Terms of Service

Last updated: June 4, 2024

1. Acceptance of Terms

By accessing and using SpermWhale's AI consulting services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

2. Description of Services

SpermWhale provides AI technology consulting services, including but not limited to:

  • AI-driven event planning consultation and implementation
  • AI-powered operations optimization strategies
  • Strategic AI implementation planning and support
  • Custom AI solution development and deployment
  • AI readiness assessments and technology recommendations

3. Consultation Process

Lead Qualification

All potential clients must complete our qualification process to ensure mutual fit and project viability. We reserve the right to decline consultation requests that do not meet our qualification criteria.

Service Engagement

Upon qualification, we will provide a detailed proposal outlining scope, timeline, and pricing. Services commence only after written agreement and initial payment.

4. Pricing and Payment Terms

Our pricing structure is based on qualified leads and project complexity:

  • Consultation fees are determined based on project scope and requirements
  • Payment terms will be specified in individual service agreements
  • All fees are non-refundable unless otherwise specified in writing
  • Additional charges may apply for scope changes or extended timelines

5. Client Responsibilities

Clients agree to:

  • Provide accurate and complete information during consultation
  • Grant necessary access to systems and data as required for service delivery
  • Designate appropriate personnel for project collaboration
  • Comply with all applicable laws and regulations
  • Maintain confidentiality of proprietary methodologies and processes

6. Intellectual Property

SpermWhale IP

All methodologies, frameworks, tools, and proprietary processes developed by SpermWhale remain our exclusive intellectual property.

Client IP

Clients retain ownership of their existing intellectual property and data. Any custom solutions developed specifically for clients will be owned by the client upon full payment.

Joint Development

Intellectual property created jointly during the engagement will be addressed in individual service agreements.

7. Confidentiality

Both parties agree to maintain strict confidentiality regarding:

  • Proprietary business information and strategies
  • Technical specifications and implementation details
  • Financial information and business metrics
  • Any information marked as confidential

8. Limitation of Liability

SpermWhale's liability is limited to the total amount paid for services. We are not liable for:

  • Indirect, incidental, or consequential damages
  • Loss of profits, data, or business opportunities
  • Damages resulting from client's failure to implement recommendations
  • Third-party actions or system failures beyond our control

9. Performance Guarantees

While we strive for optimal results, AI consulting outcomes depend on various factors including:

  • Quality and completeness of client data
  • Proper implementation of recommendations
  • Ongoing system maintenance and optimization
  • Market conditions and external factors

Specific performance guarantees, if any, will be detailed in individual service agreements.

10. Termination

Either party may terminate services with 30 days written notice. Upon termination:

  • Client remains responsible for payment of services rendered
  • All confidential information must be returned or destroyed
  • Ongoing support obligations cease unless otherwise agreed
  • Survival clauses for confidentiality and IP remain in effect

11. Force Majeure

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

12. Governing Law

These Terms are governed by the laws of Texas, United States. Any disputes will be resolved through binding arbitration in San Juan, Texas.

13. Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated to active clients with 30 days notice.

14. Severability

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

15. Entire Agreement

These Terms, together with individual service agreements, constitute the entire agreement between parties and supersede all prior communications.

16. Contact Information

For questions regarding these Terms of Service, please contact us:

  • Email: [email protected]
  • Phone: +1 4236622785
  • Address: 124 Easy St, San Juan, TX 78589-0000