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Terms of Service

These terms govern your use of upshiftco.com and any advisory services provided by Upshift LLC. By using this site, you agree to these terms.

Advisory services

Upshift LLC provides AI commercialization advisory services to professional services firms. Engagement terms, deliverables, pricing, and payment schedules are specified in individual engagement agreements signed before work begins, except for productized services purchased directly through this site, which are governed by the Productized services section below. Except as provided in that section, these website terms do not constitute an engagement agreement.

Productized services

Some Upshift services are fixed in scope and price and purchased directly through this site. The Map is one of these. For these services, these terms together with your online purchase form the agreement between you and Upshift LLC. No separate signed engagement agreement is required.

Payment is due in full at the time of booking. The fee is the agreed price for reserving a limited delivery slot and beginning preparation. It is earned when you book and is not a deposit or security for performance. Your session is confirmed once payment clears.

Upshift works with a small number of clients at a time, so booking your session means declining other work for that slot. The fee reflects that reserved capacity, which both parties agree is a reasonable estimate of its value and is difficult to measure exactly. For that reason the fee is not refundable.

You may reschedule once at no charge with at least 48 hours’ notice before your session. A request made inside 48 hours, or a second reschedule, is treated as a delivered session, because the reserved slot can no longer be filled.

The deliverable and its scope are described on the service page at the time of purchase. On full payment, you own the deliverable Upshift produces for you. Upshift LLC retains ownership of the methods, templates, and frameworks used to create it. Upshift LLC provides the service using professional judgment and does not guarantee specific business outcomes.

If any part of this section is found unenforceable, the rest stays in effect, and Upshift LLC retains the reasonable value of the capacity reserved and any work performed.

For productized services, the total liability of Upshift LLC for any claim arising from or related to the service is limited to the amount you paid for that service. Upshift LLC is not liable for indirect, incidental, or consequential damages, including lost profits or lost business opportunity. These limits do not apply to liability for gross negligence, willful misconduct, or fraud, or to any other liability that cannot be limited under Tennessee law.

Free assessment

The Free AI Commercialization Assessment is provided for informational purposes only. Results are based on self-reported data and general industry benchmarks. They do not constitute professional advice, an implementation plan, or a financial projection. We use the information you submit to generate your results. How we collect, store, and use that data is described in our Privacy Policy.

Intellectual property

All content on this site, including text, design, graphics, and logos, is owned by Upshift LLC and protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without written permission.

Deliverables produced during an advisory engagement become the property of the client upon payment in full, as specified in the engagement agreement. Ownership of productized service deliverables is addressed in the Productized services section above.

Limitation of liability

Upshift LLC provides advisory services based on professional judgment and experience. We do not guarantee specific business outcomes, revenue figures, or market results. Advisory recommendations are opinions informed by experience, not warranties of performance.

This site and its content are provided “as is” without warranties of any kind. Except where these terms set a specific limit, such as the cap in Productized services, Upshift LLC is not liable for any damages arising from your use of this site or reliance on its content. Nothing in these terms limits liability that cannot be limited under Tennessee law.

Privacy

Our collection and use of your data is described in our Privacy Policy.

Governing law

These terms are governed by the laws of the State of Tennessee. Any disputes will be resolved in the courts of Davidson County, Tennessee.

Changes

We may update these terms. Material changes will be noted with a revised effective date at the top of this page.

Contact

Questions about these terms: shawn@upshiftco.com