Terms of Service

Welcome to ShipsMind. These Terms of Service ("Terms") govern your access to and use of ShipsMind's AI consulting services, website, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

Please read these Terms carefully. If you do not agree to these Terms, you may not access or use our Services.

1. Definitions

• "ShipsMind," "we," "our," or "us" refers to ShipsMind and its affiliates
• "Client," "you," or "your" refers to the individual or entity using our Services
• "Services" refers to all AI consulting, advisory, and related services provided by ShipsMind
• "Agreement" refers to these Terms and any applicable service agreements
• "Deliverables" refers to work product, recommendations, and materials provided as part of our Services

2. Description of Services

2.1 AI Consulting Services

ShipsMind provides professional AI consulting services, including but not limited to:

• AI strategy development and implementation planning
• Machine learning model development and optimization
• AI system architecture and design
• Data analysis and AI-driven insights
• AI integration and deployment consulting
• Training and knowledge transfer

2.2 Service Scope

The specific scope, deliverables, timeline, and fees for each engagement will be detailed in a separate Statement of Work or Service Agreement, which will supplement these Terms.

3. Account Registration and Access

3.1 Account Creation

To access certain Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

3.2 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By using our Services, you represent and warrant that you meet these requirements.

4. Client Obligations and Responsibilities

4.1 Cooperation

You agree to:

• Provide timely access to necessary information, data, and resources
• Respond promptly to requests for clarification or decisions
• Designate appropriate personnel to work with our team
• Provide accurate and complete information about your requirements

4.2 Acceptable Use

You agree not to:

• Use our Services for any illegal or unauthorized purpose
• Violate any laws, regulations, or third-party rights
• Interfere with or disrupt our Services or servers
• Attempt to gain unauthorized access to our systems
• Use our Services to develop competing products or services
• Reverse engineer or attempt to extract source code from our Services

5. Intellectual Property Rights

5.1 ShipsMind Property

All intellectual property rights in our Services, methodologies, frameworks, tools, and materials (excluding Client Data and custom Deliverables) remain the exclusive property of ShipsMind. This includes:

• Proprietary consulting methodologies and frameworks
• Software, algorithms, and AI models developed by ShipsMind
• Trademarks, logos, and brand materials
• Pre-existing intellectual property and know-how

5.2 Client Data and Deliverables

Unless otherwise specified in a Service Agreement:

• You retain all rights to data and materials you provide ("Client Data")
• Custom deliverables created specifically for you will be assigned to you upon full payment
• ShipsMind retains rights to use anonymized insights for service improvement
• ShipsMind may retain copies of work product for our records and portfolio (with your consent)

5.3 License Grant

By providing Client Data, you grant ShipsMind a limited, non-exclusive license to use, process, and analyze such data solely for the purpose of providing Services to you.

6. Fees and Payment

6.1 Fees

Fees for our Services will be specified in the applicable Service Agreement or Statement of Work. Unless otherwise stated:

• All fees are in USD and exclude applicable taxes
• Payment terms are net 30 days unless otherwise specified
• Late payments may incur interest charges
• Fees are non-refundable except as expressly stated

6.2 Payment Processing

We use third-party payment processors. By providing payment information, you authorize us to charge the specified amounts and agree to the payment processor's terms and conditions.

6.3 Expenses

Unless otherwise agreed, you will reimburse reasonable out-of-pocket expenses incurred in connection with Services, including travel, accommodation, and third-party services.

7. Confidentiality

7.1 Confidential Information

Each party agrees to maintain the confidentiality of the other party's confidential information and use it solely for the purposes of the engagement. This obligation survives termination of the Agreement.

7.2 Exceptions

Confidential information does not include information that:

• Is publicly available through no breach of this Agreement
• Was rightfully known prior to disclosure
• Is independently developed without use of confidential information
• Must be disclosed pursuant to legal requirements

8. Warranties and Disclaimers

8.1 Professional Standards

We warrant that our Services will be performed in a professional and workmanlike manner consistent with industry standards.

8.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Guarantees of specific results or outcomes
• Warranties regarding accuracy, reliability, or completeness of advice
• Guarantees that AI models will achieve specific performance metrics

8.3 AI Services Disclaimer

AI technologies are evolving and may produce unexpected results. We do not warrant that AI systems or recommendations will be error-free, achieve specific outcomes, or be suitable for all purposes. You are responsible for evaluating and validating all recommendations and outputs.

9. Limitation of Liability

9.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHIPSMIND SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Business interruption or loss of goodwill
• Damages arising from third-party actions or services

9.2 Liability Cap

Our total aggregate liability arising out of or related to these Terms or the Services shall not exceed the total fees paid by you in the twelve (12) months preceding the event giving rise to liability.

9.3 Basis of the Bargain

You acknowledge that these limitations of liability are fundamental elements of the basis of the bargain between you and ShipsMind, and that we would not provide the Services without these limitations.

10. Indemnification

You agree to indemnify, defend, and hold harmless ShipsMind and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your violation of any law or rights of any third party
• Your use of our Services or deliverables
• Your Client Data or materials provided to us
• Implementation decisions you make based on our recommendations

11. Term and Termination

11.1 Term

These Terms commence when you first access or use our Services and continue until terminated as provided herein.

11.2 Termination by Client

You may terminate an engagement by providing written notice as specified in the Service Agreement. You remain responsible for fees for work performed and committed resources.

11.3 Termination by ShipsMind

We may terminate or suspend access to our Services immediately if:

• You breach these Terms or any Service Agreement
• You fail to pay fees when due
• We are required to do so by law
• Providing Services becomes commercially impracticable

11.4 Effect of Termination

Upon termination:

• Your right to access and use our Services immediately ceases
• You remain obligated to pay all outstanding fees
• Provisions that by their nature should survive will continue
• We will provide work completed to date (upon payment of fees)

12. Dispute Resolution

12.1 Informal Resolution

Before pursuing formal dispute resolution, the parties agree to attempt to resolve any dispute through good faith negotiations.

12.2 Arbitration

Any dispute that cannot be resolved through negotiation will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

12.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action.

13. General Provisions

13.1 Entire Agreement

These Terms, together with any Service Agreements and Statements of Work, constitute the entire agreement between you and ShipsMind regarding the Services.

13.2 Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes. Your continued use of the Services after changes constitutes acceptance of the modified Terms.

13.3 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

13.4 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.5 Waiver

No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision.

13.6 Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions.

13.7 Force Majeure

Neither party will be liable for failure to perform due to causes beyond its reasonable control, including acts of God, war, terrorism, natural disasters, or government actions.

14. Contact Information

For questions about these Terms or to provide legal notices, please contact us: