Terms of Service
Shyft AI LLC
1. Introduction
Welcome to Shyft AI. These Terms of Service ("Terms") govern your access to and use of the website located at shyft.ai (the "Site") and all related services, products, and features offered by Shyft AI LLC ("Shyft AI," "we," "us," or "our").
By accessing or using our Site or Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site or Services.
2. Definitions
- "Services" means all products, services, content, features, and functionality offered through the Site, including but not limited to AI readiness assessments, reports, consulting services, and related tools.
- "User" or "you" means any individual or entity that accesses or uses the Site or Services.
- "Customer" means a User who purchases or subscribes to paid Services.
- "Content" means all text, graphics, images, software, data, reports, and other materials available on or through the Site.
- "User Content" means any data, information, or materials you provide or submit through the Services.
3. Eligibility and Account Registration
3.1 Eligibility
To use our Services, you must:
- Be at least 18 years of age
- Have the legal capacity to enter into a binding agreement
- If acting on behalf of an organization, have the authority to bind that organization to these Terms
3.2 Account Registration
Some Services require account registration. When registering, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your login credentials secure and confidential
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use
You may not create more than one account per person or entity, share your account credentials, or transfer your account to another party without our written consent.
4. Description of Services
4.1 Services Offered
Shyft AI provides AI readiness assessment and transformation services, including:
- Free Assessment: AI readiness scan and basic scoring
- Unlock Report ($1): Detailed AI readiness report with recommendations
- Scout Report ($49): Comprehensive report with implementation roadmap
- Scan Service ($3,500): Professional consulting engagement with detailed analysis
- Build Service ($25,000+): Custom AI implementation projects
- Scale Service ($3,500/month): Ongoing AI optimization and support
4.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of Services.
5. Payment Terms
5.1 Pricing
All prices are displayed in US Dollars (USD) unless otherwise indicated. Prices are subject to change, but changes will not affect orders already placed.
5.2 Payment Processing
Payments are processed securely through Stripe. By making a purchase, you authorize us to charge your selected payment method. You represent that you have the legal right to use any payment method you provide.
5.3 Taxes
Prices may not include applicable taxes. You are responsible for paying all taxes associated with your purchases, except for taxes based on our income.
5.4 Refund Policy
Digital Products (Unlock, Scout Reports): Due to the instant digital delivery of these products, all sales are final and non-refundable. If you experience a technical issue preventing delivery, contact support@shyft.ai within 7 days.
Professional Services (Scan, Build, Scale): Refund terms are specified in the applicable service agreement. Generally:
- Cancellation before project kickoff: 50% refund
- Cancellation after project kickoff: No refund for work completed
6. Intellectual Property
6.1 Our Intellectual Property
The Site, Services, and all Content (excluding User Content) are owned by Shyft AI or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services or Content without our written permission.
6.2 Your Intellectual Property
You retain ownership of all User Content you provide. By submitting User Content, you grant Shyft AI a non-exclusive, worldwide, royalty-free license to use, process, and analyze your User Content solely for the purpose of providing the Services.
6.3 Report License
Upon purchase, you receive a non-exclusive, non-transferable license to use purchased reports and deliverables for your internal business purposes. You may not resell, redistribute, or publicly share reports without our written consent.
7. AI-Generated Content Disclaimer
IMPORTANT: Please read this section carefully.
Our Services utilize artificial intelligence to generate analyses, recommendations, and reports. You acknowledge and agree that:
7.1 Not Professional Advice
AI-generated content does not constitute legal, financial, accounting, tax, or other professional advice. You should consult qualified professionals before making business decisions based on our reports.
7.2 No Guarantee of Accuracy
While we strive for accuracy, AI-generated content may contain errors, omissions, or inaccuracies. We do not guarantee the accuracy, completeness, or reliability of any AI-generated content.
7.3 Your Responsibility
You are solely responsible for evaluating and implementing any recommendations. The success of AI initiatives depends on your specific circumstances, resources, and execution.
7.4 No Guaranteed Results
We do not guarantee any specific outcomes, return on investment, or business results from using our Services or implementing our recommendations.
7.5 Verification Required
You should independently verify any critical information before relying on it for business decisions.
8. User Conduct and Prohibited Uses
You agree not to:
- Use the Services for any illegal purpose or in violation of any laws
- Attempt to gain unauthorized access to the Services, accounts, or systems
- Use automated tools (bots, scrapers, crawlers) to access the Services without permission
- Reverse engineer, decompile, or disassemble any part of the Services
- Copy, reproduce, or redistribute Content without authorization
- Resell, sublicense, or commercially exploit the Services without permission
- Interfere with or disrupt the Services or servers
- Upload viruses, malware, or other harmful code
- Impersonate any person or entity
- Use the Services to gather competitive intelligence against Shyft AI
- Harass, abuse, or harm others through the Services
- Submit false or misleading information
9. Third-Party Services
The Services may integrate with or contain links to third-party websites, services, or content. We do not control and are not responsible for third-party services. Your use of third-party services is at your own risk and subject to their terms and policies.
10. Privacy
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
11. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties that the Services will be uninterrupted, error-free, or secure
- Warranties regarding the accuracy, reliability, or completeness of any Content
- Warranties that defects will be corrected
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
12.1 Liability Cap
Our total liability to you for all claims arising from or related to these Terms or the Services shall not exceed the greater of:
- The total amount you paid to us in the twelve (12) months preceding the claim, or
- One thousand US dollars ($1,000)
12.2 Exclusion of Damages
We shall not be liable for any:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Cost of substitute services
- Damages arising from your use or inability to use the Services
12.3 Basis of the Bargain
These limitations apply regardless of the legal theory (contract, tort, strict liability, or otherwise), even if we have been advised of the possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you.
13. Indemnification
You agree to indemnify, defend, and hold harmless Shyft AI, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Services
- Your violation of these Terms
- Your violation of any rights of a third party
- Your User Content
14. Dispute Resolution
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
14.2 Jurisdiction
You agree that any legal action or proceeding arising from these Terms shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.
14.3 Informal Resolution
Before filing any legal claim, you agree to try to resolve the dispute informally by contacting us at legal@shyft.ai. We will attempt to resolve the dispute informally within 60 days.
14.4 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
15. Term and Termination
15.1 Term
These Terms remain in effect while you use the Services.
15.2 Termination by You
You may stop using the Services and close your account at any time.
15.3 Termination by Us
We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Reasons for termination may include:
- Violation of these Terms
- Fraudulent or illegal activity
- Non-payment of fees
- Extended inactivity
- At our sole discretion
15.4 Effect of Termination
Upon termination:
- Your right to use the Services immediately ceases
- We may delete your account and User Content
- Provisions that by their nature should survive will survive (including Sections 6, 7, 11, 12, 13, and 14)
16. Changes to Terms
We may update these Terms from time to time. If we make material changes, we will notify you by:
- Posting the updated Terms on the Site with a new "Last Updated" date
- Sending an email to the address associated with your account (for registered users)
Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services.
17. General Provisions
17.1 Entire Agreement
These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Shyft AI regarding the Services.
17.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
17.3 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
17.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
17.5 No Agency
Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Shyft AI.
17.6 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
18. Contact Information
If you have any questions about these Terms, please contact us:
Shyft AI LLC8 The Green, STE A
Dover, Delaware 19901
United States
Email: hello@shyft.ai
Legal Inquiries: legal@shyft.ai
Support: support@shyft.ai
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.