Terms & Conditions

Terms of Use

Last Updated: January 15, 2025

1. Acceptance of Terms

Welcome to Sigmatic LLC ("Sigmatic," "Company," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our website at https://www.sigmatic.consulting (the "Website") and the services we provide (collectively, the "Services").

By accessing or using our Website or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Website or Services.

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the updated Terms on our Website with a new "Last Updated" date. Your continued use of our Website or Services after any changes constitutes acceptance of the modified Terms.

2. Definitions

"Client" means any individual or entity that engages Sigmatic for consulting services.

"Services" means the consulting services provided by Sigmatic, including but not limited to AI automation implementation, website development and optimization, and Salesforce consulting.

"Website" means the Sigmatic website located at https://www.sigmatic.consulting and all associated pages and subdomains.

"Content" means all text, images, graphics, logos, designs, code, data, and other materials available on or through our Website.

"User," "you," or "your" means any person or entity that accesses or uses our Website or Services.

3. Eligibility and Account Registration

3.1 Age Requirement

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

3.2 Business Representation

If you are accessing our Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3.3 Account Information

You agree to provide accurate, current, and complete information when communicating with us or requesting our Services. You agree to promptly update your information if it changes. We reserve the right to suspend or terminate access to any user who provides false, inaccurate, or misleading information.

4. Use of Website

4.1 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website for lawful business purposes.

4.2 Prohibited Uses

You agree not to:

  • Use our Website or Services for any illegal purpose or in violation of any local, state, national, or international law

  • Violate or infringe upon the intellectual property rights, privacy rights, or other rights of Sigmatic or any third party

  • Transmit any viruses, malware, or other malicious code

  • Attempt to gain unauthorized access to our Website, servers, networks, or any systems connected to our Services

  • Interfere with or disrupt the integrity or performance of our Website or Services

  • Use any automated system, including robots, spiders, or scrapers, to access our Website

  • Collect or harvest any personally identifiable information from our Website without express consent

  • Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity

  • Use our Services to send spam, phishing emails, or other unsolicited communications

  • Reverse engineer, decompile, or disassemble any portion of our Website or Services

  • Remove, obscure, or alter any legal notices displayed on our Website

4.3 Suspension and Termination

We reserve the right to suspend or terminate your access to our Website or Services at any time, with or without cause, and with or without notice, for any reason including but not limited to violation of these Terms.

5. Services and Engagement

5.1 Service Scope

Sigmatic provides professional consulting services including:

  • AI automation implementation and voice/chat agent development

  • Website development, design, and conversion optimization

  • Salesforce consulting, implementation, and managed services

  • Related technology consulting and integration services

Specific services, deliverables, timelines, and compensation will be detailed in separate Service Agreements or Statements of Work executed between Sigmatic and the Client.

5.2 Service Agreements

All consulting engagements are subject to a separate written Service Agreement or Statement of Work. These Terms govern your use of our Website and general relationship with Sigmatic, but do not constitute a contract for services. Services are provided only pursuant to executed Service Agreements.

5.3 ROI Guarantee

Where applicable and as specified in a Service Agreement, Sigmatic may offer performance guarantees. The specific terms, conditions, limitations, and measurement criteria for any guarantees will be detailed in the applicable Service Agreement. No guarantee is implied or assumed unless explicitly stated in writing in a Service Agreement.

5.4 Client Responsibilities

When engaging our Services, you agree to:

  • Provide timely access to necessary systems, data, and personnel

  • Respond promptly to requests for information or approvals

  • Designate a primary point of contact with appropriate authority

  • Provide accurate information about your business requirements and constraints

  • Comply with all applicable laws and regulations

  • Pay all fees according to the agreed-upon payment terms

6. Intellectual Property Rights

6.1 Sigmatic Intellectual Property

All Content on our Website, including but not limited to text, graphics, logos, images, software, and design elements, is the exclusive property of Sigmatic or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any Content from our Website without our prior written permission, except as follows:

  • You may temporarily download one copy of materials for personal, non-commercial viewing only

  • You may print one copy of materials for personal, non-commercial use only

6.2 Trademarks

"Sigmatic," "Sigmatic Consulting," and other Sigmatic marks, logos, and service names are trademarks of Sigmatic LLC. You may not use these marks without our prior written permission. All other trademarks, service marks, and logos used on our Website are the property of their respective owners.

6.3 Work Product and Deliverables

Ownership of work product and deliverables created pursuant to a Service Agreement will be governed by the terms of that specific Service Agreement. Generally:

  • Custom Deliverables: Code, designs, configurations, and other work product created specifically for a Client will be owned by the Client upon full payment, subject to Sigmatic's retained rights in pre-existing materials and methodologies

  • Pre-Existing Materials: Sigmatic retains ownership of all pre-existing intellectual property, including templates, frameworks, methodologies, and tools

  • Third-Party Components: Third-party software, platforms, and components remain subject to their respective licenses

6.4 Feedback and Suggestions

If you provide us with any feedback, suggestions, or ideas regarding our Services or Website, you grant us an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, modify, and commercialize such feedback without attribution or compensation to you.

7. User Content and Submissions

7.1 User Responsibility

You are solely responsible for any information, data, text, messages, or other materials ("User Content") that you submit to us through our Website or in connection with our Services.

7.2 License to User Content

By submitting User Content, you grant Sigmatic a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, adapt, and display such User Content solely for the purpose of providing our Services and improving our business operations.

7.3 User Content Restrictions

You represent and warrant that your User Content:

  • Does not violate any law or regulation

  • Does not infringe upon any third-party intellectual property rights

  • Does not contain any viruses, malware, or harmful code

  • Does not contain confidential information of third parties without authorization

  • Is accurate and not misleading

7.4 No Obligation

We have no obligation to monitor, store, or maintain User Content. We reserve the right to remove any User Content at any time for any reason without notice.

