Terms of Service

Durk AI is a professional services company specializing in artificial intelligence and digital infrastructure consulting. Our services include, but are not limited to:

• AI Training: hands-on workshops, team training programs, and customized AI literacy curriculum development for businesses.
• AI Operations: workflow automation, AI tool integration, process optimization, and intelligent system implementation.
• Digital Infrastructure: website development, application architecture, systems integration, cloud infrastructure setup, and technical consulting.
• Growth Systems: marketing automation, analytics implementation, conversion optimization, and data-driven growth strategy.

To enable Durk AI to perform its services effectively, you agree to:

• Provide timely and accurate information, materials, access, and feedback as reasonably required for the engagement.
• Designate a primary point of contact who has the authority to make decisions and provide approvals on behalf of your organization.
• Review and respond to deliverables, communications, and approval requests within the timelines specified in the applicable Service Agreement.
• Ensure that all content, materials, and data you provide to Durk AI do not infringe upon the intellectual property rights of any third party.
• Comply with all applicable laws and regulations in connection with your use of our services and deliverables.

Payment terms:

• Invoices are issued according to the schedule specified in the Service Agreement (e.g., upon execution, at milestones, or on a recurring basis).
• Payment is due within 15 days of invoice date unless otherwise specified in the Service Agreement.
• We accept payment via credit card, debit card, ACH bank transfer, and wire transfer. Credit and debit card payments are processed securely through Stripe, Inc., our third-party payment processor.
• Late payments may incur a late fee of 1.5% per month (or the maximum rate permitted by law, whichever is less) on the outstanding balance.
• If payment is more than 30 days past due, Durk AI reserves the right to suspend work on the engagement until the account is brought current.
• All fees paid are non-refundable except as expressly stated in the applicable Service Agreement or as required by law.

General guidelines:

• Pre-engagement deposits: refundability is specified in the applicable Service Agreement. Deposits typically secure project scheduling and resource allocation.
• Work completed: fees for services already performed and deliverables already provided are non-refundable.
• Work not yet started: if you cancel before work has commenced on a phase or milestone, you may be entitled to a refund for that phase as specified in your Service Agreement.
• Early termination: either party may terminate an engagement as specified in the Service Agreement. Upon termination, the Client is responsible for payment of all services rendered and expenses incurred through the effective date of termination.
• Disputes: if you believe a billing error has occurred, contact us at help@durk.ai within 30 days of the invoice date. We will investigate and resolve the issue promptly.

Intellectual property rights are allocated as follows:

• Client deliverables: upon full payment, ownership of custom deliverables created specifically for the Client (such as custom code, designs, and content) transfers to the Client as specified in the applicable Service Agreement.
• Pre-existing materials: each party retains ownership of its pre-existing intellectual property. Durk AI retains ownership of its proprietary tools, frameworks, templates, methodologies, and general know-how, including any improvements made during an engagement.
• License to pre-existing materials: where Durk AI's pre-existing materials are incorporated into Client deliverables, the Client receives a non-exclusive, perpetual, royalty-free license to use those materials as part of the deliverables.
• Website content: all content, design, code, graphics, logos, and other materials on the Durk AI website are the property of Durk Enterprises LLC and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from our website content without prior written consent.
• Feedback: any suggestions, ideas, or feedback you provide to Durk AI may be used by us without restriction or obligation to you.

Obligations:

• Confidential information shall be used solely for the purpose of fulfilling obligations under the applicable Service Agreement.
• Neither party shall disclose confidential information to any third party without prior written consent, except to employees, contractors, or advisors who need to know such information and are bound by confidentiality obligations at least as restrictive as those in these Terms.
• These confidentiality obligations do not apply to information that is publicly available, independently developed, rightfully received from a third party without restriction, or required to be disclosed by law or court order.
• Confidentiality obligations survive termination of any engagement for a period of 3 years.

Termination provisions:

• Either party may terminate a Service Agreement as specified in that agreement.
• Durk AI may suspend or terminate your access to the Site at any time, without notice, for conduct that violates these Terms or is harmful to other users, us, or third parties, or for any other reason at our sole discretion.
• Upon termination of a Service Agreement, Durk AI will deliver all completed deliverables and work in progress as specified in the Service Agreement, subject to full payment of fees owed.
• Sections of these Terms that by their nature should survive termination (including but not limited to intellectual property, confidentiality, limitation of liability, indemnification, and governing law) shall survive.

When using the Site, you agree not to:

• Use the Site for any unlawful purpose or in violation of any applicable local, state, national, or international law.
• Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site.
• Interfere with or disrupt the Site or servers or networks connected to the Site.
• Use any robot, spider, scraper, or other automated means to access the Site without our prior written permission.
• Transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature.
• Submit false, misleading, or fraudulent information through any form on the Site.

• Arbitration: disputes may be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Erie County, New York, and the decision of the arbitrator shall be final and binding.
• Litigation: alternatively, either party may bring a claim in the state or federal courts located in Erie County, New York. Each party consents to the exclusive jurisdiction and venue of such courts.
• Class action waiver: you agree that any dispute resolution proceeding will be conducted on an individual basis and not as a class action, consolidated action, or representative action.

• Entire agreement: these Terms, together with any applicable Service Agreements and our Privacy Policy, constitute the entire agreement between you and Durk AI regarding the subject matter hereof and supersede all prior agreements and understandings.
• Severability: if any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
• Waiver: Durk AI's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: you may not assign or transfer these Terms without Durk AI's prior written consent. Durk AI may assign these Terms without restriction.
• Notices: all notices required or permitted under these Terms shall be in writing and sent to the applicable party's address or email on record. Notices to Durk AI should be sent to help@durk.ai.
• Independent contractors: the relationship between Durk AI and the Client is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

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

• Email: help@durk.ai
• Company: Durk Enterprises LLC
• Address: 1309 Coffeen Avenue STE 1200, Sheridan, Wyoming 82801, United States