TERMS OF SERVICE

    Last Updated: January 18, 2025

    1. AGREEMENT TO TERMS

    These Terms of Service ("Terms") constitute a legally binding agreement between you and Iwo Szapar ("Company," "we," "us," or "our") governing your access to and use of the iwoszapar.com website and our services, including AI Second Brain consulting, training, and related services.

    By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

    2. SERVICES DESCRIPTION

    Iwo Szapar provides:

    • AI Second Brain implementation consulting
    • AI training and workshops for individuals and teams
    • Context engineering and AI productivity optimization
    • Custom AI workflow development
    • Strategic consulting for AI adoption
    • Online and in-person training sessions

    Services are delivered through one-on-one consultations, group workshops, online courses, and custom implementation projects as agreed upon in writing with clients.

    3. USER ELIGIBILITY

    You must be at least 18 years old and capable of forming a binding contract to use our services. By using our services, you represent and warrant that you meet these eligibility requirements.

    4. SERVICE ENGAGEMENT AND PAYMENTS

    4.1 Service Agreements

    All services are provided pursuant to a written agreement, proposal, or statement of work ("SOW") that specifies the scope, deliverables, timeline, and fees. Services commence only upon mutual written agreement and receipt of required payment.

    4.2 Pricing and Payment Terms

    • All fees are stated in EUR (Euro) or USD (US Dollars) as specified in the agreement
    • Payment is due as specified in the SOW (typically 50% upfront, 50% upon completion)
    • Payments are processed securely through Stripe
    • All fees are exclusive of applicable taxes, which are your responsibility
    • Late payments may incur a fee of 1.5% per month or the maximum allowed by law

    4.3 Changes to Pricing

    We reserve the right to modify our pricing at any time. Changes will not affect services already contracted under a signed SOW.

    5. INTELLECTUAL PROPERTY RIGHTS

    5.1 Our Intellectual Property

    All content, materials, methodologies, frameworks, and tools provided as part of our services, including but not limited to training materials, templates, documentation, and custom implementations ("Materials"), are and remain the exclusive property of Iwo Szapar, unless otherwise specified in writing.

    5.2 License to Use

    Upon full payment, you receive a non-exclusive, non-transferable license to use the Materials solely for your internal business purposes. You may not:

    • Resell, redistribute, or commercially exploit the Materials
    • Modify or create derivative works without written permission
    • Remove proprietary notices or attribution
    • Use Materials to train or consult others without written authorization

    5.3 Client Data and Implementations

    You retain all rights to your data, content, and proprietary information. Custom implementations built specifically for your use case are licensed to you as specified in the SOW.

    6. CONFIDENTIALITY

    Both parties agree to maintain confidentiality of any proprietary or sensitive information disclosed during the engagement, including but not limited to:

    • Business strategies and plans
    • Financial information
    • Technical processes and implementations
    • Customer or employee data
    • Trade secrets and proprietary methodologies

    This obligation survives termination of the service agreement for a period of 3 years.

    7. WARRANTIES AND DISCLAIMERS

    7.1 Our Warranties

    We warrant that:

    • Services will be performed in a professional and workmanlike manner
    • We have the necessary expertise and qualifications to provide the services
    • Services will generally conform to descriptions in the SOW

    7.2 Disclaimers

    EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:

    • Warranties of merchantability or fitness for a particular purpose
    • Guarantees of specific results or ROI from AI implementations
    • Guarantees that AI tools will work without errors or interruptions
    • Warranties regarding third-party AI tools or platforms (e.g., ChatGPT, Claude, etc.)

    We provide guidance and implementation support, but results depend on many factors including your implementation, use case, and third-party platform performance.

    8. LIMITATION OF LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED BY LAW:

    IN NO EVENT SHALL IWO SZAPAR, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

    • Loss of profits, revenue, or business opportunities
    • Loss of data or information
    • Business interruption
    • Cost of substitute services

    OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE CLAIM.

    9. INDEMNIFICATION

    You agree to indemnify, defend, and hold harmless Iwo Szapar and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

    • Your use of our services
    • Your violation of these Terms
    • Your violation of any third-party rights
    • Your implementation or use of AI systems based on our consulting

    10. ACCEPTABLE USE

    You agree NOT to:

    • Use services for any unlawful purpose or in violation of applicable laws
    • Resell or sublicense our services without written permission
    • Interfere with or disrupt our services or servers
    • Use automated systems to access our website without permission
    • Attempt to gain unauthorized access to our systems or data
    • Use services to develop competing products or services
    • Violate intellectual property rights of Iwo Szapar or third parties

    11. TERMINATION

    11.1 By Either Party

    Either party may terminate an ongoing service engagement with 14 days' written notice, subject to the terms of the specific SOW.

    11.2 For Cause

    Either party may terminate immediately if the other party:

    • Materially breaches these Terms and fails to cure within 7 days of notice
    • Becomes insolvent or files for bankruptcy
    • Engages in fraudulent or illegal conduct

    11.3 Effect of Termination

    Upon termination, you must pay for all services rendered up to the termination date. Sections relating to intellectual property, confidentiality, warranties, limitations of liability, and dispute resolution survive termination.

    12. GOVERNING LAW AND DISPUTE RESOLUTION

    12.1 Governing Law

    These Terms are governed by the laws of Poland, without regard to conflict of law principles.

    12.2 Dispute Resolution

    Any disputes arising from these Terms or our services shall be resolved through:

    1. Informal negotiation: Good faith discussions for 30 days
    2. Mediation: If negotiation fails, binding mediation in Poland
    3. Arbitration/Court: If mediation fails, binding arbitration or courts of Poland

    13. CHANGES TO TERMS

    We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date. Your continued use of services after changes constitutes acceptance. Material changes will be communicated via email to active clients.

    14. GENERAL PROVISIONS

    14.1 Entire Agreement

    These Terms, together with any SOW, constitute the entire agreement between you and Iwo Szapar regarding our services.

    14.2 Severability

    If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

    14.3 No Waiver

    Our failure to enforce any right or provision is not a waiver of that right or provision.

    14.4 Assignment

    You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

    14.5 Force Majeure

    Neither party shall be liable for delays or failures in performance resulting from causes beyond reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, or government actions.

    15. CONTACT INFORMATION

    For questions about these Terms of Service, please contact us:

    Iwo Szapar

    Email: iwo.szapar@gmail.com

    Website: iwoszapar.com

    Business hours: Monday-Friday, 9:00 AM - 5:00 PM CET