1. Acceptance of Terms

By accessing or using services provided by Shawn Stefaniak ("we," "our," or "us"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

These terms apply to all visitors, users, clients, and others who access or use our AI automation, Amazon FBA consulting, analytics, and related services.

2. Services Description

We provide professional consulting and implementation services including:

  • AI Automation: Custom workflow design, chatbot development, process automation, and AI integration
  • Amazon FBA Consulting: Product research, listing optimization, PPC management, and business growth strategies
  • Analytics & Insights: Data analysis, reporting systems, and business intelligence solutions
  • Custom Development: Tailored software solutions and integrations

Services are provided on a project-by-project or retainer basis as agreed upon in writing.

3. User Obligations

As a client or user of our services, you agree to:

  • Provide accurate and complete information necessary for service delivery
  • Respond to requests for information or clarification in a timely manner
  • Use our services only for lawful purposes and in compliance with all applicable laws
  • Not reverse-engineer, copy, or redistribute any proprietary tools or systems we provide
  • Maintain confidentiality of any login credentials or access codes provided
  • Not interfere with or disrupt the integrity or performance of our services

4. Payment Terms

Pricing: All fees are specified in project proposals or service agreements. Prices are in USD unless otherwise stated.

Payment Schedule:

  • Project-based: Typically 50% upfront, 50% upon completion (or as specified in proposal)
  • Retainer: Monthly billing at the beginning of each billing cycle
  • Consulting: Hourly or daily rates billed monthly

Late Payments: Late payments may incur a fee of 1.5% per month or the maximum allowed by law. We reserve the right to suspend services for accounts more than 30 days overdue.

Refunds: Refunds are evaluated on a case-by-case basis. Generally, work completed is non-refundable. Refund requests must be submitted in writing within 14 days of payment.

5. Intellectual Property Rights

Client-Owned Work Product: Upon full payment, you own the final deliverables created specifically for your project (e.g., custom scripts, content, designs).

Our Retained Rights: We retain ownership of:

  • Proprietary tools, frameworks, and methodologies used in service delivery
  • Pre-existing intellectual property and templates
  • General knowledge and techniques developed during the project

Third-Party Materials: Any third-party tools, APIs, or services used remain the property of their respective owners and are subject to their licensing terms.

Portfolio Rights: We reserve the right to showcase completed work in our portfolio and marketing materials unless a non-disclosure agreement specifies otherwise.

6. Confidentiality

We understand that you may share confidential business information with us. We agree to:

  • Keep all client information confidential and secure
  • Not disclose sensitive business data to third parties without permission
  • Use confidential information only for the purpose of delivering services
  • Return or destroy confidential materials upon request after project completion

This confidentiality obligation does not apply to information that is publicly available or independently developed.

7. Warranties and Disclaimers

Our Warranties:

  • Services will be performed with reasonable skill and care
  • Work will substantially conform to agreed specifications
  • We have the right to provide the services offered

Disclaimers:

  • No Guarantee of Results: While we strive for excellence, we cannot guarantee specific business outcomes, revenue increases, or Amazon ranking improvements
  • Third-Party Services: We are not responsible for failures or changes in third-party platforms (Amazon, AI APIs, etc.)
  • AS-IS for Advice: Consulting advice is provided "as-is" based on our experience and current best practices

EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

8. Limitation of Liability

To the maximum extent permitted by law:

  • Direct Damages: Our total liability shall not exceed the amount paid by you for the specific service that gave rise to the claim
  • Indirect Damages: We shall not be liable for indirect, incidental, special, consequential, or punitive damages including lost profits, lost revenue, or business interruption
  • Time Limit: Claims must be brought within one year of the event giving rise to the claim

Some jurisdictions do not allow limitation of certain damages, so these limitations may not apply to you.

9. Project Scope and Changes

Scope Definition: Each project begins with a defined scope of work outlined in a proposal or statement of work.

Change Requests: Changes to project scope require:

  • Written approval from both parties
  • Adjustment to timeline and/or budget as necessary
  • Execution of a change order document

Minor Revisions: Reasonable minor revisions are included in project pricing (typically 2-3 rounds). Extensive revisions may incur additional charges.

10. Termination

By You: You may terminate services at any time with written notice. You will be responsible for payment of all work completed up to the termination date.

By Us: We may terminate services if:

  • Payment is more than 30 days overdue
  • You breach these terms and fail to remedy within 14 days of notice
  • You engage in abusive, threatening, or illegal conduct
  • Continuing the project is no longer feasible

Effect of Termination: Upon termination, you will receive deliverables completed to date, and we will invoice for work performed. Confidentiality and intellectual property provisions survive termination.

11. Dispute Resolution

Informal Resolution: Before initiating formal proceedings, parties agree to attempt good-faith negotiation for at least 30 days.

Arbitration: Any disputes that cannot be resolved informally shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association.

Governing Law: These terms are governed by the laws of the State of New York, United States, without regard to conflict of law principles.

Jurisdiction: Any legal action must be brought in the state or federal courts located in New York County, New York.

12. Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, pandemics, government actions, internet or utility failures, or third-party service disruptions.

13. Independent Contractor

Our relationship is that of independent contractors. Nothing in these terms creates a partnership, joint venture, agency, or employment relationship. We are not authorized to make commitments on your behalf.

14. Assignment

You may not assign or transfer these terms or any rights granted without our prior written consent. We may assign our rights and obligations to a successor entity in the event of a merger, acquisition, or sale of business.

15. Severability

If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms of Service, together with any project proposals, statements of work, and non-disclosure agreements, constitute the entire agreement between you and Shawn Stefaniak regarding our services.

17. Modifications to Terms

We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting to our website with an updated "Last Updated" date. Your continued use of our services after changes constitutes acceptance of the modified terms.

18. Contact Information

If you have questions or concerns about these Terms of Service, please contact us:

Note: By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. We recommend reviewing these terms periodically for any updates.