Terms of Service

1. Agreement to Terms

By accessing or using SoftyScale's services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access our Services.

2. Description of Services

SoftyScale provides AI implementation consulting services, including but not limited to:

• AI workflow audits and roadmapping
• Implementation sprints for AI-powered automations
• Ongoing enablement and optimization services
• Custom AI solution development within existing business tools

3. Engagement Terms

3.1 Scope of Work

Specific project deliverables, timelines, and fees will be outlined in a separate Statement of Work (SOW) or engagement agreement for each project.

3.2 Client Responsibilities

Client agrees to:

• Provide timely access to necessary systems, data, and personnel
• Designate a primary point of contact for the project
• Review and provide feedback on deliverables within agreed timeframes
• Ensure appropriate licenses and permissions for any third-party tools or data

4. Payment Terms

4.1 Fees

Fees for Services are as specified in the applicable SOW or as listed on our website for standard offerings.

4.2 Payment Schedule

• 50% deposit due upon project commencement
• Remaining balance due upon completion or as specified in SOW
• Monthly retainers are billed in advance

4.3 Late Payments

Payments not received within 30 days of invoice date may incur a late fee of 1.5% per month or the maximum allowed by law.

5. Intellectual Property

5.1 Client Data

Client retains all rights to their data, content, and pre-existing intellectual property.

5.2 Deliverables

Upon full payment, Client owns all custom deliverables created specifically for them. SoftyScale retains rights to general methodologies, tools, and know-how.

5.3 Feedback

Any feedback or suggestions provided to SoftyScale may be used to improve our Services without compensation.

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the engagement. This obligation survives termination of these Terms.

7. Data Security and Privacy

• We implement industry-standard security measures to protect Client data
• Client data remains in Client-controlled environments whenever possible
• We comply with applicable data protection laws and regulations
• Our data handling practices are detailed in our Privacy Policy

8. Warranties and Disclaimers

8.1 Service Warranty

We warrant that Services will be performed in a professional and workmanlike manner consistent with industry standards.

8.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

8.3 AI-Specific Disclaimers

• AI outputs may contain errors and should be reviewed by humans
• Performance metrics are estimates based on typical implementations
• Results may vary based on data quality and user adoption

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOFTYSCALE'S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM. WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

10. Indemnification

Each party agrees to indemnify and hold harmless the other party from claims arising from their breach of these Terms, violation of laws, or infringement of third-party rights.

11. Termination

11.1 Termination Rights

Either party may terminate an engagement with 30 days written notice, subject to payment for work completed.

11.2 Effect of Termination

Upon termination, Client shall pay for all Services rendered through the termination date. Confidentiality obligations survive termination.

12. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of Colorado, United States, without regard to conflict of law principles.

13.2 Dispute Resolution

Parties agree to first attempt good faith resolution of disputes. If unsuccessful, disputes shall be resolved through binding arbitration in Colorado.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any SOW, constitute the entire agreement between the parties.

14.2 Amendments

We may update these Terms from time to time. Continued use of Services after changes constitutes acceptance.

14.3 Severability

If any provision is found unenforceable, the remaining provisions shall continue in effect.

14.4 Assignment

Client may not assign these Terms without our written consent. We may assign our rights and obligations.

14.5 Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

15. Contact Information

For questions about these Terms, please contact: