Terms of Service: Adaptive
1. Scope of Services
Adaptive provides specialized consulting and implementation services in:
- Data Engineering & Analytics
- Full Stack Software Development
- Cloud Architecture & Automation
- Business Intelligence & Dashboarding
- Marketing & Advertising Analytics (GA4, GTM, Segment, etc.)
- Custom Integration (APIs, CRMs, CDPs, etc.)
All services will be defined in detail via written agreements, proposals, or Statements of Work (“SOWs”).
2. Client Responsibilities
To ensure project success, you agree to:
- Provide access to required systems, data, and personnel in a timely manner.
- Maintain all necessary permissions, credentials, and legal rights for systems and data used.
- Cooperate in good faith and provide prompt approvals and feedback.
Note: Failure to meet these obligations may result in project delays or additional charges.
3. Intellectual Property
- Pre-existing IP: All tools, methodologies, and frameworks developed by Adaptive Analytix remain the exclusive property of Adaptive Analytix.
- Custom Deliverables: Ownership may be transferred to the Client upon full payment, as outlined in the respective SOW.
- Usage Rights: Adaptive Analytix retains the right to reuse non-client-specific code, processes, and architecture components across future projects.
4. Fees & Payment
Fees are defined per engagement (hourly, project-based, or retainers). Unless otherwise stated:
- Net 15: Invoices are due within 15 days.
- Late Fees: Late payments may incur a 1.5% monthly interest charge.
- Suspension: Non-payment may result in service suspension or legal action.
5. Confidentiality
Both parties agree to maintain strict confidentiality regarding proprietary or sensitive information. This obligation survives for three (3) years following the termination of services.
6. Data Privacy & Compliance
- Our Commitment: We adhere to industry-standard data protection practices and support compliance with GDPR, CCPA, HIPAA, and other relevant regulations.
- Client Commitment: Clients are responsible for obtaining necessary user consents and ensuring their own compliance with applicable privacy laws.
7. Warranties & Disclaimers
- Workmanship: We warrant that services will be performed in a professional and workmanlike manner.
- Results: We do not guarantee specific business outcomes or results.
- "As Is": All services are provided “as is” and “as available.” We disclaim all implied warranties, including fitness for a particular purpose.
8. Limitation of Liability
In no event will Adaptive Analytix be liable for:
- Indirect, incidental, or consequential damages.
- Loss of profits, data, or revenue.
- Damages exceeding the total amount paid to Adaptive Analytix within the past 6 months.
9. Termination
Either party may terminate services:
- For Cause: If the other party breaches Terms and fails to cure the breach within 10 business days.
- For Convenience: With 15 days’ written notice (unless defined otherwise in an SOW).
Upon termination, all outstanding payments become due immediately.
10. Governing Law
These Terms are governed by the laws of the State of [Insert State]. All disputes shall be subject to the exclusive jurisdiction of the courts in [Insert County, State].
11. Amendments
We may update these Terms periodically. The latest version will be posted on our website. Continued use of services after changes implies acceptance.
12. Entire Agreement
These Terms, along with any executed SOWs or Master Service Agreements, constitute the full agreement between you and Adaptive Analytix.
Contact Information
For questions regarding these Terms, please contact:
- Email: dan@adaptiveanalytix.com
- Web: www.adaptiveanalytix.com
