Terms of Service
Last updated: September 2026 · Effective date: September 2026
1. Acceptance & Scope
These Terms of Service ("Terms") govern (a) use of the Acquify Co. website, and (b) delivery of Acquify's consulting, AI Operating System installation, and ongoing partnership services (together, the "Services") to any business that engages Acquify ("Client," "you"). "Acquify Co.," "Acquify," "we," and "us" refer to Acquify LLC, a Puerto Rico limited liability company doing business as Acquify Co.
Services are engaged under a separate Statement of Work, Order Form, or signed proposal ("Order Form") specifying scope, price, payment schedule, and term. These Terms are incorporated by reference into every Order Form. Where an Order Form and these Terms conflict for that engagement, the Order Form governs.
By using the website, booking a diagnostic, or signing an Order Form, you agree to these Terms.
2. Eligibility & Client Representations
Acquify serves businesses, not consumers. By engaging Acquify you represent that: you are acting on behalf of a business with authority to bind it; you are at least 18 years old; and the individual present on any diagnostic or strategy call is an owner, founder, or officer with decision-making authority.
3. The Services
Acquify provides technology consulting and AI-enabled business-systems installation and management, delivered across three service lines: (a) AI Strategy & Consulting (diagnostic audits and roadmaps); (b) AI Operating Systems (design and installation of automated business systems, "Installations"); and (c) Ongoing Optimizations (a recurring "Partnership" that operates, improves, and extends an installed system).
The specific deliverables, price, timeline, and any performance guarantee for a given engagement are stated exclusively in the applicable Order Form — not in these Terms, on the website, or in any sales conversation.
Acquify does not resell third-party software. Where Client's systems require a third-party platform (CRM, payment processor, hosting, communications, or similar), Client procures and owns that subscription directly; Acquify configures and integrates it as part of the Services (Section 9).
4. Diagnostics, Scheduling, Cancellation & Communications
Diagnostic and strategy calls require accurate contact and business information. Acquify may reschedule or decline a diagnostic where the qualification criteria in Section 2 are not met. Either party may reschedule a confirmed session with reasonable notice; repeated no-shows may result in forfeiture of a scheduled slot.
By submitting our website opt-in/application form, you agree to receive communications from Acquify related to your inquiry — by both email and SMS (text message) — including confirmations, appointment reminders, and marketing updates, as described in the Privacy Policy's "Email & Text Message (SMS) Communications" section.
5. Fees, Billing & Payment
5.1 Installations are billed per the Order Form's payment schedule (typically a deposit at commencement and a balance at handover). Work does not begin, and a delivery slot is not reserved, until the deposit is received.
5.2 Partnership services are billed monthly in advance, on a fixed date, via an active payment authorization (direct debit or card on file) that Client authorizes at commencement. Partnership services will not commence, and will be suspended, without a valid active authorization.
5.3 Minimum terms. Partnership tiers carry a minimum term stated in the Order Form. Cancelling before the minimum term ends obligates Client to pay the remaining minimum-term fees, except where Acquify terminates for convenience or Client terminates for Acquify's uncured material breach (Section 14).
5.4 Non-payment. A failed payment may be retried automatically and Client notified in writing. Acquify may suspend Services after 7 days' written notice of an unresolved payment failure and may terminate the engagement after 14 days'. Suspension does not relieve Client of amounts owed.
5.5 All fees are in U.S. dollars, exclusive of applicable taxes, and non-refundable except as expressly stated in the Order Form's guarantee terms, if any.
5.6 Acquify may revise its standard pricing for future engagements at any time; a price change never applies retroactively to a signed Order Form or during its committed term.
6. Intellectual Property
6.1 Acquify IP. Acquify retains all right, title, and interest in its pre-existing and independently developed software, automation workflows, prompt libraries, templates, methodologies, documentation, and know-how (including the Engine Library and related tooling, together "Acquify IP"), including any generalized improvement made while performing the Services. Nothing in an engagement transfers ownership of Acquify IP.
6.2 License to Client. Upon full payment for an Installation, Acquify grants Client a perpetual, non-exclusive, non-transferable, royalty-free license to use the installed system, as configured for Client, solely for Client's own internal business operations. This license does not permit Client to resell, sublicense, reverse-engineer for competitive purposes, or repackage the system as its own product or service offering.
