Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and StrengthwithinData ("Company," "we," "our," or "us") regarding your use of our website, services, and related offerings.

By accessing our website, scheduling consultations, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

2. Description of Services

2.1 Core Services

Strength within Data provides business automation consulting and implementation services, including:

• AI-powered workflow automation design and implementation
• Business process optimization consulting
• Lead management and customer relationship automation
• Document processing and generation automation
• Calendar and scheduling automation
• Custom automation solutions tailored to specific business needs

2.2 Consultation Services

• Free initial strategy sessions
• Business process analysis and assessment
• Automation opportunity identification
• ROI projections and implementation planning
• Ongoing support and optimization

2.3 Service Delivery

Services are delivered remotely unless otherwise agreed upon in writing. Implementation timelines typically range from 3-6 weeks depending on project complexity and scope.

3. Eligibility and Registration

3.1 Eligibility Requirements

To use our services, you must:

• Be at least 18 years of age
• Have the legal authority to enter into binding agreements
• Represent a legitimate business entity (for business services)
• Provide accurate and complete information during registration

3.2 Account Information

You are responsible for:

• Maintaining the accuracy of your account information
• Protecting the confidentiality of any login credentials
• Notifying us immediately of any unauthorized access
• All activities that occur under your account

4. User Obligations

4.1 Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You will not:

• Use our services for any illegal or unauthorized purpose
• Interfere with or disrupt our services or servers
• Attempt to gain unauthorized access to our systems
• Reverse engineer or attempt to extract source code from our solutions
• Use our services to compete with us or develop competing services

4.2 Cooperation and Information

To ensure successful service delivery, you agree to:

• Provide timely and accurate information as requested
• Grant necessary access to systems and data
• Participate in scheduled meetings and consultations
• Review and provide feedback on deliverables promptly
• Designate appropriate personnel to work with our team

4.3 Data and System Requirements

You are responsible for:

• Ensuring data accuracy and completeness
• Maintaining appropriate data backups
• Meeting technical requirements for automation implementation
• Compliance with applicable data protection regulations

5. Payment Terms

5.1 Fees and Pricing

• Consultation fees are outlined in individual service agreements
• Project-based pricing depends on scope and complexity
• All fees are quoted in USD unless otherwise specified
• Pricing is subject to change with 30 days written notice

5.2 Payment Schedule

• Initial consultations may be offered at no charge
• Project fees typically require 50% payment upfront
• Remaining balance due upon project completion
• Monthly retainer fees are due in advance

5.3 Late Payments

Late payments may incur:

• Service suspension after 15 days past due
• Late fees of 1.5% per month on outstanding balances
• Collection costs and legal fees if applicable

5.4 Refunds

Refund eligibility is subject to our satisfaction guarantee policy as outlined in individual service agreements. Generally:

• 60-day money-back guarantee on initial automation projects
• Pro-rated refunds for cancelled ongoing services
• No refunds for completed consulting sessions

6. Intellectual Property

6.1 Our Intellectual Property

All intellectual property rights in our services, including but not limited to:

• Proprietary methodologies and frameworks
• Software tools and automation templates
• Training materials and documentation
• Trademarks, logos, and branding

remain the exclusive property of StrengthwithinData.

6.2 Client Intellectual Property

You retain ownership of:

• Your business data and information
• Pre-existing intellectual property
• Business processes and procedures

6.3 Work Product

Custom automation solutions developed specifically for your business become your property upon full payment, subject to our retained rights in underlying methodologies and tools.

6.4 License Grant

We grant you a non-exclusive, non-transferable license to use delivered automation solutions for your internal business purposes only.

7. Confidentiality

7.1 Mutual Confidentiality

Both parties agree to maintain the confidentiality of information disclosed during the course of our business relationship, including:

• Business strategies and plans
• Financial information
• Technical specifications and data
• Customer lists and relationships
• Proprietary processes and methodologies

7.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available through no breach of these Terms
• Was known prior to disclosure
• Is independently developed without use of confidential information
• Must be disclosed by law or court order

7.3 Data Security

We implement industry-standard security measures to protect your confidential information and comply with applicable data protection regulations.

8. Warranties and Disclaimers

8.1 Our Warranties

We warrant that:

• Services will be performed with professional skill and care
• We have the right and authority to provide the services
• Services will substantially conform to agreed specifications
• We will use industry-standard security practices

8.2 Client Warranties

You warrant that:

• You have authority to enter into this agreement
• Information provided to us is accurate and complete
• You own or have rights to data and systems provided
• Use of our services will not violate applicable laws

9. Limitation of Liability

9.1 Liability Limits

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability shall not exceed the fees paid for services in the 12 months preceding the claim
• We shall not be liable for indirect, incidental, special, or consequential damages
• We shall not be liable for lost profits, data, or business opportunities
• Claims must be brought within one year of the incident giving rise to the claim

9.2 Exceptions

Liability limitations do not apply to:

• Gross negligence or willful misconduct
• Breach of confidentiality obligations
• Intellectual property infringement
• Death or personal injury caused by our negligence

10. Indemnification

10.1 Client Indemnification

You agree to indemnify and hold us harmless from claims arising from:

• Your use of our services in violation of these Terms
• Your breach of any representations or warranties
• Infringement of third-party rights by your data or content
• Your violation of applicable laws or regulations

10.2 Our Indemnification

We will indemnify you against third-party claims that our services infringe valid intellectual property rights, provided you:

• Promptly notify us of any claims
• Grant us control of the defense and settlement
• Provide reasonable cooperation in the defense

11. Termination

11.1 Termination by Either Party

Either party may terminate ongoing services with:

• 30 days written notice for convenience
• Immediate notice for material breach if not cured within 15 days
• Immediate notice for insolvency or bankruptcy

11.2 Effect of Termination

Upon termination:

• All unpaid fees become immediately due
• We will provide final deliverables for completed work
• Each party will return or destroy confidential information
• Accrued rights and obligations survive termination

11.3 Data Return

Upon request, we will provide you with copies of your data in our possession within 30 days of termination, subject to payment of applicable fees.

12. Governing Law

These Terms are governed by the laws of Ontario, Canada, without regard to conflict of law principles. Any legal action must be brought in the courts of Ontario, Canada.

12.1 Jurisdiction

You consent to the exclusive jurisdiction of Ontario courts for any disputes arising under these Terms.

12.2 International Clients

For clients outside Canada, local laws may provide additional rights that cannot be waived. These Terms will be interpreted to comply with applicable local regulations.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating formal proceedings, parties agree to:

• Attempt good faith negotiations to resolve disputes
• Escalate to senior management if initial discussions fail
• Allow 60 days for informal resolution efforts

13.2 Mediation

If informal resolution fails, disputes will be submitted to binding mediation before a mutually acceptable mediator in Hamilton, Ontario.

13.3 Arbitration

For disputes exceeding $10,000 CAD that cannot be resolved through mediation, either party may demand binding arbitration under the rules of the Arbitration and Mediation Institute of Ontario.

13.4 Small Claims

Either party may pursue claims in small claims court for amounts within the court's jurisdiction.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any signed service agreements, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements.

14.2 Modifications

These Terms may only be modified by written agreement signed by both parties, except for updates posted on our website with reasonable notice.

14.3 Severability

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

14.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

14.5 Force Majeure

Neither party will be liable for delays or failures due to circumstances beyond their reasonable control, including natural disasters, government actions, or technical failures.

14.6 Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, joint venture, or employment relationship.

14.7 Notices

All notices must be in writing and delivered to:

• Email addresses provided during registration
• Physical addresses on file with each party
• Certified mail for formal legal notices

14.8 Waiver

Failure to enforce any provision does not constitute a waiver of future enforcement of that or any other provision.

15. Contact Information

For questions about these Terms or our services, please contact us:

Acknowledgment

By using our services, you acknowledge that:

• You have read and understood these Terms
• You have the authority to agree to these Terms
• You agree to be bound by these Terms
• You understand the limitation of liability and disclaimer provisions