Terms and Conditions

This Terms and Conditions agreement is entered into by and between You and Shaolin Data Services and/or Shaolin Data Services LLC (hereafter, “Shaolin Data Services LLC,” “Company,” “We,” “Our,” “Us”).

Agreement to the Terms and Conditions

These Terms and Conditions constitute a formal agreement between You and Shaolin Data Services LLC concerning your access to and use of our services, including but not limited to Strategic SWOT & Competitive Audit (Fractional CDS), Data Governance & Process Optimization (Organizational Process Modeling), Data Infrastructure Governance & Blueprinting, and Fractional Chief Data Strategist (CDS) On-Demand. By engaging our services, you accept and agree to be bound by these Terms and Conditions.

Service and Payment Terms

1. Initial Consultation and Project Engagement All project engagements begin with an Initial Consultation to assess the Client’s needs, strategic objectives, and data ecosystem. The purpose of this focused session is to ensure both parties are aligned and that the Client is pursuing the service that best addresses their needs. The fee for this initial consultation is $250, which is due in advance. This fee will be fully credited toward the total project investment should the Client decide to proceed with any of our services. This fee is non-refundable if the Client chooses not to proceed, as it represents the value of the consultation itself.

2. Project Investment and Payments Payments for specialized diagnostics, including the Data Process Friction Report ($4,000) and Strategic SWOT & Competitive Audit, must be paid in full prior to project initiation. These fees are non-refundable. Once the Company begins the diagnostic process—including but not limited to environment review, stakeholder interview scheduling, or OPM modeling—the Client acknowledges that the specialized intellectual labor has been deployed.

Following the Initial Consultation, Shaolin Data Services will provide a custom proposal with a defined Scope of Work and a project investment based on the complexity, data volume, and depth of analysis required. Payments shall be made according to the schedule outlined in the project proposal. Any payment not received within [number] days of the invoice date may result in a suspension of services until payment is made in full.

3. Scope of Work and Change Management The Scope of Work will be a disciplined and detailed plan agreed upon by both parties. Any requests for changes, additions, or modifications to the Scope of Work after the project has commenced must be submitted in writing. Shaolin Data Services will then provide an assessment of the impact on project timeline and investment, and a new agreement will be required for any changes.

Diagnostics are objective operations. The scope is defined by the OPM methodology. Requests for additional analysis outside the three (3) identified friction points will be billed under a separate Fractional CDS On-Demand engagement.

The success of the Fractional CDS Strategy relies on transparent access. If the Client fails to provide the designated stakeholder for interview within 14 days of project initiation, the project will be considered ‘Completed’ and all fees forfeited.

4. Termination of Services While either party may terminate a long-term Fractional CDS On-Demand retainer with 60 days’ notice, this does not apply to fixed-fee diagnostic operations. Diagnostic services cannot be ‘partially’ performed; the value lies in the final surgical identification of friction. Therefore, no prorated refunds will be issued for diagnostics once the operation has commenced.

Intellectual Property and Confidentiality

Confidentiality and Professional Integrity Shaolin Data Services recognizes the trust you place in us with your data and business information. We are committed to a disciplined and professional approach to confidentiality. We will not disclose, use, or monitor any confidential information for any purpose other than what is necessary to fulfill our service agreement. This obligation does not extend to information that is already in the public domain or is legally required to be disclosed. Our commitment to integrity means we will never engage in any activity that is illegal or poses a legal or financial risk to your business or ours.
Data Ownership and Access The Client retains full and exclusive ownership of all data provided to Shaolin Data Services for the duration of a project. Upon project completion, Shaolin Data Services will destroy or securely return all client data, and all access privileges will be immediately revoked. We do not retain client data once our engagement has concluded, ensuring your data remains entirely within your control.
Deliverable Ownership Client retains ownership of the specific findings within the final report. Shaolin Data Services LLC retains exclusive ownership of all underlying methodologies, OPM frameworks, and diagnostic logic used to generate said findings. For preliminary, proof-of-concept, or demonstrative work, Shaolin Data Services retains the right to use such materials for our portfolio and promotional purposes, but only after they have been thoroughly anonymized and stripped of any proprietary information. In no instance will we use or share any data protected by regulations such as FERPA or HIPAA.

General Terms and Legal Provisions

Scope of Work and Client Data Responsibility By engaging with us, you acknowledge and agree that you are purchasing a surgical, targeted analysis or strategic service, as defined in the agreed-upon Scope of Work. You are solely responsible for providing the complete, precise, and timely information necessary for Shaolin Data Services to perform the contracted operation. Any delays or failure to achieve the desired outcome resulting from incomplete or inaccurate information provided by the Client shall not be the responsibility of the Company.

No Guarantees and Disclaimer of Warranties You understand, acknowledge, and accept that Shaolin Data Services LLC makes no guarantees or representations about any specific results that you might achieve from our services. You expressly agree that THIS SERVICE IS PROVIDED “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Any testimonials or success stories are not and should not be taken as a promise or guarantee of similar results. You agree that any outcome is based on various factors, and as such, we cannot make any guarantees. Moreover, Shaolin Data Services LLC is not liable for any specific outcomes

Indemnification You agree and understand that you will hold Shaolin Data Services harmless from any claims, damages, or losses, including those related to personal or business interruptions, that arise from your use of third-party products, services, or websites recommended by us. Under no circumstances will Shaolin Data Services LLC be liable to any party for direct, indirect, or consequential damages that arise out of the member’s use or reliance on our services. TO THE FULLEST EXTENT PERMITTED BY LAW, SHAOLIN DATA SERVICES’S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR ANY SERVICE PROVIDED HEREUNDER IS STRICTLY LIMITED TO THE TOTAL FEES PAID BY THE CLIENT TO SHAOLIN DATA SERVICES FOR THAT SPECIFIC SERVICE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Under no circumstances will Shaolin Data Services LLC be liable to any party for direct, indirect, or consequential damages that arise out of the member’s use or reliance on our services

Governing Law This Terms and Conditions agreement and your access to and use of our products are governed by and construed in accordance with the laws of the United States and the state of Florida.

No Joint Venture or Partnership No joint venture, partnership, or agency relationship is created between You and Shaolin Data Services LLC by your use of our services. You further agree that these Terms and Conditions will not be construed against us simply because we drafted them. You waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the fact that they are not signed by the parties.

Entirety of the Agreement You acknowledge, understand, and agree that these Terms and Conditions constitute the entire agreement between you and Shaolin Data Services LLC, and it supersedes all prior and contemporaneous agreements, representations, and understandings between us.

Modifications to the Terms Shaolin Data Services reserves the right to make changes and additions to these Terms and Conditions from time to time. Any and all changes are effective immediately as soon as the updated policy is published. By continuing to use our services after we post our changes to the Terms and Conditions, you accept and agree to these updated or changed terms.