6.3 Client Data & Materials. Client retains all ownership of its pre-existing data, trademarks, brand assets, business records, and any content it supplies ("Client Materials"). Acquify claims no ownership interest in Client Materials and uses them only to perform the Services.
6.4 Deliverables. Reports, roadmaps, and other work product prepared specifically for Client ("Deliverables") are owned by Client on full payment, except that any Acquify IP embedded in a Deliverable remains Acquify IP and is licensed to Client, as part of the Deliverable, for Client's internal use.
6.5 Feedback & de-identified learnings. Acquify may use feedback Client provides, and anonymized, aggregated operational learnings from performing the Services (containing no Client Materials, confidential information, or information identifying Client or its customers), to improve the Engine Library and Acquify's general service offering.
6.6 No obligation to build bespoke IP. Acquify is under no obligation to accept an engagement requiring transfer of Acquify IP, or requiring Acquify to build outside its standard Engine Library; where it does, ownership terms are negotiated separately in the Order Form.
7. Confidentiality
Each party will protect the other's non-public business, technical, and financial information ("Confidential Information") disclosed in connection with the Services, using at least the same care it uses for its own confidential information and no less than reasonable care. Confidential Information excludes information that is or becomes public without breach, was already known to the receiving party without a duty of confidence, or is independently developed. A party may disclose Confidential Information where compelled by law, after giving the other party notice where legally permitted. This Section survives termination for five (5) years, and indefinitely for information that constitutes a trade secret under applicable law.
8. Client Data — Processing & Security
8.1 Where Acquify processes personal or business information belonging to Client's own customers or business ("Client Data") to perform the Services, Acquify acts as a service provider/processor and Client remains responsible for the lawfulness of the data it provides and its own compliance obligations — including any applicable to operating in a regulated industry.
8.2 Acquify implements administrative, technical, and organizational safeguards appropriate to the sensitivity of Client Data, consistent with Acquify's internal security standards, and will not use Client Data for any purpose outside performing the Services except as permitted under Section 6.5.
8.3 Acquify will notify Client without undue delay after confirming a security incident involving Client Data, and will reasonably cooperate with Client's own notification obligations.
8.4 A separate Data Processing Addendum, available on request, governs the details of sub-processing, cross-border transfer, and data-subject request handling for engagements involving regulated or higher-sensitivity data.
8.5 On termination, Acquify will, within 30 days, and except where a legal or contractual retention obligation requires otherwise: transfer or delete Client Data from Acquify-controlled environments, rotate any credentials shared during the engagement, and confirm completion in writing.
9. Third-Party Platforms, Integrations & AI Systems
9.1 Client-owned tools. Acquify does not resell software. Any CRM, payment processor, hosting provider, communications tool, or similar platform used to operate an installed system is procured and owned by Client — or, where Acquify hosts on Client's behalf under the Order Form, disclosed as such. Acquify is not responsible for the pricing, availability, security practices, or policy changes of a third-party platform it does not own or operate.
9.2 AI systems. The Services use artificial intelligence and large-language-model tools, operated by Acquify or by third-party providers (including model providers and AI-enabled features embedded in connected platforms), to draft content, analyze data, and automate workflows. AI-generated output is not guaranteed to be accurate, complete, or free of error. Acquify reviews material AI-generated outputs before they are relied upon or delivered to Client, but Client is responsible for its own independent review before using AI-assisted output for a regulated, financial, legal, or otherwise consequential decision.
9.3 Acquify uses commercial/business-tier AI providers and does not submit Client Data to consumer-tier AI tools. The data-handling terms of Acquify's AI and platform providers are described in the Privacy Policy and, where applicable, the Data Processing Addendum.
9.4 Acquify may modify, replace, or discontinue a third-party integration or AI provider used in delivering the Services where necessary for security, cost, or availability, and will use reasonable efforts to preserve equivalent functionality.
