Acceptance of Terms

By creating an account, accessing, or using this platform, you acknowledge and agree to comply with and be bound by these Terms and Conditions and all applicable laws and regulations.

Platform Purpose & Scope

This platform is designed strictly to provide administrative and organizational tools for scheduling, communication, negotiation, proposal creation, and preliminary agreement drafting.

Proprietary Rights and Intellectual Property

All software, code, proprietary workflows, question frameworks, graphic designs, interface layouts, and trademarks associated with FairMiddle and MunkeMedia are the exclusive intellectual property of the platform and its licensors. You are granted a limited, non-exclusive, non-transferable, revocable license to access the platform solely for your personal family planning and proposal drafting needs. You agree not to reverse engineer, copy, scrape, reproduce, or commercially exploit any software, questionnaire structures, or platform assets.

Independent Service Provider

FairMiddle and MunkeyMedia are private, commercial technology platforms. The platform is entirely independent and is not affiliated with, endorsed by, funded by, or operating in connection with any state court system, family court division, public agency, judicial administrative district, or court-appointed mediator.

Legal Disclaimer: No Legal Representation or Advice

THE PLATFORM DOES NOT PROVIDE LEGAL SERVICES, LEGAL REPRESENTATION, LEGAL ADVICE, FINANCIAL ADVICE, OR PROFESSIONAL MEDIATION SERVICES. IT IS NOT A SUBSTITUTE FOR CONSULTATION WITH A LICENSED ATTORNEY, NOR IS IT INTENDED TO REPLACE OR BE RECOGNIZED AS AN OFFICIAL COURT-APPROVED DOCUMENT, INCLUDING BUT NOT LIMITED TO A COURT ORDER.

This platform does not operate as a law firm. Its tools are designed exclusively to assist users in outlining and documenting terms to present to their independent legal counsel. Any proposals, schedules, or agreements generated through this service serve solely as a preliminary record of mutual consensus between the participating parties; they are not legally binding unless formally ratified by a court or relevant governing authority. We strongly advise all users to consult with a licensed attorney prior to finalizing or executing any legal agreements.

Legal Terminology and User Due Diligence

The platform may use common legal concepts, family law phrasing, statutory references, or standard industry terminology (such as "sole custody," "time-sharing," "legal custody," "parenting coordinator," or "jurisdiction") strictly for organizational labeling and workflow navigation. The platform and its operators are not attorneys, do not define legal terms for your specific matter, and do not provide legal interpretations, advice, or counsel regarding how these terms apply to your circumstances.

You acknowledge and agree that it is solely your responsibility to research, understand, and independently verify the definition, application, and legal consequences of any term, phrase, or concept presented on the platform. If you do not fully understand any legal terminology, statutory concept, or the implications of any provision generated by the platform, you must consult with an independent, licensed attorney prior to finalizing, signing, or relying on any proposal or agreement.

No Emergency or Crisis Response

The platform is an asynchronous negotiation and documentation tool. It is NOT monitored for emergencies, immediate threats, domestic violence incidents, or child endangerment. If you or your child are in immediate physical danger, facing an emergency, or suspect abuse or neglect, do NOT communicate through this platform. Immediately dial 911, contact local law enforcement, or reach out to child protective services.

Educational Content & Voluntary Participation

The prompts, questions, and templates provided on this platform are for educational and preparatory purposes only. They are derived from general public knowledge and reviews of standard scenarios. By proceeding, you acknowledge and agree that your participation is entirely voluntary. You are not being directed, coerced, or steered toward any specific response, and you retain the right to opt out or discontinue use at any time.

Furthermore, you understand that this platform is not exhaustive. It is not intended to represent a complete legal assessment, nor does it encompass all the information your legal counsel may require to fully evaluate your position, proposals, or settlement parameters. This service serves merely as an operational starting point and must not be considered a definitive or final legal strategy.

User Responsibilities & Data Accuracy

Users bear sole responsibility for the truthfulness, legality, and accuracy of all information submitted through the platform. You agree to maintain the security of your login credentials and accept responsibility for all activities that occur under your account.

Minor Data & Parental Authority

The platform allows users to input information regarding minor children strictly for scheduling and proposal drafting purposes. By entering information concerning any minor child, you represent and warrant that you are the parent or legal guardian of such minor and possess full legal authority to provide such information.

Collaborative Workspaces & Information Sharing

Certain features require establishing a shared or dual-party workspace. You acknowledge and agree that any data, proposals, counter-proposals, notes, or schedules you submit within an active workspace will be accessible and visible to the other participating party. The platform is not responsible for any disclosure, dissemination, or actions taken by the invited party regarding information shared inside a workspace.

Communication Tools and Automated Phrasing

The platform may provide automated guidance, prompt phrasing suggestions, or communication reflection tools intended to reduce conflict. You understand and agree that these features are purely automated editorial aids, not psychological, behavioral, or legal assessments. The platform does not guarantee that suggested revisions will eliminate conflict, satisfy any legal standard, or prevent misinterpretation by the receiving party. You retain full editorial control and ultimate responsibility for all language, notes, and messages transmitted through your account.

Electronic Signatures and Records

By using the platform to review, approve, or apply your digital signature to proposals, time-sharing schedules, or final draft agreements, you agree to conduct transactions electronically under the Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Florida Uniform Electronic Transaction Act (UETA). You acknowledge and agree that your electronic signature, digital approval, or affirmative checkbox has the same legal force and effect as a handwritten signature.

Audit Logs, Timestamps, and Record Retention

While the platform provides immutable activity timestamps, conflict logs, and record histories for user convenience, the platform does not warrant that its records, audit trails, or exported files will automatically satisfy evidentiary standards or formal rules of evidence in any specific jurisdiction. You are solely responsible for routinely exporting, backing up, and independently maintaining copies of all proposals, records, and final draft documents for your own legal records. The platform is not an archival escrow service and assumes no liability for deleted, corrupted, or unbacked data.

System Notifications and Time-Sensitive Deadlines

The platform may send automated email notifications, countdown reminders, or system alerts regarding workspace activities, pending requests, or expiring timers. You acknowledge that delivery of third-party emails and alerts is not guaranteed and may be affected by email filters, spam blockers, or carrier outages. You are solely responsible for actively logging into the platform to monitor deadlines, response windows, and workspace statuses. The platform assumes no liability for missed deadlines or automated status conversions resulting from undelivered or unread notifications.

Acceptable Use & User Conduct

You agree not to use the platform to harass, threaten, stalk, abuse, defame, or intimidate any party, including co-parents, legal representatives, or minors. You are strictly prohibited from uploading unlawful, profane, infringing, or hostile material. While the platform provides structured tools to facilitate communication, it does not act as a moderator or referee. We reserve the right, at our sole discretion, to suspend or terminate any user account or workspace that violates these standards.

Payment, Refunds, and Credit Policy

All purchases made through the platform are final. We do not offer refunds, cancellations, exchanges, or credits under any circumstances.

Unused Credits: Any unused credits associated with the "Submit a Request" feature are permanently forfeited once the final agreement or proposal is generated.

Workspace Reactivation Fees: Workspace reactivation fees are strictly non-refundable, regardless of whether the other participating party chooses to reactivate or engage with their respective workspace. If the other party successfully reactivates their workspace, the access period timer will reset, granting users full access to workspace features.

Time Extensions: Fees associated with "Time Extension" purchases are strictly non-refundable, regardless of whether the other participating party returns to the platform or engages in the extension process. In the event the other party fails to participate, the purchasing user retains the right to convert the active Negotiation directly into a Proposal.

Payment Processing and Financial Security: Payments made through FairMiddle are facilitated and processed by independent, third-party payment gateways and billing providers. We do not store, process, or transmit complete payment card numbers or sensitive financial authentication data on our servers; all payment transactions are handled directly by our payment processors in accordance with applicable PCI-DSS standards. By submitting a transaction, you represent and warrant that you possess full legal authorization to use the payment method provided and agree to be bound by the operating terms and privacy policies of our third-party processors. FairMiddle is not liable for technical outages, card network declines, or processing errors caused by third-party processors.

Payment Disputes, Chargebacks, and Collection of Costs: You explicitly acknowledge, understand, and agree that all purchases, reactivation fees, extension fees, and related transactions made on FairMiddle are final and strictly non-refundable. In the event that any payment made by you is reversed, voided, cancelled, rescinded, returned, or charged back for any reason whatsoever—including, but not limited to:

• A formal chargeback, credit card dispute, or bank retrieval request;
• Claims of unauthorized use, whether by an authorized or unauthorized third party;
• Reports or claims of fraud, stolen card data, or identity theft;
• A stop-payment order, NSF (non-sufficient funds) return, or returned electronic transfer;
• Cancelling a pending digital transaction, ACH reversal, or wire recall;
• Revoking merchant authorization after access or services have been provisioned; or
• Any merchant-level dispute initiated through our payment processors—

FairMiddle reserves the immediate, absolute right to enforce the debt and recover all outstanding amounts using any and all lawful remedies, including but not limited to:

1. Immediate Re-Billing: Automatically attempting to re-charge or re-debit the primary payment method on file, or any alternate billing method previously authorized under your account, for the full disputed amount plus applicable recovery fees;
2. Account Restrictions: Immediately suspending, restricting, or permanently terminating your account, locking shared workspaces, and invalidating active draft sessions or generated agreements without liability; and
3. Collections and Legal Action: Referring your delinquent account to a licensed third-party collection agency or initiating formal civil proceedings against you.

User Liability for Fees and Collection Expenses: If a payment is disputed, cancelled, or reversed under any of the circumstances described above, you agree to remain fully liable for the original service transaction amount. In addition, you explicitly agree to reimburse FairMiddle for all direct and indirect expenses incurred as a result of the reversal, including:

• All merchant chargeback fees, bank penalty fees, processing surcharges, returned check fees, and administrative reversal penalties assessed to FairMiddle;
• A reasonable administrative processing fee to cover internal labor and investigation overhead; and
• Any and all collection fees, court costs, filing fees, administrative arbitration expenses, and reasonable attorney's fees incurred by FairMiddle, at any capacity or tier of representation, in pursuing, recovering, or defending the disputed funds and related charges.

FairMiddle reserves the right to charge these accumulated fees, penalties, and collection expenses directly to your payment method or add them to the total debt balance forwarded to collections.

Workspace Cancellation & Status Conversions

Upon the cancellation of a Workspace, any active Proposal or Negotiation will be immediately locked in its current state. If a cancellation occurs while the Workspace is in Negotiation mode, the non-cancelling party retains the right to convert the Workspace into a Proposal. Once a Workspace has been converted into a Proposal under these circumstances, the action is permanent, and the Workspace cannot be reverted to Negotiation mode. Any reactivation fees remain subject to the non-refundable terms set forth above.

Promotions and Discount Codes

Promotional codes, discounts, or referral credits are non-transferable, cannot be redeemed for cash, and cannot be combined unless expressly stated. The platform reserves the right to validate, modify, or cancel promotional codes at any time without prior notice if fraudulent or unauthorized use is suspected.

Litigation, Subpoenas, and Platform Neutrality

The platform is an independent technology provider and is not an expert witness, mediator, or party to any family law case, custody proceeding, or litigation. In the event the platform is served with a subpoena, court order, or formal discovery request regarding your account, workspaces, or communication records, you agree to reimburse the platform for all reasonable attorney’s fees, administrative time, and operational costs incurred in reviewing, responding to, or complying with such requests.

Disclaimer of Warranties

THE SERVICE IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UPTIME, SOFTWARE AVAILABILITY, ERROR-FREE OPERATIONS, OR THAT ANY GENERATED DOCUMENTS OR PROPOSALS WILL BE ACCEPTED BY ANY SPECIFIC COURT, JUDGE, OR MEDIATOR.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM, ITS OPERATORS, OFFICERS, DIRECTORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF CUSTODY RIGHTS, PARENTING TIME, LEGAL EXPENSES, OR ATTORNEY FEES ARISING OUT OF THE USE OR INABILITY TO USE THE PLATFORM. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE PLATFORM DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Indemnification

You agree to defend, indemnify, and hold harmless the platform, its officers, employees, and affiliates from and against any claims, liabilities, damages, judgments, losses, or expenses (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your input of inaccurate, false, or unauthorized information; or (c) any disputes or litigation between you and any third party, including the other co-parenting party.

Account Suspension & Termination

The platform reserves the right to immediately suspend, restrict, or terminate any account or access to workspaces, without prior notice or liability, for conduct that violates these Terms, abuses the software, or infringes upon the rights of others.

Governing Law & Mandatory Arbitration

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or use of the platform shall be resolved exclusively through final and binding individual arbitration administered in the State of Florida, rather than in court. You explicitly waive any right to bring or participate in a class-action lawsuit, collective action, or representative proceeding against the platform.

Severability and Entire Agreement

These Terms constitute the entire agreement between you and the platform regarding your use of the service, superseding any prior written or oral agreements. If any provision of these Terms is found to be invalid, unlawful, or unenforceable by an arbitrator or court of competent jurisdiction, that specific provision shall be severed or limited to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

Modifications to Terms

We reserve the right to update or modify these Terms at any time. Any changes will become effective immediately upon posting. Your continued use of the platform following the posting of revised Terms constitutes your full acceptance of the modifications.

Contact Information

For questions regarding these Terms and Conditions or the platform, please contact us at: support@fairmiddle.com

Final Acknowledgment

By creating an account, selecting "I Agree," or checking the Terms and Conditions box, you acknowledge that you have read, understood, and agreed to be bound by all the provisions set forth in these Terms and Conditions.