Terms of Service

Effective Date: 7/18/2025

1. Agreement to Terms

By accessing or using the services of Small Business Elevate ("Company," "we," "us," or "our"), 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.

This agreement applies to all paid services. Pro bono services are provided as-is with no warranties or guarantees, and may be discontinued at any time.

2. Services

Small Business Elevate provides web development and AI solutions, including but not limited to:

Web Development Services

• Website design and development
• Website maintenance and updates
• SEO optimization
• Performance optimization
• Security implementation

AI Solutions

• Custom RAG (Retrieval-Augmented Generation) applications
• AI agent development and deployment
• AI strategy consulting and workshops
• AI system optimization and maintenance
• Custom AI development projects

Hosting and Maintenance Services

For ongoing hosting and maintenance:

• Services depend on third-party platform availability
• We do not guarantee 100% uptime
• Platform maintenance windows are beyond our control
• Monthly fees may adjust based on platform pricing changes with 30 days notice
• Client may terminate hosting with 30 days notice

Maintenance Services Scope

Monthly maintenance packages include only:

• Security updates and monitoring
• Content updates within time limits
• Performance optimization
• Technical support

NOT included: Content creation, major design changes, new features, custom development, third-party integrations

3. Client Responsibilities

As a client, you agree to:

• Provide accurate and complete information
• Provide necessary content, data, and materials in a timely manner
• Ensure you have rights to all content provided for AI training
• Review and provide feedback on deliverables promptly
• Make payments according to the agreed schedule
• Use AI services in compliance with applicable laws and ethical guidelines
• Not use our services for any illegal or harmful purposes
• Maintain confidentiality of any API keys or credentials provided

Communication and Response Times

• All support requests must be submitted via email
• We will respond to requests within 2-3 business days
• Phone/video calls scheduled only when we specify
• Delays in client feedback may extend project timelines
• Timelines assume prompt client responses (within 2 business days)

4. AI Services Specific Terms

AI Service Requirements

When using our AI services, Client acknowledges and agrees that:

• All AI-generated content must be reviewed by a human before business use
• AI outputs are suggestions only and may contain errors
• Client is responsible for verifying accuracy and appropriateness
• We do not guarantee any specific accuracy rate or outcome

Data Usage and Ownership

• You retain ownership of all content and data you provide
• You grant us a limited license to use your data solely for providing services
• AI models trained on your data remain customized for your use only
• We do not use your data to train models for other clients

AI Performance

• AI outputs are probabilistic and may not always be accurate
• You are responsible for reviewing and verifying AI-generated content
• Client assumes all risks from AI-generated content use
• We do not guarantee specific accuracy rates or outcomes
• AI systems require ongoing optimization for best results

Acceptable Use

You agree not to use our AI services to:

• Generate illegal, harmful, or discriminatory content
• Violate intellectual property rights
• Create misleading or fraudulent content
• Compromise security or privacy
• Violate any applicable laws or regulations

5. Project Scope and Changes

Project Scope

• Specific deliverables are defined only in the signed proposal
• Changes require written approval and may incur additional fees
• "Minor updates" means text/image swaps only, not functionality changes
• Revision rounds are defined in the proposal
• We typically work on projects aligned with our service packages
• Smaller requests may be handled through hourly support services

The scope of work for each project will be defined in a separate agreement or proposal. Any changes to the project scope may result in additional fees and timeline adjustments. This includes:

• Additional AI training data or sources
• Expanded AI functionality
• Additional integrations or channels
• Extended support periods

6. Payment Terms

Payment Structure

• Fixed price projects: 25% deposit (non-refundable), progress payments per milestone, final payment before delivery
• Monthly retainers: Due on 1st of each month, service suspends on 10th if unpaid
• Add-on services: Due upon completion unless otherwise agreed
• Late payments: 1.5% monthly interest plus suspension of all services
• Client responsible for collection costs including reasonable attorney fees

Rush Work Pricing

• Standard turnaround: 1 week for minor changes
• Rush service (2 business days): 2x standard rate
• Rush work requires full payment before work begins
• No same-day service available

Cancellation Terms

• Before project start: Client forfeits deposit (25%)
• During project: Client pays for all completed work plus 10% of remaining balance
• After 75% completion: Client pays 90% of total project fee
• Monthly services: 30 days notice required

AI Service Subscriptions

• Ongoing AI platform fees are billed separately
• Platform fees are pass-through costs without markup
• Subscription cancellations require 30 days notice

7. Intellectual Property

Client Content

You retain all rights to content you provide to us. You grant us a license to use this content solely for the purpose of providing our services.

Deliverables

Upon full payment:

• You own custom work product created specifically for your project
• You receive a license to use any AI models we create for you
• We retain rights to generic code, techniques, and methodologies

Platform Ownership

• All hosting, AI platforms, and third-party services must be set up in client's name from project start
• Client maintains direct relationship with all platform providers
• We provide setup assistance and technical configuration only
• Client responsible for all platform fees and terms compliance

Platform Accounts

• All third-party platform accounts (hosting, AI services) must be created in client's name
• Client is responsible for maintaining accounts and payments to platforms
• We provide setup assistance but accounts remain client's property and responsibility

Pre-existing IP

We retain all rights to:

• Our proprietary tools and frameworks
• Generic AI prompts and configurations
• Standard templates and processes

Portfolio Rights

We reserve the right to display your completed project in our portfolio and marketing materials unless otherwise agreed in writing.

8. Warranties and Disclaimers

Service Warranty

We warrant that our services will be performed in a professional manner consistent with industry standards.

Disclaimers

• We provide AI services "as is" without warranties of accuracy or completeness
• We do not guarantee specific results, rankings, or business outcomes
• AI outputs should be reviewed before use in critical applications
• We are not responsible for third-party platform limitations or changes

9. Limitation of Liability

Our total liability for any claim shall not exceed the amount paid by you for the specific service giving rise to the claim. We are not liable for:

• Indirect, incidental, or consequential damages
• Lost profits or business opportunities
• Damages from AI output errors or inaccuracies
• Third-party platform outages or changes

10. Indemnification

You agree to indemnify and hold harmless Small Business Elevate from any claims arising from:

• Your use of our services
• Content you provide for AI training
• Your use of AI-generated content
• Violation of these Terms
• Violation of any laws or third-party rights

11. Termination

Termination Rights

Either party may terminate the service agreement with 30 days written notice.

Effect of Termination

Upon termination:

• You must pay for all work completed
• We will provide files and access as agreed
• AI models and training data will be handled per agreement
• Ongoing platform subscriptions must be transferred or cancelled

12. Confidentiality

Both parties agree to:

• Keep confidential all proprietary information
• Use confidential information only for agreed purposes
• Protect confidential information with reasonable care
• Return or destroy confidential information upon request

13. Data Protection

We comply with applicable data protection laws and will:

• Process personal data only as instructed
• Implement appropriate security measures
• Assist with data protection compliance
• Notify you of any data breaches promptly

14. Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control, including:

• Natural disasters
• Government actions
• Internet or infrastructure failures
• Third-party platform outages

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Virginia, without regard to its conflict of law provisions.

16. Dispute Resolution

Any disputes shall be resolved through:

1. Good faith negotiations
2. Mediation if negotiations fail
3. Binding arbitration as a last resort

17. Miscellaneous

Entire Agreement

These Terms and any project agreements constitute the entire agreement between parties.

Severability

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

Assignment

You may not assign these Terms without our written consent.

Notices

All notices must be in writing and sent to the addresses provided.

18. Changes to Terms

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 and updating the "Effective Date."

19. Contact Information

If you have any questions about these Terms, please contact us at: