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This document is a draft and has not been reviewed by legal counsel. Consult an attorney before relying on it.

Terms of service

Last updated: [EFFECTIVE_DATE]

These terms govern your use of [COMPANY_LEGAL_NAME]'s assessments, advisory deliverables, and related services. We've tried to keep them readable. Each section opens with a plain-English summary, followed by the formal language.

In plain English By paying for or using our services, you agree to these terms.

These Terms of Service ("Terms") govern your access to and use of the services, websites, and applications provided by [COMPANY_LEGAL_NAME] ("[COMPANY_LEGAL_NAME]," "we," "us," or "our"), including the AI assessment, advisory reports, voice-agent interviews, walkthrough calls, and related services (collectively, the "Services") offered through [WEBSITE_URL] and related properties.

By purchasing, accessing, or using the Services, you ("you" or "Client") agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not use the Services.

In plain English We deliver an AI-driven business assessment. You pay, talk to our AI interviewer, get a custom report, and book a walkthrough call with our team to go over it.

The Services include:

The specific scope, deliverables, and timing of each engagement are described on [WEBSITE_URL] and may be updated from time to time.

In plain English You must be at least 18 and have the authority to commit the business you're representing.

To use the Services, you must:

By using the Services, you represent and warrant that you meet these requirements.

In plain English If you create an account, keep your password safe and tell us if someone gets in.

To access certain Services, you may need to create an account or provide identifying information. You agree to:

You are responsible for all activity that occurs under your account. We are not liable for any loss or damage arising from your failure to comply with this section.

In plain English Give us accurate information. Don't share anything you're not authorized to share.

You agree to:

You acknowledge that the quality of our deliverables depends on the accuracy and completeness of the information you provide.

In plain English Pay the listed price up front. All sales are final unless the law says otherwise.

Fees

The price for the Services is as listed at [WEBSITE_URL] at the time of purchase, exclusive of applicable taxes. By placing an order, you authorize [COMPANY_LEGAL_NAME] and our payment processor to charge the payment method you provide for the full amount.

Payment processing

Payments are processed by third-party payment processors. Your use of those services is subject to their terms and privacy policies. [COMPANY_LEGAL_NAME] does not store full payment card numbers.

Refunds

All sales are final. Fees paid for the Services are non-refundable except where required by applicable law or as expressly stated by us in writing.

Late payment and additional services

If you engage [COMPANY_LEGAL_NAME] for additional services beyond the standard assessment, invoices are due upon receipt unless otherwise agreed in writing. Overdue amounts accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law, plus reasonable collection costs.

Taxes

You are responsible for any sales, use, value-added, or similar taxes associated with the Services, except for taxes imposed on our income.

In plain English We own our methods, templates, and report structure. You own your business data. You can use the report inside your business — just don't republish, resell, or use it to consult others.

Our intellectual property

[COMPANY_LEGAL_NAME] and its licensors retain all right, title, and interest in and to:

Your data

You retain all right, title, and interest in the business data, information, and content you provide to us ("Client Data"). You grant [COMPANY_LEGAL_NAME] a non-exclusive, royalty-free, worldwide license to use Client Data solely as necessary to deliver the Services.

License to deliverables

Upon full payment, [COMPANY_LEGAL_NAME] grants you a perpetual, non-exclusive, non-transferable, royalty-free license to use the deliverables (including the assessment report) for your internal business purposes. You may not:

Aggregate and de-identified data

We may use anonymized, aggregated, or de-identified information derived from your engagement to improve our methodology and services, provided that no such use will identify you or your business.

In plain English We keep your business info confidential. Same goes the other way — anything we share that's clearly confidential, you keep confidential too.

Mutual obligation

Each party (a "Receiving Party") agrees to hold in confidence and not disclose to any third party any non-public information of the other party (the "Disclosing Party") that is either marked confidential, identified as confidential at the time of disclosure, or that a reasonable person would understand to be confidential ("Confidential Information").

Exceptions

Confidential Information does not include information that:

Permitted disclosures

The Receiving Party may disclose Confidential Information if required by law, regulation, court order, or other legal process, provided that, where legally permitted, the Receiving Party gives the Disclosing Party prompt notice and an opportunity to seek a protective order.

Duration

This confidentiality obligation survives termination of these Terms for three (3) years, except that trade secrets remain confidential for as long as they qualify as trade secrets under applicable law.

In plain English Our recommendations come from AI analysis. They're advisory only. AI tools can make mistakes, and the final implementation decisions are yours.

You acknowledge and agree that:

[COMPANY_LEGAL_NAME] does not guarantee any specific financial, operational, or competitive outcome from the use of our Services or the implementation of our recommendations.

