Terms of Service

Effective Date: January 30, 2025

These Terms of Service ("Terms") govern your use of our AI strategy education and implementation guidance services. By accessing our website or engaging with our services, you agree to these Terms.

1. Definitions

"We," "us," and "our" refer to Nithichote Chongrungruang, operating as AI Automation Consultant, and any successor entity, subsidiary, or affiliate through which services may be provided, including any authorized agents, contractors, team members, or service providers acting on our behalf in delivering services globally.

"You" and "your" refer to the individual or entity accessing our services from any location worldwide.

"Services" refer to all AI automation consulting, implementation, and educational services we provide globally, whether delivered directly by us or through our authorized representatives, and regardless of the medium or location of delivery.

2. Service Framework

Our services are structured to maximize value creation through:

2.1 Educational Foundation

• Strategic AI education sessions
• Automation opportunity identification workshops
• Workflow optimization training
• Technology stack education
• Implementation methodology teaching

2.2 Implementation Guidance

• Strategic roadmap development
• Technical architecture guidance
• Best practices frameworks
• Quality assurance methodologies
• Performance optimization strategies

2.3 Collaborative Enhancement Options

For organizations seeking deeper engagement, we offer Strategic Implementation Partnerships that may include:

• Guided implementation support
• Ongoing optimization programs
• Success-based collaboration models
• Revenue enhancement initiatives
• Long-term transformation partnerships

3. Eligibility

Our services are available to:

• Business owners and decision makers
• Operations managers and team leads
• Individuals aged 18 or older
• Those with authority to make business decisions

4. Engagement Models

4.1 Discovery Session

Our initial 30-minute strategy session is complimentary and designed to:

• Understand your unique operational challenges
• Identify high-impact automation opportunities
• Provide initial strategic recommendations
• Explore potential collaboration frameworks

4.2 Strategic Education Programs

Following the discovery session, we offer various educational programs:

• Foundation Program: Core AI strategy education
• Transformation Program: Comprehensive implementation methodology
• Excellence Program: Advanced optimization strategies

4.3 Implementation Partnership Models

For organizations ready to accelerate their transformation, we offer flexible partnership structures:

4.3.1 Guided Implementation

Hands-on guidance through your implementation journey with structured milestones and success metrics.

4.3.2 Success-Based Partnerships

Collaborative arrangements where our success is aligned with your outcomes, potentially including:

• Performance-based fee structures
• Revenue enhancement sharing models
• Cost savings participation
• Value creation partnerships

4.3.3 Strategic Alliance Programs

Long-term partnerships for continuous optimization and innovation, designed for organizations committed to ongoing excellence.

5. Payment Terms

5.1 Flexible Investment Structure

Our investment structures are tailored to each client's specific needs and will be detailed in your Service Agreement or Statement of Work. We offer various models to align with your business goals and budget. Pricing may be quoted in USD, EUR, GBP, or other major currencies by mutual agreement.

5.2 Investment Models

Depending on your needs and the scope of work, investment structures may include:

• Initial Setup Investment: One-time fee for system design, build, and implementation
• Optimization Programs: Ongoing monthly investment for continuous improvement and support
• Performance-Based Models: Investment tied to specific KPIs and measurable outcomes
• Hybrid Structures: Combination of fixed and performance-based components
• Enterprise Agreements: Custom pricing for multi-location or franchise implementations

5.3 Payment Process

• Payment Terms: Net 30 days from invoice date unless otherwise specified in Service Agreement
• Accepted Methods: ACH transfer, wire transfer, company check, or international payment platforms (Wise, PayPal, etc.)
• Currency: USD unless otherwise agreed. Exchange rates applied at time of payment for other currencies
• Invoicing: Monthly in advance for ongoing services, upon completion for project-based work
• Late Payments: Subject to 1.5% monthly interest or maximum allowed by law
• International Clients: Client responsible for any local taxes, VAT, or transfer fees

5.4 Additional Services

Services outside the scope of your Service Agreement, including emergency support, custom AI agent development, or additional integrations, will be quoted separately. Rush delivery may incur expedited service fees.

5.5 Refund Policy

Due to the custom nature of AI system development and the immediate value provided through strategy and design work, setup fees are non-refundable once work has commenced. Unused monthly optimization services may be credited to future months or refunded on a pro-rated basis upon termination with proper notice.

5.6 Price Modifications

We reserve the right to modify pricing for ongoing services with 60 days written notice. Initial project pricing remains fixed for the duration specified in your Service Agreement.

6. Performance Metrics and Dashboards

6.1 Dashboard Delivery

For applicable services, we provide real-time dashboards showing key performance indicators (KPIs) relevant to your AI systems. These dashboards are designed to demonstrate value and track the effectiveness of implemented solutions.

6.2 Tracked Metrics

Depending on your specific AI system implementation, metrics may include but are not limited to:

• Lead Generation: Number of leads captured, qualified, and nurtured
• Appointment Metrics: Appointments booked, showed, and converted
• Response Times: Average time to first response and resolution
• Automation Performance: Tasks automated, time saved, accuracy rates
• ROI Indicators: Cost savings, revenue impact, efficiency gains
• System Uptime: Availability and performance of AI agents

6.3 Reporting Obligations

• Access: You will have 24/7 access to your dashboard via secure login
• Updates: Metrics update in real-time or as specified in your Service Agreement
• Reviews: Monthly performance reviews available upon request
• Data Export: Raw data export available in standard formats (CSV, JSON)

6.4 Performance-Based Pricing

For performance-based engagements:

• KPI Definition: Specific metrics and calculation methods will be clearly defined in your Service Agreement
• Measurement Period: Performance measured monthly unless otherwise specified
• Verification: Both parties have the right to audit performance data
• Good Faith Reporting: You agree to report outcomes accurately and not manipulate data to avoid payment

6.5 Data Accuracy

While we strive for accuracy in all metrics and reporting:

• Dashboard data is provided "as is" based on available information
• We are not responsible for inaccuracies caused by third-party platform API limitations
• You are responsible for verifying critical metrics before making business decisions
• Any concerns about data accuracy should be reported promptly for investigation

7. Milestone Approvals and Deliverables

7.1 Written Approval Requirements

To ensure mutual understanding and prevent disputes:

• Milestone Sign-offs: Each major deliverable requires written approval before proceeding to the next phase
• Approval Timeline: You have 5 business days to review and provide feedback on deliverables
• Deemed Acceptance: If no response is received within the review period, deliverables are considered accepted
• Change Requests: Any modifications after approval constitute additional work and may incur extra fees

7.2 Documentation of Work

• All significant work will be documented and shared via email or project management platform
• Screen recordings, screenshots, or live demonstrations may be provided as proof of completion
• You acknowledge that disputing charges after approving deliverables constitutes bad faith

7.3 Dispute Prevention

In the unlikely event of a dispute:

• You agree to first attempt resolution through direct communication before any formal action
• Chargebacks filed without prior communication may result in immediate service termination
• All approved work is considered final and non-refundable

8. Client Success and Referrals

8.1 Success Stories and Testimonials

We may request to share your success story to help other businesses understand the value of AI automation:

• Case Studies: We may create anonymized case studies unless you provide written permission for identification
• Testimonials: With your consent, we may request written or video testimonials
• Metrics Sharing: Aggregate performance improvements may be shared without identifying information
• Logo Usage: We will seek separate permission before using your company logo

8.2 Referral Program

• Referral Rights: We may offer incentives for successful referrals to our services
• Network Benefits: As part of our client community, you may receive priority access to new features and services
• Collaboration Opportunities: We may facilitate introductions between compatible clients for mutual benefit

8.3 Public Relations

Unless otherwise agreed in writing:

• We may mention our working relationship in proposals to similar businesses
• General descriptions of projects (without confidential details) may be discussed in sales conversations
• You may be invited to exclusive client events and workshops

9. Intellectual Property

9.1 Our Content

All content on this website, including text, graphics, logos, and software, is our property or licensed to us and protected by intellectual property laws.

9.2 Your Information

You retain all rights to information you provide to us. By sharing information during consultations, you grant us permission to use it solely for providing our consulting services.

9.3 AI Systems and Automation

When we develop AI automation systems for your business:

• Your Rights: You receive a worldwide, perpetual, irrevocable, royalty-free, non-exclusive license to use all deliverables and AI-generated content for your business purposes. You own your business data and any configurations specific to your business.
• AI-Generated Content: Content generated solely by artificial intelligence may not be eligible for copyright protection under applicable law. We grant you full commercial usage rights regardless of copyright status.
• We Retain: All rights to our proprietary methodologies, frameworks, general patterns, base templates, prompts, and the right to create similar systems for other clients
• Third-Party Platforms: Systems are built using platforms like n8n, Make.com, OpenAI, Anthropic, and other tools which have their own terms of service that you must comply with
• No IP Warranties: We cannot warrant that AI-generated outputs are free from third-party intellectual property claims. You agree to review outputs for any obvious third-party content.

9.4 Client Responsibilities

You acknowledge and agree that you are solely responsible for:

• The accuracy and legality of all data input into AI systems
• All business decisions made using AI system outputs
• Compliance with your industry's regulations and laws
• Monitoring and verifying AI system outputs before taking action
• Any consequences resulting from the use of automated systems

10. Confidentiality

We maintain strict confidentiality regarding all client information shared during consultations. We will not disclose your business information to third parties without your explicit consent, except as required by law.

11. Disclaimers and Limitations

11.1 No Guarantees

While we strive to provide valuable insights and recommendations, we cannot guarantee specific business outcomes or results from implementing our advice.

11.2 Educational Nature

Our services are educational and advisory in nature. We provide guidance and recommendations, but implementation decisions and outcomes are your responsibility.

11.3 No Legal or Financial Advice

We do not provide legal, financial, or tax advice. Please consult appropriate professionals for such matters.

11.4 Regulated Industries

You must notify us in writing before engagement if your business operates in a regulated industry (healthcare, finance, legal services, etc.) or if any data you provide is subject to specific regulations (HIPAA, GLBA, etc.). Services for regulated industries may require additional agreements, enhanced security measures, and adjusted pricing. We reserve the right to decline services if we cannot meet regulatory requirements.

11.5 AI-Specific Disclaimers

You acknowledge and agree that:

• AI Variability: AI systems may produce variable, probabilistic results and are not 100% accurate or reliable
• Hallucinations: AI may generate factually incorrect or fabricated information with high confidence
• Bias Risk: AI systems may inadvertently perpetuate or amplify biases present in training data
• Human Oversight Required: All AI outputs must be reviewed and validated by humans before use in business decisions
• Third-Party Dependencies: AI platforms (OpenAI, Anthropic, etc.) may experience downtime, API changes, or service modifications beyond our control
• No Autonomous Decisions: AI tools should not be used for autonomous decision-making in sensitive areas without human review

12. Limitation of Liability

12.1 Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF TEN THOUSAND DOLLARS ($10,000 USD) OR THE TOTAL AMOUNT PAID BY YOU FOR OUR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

12.2 Excluded Damages

IN NO EVENT SHALL WE BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• BUSINESS INTERRUPTION OR DOWNTIME
• COST OF SUBSTITUTE SERVICES
• DAMAGES ARISING FROM AI SYSTEM ERRORS OR FAILURES
• DAMAGES FROM THIRD-PARTY PLATFORM OUTAGES

12.3 AI System Specific Limitations

We specifically disclaim liability for:

• Errors in automated decision-making or data processing
• System downtime or performance issues
• Integration failures with third-party services
• Data loss or corruption
• Security breaches not directly caused by our gross negligence
• Regulatory compliance failures specific to your industry
• Any business decisions made based on AI outputs

12.4 Client Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, losses, damages, liabilities, and expenses (including attorney's fees) arising from:

• Your use of our services or AI systems
• Your violation of these Terms
• Your violation of any third-party rights or laws
• Any business decisions or actions taken based on our recommendations
• Data you provide for use in AI systems

12.5 Our Indemnification

We agree to indemnify, defend, and hold you harmless from any third-party claims alleging that your authorized use of our proprietary methodologies, frameworks, or pre-existing templates, as delivered by us and not modified by you, directly infringes upon that third party's intellectual property rights. This indemnification does not cover:

• AI-generated outputs or content
• Third-party platforms or tools
• Modifications you make to our deliverables
• Combination of our deliverables with other materials

13. User Conduct

You agree to:

• Provide accurate information
• Attend scheduled consultations or provide reasonable notice for cancellations
• Use our services only for legitimate business purposes
• Not misrepresent our relationship or recommendations
• Respect our intellectual property rights

14. Third-Party Services

We may recommend third-party tools, platforms, or services. We are not responsible for these third-party offerings, and your use of them is subject to their respective terms and conditions.

15. Termination

15.1 Mutual Termination Rights

Either party may terminate any consulting engagement or services for any reason or no reason by providing thirty (30) days written notice to the other party. This provides both parties with flexibility and protection.

