Terms of Service

1. Acceptance of Terms

By accessing or using this website or engaging Obsidian Intelligence for services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.

2. Services

Obsidian Intelligence provides AI-powered website design and development, automation systems, customer experience solutions, and related digital intelligence services. The specific scope, deliverables, timelines, and pricing for each engagement are defined in a separate written project proposal or contract agreed upon by both parties.

3. Project Engagement

All projects begin with a signed proposal or agreement. Work does not commence until the agreement is executed and any required deposit is received. Obsidian Intelligence reserves the right to decline any project engagement at its discretion.

Changes to the agreed scope of work ("scope creep") will be handled through a written change order process and may affect timelines and pricing.

4. Payment

Payment terms are as specified in each project agreement. Invoices are due on the date stated. Late payments may incur a late fee of 1.5% per month on the outstanding balance. Obsidian Intelligence reserves the right to pause or terminate work on accounts with outstanding balances.

All fees are in USD unless otherwise stated. Taxes are the responsibility of the client.

5. Intellectual Property

Client deliverables. Upon receipt of full payment, the client receives full ownership of the custom deliverables created specifically for their project (e.g., custom website code, graphics, written content).

Obsidian Intelligence IP. Obsidian Intelligence retains ownership of all underlying frameworks, methodologies, tools, templates, and reusable code components used to build deliverables. These may be used in other client projects.

Third-party components. Deliverables may include open-source or third-party licensed components (e.g., Tailwind CSS, React). Their respective licenses remain in effect.

6. Client Responsibilities

• Provide accurate and complete information needed for the project
• Provide timely feedback and approvals to maintain project timelines
• Ensure all content provided (text, images, data) does not infringe third-party rights
• Obtain any necessary licenses for content or software you supply

7. Confidentiality

Both parties agree to keep each other's confidential business information private and not to disclose it to third parties without written consent. Clients should not share third-party proprietary or confidential information without appropriate authorization from that third party.

8. Limitation of Liability

Obsidian Intelligence's total liability for any claim arising from our services is limited to the total amount paid by the client for the specific service that gave rise to the claim.

Obsidian Intelligence is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, or business interruption, even if advised of the possibility of such damages.

9. Warranties and Disclaimers

Obsidian Intelligence provides services in a professional manner consistent with industry standards. We do not guarantee specific business outcomes (e.g., search rankings, revenue increases, conversion rates). The website and all services are provided "as is" without warranties of any kind beyond those expressly stated in your project agreement.

10. Termination

Either party may terminate a project engagement with 14 days' written notice. Upon termination, the client is responsible for payment of all work completed to that date. Obsidian Intelligence will deliver all completed work product upon receipt of final payment.

11. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of San Francisco County, California.

12. Changes to These Terms

Obsidian Intelligence reserves the right to update these Terms of Service at any time. The "Last updated" date at the top of this page reflects the most recent revision. For active client engagements, the terms in effect at the time of the signed agreement govern that engagement.

13. Contact

For questions about these Terms of Service: