Terms of Service

1. Acceptance of Terms

By accessing and using the Work-Smart.ai website and services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you may not use our Site or services.

2. Use License

Work-Smart.ai grants you a limited, non-exclusive, revocable license to access and use our Site and services for lawful purposes only. You agree not to:

• Reproduce, distribute, or transmit any content without permission
• Use the Site for commercial purposes without authorization
• Attempt to hack, reverse-engineer, or disable any security features
• Transmit malware, viruses, or any code that could harm the Site
• Engage in any activity that disrupts or interferes with the Site or services
• Impersonate any person or entity
• Collect or scrape personal information from other users

3. Intellectual Property Rights

Work-Smart.ai Content

All content on our Site, including text, graphics, logos, images, and software, is the property of Work-Smart.ai or licensed to us. This includes:

• The AI Operating System framework (6-layer model)
• All website copy, design, and visual elements
• Assessment tools and methodologies
• Documentation and guides

You may view and print content for personal, non-commercial use only. You may not reproduce, modify, distribute, or sell any content without written permission.

Your Content

If you provide content (such as assessment responses or project information), you grant Work-Smart.ai a limited license to use that content to:

• Deliver services to you
• Improve our offerings (anonymized)
• Create case studies (with your consent)

You retain ownership of your information.

4. Services and Deliverables

Scope of Services

Work-Smart.ai provides:

• AI Ops Audits (diagnostic assessments)
• AI Foundation Builds (implementation projects)
• Fractional Head of AI services (ongoing management)
• Workshops and training
• AI Visibility and content strategy services

The specific scope of each engagement is determined through consultation and documented in a proposal or service agreement.

No Guarantees of Results

We build production-ready systems and put governance in place. Results depend on your team's execution. Here's what that means legally:

Work-Smart.ai cannot guarantee:

• Specific business results, revenue increases, or cost savings
• That implemented systems will solve all operational problems
• That third-party systems or integrations will function as intended
• Timeline accuracy for projects dependent on client input or third-party services

Our services are provided on an "as-is" basis. Results depend on your business context, data quality, team adoption, and ongoing execution.

Client Responsibility

You are responsible for:

• Providing accurate, complete information about your business and data
• Ensuring data shared with us does not violate third-party rights
• Implementing recommendations and best practices
• Training and supporting your team in using delivered systems
• Making final business decisions based on our recommendations (we advise, you decide)

5. Payment Terms

Pricing

Our pricing for each service is outlined in proposals or service agreements. Prices are in USD and exclude applicable taxes.

Payment Schedule

• AI Ops Audit: Payment due upon completion (net 30)
• AI Foundation Build: Milestone-based payment schedule outlined in proposal
• Fractional Head of AI: Monthly invoicing, due within 15 days of invoice date

Late Payment

Invoices unpaid 30 days after the due date are considered overdue. We reserve the right to suspend services for overdue accounts.

Refund Policy

• Services are non-refundable once delivered
• If we cannot deliver the agreed scope, we will work with you to adjust the scope or offer a partial refund
• Diagnostic fees apply toward build costs if you move forward within 90 days

6. Limitation of Liability

Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, WORK-SMART.AI AND IGNACIO LOPEZ DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Liability Caps

IN NO EVENT SHALL WORK-SMART.AI OR IGNACIO LOPEZ BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Lost profits, lost revenue, lost data, or business interruption
• Damages arising from your use of or inability to use our Site or services

THE TOTAL LIABILITY OF WORK-SMART.AI FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN QUESTION.

Some jurisdictions do not allow limitation of liability, so this restriction may not apply to you.

7. Confidentiality

Our Obligations

We will maintain the confidentiality of your business information, data, and proprietary materials shared during engagements. We will not disclose this information to third parties except:

• To service providers under confidentiality agreements
• As required by law
• With your explicit written consent
• When creating anonymized case studies

Your Obligations

You agree not to disclose our proprietary processes, methodologies, or pricing to competitors without permission.

8. Termination

Termination of Services

Either party may terminate an engagement with written notice:

• For AI Ops Audits: Upon completion of the diagnostic phase
• For AI Foundation Builds: At any milestone with 10 days' written notice
• For Fractional Head of AI retainers: With 30 days' written notice

Upon termination:

• You are responsible for payment for services delivered to date
• We will provide reasonable transition support
• Ownership of work product transfers to you upon final payment

9. Indemnification

You agree to indemnify and hold harmless Work-Smart.ai and Ignacio Lopez from any claims, damages, or costs (including legal fees) arising from:

• Your violation of these terms
• Your violation of any law or third-party rights
• Your use of our services in violation of applicable law
• Data you provide that infringes on third-party rights

10. Governing Law and Jurisdiction

These Terms of Service are governed by the laws of the State of Florida, without regard to its conflict of law principles. Any legal action or proceeding shall be brought exclusively in the courts located in Miami-Dade County, Florida.

11. Dispute Resolution

Before pursuing legal action, we encourage you to contact us to resolve disputes. If we cannot resolve your concern within 30 days, you may pursue legal remedies available under Florida law.

12. Modification of Terms

We may modify these Terms of Service at any time. Changes will be effective when posted to the Site, with the updated "Last Updated" date. Your continued use of the Site after changes constitutes acceptance of the modified terms.

13. Severability

If any provision of these terms is deemed invalid or unenforceable, the remaining provisions will continue in full force and effect.

14. Entire Agreement

These Terms of Service, along with any proposal or service agreement, constitute the entire agreement between you and Work-Smart.ai regarding your use of our Site and services.

15. Contact for Legal Matters

For questions about these Terms of Service or to provide legal notices, contact: