Terms of Service

1. Acceptance of Terms

By accessing or using the services provided by Sevenfold AI Consulting LLC ("Company," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using or accessing our services.

1.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. By using our services, you represent and warrant that:

• You have the legal right and authority to enter into these Terms
• You are not located in a country that is subject to a U.S. Government embargo
• You are not listed on any U.S. Government list of prohibited or restricted parties
• Your use of our services will not violate any applicable law or regulation

1.2 Corporate Use

If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and you agree to be bound by these Terms on behalf of that organization.

2. Use of Services

2.1 Service Description

Sevenfold AI Consulting LLC provides AI consulting services, including but not limited to:

• AI strategy development and implementation
• Machine learning model development and deployment
• Data analytics and insights
• AI training and workshops
• Technology assessment and recommendations
• Custom AI solutions development

2.2 Acceptable Use

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

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit any material that is defamatory, offensive, or otherwise objectionable
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of our services
• To introduce any viruses, trojan horses, worms, logic bombs, or other malicious material
• To attempt to gain unauthorized access to any portion of our services or any other systems or networks
• To harvest or collect information about other users without their consent
• For any commercial purpose without our prior written consent

2.3 Service Availability

We strive to provide continuous availability of our services but do not guarantee uninterrupted access. We reserve the right to:

• Modify, suspend, or discontinue any aspect of our services at any time
• Impose limits on certain features or restrict access to parts or all of our services
• Perform maintenance that may temporarily affect service availability

3. User Accounts

3.1 Account Creation

To access certain features of our services, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate and current
• Maintain the security and confidentiality of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.2 Account Security

You are responsible for safeguarding the password and other credentials you use to access our services. We will not be liable for any loss or damage arising from your failure to protect your account information.

3.3 Account Termination

We reserve the right to terminate or suspend your account at any time, with or without notice, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use our services will immediately cease.

4. Intellectual Property Rights

4.1 Company Intellectual Property

Our services and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement) are owned by the Company, our licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your internal business purposes. This license does not include any right to:

• Reproduce, distribute, or publicly display any part of our services
• Modify or create derivative works based on our services
• Use our services for any commercial purpose without our prior written consent
• Use any data mining, robots, or similar data gathering methods
• Download (other than page caching) any portion of our services
• Use our trademarks, logos, or other proprietary information without permission

4.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding our services ("Feedback"), you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such Feedback into our services without any obligation to you.

4.4 Third-Party Content

Our services may contain content provided by third parties. We do not control, endorse, or assume responsibility for any third-party content. Your use of third-party content is at your own risk and may be subject to additional terms and conditions.

4.5 Work Product and Deliverables

Unless otherwise agreed in a separate written agreement, all work product, deliverables, custom solutions, methodologies, frameworks, code, algorithms, models, and other materials developed by Sevenfold AI Consulting LLC in the course of providing services ("Work Product") shall remain the exclusive property of Sevenfold AI Consulting LLC. This includes but is not limited to:

• Custom AI models and algorithms
• Software code and applications
• Implementation frameworks and methodologies
• Process improvements and workflows
• Training materials and documentation
• Any derivative works based on our proprietary methods

4.6 Client License

Upon full payment of all fees, Sevenfold AI Consulting LLC grants you a non-exclusive, non-transferable, perpetual license to use the Work Product solely for your internal business operations. This license does not include the right to:

• Resell, sublicense, or distribute the Work Product to third parties
• Use the Work Product to compete with Sevenfold AI Consulting LLC
• Reverse engineer or attempt to extract our proprietary methodologies
• Remove any proprietary notices or attributions

4.7 Pre-Existing Intellectual Property

Each party retains all rights to its pre-existing intellectual property. Nothing in these Terms grants either party any rights to the other party's pre-existing intellectual property except as expressly provided herein.

5. User Content and Conduct

5.1 User Content

You may have the opportunity to submit, post, or share content through our services ("User Content"). You retain ownership of your User Content, but by submitting it, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, distribute, and display your User Content in connection with our services.

5.2 Content Standards

You represent and warrant that your User Content:

• Does not infringe any third-party intellectual property rights
• Does not contain any defamatory, libelous, or unlawful material
• Does not contain any personal information of third parties without consent
• Does not contain viruses or other harmful components
• Complies with all applicable laws and regulations
• Does not violate the rights of any third party

5.3 Content Removal

We reserve the right, but not the obligation, to monitor, review, and remove any User Content that, in our sole discretion, violates these Terms or is otherwise objectionable. We may also terminate or suspend your access for uploading such material.

6. Payment Terms

6.1 Fees and Payment

You agree to pay all fees associated with your use of our services as described in your service agreement or as posted on our website. All fees are:

• Payable in U.S. dollars unless otherwise specified
• Non-refundable unless otherwise specified in writing
• Subject to applicable taxes, which you are responsible for paying
• Due according to the payment schedule in your service agreement

6.2 Payment Methods

We accept payment by methods specified in your service agreement, which may include:

• Credit or debit cards
• Bank transfers or ACH payments
• Check (for approved accounts)
• Other methods as agreed upon in writing

6.3 Late Payments

If any payment is not received by the due date, we may:

• Charge interest at the rate of 1.5% per month or the maximum rate permitted by law
• Suspend or terminate your access to our services
• Engage collection agencies or pursue legal remedies
• Require payment in advance for future services

6.4 Disputes

If you dispute any charges, you must notify us in writing within 30 days of the invoice date. Failure to dispute charges within this period constitutes acceptance of the charges.

6.5 Cancellation and Refunds

Cancellation and refund policies will be determined on a case-by-case basis and outlined in individual service agreements. Specific terms regarding project cancellation, milestone-based refunds, and any associated fees will be clearly defined in your service contract.

7. Confidentiality

7.1 Confidential Information

During the course of our relationship, each party may disclose confidential information to the other. "Confidential Information" includes:

• Business strategies, plans, and forecasts
• Financial information and pricing
• Technical data, trade secrets, and know-how
• Customer lists and customer information
• Any information marked as confidential
• Any information that reasonably should be considered confidential

7.2 Obligations

Each party agrees to:

• Maintain the confidentiality of the other party's Confidential Information
• Not disclose Confidential Information to third parties without written consent
• Use Confidential Information only for the purposes of the business relationship
• Protect Confidential Information using the same degree of care used for its own confidential information
• Return or destroy Confidential Information upon request

7.3 Exceptions

The confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no breach by the receiving party
• Was rightfully known by the receiving party before disclosure
• Is independently developed without use of Confidential Information
• Is required to be disclosed by law or court order (with notice to the disclosing party)

8. Warranties and Disclaimers

8.1 Service Warranty

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. If you notify us of any failure to meet this standard within 30 days of performance, we will re-perform the services at no additional charge.

8.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF NON-INFRINGEMENT
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
• WARRANTIES THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE
• WARRANTIES THAT DEFECTS WILL BE CORRECTED
• WARRANTIES THAT OUR SERVICES ARE FREE OF VIRUSES OR HARMFUL COMPONENTS

9. Limitation of Liability

9.1 Limitation on Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SEVENFOLD CONSULTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, REVENUE, DATA, OR USE
• ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE OUR SERVICES
• ANY DAMAGES RESULTING FROM ERRORS, MISTAKES, OR INACCURACIES IN CONTENT
• ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OUR SERVICES
• ANY DAMAGES RESULTING FROM THIRD-PARTY CONTENT OR CONDUCT

9.2 Cap on Liability

IN ANY CASE, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

9.3 Essential Purpose

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9.4 State Law Variations

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such states, our liability is limited to the maximum extent permitted by law.

