Terms of Service

These terms are a binding agreement between you and [KoldOS legal entity name] (“KoldOS”, “we”, “us”). They cover your use of this website and our newsletter, and they sit behind any enquiry, proposal or engagement that starts here.

Using the site means you accept them. If you do not accept them, please stop using the site. If you are accepting on behalf of a company, you confirm that you can bind it, and “you” means that company.

The site describes what we do and how to reach us. Case studies, methodology, benchmarks and sample answers from AI assistants are there for information. They are not advice for your situation, and nothing on the site is an offer you can accept or a commitment to provide services on particular terms.

Client work runs under a separate written agreement: a proposal, statement of work, master services agreement or signed quote (an “Engagement Agreement”). It sets out scope, deliverables, timeline, fees and anything else specific to the project.

Where an Engagement Agreement conflicts with these terms, the Engagement Agreement controls for that project. These terms cover whatever it leaves out. Work outside the agreed scope is quoted and approved in writing before it starts.

We do not guarantee any particular position, citation, mention, ranking, traffic figure or revenue outcome, and we cannot.

Generative engines such as ChatGPT, Perplexity, Gemini, Claude and Google AI Overviews are third-party systems. We do not own them, control them, or have privileged access to them. Their models, retrieval methods, source weighting and answer formats change often, without notice and without published documentation. The same question can produce different answers for different users, on different days and in different regions. Search engines behave the same way.

What we commit to is the work itself: the research, technical changes, content and measurement set out in your Engagement Agreement, carried out with reasonable skill and care to professional standards. Any forecast, projection, benchmark or past result we show you illustrates what has happened before. It is not a promise of what will happen for you.

Our work depends on things only you can provide. You agree to:

• give us accurate information, and timely access to the accounts, systems, repositories and people the work requires;
• review and respond to deliverables, drafts and approval requests within the timeframes we agree. Delays here move the timeline;
• hold the rights to everything you give us to publish, and keep your own site, content and business practices compliant with applicable law;
• maintain your own backups and security for the systems we are given access to.

You agree not to:

• use the site unlawfully, or to infringe anyone’s rights;
• scrape, crawl, harvest or bulk-download the site other than by well-behaved indexing that respects our robots directives, or use it to compile a dataset for training or resale;
• probe, scan or test the vulnerability of the site or the systems behind it, or get around any security or rate-limiting measure, without our written permission;
• introduce malware, launch a denial-of-service attack, or otherwise interfere with how the site runs or with anyone else’s use of it;
• submit false, misleading or third-party contact details through any form, or use our forms and newsletter to send spam;
• impersonate KoldOS, or use our name or marks in a way that suggests a partnership, sponsorship or endorsement that does not exist.

We may suspend or block access for anyone who breaches this section.

The site and its contents belong to us or our licensors. That includes the text, design, layout, graphics, code, and the KoldOS name, logo and brand assets, all protected by copyright, trademark and other laws. You can read the site and quote short extracts with attribution and a link. You cannot copy, republish, adapt or commercially exploit any part of it without our written permission. Nothing here grants a license by implication.

Unless your Engagement Agreement says otherwise:

• Your material stays yours. You keep all rights in the content, data, trademarks and materials you provide, and you grant us a non-exclusive license to use them to perform the engagement.
• Deliverables transfer on payment. Once we have been paid in full for the relevant work, ownership of the deliverables produced specifically for you passes to you.
• Our toolkit stays ours. Methodologies, frameworks, know-how, templates, internal tooling and pre-existing or generic components remain ours. We grant you a perpetual, non-exclusive, royalty-free license to use them as embedded in your deliverables.
• Third-party components. Open-source and licensed third-party components come with their own licenses, which apply to your use of them.
• Portfolio use. We may name you as a client and describe the work publicly, using published materials and results. Tell us in writing if you would rather we did not, and we will stop.

Fees, currency, invoicing schedule and payment terms are set in your Engagement Agreement. Unless it says otherwise, invoices are payable within 14 days; fees exclude taxes and third-party costs such as subscriptions, licenses, media spend and hosting, which are passed through at cost; and we may suspend work on accounts more than 30 days overdue after written notice. Overdue amounts may carry interest at 1.5% per month or the maximum the law allows, whichever is lower. Deposits and fees for work already performed are non-refundable.

Each of us will learn confidential information about the other: strategy, roadmaps, pricing, credentials, unpublished content and technical detail. Each of us agrees to keep it confidential, to use it only for the engagement, and to protect it with at least reasonable care. This does not apply to information that is public through no fault of the receiving party, was already known to it, or was developed independently. It does not prevent disclosure required by law, provided the other party is given notice where giving notice is lawful. These obligations continue after the engagement ends.

The site links to third-party services, and our work depends on platforms we do not control: AI assistants, search engines, hosting, analytics and content management providers. We are not responsible for their content, availability, pricing, policies or practices, and a link is not an endorsement. Product names and logos shown on this site belong to their owners and are used to identify those products. They do not imply any affiliation with, sponsorship by, or endorsement from those companies.

The site is provided “as is” and “as available”, without warranty of any kind. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the site will be uninterrupted, timely, secure or error-free, or that the information on it is complete, accurate or current. Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud.

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data, lost goodwill or business interruption, however caused and on any theory of liability, even if advised that they were possible.

Our total aggregate liability arising out of or relating to these terms, the site or an engagement is limited to the greater of the fees you paid us in the twelve months before the event giving rise to the claim, or US$100. Where your use of the site is free of charge, that cap is US$100.

You agree to indemnify and hold harmless KoldOS, its officers, employees and contractors against any claim, loss, liability, cost or expense, including reasonable legal fees, arising out of your breach of these terms, your misuse of the site, or any content or material you supply to us that infringes a third party’s rights or breaches applicable law.

We may suspend or terminate your access to the site at any time, with or without notice, if you breach these terms or if we discontinue the site. Ending an engagement is governed by its Engagement Agreement. Where there is none, either party may terminate on 30 days’ written notice, and you remain liable for work performed and costs committed up to the termination date. Some sections continue after termination: intellectual property, confidentiality, disclaimers, limitation of liability, indemnity, and governing law.

These terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. You and we agree to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute that reaches a court.

Before filing anything, email us and give us 30 days to settle the matter informally. Any claim must be brought within one year of the event that gave rise to it, or it is permanently barred, unless applicable law does not allow the limitation period to be shortened.

We may update these terms as our services and obligations change. The date at the top shows the current version, and changes take effect when posted. Continuing to use the site after that means you accept the revised terms. Changes do not alter an Engagement Agreement already in force. That can be amended only in writing by both parties.

• Entire agreement. These terms, any Engagement Agreement, and our Privacy Policy are the whole agreement between us on their subject matter.
• Severability. If a provision is held unenforceable, the rest stays in force and that provision is narrowed to the minimum needed to make it enforceable.
• No waiver. Not enforcing a right is not a waiver of it.
• Assignment. You may not assign these terms without our written consent. We may assign them to an affiliate, or in connection with a merger or sale of assets.
• Independent contractors. Nothing here creates a partnership, joint venture, employment or agency relationship.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
• Notices. Send notices to us at [legal@koldos.example] and to the address below. We send notices to you at the email address on your account or engagement.

Questions about these terms go to [legal@koldos.example].

[KoldOS legal entity name]
[registered business address]