15.2 Immediate Termination

Either party may terminate immediately upon written notice if:

• The other party materially breaches these Terms and fails to cure such breach within five (5) business days of written notice
• The other party becomes insolvent, makes an assignment for the benefit of creditors, or files for bankruptcy
• Continued performance would violate applicable law or regulations

15.3 Effect of Termination

Upon termination:

• Work Product Delivery: We will deliver all completed work and work in progress within seven (7) business days
• Pro-Rated Refunds: You will receive a pro-rated refund for any prepaid but unused services calculated on a daily basis
• Final Invoice: We will issue a final invoice for services rendered through the termination date
• Transition Support: We will provide reasonable transition assistance for up to 30 days post-termination at our standard rates

15.4 Surviving Provisions

The following provisions shall survive termination:

• Confidentiality obligations (Section 10)
• Intellectual property rights (Section 9)
• Limitation of liability (Section 12)
• Indemnification (Section 12.4)
• Dispute resolution (Section 19)
• Any payment obligations accrued prior to termination

16. Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated through our website or via email. Continued use of our services after changes constitutes acceptance of the modified Terms.

17. Global Operations & Scalability

17.1 International Reach

Our services are designed for global impact. We work with organizations worldwide, adapting our frameworks to local contexts while maintaining universal excellence standards.

17.2 Value Creation Framework

Our approach is designed to create measurable value through:

• Operational efficiency gains (typically 10+ hours/week)
• Revenue enhancement opportunities
• Cost optimization strategies
• Scalability improvements
• Competitive advantage development

17.3 Partnership Evolution

As our clients grow, our partnership models can evolve to match their expanding needs, potentially including:

• Equity-based partnerships for high-growth scenarios
• Joint venture opportunities
• Technology co-development arrangements
• Market expansion collaborations

18. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. However, for international clients, we may agree to alternative governing law and jurisdiction in a separate written agreement. Subject to any such agreement, you agree that any legal action or proceeding shall be brought in the state or federal courts located in Delaware, or through binding arbitration as provided below.

19. Dispute Resolution

19.1 Informal Resolution

We prefer to resolve disputes informally. Before initiating arbitration, you agree to contact us at hi@nithichote.com to attempt resolution. We'll work in good faith to resolve any issues within 30 days.

19.2 Binding Arbitration

If informal resolution fails, disputes shall be resolved through binding arbitration under the American Arbitration Association's Commercial Arbitration Rules. Key provisions:

• Location: Arbitration may be conducted in your county of residence or Delaware, at your choice
• Costs: For claims under $10,000, we'll pay all arbitration fees. For larger claims, fees will be allocated per AAA rules
• Process: Hearings may be conducted by phone, video, or in-person based on mutual agreement
• Award: The arbitrator may award the same remedies as a court, including injunctive relief and damages

19.3 Small Claims Court

Either party may bring claims in small claims court if they qualify, as an alternative to arbitration. This preserves access to a quick, inexpensive forum for smaller disputes.

19.4 Class Action Waiver

Both parties agree to bring claims only in an individual capacity, not as part of any class or representative action. If this waiver is found unenforceable, the entire arbitration provision shall be void.

19.5 Opt-Out Right

You may opt out of arbitration by sending written notice to hi@nithichote.com within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in court under Delaware law.

19.6 Exceptions

This arbitration provision does not apply to:

• Intellectual property disputes
• Claims that qualify for small claims court
• Requests for injunctive relief to stop irreparable harm

20. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, pandemic, governmental action, war, terrorism, or other unforeseeable cause that is beyond the reasonable control of such party, provided that such party promptly notifies the other party and uses best efforts to remedy the situation. The performance of these Terms shall be excused to the extent of such prevention, restriction, or interference, and the affected party shall resume performance whenever such causes are removed.

In the event of a force majeure situation:

• The affected party must notify the other party within 48 hours
• Both parties will work together to minimize impact and find alternative solutions
• Time-based commitments will be extended by the duration of the force majeure event
• If the force majeure event continues for more than 60 days, either party may terminate without penalty

21. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

22. Entire Agreement

These Terms, together with our Privacy Policy and any specific Partnership Agreements, constitute the entire agreement between parties.

23. Future Vision

We are committed to continuous innovation and value creation. As AI technology evolves, so do our services and partnership models, always with the goal of maximizing mutual success and transformative impact.

24. Contact Information

For questions about these Terms, partnership opportunities, or to begin your transformation journey:

Email: hi@nithichote.com

We look forward to exploring how we can create exceptional value together.