Legal

Terms of Service

Document date: January 2024.

These Terms govern use of exotiqcs.com and consulting, implementation, or advisory services provided by Exotiq Enterprises, trading as ExotiqCS.

1. Services

ExotiqCS provides customer success consulting and implementation for coaches, consultants, service providers, and SaaS businesses, including client journey architecture, health scoring, retention and upsell playbooks, technology setup, team enablement, and performance reporting.

2. Fees and Payment

Engagement scope, deliverables, timelines, and fees are set out in a written agreement. Fees and payment schedules are governed by that agreement.

3. Results and Responsibilities

Services are provided without a guarantee of specific financial or performance outcomes. Clients are responsible for providing accurate information, participating in implementation, and paying invoices when due.

4. Intellectual Property and Confidentiality

Clients own original engagement-specific Client Work Product as created, including work in progress and client-specific additions, but not underlying Provider Materials or third-party materials. Clients may use, reproduce, modify, publish, distribute, license, sell, and transfer their custom work for any lawful purpose during and after the engagement without additional approval or fees. Ownership is not conditional on payment.

ExotiqCS retains its pre-existing or independently developed templates, resources, playbook libraries, reusable tools and code, general strategies, methods and know-how, Risk Radar, and other platform intellectual property. Client-specific rules, documents, and configurations remain Client Work Product, not the platform code or generic functionality.

Provider Materials incorporated into or reasonably necessary to use delivered custom work carry a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free license to use, copy, modify, and distribute them as part of or as needed to exploit that work. Clients may extend these rights to users, contractors, customers, and recipients or transferees of the custom work. This permits bundled use and distribution; without written permission, it does not permit standalone resale, sublicensing, redistribution, white-labeling, or ownership claims over Provider Materials or platforms. It does not provide unprovided materials, Provider source code, trademarks, or continuing hosted access; Risk Radar subscriptions, maintenance, and support require separate arrangements. Third-party rights and licenses apply, with material restrictions identified before inclusion and at handoff and no material reduction of agreed client rights without written approval.

Client-provided data, branding, and materials remain the client's property. ExotiqCS receives only limited rights reasonably needed to perform and hand off the engagement. Clients may freely use and disclose their own information and Client Work Product, but not separately identifiable confidential Provider Materials or third-party information beyond the license or other permission. Both parties protect confidential information for three years after termination, and trade secrets while legally protected, subject to lawful exclusions and permitted disclosures.

5. Liability, Termination, and Governing Law

Client ownership and the embedded-material license survive completion, termination, and payment disputes without revocation, including termination for nonpayment. Return, deletion, or access-revocation requirements do not cancel those rights or require deletion of retained custom work or licensed materials. Payment obligations and lawful remedies remain separate. These Terms also include limitations of liability, termination provisions, and Massachusetts governing law. Questions can be sent to tony@exotiqcs.com.