Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) are a binding agreement between you and RevGen AI LLC (“RevGen AI,” “we,” “us,” or “our”). RevGen AI provides marketing consulting services under the name RevGen AI Marketing.

These Terms cover your use of getrevgen.com (the “site”), our free assessments and resources, and our consulting services (together, the “services”). If you accept these Terms on behalf of a company, you confirm that you have authority to bind that company, and “you” refers to the company. If you do not agree to these Terms, do not use the site or services.

2. Our Services

We provide product marketing, partner marketing, and go-to-market consulting. This includes assessments, audits, strategy, messaging, program design, and hands-on (“forward deployed”) execution inside a client’s team.

We may change, suspend, or stop offering any service at any time. Changes do not affect a signed Statement of Work already in progress.

3. Engagements and Statements of Work

3.1 Order of Precedence

Paid work is defined in a signed proposal, Statement of Work (“SOW”), or Master Services Agreement (“MSA”). If a signed proposal, SOW, or MSA conflicts with these Terms, the signed agreement controls.

3.2 Scope Changes

Work outside the agreed SOW requires a written change order signed or approved by email by both parties. A change order may adjust fees and timelines.

3.3 Client Responsibilities

The client provides timely access to the people, systems, data, and decisions needed to perform the services. If the client causes a delay, timelines and fees may shift accordingly.

3.4 Eligibility

Our services are for businesses only. You must be at least 18 years old to use the site or engage our services.

4. Free Assessments and Website Content

4.1 General Information Only

The “60-second read,” audits offered free of charge, articles, and other content on the site are general information only. They are not legal, financial, or tax advice and are not a substitute for a scoped engagement based on your company’s specific situation.

4.2 Acceptable Use

When using the site, you agree not to:

• Use the site for any unlawful purpose
• Scrape the site or access it through automated means
• Interfere with or disrupt the site or its infrastructure
• Upload viruses or other malicious code
• Misrepresent your identity or affiliation
• Copy, resell, or redistribute our content or frameworks

5. Fees and Payment

This section applies when the SOW does not say otherwise.

5.1 Fees

Fees are stated in the proposal or SOW and may be fixed-fee, retainer, or hourly.

5.2 Invoicing

Retainers are invoiced monthly in advance. Project fees are invoiced 50% at signing and 50% on delivery. Payment is due within 15 days of the invoice date.

5.3 Late Payment

Overdue amounts accrue interest at 1.5% per month or the maximum rate allowed by law, whichever is lower. We may pause work on any account more than 15 days past due until it is brought current.

5.4 Expenses

Reasonable expenses that the client approves in advance are billed at cost.

5.5 Refunds

Fees for work already performed are non-refundable. Prepaid amounts for work not yet started are refundable if the engagement is cancelled under Section 13.

6. Intellectual Property

6.1 Deliverables

Once we receive full payment, the client owns the final deliverables created specifically for it under the SOW.

6.2 Pre-Existing IP

RevGen AI keeps ownership of its methods, frameworks, templates, tools, know-how, and anything created before or outside the engagement (“RevGen AI Materials”). The client receives a perpetual, non-exclusive license to use any RevGen AI Materials included in its deliverables for its internal business purposes.

6.3 Client Materials

The client keeps ownership of everything it provides to us. The client grants us a limited license to use those materials only to perform the services.

6.4 Portfolio

With the client’s written approval, we may name the client and describe the work in general terms in our marketing. We never disclose confidential information.

6.5 Feedback

We may use any feedback you give us about our services without restriction or obligation to you.

7. Confidentiality

Each party will protect the other party’s non-public information (“Confidential Information”) with at least reasonable care, use it only for the engagement, and share it only with people who need to know it and are bound by obligations at least as protective as these.

This section does not cover information that is or becomes public through no fault of the receiving party, was already known to the receiving party, is independently developed, or must be disclosed by law. If disclosure is required by law, the receiving party will give the other party notice where legally permitted.

If the parties have signed a non-disclosure agreement (“NDA”) that conflicts with this section, the NDA controls. Confidentiality obligations last for 3 years after the engagement ends, and for as long as the information remains a trade secret in the case of trade secrets.

8. AI-Assisted Work

We may use AI tools to research, analyze, and draft. A person reviews every deliverable before it is shared. Client Confidential Information is used only in AI tools whose terms do not allow the provider to train models on our inputs, or as the client approves in writing.

9. Independent Contractor; Non-Solicitation

9.1 Independent Contractor

RevGen AI is an independent contractor. Nothing in these Terms or any SOW creates an employment, partnership, joint venture, or agency relationship.

9.2 Non-Solicitation

During an engagement and for 12 months after it ends, neither party will directly solicit for employment the other party’s employees or subcontractors who worked on the engagement. General job postings not targeted at those individuals do not violate this section.

10. Disclaimers

11. Limitation of Liability

12. Indemnification

The client will defend and indemnify RevGen AI against third-party claims arising from materials the client provides, the client’s use of deliverables after acceptance, or the client’s violation of law.

RevGen AI will defend and indemnify the client against third-party claims that deliverables created by RevGen AI infringe a third party’s intellectual property rights, except where the claim arises from client materials or changes the client made to the deliverables.

13. Term and Termination

13.1 Term

These Terms apply for as long as you use the site or services.

13.2 Termination for Convenience

Either party may end an engagement for any reason with 30 days’ written notice, unless the SOW says otherwise.

13.3 Termination for Breach

Either party may terminate an engagement immediately if the other party materially breaches these Terms or the SOW and does not cure the breach within 15 days of written notice.

13.4 Effect of Termination

On termination, the client pays for work performed and approved expenses incurred through the termination date, and receives the deliverables that were completed and paid for.

13.5 Survival

Sections 5 through 7 and 9 through 15 survive termination.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Texas, excluding its conflict-of-law rules.

14.2 Informal Resolution

Before starting arbitration, the parties will try in good faith to resolve any dispute for 30 days after one party gives the other written notice of the dispute.

14.3 Arbitration

Any dispute not resolved informally will be settled by binding arbitration under the American Arbitration Association (AAA) Commercial Arbitration Rules, before a single arbitrator, in Travis County, Texas. Either party may instead bring a qualifying claim in small claims court, or seek injunctive relief in court to protect its intellectual property or Confidential Information.

14.4 Class Action Waiver

Claims must be brought individually, not as a plaintiff or class member in any class, collective, or representative proceeding.

15. General Provisions

• Entire agreement. These Terms, our Privacy Policy, and any signed SOW, MSA, or NDA are the entire agreement between the parties about their subject matter.
• Severability. If any provision is found unenforceable, the rest of these Terms remain in effect.
• No waiver. Failing to enforce a provision is not a waiver of the right to enforce it later.
• Assignment. Neither party may assign these Terms or an SOW without the other party’s consent, except to a successor in a merger or a sale of substantially all of its assets.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, such as natural disasters, outages, or government action. Payment obligations are not excused.
• Notices. Notices must be sent by email to mlmoreno@gmail.com or to the address stated in the SOW.
• Updates. We may change these Terms by posting a new version and updating the “Last Updated” date. Changes do not affect a signed SOW already in progress.

16. Contact Information

RevGen AI LLC
Attn: Legal, Michael Moreno, Founder
Email: mlmoreno@gmail.com
Website: getrevgen.com
Austin, Texas