8. Third-Party Services and Links

8.1 Third-Party Links

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by Sigmatic. We provide these links for your convenience only.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any third parties or their websites.

8.2 Third-Party Integrations

Our Services may integrate with or utilize third-party platforms, software, or services (such as Salesforce, Google Analytics, payment processors, etc.). Your use of such third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, functionality, or security of third-party services.

8.3 Release

You acknowledge and agree that Sigmatic will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third-party content, products, or services.

9. Payment Terms

9.1 Fees and Pricing

Pricing for our Services will be specified in separate Service Agreements or Statements of Work. All fees are quoted in United States Dollars (USD) unless otherwise specified.

9.2 Payment Terms

Payment terms, including schedules, methods, and due dates, will be specified in the applicable Service Agreement. Generally:

  • Payment is due according to the schedule specified in the Service Agreement

  • Late payments may be subject to interest charges as specified in the Service Agreement

  • We reserve the right to suspend Services for non-payment

9.3 Taxes

All fees are exclusive of applicable federal, state, local, and foreign taxes, levies, or duties. Client is responsible for payment of all such taxes (excluding taxes based on Sigmatic's income).

9.4 Refunds

Refund policies, if any, will be specified in the applicable Service Agreement. Absent such specification, all fees are non-refundable.

10. Confidentiality

10.1 Confidential Information

Each party may have access to confidential information of the other party. "Confidential Information" means all non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

10.2 Obligations

Each party agrees to:

  • Maintain the confidentiality of the other party's Confidential Information

  • Use Confidential Information only for the purposes of the engagement

  • Not disclose Confidential Information to third parties without prior written consent

  • Protect Confidential Information using at least the same degree of care used to protect its own confidential information

10.3 Exceptions

Confidential Information does not include information that:

  • Was publicly known at the time of disclosure

  • Becomes publicly known through no breach of these Terms

  • Was rightfully known by the receiving party prior to disclosure

  • Is independently developed by the receiving party

  • Is required to be disclosed by law or court order

11. Disclaimers and Limitations of Liability

11.1 Website "As Is"

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SIGMATIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

  • Our Website or Services will be uninterrupted, timely, secure, or error-free

  • The results obtained from use of our Website or Services will be accurate or reliable

  • Any errors in our Website or Services will be corrected

  • Our Website or servers are free of viruses or other harmful components

11.2 Professional Services Disclaimer

While we strive to provide high-quality professional services, we make no warranties or guarantees regarding the results or outcomes of our Services except as expressly stated in a written Service Agreement. Technology implementations involve inherent risks, and results may vary based on numerous factors beyond our control.

11.3 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SIGMATIC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO SIGMATIC IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11.4 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above limitations and exclusions may not apply to you, and our liability will be limited to the maximum extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Sigmatic, its affiliates, and their respective officers, directors, employees, agents, contractors, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of or inability to use our Website or Services

  • Your violation of these Terms

  • Your violation of any third-party rights, including intellectual property rights

  • Your User Content or any content you submit

  • Any false, inaccurate, or misleading information you provide

  • Your violation of any applicable laws or regulations

This indemnification obligation will survive termination of these Terms and your use of our Services.

13. Data Protection and Privacy

Your use of our Website and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

For clients in regulated industries (such as healthcare), additional data protection terms may apply as specified in separate Service Agreements, including Business Associate Agreements for HIPAA compliance.

14. Communications

14.1 Electronic Communications

By using our Website or Services, you consent to receive electronic communications from us, including emails, text messages, and notices posted on our Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

14.2 Opt-Out

You may opt out of receiving promotional communications from us by following the unsubscribe instructions in those communications or by contacting us. However, you cannot opt out of receiving transactional or relationship messages regarding your use of our Services.

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms and any dispute arising out of or related to these Terms, our Website, or our Services shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.

15.2 Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or related to these Terms or our Services shall be brought exclusively in the federal or state courts located in Harris County, Texas. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

15.3 Informal Resolution

Before filing any formal legal action, you agree to first contact us at keenan@sigmatic.consulting to attempt to resolve any dispute informally. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within sixty (60) days of submission, either party may pursue formal legal action.

15.4 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AND SIGMATIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Sigmatic agree otherwise, the arbitrator or court may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

15.5 Time Limitation

You agree that any claim or cause of action arising out of or related to these Terms or our Services must be filed within one (1) year after such claim or cause of action arose, or it will be permanently barred.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Service Agreement, constitute the entire agreement between you and Sigmatic regarding your use of our Website and Services, and supersede all prior and contemporaneous agreements, proposals, or representations, whether written or oral.

16.2 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Sigmatic.

16.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected or impaired. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

16.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms at any time without notice or consent. Any attempted assignment in violation of this section will be null and void.

16.5 Force Majeure

Sigmatic will not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, natural disasters, pandemics, government actions, or failures of third-party services or infrastructure.

16.6 Survival

All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution provisions.

16.7 Headings

The headings and titles in these Terms are for convenience only and have no legal or contractual effect.

16.8 Independent Contractors

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Sigmatic. Each party is an independent contractor.

16.9 Export Compliance

You agree to comply with all applicable export and import control laws and regulations in your use of our Services, including but not limited to U.S. Export Administration Regulations.

17. Contact Information

If you have any questions about these Terms, please contact us:

Sigmatic LLC

Email:
keenan@sigmatic.consulting
kyle@sigmatic.consulting

Address:
Houston, Texas

Website:
https://www.sigmatic.consulting

For legal notices or formal communications, please send correspondence to the email addresses listed above.

By using our Website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.