10. Indemnification

10.1 Your Indemnification

You agree to defend, indemnify, and hold harmless Sevenfold AI Consulting LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of our services, including any data or content transmitted or received by you
• Your violation of any law, regulation, or third-party right
• Any User Content you submit, post, or share
• Your negligence or willful misconduct
• Any breach of your representations and warranties

10.2 Our Indemnification

We will defend, indemnify, and hold you harmless from any third-party claim that our services, as provided to you and used in accordance with these Terms, infringe any U.S. patent, copyright, or trademark, provided that you:

• Promptly notify us in writing of the claim
• Give us sole control of the defense and settlement
• Provide reasonable assistance in the defense

10.3 Exclusions

Our indemnification obligation does not apply to claims arising from:

• Modifications you make to our services
• Your combination of our services with other products or services
• Your use of our services after notice to discontinue use
• Your use of our services in violation of these Terms

11. Termination

11.1 Term

These Terms remain in effect until terminated by either party in accordance with this section.

11.2 Termination by You

You may terminate your use of our services at any time by:

• Providing written notice to us at least 30 days in advance
• Closing your account (if applicable)
• Ceasing all use of our services
• Paying all outstanding fees and charges

11.3 Termination by Us

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Non-payment of fees
• Request by law enforcement or government agencies
• Discontinuance or material modification of our services
• Unexpected technical or security issues
• Extended periods of inactivity
• Engagement in fraudulent or illegal activities

11.4 Effect of Termination

Upon termination:

• All rights granted to you under these Terms will immediately cease
• You must immediately stop using our services
• You must pay all outstanding fees and charges
• We may delete your account and any associated data
• Provisions that by their nature should survive termination will survive

11.5 Survival

The following sections shall survive termination: Intellectual Property Rights, Payment Terms (for outstanding amounts), Confidentiality, Warranties and Disclaimers, Limitation of Liability, Indemnification, Governing Law, and any other provisions that by their nature should survive.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms and any dispute arising out of or related to these Terms or our services shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of law provisions.

12.2 Informal Resolution

Before filing a claim, each party agrees to try to resolve the dispute informally by contacting the other party in writing with a description of the dispute, the relief sought, and supporting documentation. If a dispute is not resolved within 60 days of submission, either party may proceed with formal proceedings.

12.3 Arbitration

Any dispute not resolved informally shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be:

• Conducted by a single arbitrator mutually agreed upon by the parties
• Held in [Your City, State]
• Conducted in English
• Decided based on these Terms and applicable law
• Final and binding on both parties

12.4 Exceptions to Arbitration

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to:

• Prevent the actual or threatened infringement of intellectual property rights
• Enforce confidentiality obligations
• Collect amounts owed

12.5 Class Action Waiver

YOU AND SEVENFOLD CONSULTING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12.6 Venue

To the extent that any court action is permitted under these Terms, you agree that exclusive jurisdiction and venue for such action shall be in the federal and state courts located in Columbia County, Georgia, and you consent to the personal jurisdiction of such courts.

13. Changes to Terms

13.1 Right to Modify

We reserve the right to modify these Terms at any time. We will notify you of any material changes by:

• Posting the new Terms on our website
• Sending you an email notification
• Displaying a prominent notice on our services
• Updating the "Last Updated" date

13.2 Acceptance of Changes

Your continued use of our services after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the changes, you must stop using our services and may terminate your account.

13.3 Review of Terms

We encourage you to periodically review these Terms to stay informed of any updates. The date of the most recent revision is indicated at the bottom of this page.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Sevenfold AI Consulting LLC regarding our services and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

14.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign these Terms at any time without notice to you. Any attempted assignment in violation of this section is void.

14.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14.6 Notices

All notices under these Terms shall be in writing and deemed given when:

• Delivered personally
• Sent by certified mail, return receipt requested
• Sent by recognized overnight courier
• Sent by email (if email address is provided and confirmed)

14.7 Relationship of Parties

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between the parties. Each party is an independent contractor.

14.8 Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties, except as expressly stated herein.

14.9 Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control.

14.10 Government Use

If you are a U.S. government entity, our services are "Commercial Items" as defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Consistent with these provisions, our services are licensed to U.S. government end users with only those rights as are granted to all other end users pursuant to these Terms.

15. Contact Information