Terms of Service

1. Acceptance of Terms

Welcome to Configurate. These Terms of Service ("Terms") govern your access to and use of the services provided by Configurate, operated by Colin Stuckenschneider ("Configurate," "we," "us," or "our"), including our website (colin.vercel.app or any future Configurate domain) and all related freelance web development, design, AI/ML consulting, and e-commerce solution services (collectively, the "Services").

By accessing our website, engaging our Services, or signing a project proposal or service agreement with us, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services. For specific client engagements, the terms of a mutually signed Service Agreement or Statement of Work shall take precedence over these general Terms where any conflict exists.

Also see Fulfillment Policies.

2. Description of Services

Configurate provides specialized freelance services including, but not limited to:

• Custom web development (Next.js, React, Node.js, etc.)
• UI/UX design for web and mobile applications
• AI/ML integration and custom RAG system development
• E-commerce solutions (Headless Shopify, performance optimization)
• Technical consulting and strategic advice related to these areas.

The specific scope, deliverables, timelines, and fees for any project will be detailed in a separate written Project Proposal, Service Agreement, or Statement of Work (SOW) agreed upon by you ("Client") and Configurate.

3. Client Responsibilities

To enable us to provide our Services effectively, you agree to:

• Provide timely and accurate information, materials, and feedback necessary for project completion (e.g., content, branding assets, access to existing systems if required).
• Appoint a single point of contact authorized to make decisions on your behalf.
• Review and approve deliverables in a timely manner as specified in the project timeline.
• Comply with all applicable laws and regulations concerning your business and the content or data you provide.
• Ensure that any materials provided to Configurate do not infringe upon the intellectual property rights of third parties.

Delays in fulfilling Client responsibilities may result in project delays and/or additional costs, which will be communicated by Configurate.

4. Fees and Payment

Fees for our Services will be outlined in the applicable Project Proposal or Service Agreement. Payment terms (e.g., deposit, milestone payments, final payment) will also be specified therein.

• Invoices are payable upon receipt or as otherwise stated in the agreement.
• Late payments may incur interest charges as specified in the agreement or as permitted by law.
• All fees are exclusive of any applicable taxes (e.g., sales tax, VAT), which will be added to the invoice if required.
• Configurate reserves the right to suspend Services for overdue accounts.

5. Intellectual Property

Specific terms regarding intellectual property ownership will be detailed in individual Service Agreements. Generally:

• Client Content: You retain all intellectual property rights to the content, data, and materials you provide to us for the project ("Client Content"). You grant Configurate a non-exclusive, royalty-free license to use, reproduce, and modify Client Content solely for the purpose of providing the Services.
• Work Product: Upon full and final payment for the Services, and subject to the terms of the Service Agreement, Configurate typically assigns to the Client the intellectual property rights to the unique, custom-developed work product created specifically for the Client as part of the project ("Work Product").
• Pre-Existing IP and Tools: Configurate retains all rights to its pre-existing intellectual property, including but not limited to code libraries, tools, methodologies, know-how, and generic or template elements used in performing the Services ("Configurate IP"). To the extent Configurate IP is incorporated into the Work Product, Configurate grants the Client a non-exclusive, royalty-free, perpetual, worldwide license to use such Configurate IP solely as part of the Work Product.
• Portfolio Rights: Unless otherwise agreed in writing (e.g., under an NDA), Configurate reserves the right to display and showcase the Work Product (with appropriate credit to the Client, and masking confidential information) in its portfolio, website, and marketing materials for promotional purposes.

6. Confidentiality

Both Configurate and the Client ("Receiving Party") may receive confidential information from the other party ("Disclosing Party"). Confidential Information includes non-public information that the Disclosing Party designates as confidential or which a reasonable person would understand to be confidential given its nature and the circumstances of disclosure. This includes Project Data, business strategies, and proprietary technical information.

The Receiving Party agrees to:

• Use Confidential Information solely for the purpose of performing its obligations or exercising its rights under the Service Agreement.
• Protect Confidential Information with at least the same degree of care it uses to protect its own confidential information of a similar nature, but not less than reasonable care.
• Not disclose Confidential Information to any third party without the Disclosing Party's prior written consent, except as required by law or to employees/contractors who have a need to know and are bound by similar confidentiality obligations.

These confidentiality obligations may be further defined or superseded by a separate Non-Disclosure Agreement (NDA) signed by both parties.

7. Term and Termination

The term of any engagement will be specified in the Service Agreement. Either party may terminate a Service Agreement under conditions outlined therein, typically including:

• By mutual written consent.
• For material breach of the agreement, if the breaching party fails to cure such breach within a specified period after written notice.
• In the event of insolvency or bankruptcy of the other party.

Upon termination, the Client is responsible for payment for all Services performed and expenses incurred up to the effective date of termination. Provisions regarding Confidentiality, Intellectual Property, Limitation of Liability, and Governing Law shall survive termination.

8. Warranties and Disclaimers

Configurate warrants that the Services will be performed in a professional and workmanlike manner, consistent with industry standards.

EXCEPT FOR THE FOREGOING WARRANTY, THE SERVICES AND ANY WORK PRODUCT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CONFIGURATE DOES NOT WARRANT THAT THE SERVICES OR WORK PRODUCT WILL BE ERROR-FREE, UNINTERRUPTED, OR COMPLETELY SECURE, OR THAT ALL DEFECTS WILL BE CORRECTED.

You acknowledge that the use of AI and ML technologies involves inherent uncertainties and Configurate makes no warranties regarding the specific outcomes, accuracy, or reliability of AI-driven features or insights, except as may be explicitly stated in a Service Agreement.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CONFIGURATE (COLIN STUCKENSCHNEIDER) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES OR WORK PRODUCT, EVEN IF CONFIGURATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL CONFIGURATE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO CONFIGURATE FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

10. Indemnification

You agree to indemnify, defend, and hold harmless Configurate (Colin Stuckenschneider) from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or relating to: (a) your use of the Services or Work Product; (b) your breach of these Terms or any Service Agreement; (c) any Client Content or materials provided by you that infringe upon or violate the intellectual property rights or other rights of any third party; or (d) your violation of any applicable law or regulation.

11. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles.

Any disputes arising from or related to these Terms or the Services shall first be attempted to be resolved through good faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, the parties agree to submit the dispute to mediation before resorting to litigation. Any litigation shall be conducted in the state or federal courts located in Dallas County, Texas, and the parties consent to the exclusive jurisdiction of such courts.

12. Changes to Terms

Configurate reserves the right, in its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Services.

13. Entire Agreement

These Terms, together with our Privacy Policy and any applicable Service Agreement or SOW, constitute the entire agreement between you and Configurate regarding your use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

14. Contact Information

If you have any questions about these Terms of Service, please contact us:

Configurate (Colin Stuckenschneider)
Email: colinstucken@gmail.com
Phone: 214.707.2723