Terms of Service

1. Agreement to Terms

By accessing or using ShakTech's services (“Services”), you agree to be bound by these Terms of Service (“Terms”). If you disagree with any part of these terms, you do not have permission to access our Services.

These Terms apply to all visitors, users, and others who access or use the Service, including but not limited to AI strategy consulting, software development, and training services.

2. Description of Services

ShakTech provides AI-first software consulting, development, and training services. Our services include:

• AI Strategy Consulting and Roadmap Development
• Custom Software Development and Implementation
• Team Training and Enablement Programs
• Technical Mentorship and Code Reviews
• Digital Transformation Consulting

The specific scope, deliverables, and terms for each engagement will be defined in a separate Statement of Work (SOW) or service agreement.

3. Intellectual Property Rights

3.1 Client Work

Unless otherwise specified in writing, all deliverables created specifically for a client under a paid engagement become the property of the client upon full payment. This includes custom code, documentation, and designs created exclusively for the client's project.

3.2 Pre-existing IP

ShakTech retains all rights to pre-existing intellectual property, including but not limited to frameworks, methodologies, tools, and generic code libraries that were not created specifically for the client's project.

3.3 Open Source

Some deliverables may incorporate open-source software. Such software is governed by its respective license terms, which will be communicated to the client.

4. Payment Terms

Payment terms, including fees, payment schedule, and late payment penalties, will be specified in the relevant SOW or service agreement. Unless otherwise agreed:

• A 50% deposit is required before work commences
• Remaining balance is due upon completion or as per agreed milestones
• Payments are non-refundable except as required by law
• Late payments may incur a 1.5% monthly interest charge
• Work may be suspended for overdue accounts

5. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the engagement. This obligation survives the termination of these Terms for a period of five (5) years.

Confidential information does not include information that: (a) is or becomes publicly available through no breach by the receiving party; (b) was rightfully known by the receiving party before disclosure; or (c) is independently developed without use of confidential information.

7. Warranties and Disclaimers

ShakTech warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. However:

THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8. Indemnification

You agree to indemnify, defend, and hold harmless ShakTech, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

9. Termination

Either party may terminate an engagement with 30 days written notice. Upon termination:

• Client shall pay for all work performed up to the termination date
• ShakTech will deliver all completed work and work in progress
• Both parties will return or destroy confidential information
• Provisions that by their nature should survive will remain in effect

10. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Georgia, United States, without regard to conflict of law principles. Any disputes shall first be addressed through good faith negotiations.

If negotiations fail, disputes shall be resolved through binding arbitration in Atlanta, Georgia, under the rules of the American Arbitration Association. The prevailing party may recover reasonable attorney's fees.

11. Modifications to Terms

ShakTech reserves the right to modify these Terms at any time. Material changes will be notified via email or through the Services. Continued use of the Services after modifications constitutes acceptance of the updated Terms.