Onyx Ingenuity, LLC

Effective Date: January 1, 2020 Last Updated: August 5, 2026

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 19) AND LIMITATIONS OF LIABILITY (SECTION 17). THEY ALSO INCORPORATE THE FOLLOWING POLICIES: OUR PRIVACY POLICY, OUR STORE POLICIES, EVENT-SPECIFIC TERMS PRESENTED AT REGISTRATION, AND, FOR CLIENT ENGAGEMENTS, OUR PROFESSIONAL SERVICES TERMS.

1. Acceptance of These Terms

This website (the "Site") is owned and operated by Onyx Ingenuity, LLC ("Onyx Ingenuity," "we," "us," or "our"), a Florida limited liability company. By accessing or using the Site, you accept these Terms of Use (these "Terms") and our Privacy Policy, which is incorporated by reference. If you do not accept these Terms, do not use the Site.

2. About Onyx Ingenuity, LLC and the Site

Onyx Ingenuity, LLC is an enterprise software and technology company, a Florida limited liability company founded in 2020 and based in Miami, Florida. The firm develops commercial software products, including OpsPilot Intelligence; provides implementation and advisory services, including transformation, program, portfolio, and product leadership, to organizations operating in complex and regulated industries; and publishes editorial and magazine content under the Onyx Ingenuity brand. The Site presents these services and products, operates an online store offering Onyx Ingenuity brand merchandise and related items, offers registration for select events, and provides community features such as comments in designated areas and customer accounts. Informational content on the Site is provided for general purposes.

3. Accounts

You may create an account to access your orders, event registrations, purchases, and service interactions with Onyx Ingenuity, LLC. The following applies to all accounts:

You agree to provide accurate, current information at registration and to keep it updated.
Age: accounts may be created by adults 18 or older. A minor between 13 and 17 may hold an account only with the verifiable consent of a parent or legal guardian, and activation of a minor’s account requires parental verification and approval. Accounts for children under 13 are not permitted under any circumstances. Any account found to belong to a person who misrepresented their age will be suspended immediately.
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account, and you agree to notify us promptly at security@onyxingenuity.com of any unauthorized use.
We may suspend or terminate any account at any time for violation of these Terms, misrepresentation, security reasons, or unlawful conduct. You may close your account at any time by contacting us.

4. Changes to These Terms

We may revise these Terms at any time by updating this page. Revisions are effective when posted, except that changes to the dispute resolution provisions will not apply to disputes of which the parties had actual notice before the change was posted. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

5. No Professional Advice

Content on the Site, including articles, service descriptions, product information, and any outputs of interactive tools, is informational only and does not constitute consulting, legal, financial, accounting, medical, or other professional advice, and does not create a client or engagement relationship. Professional services are provided only under a written engagement as described in our Professional Services Terms.

6. Product Information and Previews

Descriptions of software products on the Site, including OpsPilot Intelligence, describe products in active development. Product previews are illustrative and use synthetic data. Feature descriptions, tiers, capabilities, and any indicative structures shown are directional, may change, and do not constitute a binding offer, commitment, or warranty of availability or functionality. Participation in any preview or assessment program is subject to separate written terms.

Statements on the Site about planned capabilities, roadmaps, or future availability are forward-looking, are subject to change without notice, and create no obligation to deliver any feature or product.

7. Store Purchases

Purchases from our online store are subject to this Section and to our Store Policies (returns, refunds, and shipping), which are Additional Terms incorporated into these Terms and presented at checkout.

Order acceptance: your order is an offer to purchase. An order confirmation does not constitute acceptance; we may cancel or limit any order, including for pricing or availability errors, suspected fraud, or shipping restrictions, and we will refund amounts paid for any order we cancel.
Pricing and availability: prices, products, and availability may change without notice. Prices, taxes, and shipping charges are presented at checkout before you pay. We do not add separate card processing or service fees at checkout.
Payment: payments are processed by third-party payment processors (Squarespace Payments, Square, and PayPal), through the payment cards and digital wallets they support, as described in the Store Policies. We do not receive or store full payment card numbers; for refunds or customer service we may see limited transaction details provided by a processor, such as the last four digits of a card. Your use of a processor is subject to that processor’s terms.
Shipping: risk of loss and title for physical items pass to you upon our delivery of the item to the carrier. Shipping destinations, methods, and charges, including international shipping where offered, are described in the Store Policies.
Personal use: store items are sold for personal, non-commercial use. Commercial resale is not authorized without our written permission.

