These Terms govern your use of cartersimmons.org and any consulting engagement with Carter Simmons ("I", "me", "my"). When you engage me for paid work, a separate written Statement of Work or engagement letter takes precedence over anything below. Otherwise, these Terms apply to general site use and inquiries.
01. Services
I offer AI consulting services for founders and small-to-medium businesses. Current packages include the AI Audit (one-time), AI Management retainer (monthly), and Fractional AI Officer retainer (monthly). Specific deliverables, timelines, and scope for any paid engagement are described in a written Statement of Work signed by both parties.
02. Eligibility & acceptance
You must be at least 18 years old and authorized to enter into a binding agreement on behalf of any business you represent. Submitting a paid engagement, payment, or signed proposal constitutes acceptance of these Terms together with any engagement-specific terms.
03. Payment
The AI Audit is paid in full upfront. Retainer engagements (AI Management, Fractional AI Officer) are billed at the start of each calendar month unless otherwise agreed. Accepted payment methods include credit card, ACH, and invoiced bank transfer.
Late payments past 14 days may pause active work and accrue a late fee of 1.5% per month or the maximum allowed by law, whichever is lower.
04. Refunds & cancellation
- Audit: Full refund if I haven't started work (no discovery call, no analysis begun). Once work has begun, the audit fee is non-refundable.
- Retainers: Month-to-month. Cancel any time by emailing carter@cartersimmons.org. You won't be billed for the next month. Partial-month refunds are not provided.
05. Intellectual property & deliverables
Once an engagement is paid in full, you own the deliverables created specifically for your business — including custom code, prompt configurations, system documentation, and integration setups.
I retain ownership of pre-existing tools, frameworks, methodology, templates, and any general-purpose components I've built before or independent of your engagement. Your engagement grants you a perpetual, royalty-free license to use those components as embedded in your deliverables.
Either party may reference the working relationship at a high level (e.g. "I worked with [Client]") unless explicitly prohibited in writing. Specific outcomes, internal processes, screenshots, or proprietary information are confidential and require written approval before public reference.
06. Confidentiality
Every paid engagement is covered by a mutual NDA by default. Each party agrees to protect the other's confidential information, use it only for the engagement, and not disclose it to third parties without written consent. Confidentiality survives termination of the engagement.
07. No guarantee of business outcomes
Be clear-eyed about this. AI consulting and implementation depend on countless factors outside my control — your team's execution, market conditions, third-party API availability, your existing data quality, and many others. I make no guarantees about specific revenue, growth, cost-savings, or business outcomes. I commit to delivering the scoped work professionally and to a high standard. Results follow from the work — and from you.
08. Third-party tools & pass-through costs
Many systems I build rely on third-party APIs, SaaS platforms, and AI providers (OpenAI, Anthropic, CRMs, automation platforms, etc.). Costs for these tools are billed directly to your accounts and are your responsibility. I'll provide cost forecasts during the audit but cannot guarantee third-party pricing or availability — those are set by the providers and may change.
09. Your responsibilities
- Provide accurate information about your business, workflows, and goals
- Grant timely access to systems, accounts, and data needed for the work
- Respond to requests for input within agreed timelines
- Comply with all applicable laws regarding your business, customers, and data
- Maintain backups of your own data — I follow best practices but the canonical copy lives in your systems
10. Limitation of liability
To the maximum extent permitted by law, my total liability for any claim arising from the engagement is limited to the fees you paid me in the three (3) months preceding the claim. I am not liable for indirect, incidental, consequential, or punitive damages — including lost revenue, lost profits, lost data, or business interruption — even if I was advised of the possibility.
11. Indemnification
You agree to indemnify and hold me harmless from claims, damages, or expenses arising from your use of deliverables, your business operations, your customer relationships, or any breach of these Terms by you. This does not limit any obligations I have under a separate written engagement letter.
12. Termination
Either party may terminate any retainer engagement at the end of any billing period by providing written notice. I may terminate immediately if payment is more than 30 days late, or for material breach. Upon termination, you remain entitled to deliverables for which you've paid in full. Unpaid invoices remain due.
13. Governing law & disputes
These Terms are governed by the laws of the State of Florida, without regard to conflicts-of-law principles. Any dispute will first be addressed by good-faith negotiation between the parties for at least 30 days. If unresolved, disputes will be settled by binding arbitration administered in Hillsborough County, Florida, under the rules of the American Arbitration Association — except that either party may seek injunctive relief in court for IP or confidentiality matters.
14. Changes to these Terms
I may update these Terms occasionally. Material changes will be reflected in the "Last updated" date and, for active clients, communicated by email. Continued use of the site or services after an update means you accept the revised Terms.
15. Contact
Questions? Email carter@cartersimmons.org.
These Terms are provided as a starting point and should be reviewed with legal counsel before publication. They are not a substitute for legal advice tailored to your specific business and jurisdiction.