10. Client Responsibilities
Client agrees to: provide timely, accurate access to the data, systems, and personnel reasonably required to perform the Services; designate a point of contact with authority to approve scope and sign off on deliverables; maintain reasonable security practices on its own systems (multi-factor authentication, prompt removal of departed staff, no shared logins) and promptly report any suspected security incident to Acquify; independently review any AI-assisted or automated output before relying on it for a decision affecting Client's customers, employees, or regulatory obligations; and remain solely responsible for Client's own compliance with laws applicable to its business and industry.
11. Performance; No Guarantee of Results
Acquify performs the Services using professional skill and the standard of care customary in the industry. Except for a specific, written guarantee stated in the applicable Order Form, Acquify makes no guarantee of any particular financial outcome, revenue increase, cost saving, lead volume, or other business result, which depend on factors outside Acquify's control, including Client's own execution, market conditions, and third-party platform performance.
Where an Order Form includes an Installation guarantee, the standard remedy is additional Acquify service time and/or rework at no extra charge until the agreed outcome is met. A monetary refund is provided only if both parties separately agree to one in writing — it is not the default remedy.
12. Disclaimers
THE SERVICES AND ANY DELIVERABLES ARE PROVIDED "AS IS." EXCEPT AS EXPRESSLY STATED IN AN ORDER FORM, ACQUIFY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. Limitation of Liability
13.1 Neither party is liable to the other for indirect, incidental, consequential, special, or punitive damages, or for lost profits or lost data, even if advised of the possibility.
13.2 Except for (a) a party's breach of Section 7 (Confidentiality), (b) a party's indemnification obligations under Section 15, or (c) a party's gross negligence or willful misconduct, each party's total liability arising from an engagement is capped at the total fees paid by Client to Acquify under the applicable Order Form in the twelve (12) months preceding the claim.
13.3 Nothing in these Terms limits liability that cannot be limited under applicable law.
14. Term & Termination
14.1 These Terms remain in effect for as long as Client uses the website or has an active Order Form.
14.2 Either party may terminate an Order Form for the other's uncured material breach on 15 days' written notice and opportunity to cure.
14.3 Termination of a Partnership before its minimum term is subject to Section 5.3.
14.4 On termination of an engagement, Section 8.5 (data return/deletion) applies. The perpetual license granted under Section 6.2 for a fully paid Installation survives termination of any subsequent Partnership. Sections 6, 7, 12, 13, 16, and 17 survive any termination.
15. Indemnification
Each party will indemnify the other against third-party claims arising from (a) the indemnifying party's breach of Section 7, or (b) the indemnifying party's gross negligence or willful misconduct — in each case limited to direct damages awarded and reasonable legal fees, and subject to the cap in Section 13.2, except that a claim arising from infringement by Acquify's own Acquify IP as delivered is not subject to that cap.
16. General
16.1 Governing law & venue. These Terms are governed by the laws of the Commonwealth of Puerto Rico, without regard to conflict-of-law rules. Before either party files a lawsuit, the parties will first attempt in good faith to resolve the dispute through informal negotiation for at least 30 days. If not resolved, either party may proceed to the courts located in Puerto Rico, whose jurisdiction the parties consent to.
16.2 Force majeure. Neither party is liable for delay caused by circumstances beyond its reasonable control.
16.3 Assignment. Neither party may assign these Terms without the other's consent, except to a successor in a merger, acquisition, or sale of substantially all assets.
16.4 Subcontractors. Acquify may use independent contractors to perform the Services, bound by confidentiality obligations at least as protective as Section 7.
16.5 Non-solicitation. During an engagement and for 12 months after, neither party will directly solicit for hire the other's personnel or contractors substantially involved in the engagement, without consent.
16.6 Entire agreement; amendment. These Terms and the applicable Order Form are the entire agreement between the parties on their subject matter. Acquify may update these Terms for future website use or new engagements by posting a revised version with a new effective date; changes do not apply retroactively to a signed Order Form's term.
16.7 Severability; waiver. If a provision is unenforceable, the rest remains in effect. No waiver is effective unless in writing.
16.8 Notices. Legal notices to Acquify: legal@acquify.co, Acquify LLC. Notices to Client: the contact designated in the Order Form.
17. Contact
Questions about these Terms: legal@acquify.co · 939-305-3802 · Puerto Rico.