8. Event Registrations

The Site may offer registration or tickets for events, including Digital Garage events. Event registrations are subject to this Section, the Store Policies, and any event-specific terms presented at registration, which are Additional Terms.

Hosted events: events may be hosted and operated by third-party hosts, such as dealerships or other venues, under agreements between the host and Onyx Ingenuity, LLC. For hosted events, the host is responsible for the venue, event operations, on-site safety, security, and its own insurance. Onyx Ingenuity, LLC provides event registration, ticketing, promotion, and coordination services and does not operate the venue.
Event changes: event dates, venues, formats, and programming may change; events may be postponed or canceled, including for weather or safety. Our refund and credit handling for changed or canceled events is stated in the event-specific terms.
Registrations are personal to the registrant and are not transferable unless the event-specific terms state otherwise.
In-person events: attendance at in-person events involves inherent risks, including risks associated with vehicles and event activities. Attendees must comply with host and venue rules and staff instructions, and the host may require participants or attendees to sign a release and waiver of liability at or before the event. Entry may be refused or attendance ended for safety or conduct reasons without refund where the event-specific terms so provide.
Responsibility: claims arising from venue conditions or the operation of a hosted event are the responsibility of the event host. Nothing in this Section expands Onyx Ingenuity, LLC’s liability beyond Section 17.

9. Interactive Tools and AI Features

The Site may offer interactive tools, including AI-assisted features such as chat or discovery assistants. These features may process the information you submit using artificial intelligence technology, including models and services operated by third-party AI providers, and your inputs may be transmitted to those providers for processing. AI-generated outputs are probabilistic: they may be inaccurate, incomplete, or inappropriate, similar inputs from different users may produce similar or different outputs, and outputs do not represent the views or commitments of Onyx Ingenuity, LLC. Outputs, including any estimates or planning ranges, are informational and non-binding, are not quotes, proposals, or professional advice, and must not be relied on without independent evaluation and, where appropriate, human review. Any engagement or pricing is established only through a written agreement. Do not submit sensitive or confidential information, or personal information about others, through AI features.

10. User Content and Comments

Where the Site permits comments or other submissions ("User Content"), the following applies:

You retain ownership of your User Content. By submitting it, you grant Onyx Ingenuity, LLC a non-exclusive, worldwide, royalty-free license to host, display, reproduce, moderate, and remove that User Content in connection with operating the Site.
You are solely responsible for your User Content. You agree not to post content that is unlawful, defamatory, harassing, obscene, infringing, deceptive, or that violates another person’s rights or privacy, and not to post spam or commercial solicitations.
We may, but are not obligated to, monitor User Content, and we may remove or decline to publish any User Content at any time for any reason. Moderation tools, including automated spam filtering, may be applied.
User Content reflects the views of the person who posted it, not of Onyx Ingenuity, LLC. Copyright complaints regarding User Content are handled under Section 15.

11. Feedback and Submissions

We welcome feedback, suggestions, and ideas about our Site, services, and products ("Feedback"). If you provide Feedback, you grant Onyx Ingenuity, LLC a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate it into our Site, services, and products without restriction, attribution, or compensation. Feedback is voluntary and is received on a non-confidential basis, and we may already be developing, or may independently develop, similar ideas. Do not send confidential or proprietary information through the Site; information is received in confidence only under a signed agreement.

12. Intellectual Property and Limited License

All content on the Site, excluding User Content, including text, graphics, logos, images, page designs, code, and the overall look and feel, is the property of Onyx Ingenuity, LLC or its licensors and is protected by copyright, trademark, and other laws. The Site’s design, layout, theme, graphics, and code may not be copied, reproduced, republished, or used to create a derivative or imitation site, in whole or in part, without our prior written permission. We grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Site for its intended purposes. No other rights are granted. "Onyx Ingenuity," the Onyx Ingenuity logo, and "OpsPilot Intelligence" are marks of Onyx Ingenuity, LLC; no license to use them is granted by these Terms.

Other trademarks, product names, and logos appearing on the Site are the property of their respective owners; no license to them is granted, and references to third-party products or services do not imply endorsement or affiliation.

13. Acceptable Use

You agree to use the Site lawfully and agree that you will not:

Attempt to gain unauthorized access to the Site or any connected systems or networks.
Use scraping tools, robots, spiders, or other automated means to access, copy, or index the Site or collect information from it.
Interfere with the Site’s operation, including transmitting malicious code, probing or testing vulnerabilities without authorization, or imposing an unreasonable load on our infrastructure.
Frame or mirror the Site, or misrepresent your affiliation with Onyx Ingenuity, LLC.
Use the Site in violation of any applicable law.

We may suspend or terminate access to the Site at any time, with or without notice, including for violation of these Terms.

14. Third-Party Links

The Site may contain links to third-party sites provided for convenience. We do not control and are not responsible for their content or practices, and a link does not constitute endorsement. You access third-party sites at your own risk.

15. Copyright Complaints (DMCA)

If you believe content on the Site, including User Content, infringes your copyright, send notice meeting the requirements of the Digital Millennium Copyright Act to our designated agent, registered with the U.S. Copyright Office (Registration No. DMCA-1075693):

8350 Martingale Dr, Apt 202, Lake Worth, FL 33467

[Maintenance note (internal only, not part of published Terms): this address must always match the agent address on file with the U.S. Copyright Office under Registration No. DMCA-1075693. A mailing-address amendment is on the founder's legal docket; when filed, this document and the live site must be updated together with the Copyright Office registration, never separately or ahead of it.]

Email: legal@onyxingenuity.com

Notices must include: identification of the copyrighted work; the location of the allegedly infringing material on the Site; your name, address, telephone number, and email; a good-faith statement that the use is not authorized; a statement under penalty of perjury that the notice is accurate and you are the owner or authorized to act for the owner; and your physical or electronic signature. If your User Content was removed and you believe the removal was mistaken, you may submit a counter-notice with the information required by the DMCA to the same agent. We may terminate the posting privileges of repeat infringers.

16. Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. INFORMATION ON THE SITE MAY BE INCOMPLETE, OUT OF DATE, OR SUBJECT TO CHANGE WITHOUT NOTICE, AND WE UNDERTAKE NO DUTY TO UPDATE IT. PHYSICAL PRODUCTS PURCHASED FROM THE STORE ARE COVERED ONLY BY THE RETURN RIGHTS STATED IN THE STORE POLICIES; TO THE FULLEST EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES ON PRODUCTS ARE DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS; IN THOSE JURISDICTIONS THESE EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ONYX INGENUITY, LLC AND ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, ANY PURCHASE FROM THE STORE, OR ANY EVENT REGISTRATION, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE, A PURCHASE, OR AN EVENT REGISTRATION WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE PURCHASE OR REGISTRATION GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS IF NO AMOUNT WAS PAID. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE JURISDICTIONS THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED. NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.

18. Indemnification

You agree to defend, indemnify, and hold harmless Onyx Ingenuity, LLC and its officers, members, employees, and agents from any claims, losses, damages, and expenses, including reasonable attorneys’ fees, arising out of your breach of these Terms, your User Content, or your unlawful use of the Site.

19. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles. Except as provided below, any dispute arising out of or relating to these Terms, the Site, a purchase, or an event registration shall be resolved by binding, confidential arbitration in Miami, Florida, administered under the prevailing rules of the American Arbitration Association, and judgment on the award may be entered in any court of competent jurisdiction. All disputes shall be resolved on an individual basis only; both parties waive the right to participate in any class, consolidated, or representative proceeding, and, to the extent arbitration is not permitted, both parties waive trial by jury. Notwithstanding the foregoing, Onyx Ingenuity, LLC may seek injunctive or other equitable relief for actual or threatened infringement of its intellectual property in the state or federal courts located in Florida, and you consent to exclusive jurisdiction and venue in those courts for such actions.

ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES OR IT IS PERMANENTLY BARRED.

Changes to this Section 19 will not apply to disputes arising before the change was posted.

20. General

If any provision of these Terms is held invalid or unenforceable, it will be limited or eliminated to the minimum extent necessary and the remaining provisions will remain in full force. No waiver of any provision is a further or continuing waiver. These Terms, together with the Privacy Policy, the Store Policies, event-specific terms, and any expressly designated additional terms on specific pages, are the entire agreement between you and Onyx Ingenuity, LLC regarding the Site. A printed version of these Terms is admissible in proceedings to the same extent as other business records.

We may modify, suspend, or discontinue the Site or any feature of it at any time, with or without notice, and will not be liable for doing so. You may not assign these Terms or any rights under them; we may assign them to an affiliate or a successor in interest. The disclaimers and limitations in Sections 16 and 17 also protect our officers, members, employees, agents, and service providers, who are intended beneficiaries of those Sections; these Terms otherwise create no third-party rights.

21. Contact

Questions about these Terms: legal@onyxingenuity.com