representation of any regulator's intent, position, or future action; - investment advice or a solicitation to invest; - a substitute for professional legal, financial, tax, or compliance counsel. ### 3. No Attorney-Client Relationship Nothing in the Services creates an attorney-client relationship. Sagebrush is not a law firm and does not practice law. Application-generation outputs are drafting assistance and templates only. You are solely responsible for having all submissions reviewed by an attorney licensed in the relevant jurisdiction before filing. [COUNSEL: confirm this framing is sufficient for UPL exposure in each target state — NC, SC, VA, GA, PA, FL, TX, MI, LA.] ### 4. No Guarantee of Results Sagebrush makes no guarantee, warranty, or representation regarding: - the award, denial, timing, or terms of any license or permit; - the accuracy of any probability figure, score, rank, or projection; - the continued accuracy of any output following changes in law, regulation, agency practice, or local ordinance; - the commercial performance of any location, entity, or venture. Probability estimates express modeled likelihood under stated assumptions. They are not statements of fact about the future. Past accuracy of the model, if reported, does not guarantee future accuracy. ### 5. Methodology and Known Limitations Outputs are generated using a proprietary multi-factor scoring framework applied to public and licensed data. You acknowledge that: - the framework reflects analytical judgment and may be revised at any time; - source data may contain errors, gaps, or lags outside Sagebrush's control; - jurisdiction data files are updated on a periodic schedule and may not reflect changes occurring between updates; - model outputs are sensitive to assumptions and may change materially between versions; - outputs are jurisdiction-general and are not tailored to your specific facts, capital position, ownership structure, or application history unless expressly purchased as a custom engagement. ### 6. Third-Party Data Certain inputs are sourced from government records, third-party data providers, and public filings. Such data is provided "as is." Sagebrush does not create, control, verify, or endorse third-party data and disclaims all liability arising from errors, omissions, or delays in it. ### 7. AI-Generated Content Portions of the Services, including application-generation outputs, are produced using automated and AI-assisted systems. Such content may contain errors, omissions, or non-responsive language. You are solely responsible for reviewing, verifying, correcting, and approving all generated content before any use or submission. [COUNSEL: consider whether an express AI-disclosure clause is required in any target state.] ### 8. Your Responsibilities You agree that you are solely responsible for: your licensing strategy and business decisions; verifying all deadlines, eligibility criteria, and submission requirements with the relevant authority; retaining qualified counsel; the accuracy and completeness of any information you provide to Sagebrush; and compliance with all applicable federal, state, and local law. ### 9. License and Restrictions on Use Subject to payment, Sagebrush grants you a limited, non-exclusive, non-transferable license to use the outputs for your own internal business purposes. You may not: resell, sublicense, publish, or redistribute outputs; use outputs to build, train, benchmark, or validate a competing model, dataset, or scoring product; reverse-engineer or attempt to derive the underlying methodology, factors, or weights; remove or alter attribution, version markers, or watermarks; or share account credentials. Outputs may contain unique identifying markers. Unauthorized redistribution is a material breach and grounds for immediate termination without refund, in addition to any other remedy. [COUNSEL: advise on whether to add liquidated damages for competitive misuse, and whether the derivative-modeling restriction is enforceable in each target state.] ### 10. Intellectual Property All models, scoring frameworks, factor definitions, weightings, databases, software, templates, and documentation are and remain the exclusive property of Sagebrush. No rights are granted except as expressly stated. Delivery of an output does not transfer any interest in the underlying methodology. ### 11. Fees, Billing, and Refunds Fees are as posted at purchase. [DECIDE: refund policy. Recommended — no refunds once a report is delivered, given zero marginal cost and full disclosure of value at purchase; consider a limited pre-delivery cancellation window for the generation tier.] Subscription products, if offered, renew automatically until cancelled. Taxes are your responsibility. ### 12. Disclaimer of Warranties THE SERVICES AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. SAGEBRUSH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY OUTPUT WILL PROVE ACCURATE. ### 13. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAGEBRUSH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST BUSINESS OPPORTUNITY, LOST LICENSING OPPORTUNITY, APPLICATION FEES, CAPITAL LOSSES, OR COSTS OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. SAGEBRUSH'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO SAGEBRUSH IN THE [TWELVE (12)] MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. [COUNSEL: fees-paid cap is standard but thin against a claimant who lost a license opportunity and application fees. Advise whether a hard floor amount is preferable, and how this interacts with the decision to defer E&O coverage.] ### 14. Indemnification You agree to indemnify, defend, and hold harmless Sagebrush and its officers, members, employees, and agents from any claim, loss, liability, or expense (including reasonable attorneys' fees) arising from your use of the Services, any submission you make to any authority, your breach of these Terms, or your violation of applicable law. ### 15. Cannabis-Specific Acknowledgment You acknowledge that cannabis remains a Schedule I controlled substance under the federal Controlled Substances Act, that state-legal activity may carry federal risk, and that Sagebrush's Services do not constitute advice regarding federal exposure. Sagebrush does not cultivate, process, distribute, or sell cannabis. ### 16. Eligibility You must be at least [21] years of age and legally permitted to participate in cannabis licensing in your jurisdiction. ### 17. Term and Termination Sagebrush may suspend or terminate access for breach, suspected competitive misuse, or non-payment. Sections 3, 4, 9, 10, and 12–14 survive termination. ### 18. Modifications Sagebrush may modify these Terms; material changes will be posted with a revised effective date. Continued use constitutes acceptance. ### 19. Governing Law and Dispute Resolution These Terms are governed by the laws of [STATE — Maryland if entity is MD-domiciled], without regard to conflict-of-law rules. [DECIDE: binding arbitration with class-action waiver, or courts of a named venue. Arbitration is common for low-ticket volume products; consider a carve-out for injunctive relief protecting the model.] ### 20. Severability; Entire Agreement If any provision is held unenforceable, the remainder stays in effect. These Terms, together with any order form or statement of work, constitute the entire agreement. ### 21. Contact [ENTITY NAME], [ADDRESS], [EMAIL] --- ## PART 3 — Priority Items for Counsel Ranked by exposure, highest first. 1. **Unauthorized practice of law — the $2,999 generation tier.** This is the single largest risk in the product line. Generating substantive application narrative for submission to a state regulator may be characterized as legal services in some jurisdictions. Ask specifically about each target state, and whether an attorney-review requirement, a template-only framing, or a licensed-counsel partnership is needed. 2. **Liability cap adequacy.** A fees-paid cap on a $99 report is meaningless to a claimant who spent $250K entering a market. Ask whether the cap holds, what a realistic worst case looks like, and whether the decision to defer E&O until revenue is defensible in the interim. 3. **Enforceability of the anti-derivative-modeling clause.** This is the commercial moat. Ask what actually holds against a competitor purchaser and whether liquidated damages strengthen it. 4. **Forward-looking / probability language.** Confirm the framing distinguishes modeled likelihood from prediction clearly enough to survive a "you told me I'd win" claim. 5. **Entity and venue.** Which entity contracts, and does it match the governing-law clause. 6. **Marketing consistency.** Any site copy promising odds, edges, or outcomes must not contradict Section 4. Counsel should review landing pages alongside the Terms.