In plain English We're business advisors. We're not lawyers, accountants, tax pros, or financial advisors. If you need that kind of advice, hire someone licensed.

[COMPANY_LEGAL_NAME] does not provide legal, tax, accounting, financial, medical, or other professional advice requiring a license. Our Services are limited to AI implementation advisory and business operations analysis.

You should consult a qualified, licensed professional for any matter that requires such advice. Nothing in the Services or these Terms creates an attorney-client, accountant-client, fiduciary, or similar professional relationship between you and [COMPANY_LEGAL_NAME].

In plain English Our service is delivered "as-is." We don't make warranties beyond what the law requires.

THE SERVICES, INCLUDING ALL DELIVERABLES, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, [COMPANY_LEGAL_NAME] DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

[COMPANY_LEGAL_NAME] DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE SERVICES WILL ACHIEVE ANY PARTICULAR RESULT.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the foregoing exclusions may not apply to you to the extent prohibited by law.

In plain English If we mess up, the most we can owe you is the total you paid us in the prior 12 months.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT WILL [COMPANY_LEGAL_NAME], ITS OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT [COMPANY_LEGAL_NAME] WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

[COMPANY_LEGAL_NAME]'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL NOT EXCEED THE AMOUNT YOU PAID TO [COMPANY_LEGAL_NAME] IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages. In those jurisdictions, the foregoing limitations apply only to the maximum extent permitted by law.

In plain English If we get sued because of something you did wrong, you cover our costs.

You agree to indemnify, defend, and hold harmless [COMPANY_LEGAL_NAME] and its officers, employees, contractors, agents, and licensors from and against any third-party claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

[COMPANY_LEGAL_NAME] reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with [COMPANY_LEGAL_NAME]'s defense of such claims.

In plain English Either of us can end this. If we end it because you broke the rules, no refund.

By you

You may stop using the Services at any time. Termination does not entitle you to a refund except as required by law or as expressly provided by us in writing.

By us

We may suspend or terminate your access to the Services, with or without notice, if we believe you have:

Effect of termination

Upon termination, your right to access the Services ceases immediately. Sections that by their nature should survive termination (including Sections 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, and 17) will survive.

In plain English These terms are governed by the laws of [STATE_OF_INCORPORATION]. Disputes go to binding arbitration. No class actions. You have 30 days to opt out of the arbitration clause.

Governing law

These Terms and any dispute arising out of or related to them or the Services are governed by the laws of the State of [STATE_OF_INCORPORATION], without regard to its conflict of laws principles.

Informal resolution

Before initiating formal proceedings, you agree to first attempt to resolve any dispute by contacting [LEGAL_EMAIL] and providing a written description of the dispute. The parties will negotiate in good faith for at least sixty (60) days before initiating arbitration.

Binding arbitration

Any dispute, claim, or controversy arising out of or related to these Terms or the Services that is not resolved through informal resolution will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will be conducted in [STATE_OF_INCORPORATION] or remotely as agreed by the parties. The arbitrator's decision is final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver

YOU AND [COMPANY_LEGAL_NAME] AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING.

Exceptions

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights or confidential information. Small-claims-court claims (within the small-claims jurisdictional limit) may also be brought in court.

30-day opt-out

You may opt out of the arbitration agreement and class action waiver by sending written notice to [LEGAL_EMAIL] within thirty (30) days of first agreeing to these Terms. Opting out will not affect any other provision of these Terms.

In plain English If we change these terms, we'll update the date at the top. Big changes get an email.

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top.

Material changes will be communicated by email to active clients or by prominent notice on [WEBSITE_URL] at least thirty (30) days before the changes take effect. Your continued use of the Services after the changes take effect constitutes your acceptance.

In plain English Standard contract clauses. They're here so the rest of the document holds up if part of it gets challenged.

Entire agreement

These Terms, together with the Privacy Policy and any written agreement signed by both parties, constitute the entire agreement between you and [COMPANY_LEGAL_NAME] regarding the Services and supersede any prior agreements.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

No waiver

Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, financing, or sale of all or substantially all of our assets.

Force majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, pandemics, government action, internet or telecommunications failures, or service-provider failures.

Notices

Notices to you may be sent to the email address associated with your account. Notices to us must be sent to [LEGAL_EMAIL].

Headings

Section headings are for convenience only and do not affect interpretation.

Relationship

Nothing in these Terms creates a partnership, agency, joint venture, employment, or fiduciary relationship between you and [COMPANY_LEGAL_NAME].

In plain English Questions about these terms? Email [LEGAL_EMAIL].

If you have questions about these Terms, contact us at:

[COMPANY_LEGAL_NAME]
[BUSINESS_ADDRESS]
Email: [LEGAL_EMAIL]

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