Terms of Service

Last updated: January 13, 2026

1. Agreement to Terms

By accessing or using our website and services, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, then you may not access our services. These Terms apply to Next Shift Consulting and all AI consulting, machine learning, and data science services we provide.

2. Description of Services

Next Shift Consulting provides artificial intelligence consulting, machine learning model development, data science solutions, intelligent automation, and related technology services ("Services"). Our Services include but are not limited to:

• AI strategy consulting and roadmapping
• Machine learning model development and deployment
• Document intelligence and processing solutions
• Intelligent automation implementations
• Data science and analytics consulting
• AI training and educational services

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice.

3. User Accounts and Client Relationships

3.1 Account Creation

• You must provide accurate and complete information when creating an account
• You are responsible for maintaining the security of your account credentials
• You must notify us immediately of any unauthorized use of your account

3.2 Client Responsibilities

• You are responsible for all activities that occur under your account
• You may not share your account credentials with others
• You represent that you have authority to bind your organization to these Terms

4. Acceptable Use

4.1 Permitted Uses

You may use our Services for lawful business purposes in accordance with these Terms and applicable AI ethics guidelines.

4.2 Prohibited Activities

You may not:

• Use our Services for any illegal or unauthorized purpose
• Violate any applicable laws, regulations, or industry standards
• Use AI models or solutions for harmful, discriminatory, or unethical purposes
• Infringe upon the intellectual property rights of others
• Distribute spam, malware, or other harmful content
• Attempt to reverse engineer our proprietary AI models or algorithms
• Use our Services to develop competing AI consulting services
• Submit biased, discriminatory, or unethical training data
• Use our AI solutions for surveillance or privacy-invasive applications without proper consent

5. Intellectual Property and AI Models

5.1 Our Intellectual Property

All content on our website, including text, graphics, logos, images, software, AI models, algorithms, and methodologies, is our property or licensed to us and is protected by copyright, trade secret, and other intellectual property laws.

5.2 Client Data and Content

• You retain ownership of your data and content submitted to us
• By engaging our services, you grant us a limited license to use your data solely to provide agreed-upon Services
• We implement strict data protection measures and will not use your data for other clients or purposes
• You represent that you have the right to submit any data or content you provide

5.3 Custom AI Models

• Custom AI models developed specifically for your project are your property upon full payment
• We retain the right to use general methodologies, techniques, and non-client-specific knowledge
• Pre-existing AI frameworks, libraries, and general algorithms remain our property or that of their respective owners

5.4 Feedback and Improvements

Any feedback, suggestions, or ideas you provide may be used by us to improve our general Services without restriction or compensation, provided such use does not compromise your confidential information.

6. AI Consulting Service Terms

6.1 Project Scope and Deliverables

• All AI projects are governed by separate statements of work (SOW) or consulting agreements
• AI model performance targets are estimates based on initial data assessment
• Changes to project scope, data quality, or requirements may result in additional fees and timeline adjustments
• We do not guarantee specific AI model performance metrics unless explicitly stated in the SOW

6.2 Client Responsibilities

• Provide access to necessary data, systems, and subject matter experts
• Ensure data quality and completeness as reasonably possible
• Review and approve deliverables within specified timeframes
• Implement proper data governance and access controls
• Make timely payments as outlined in project agreements
• Provide feedback and participate in model validation processes

6.3 Data Handling and Security

• We implement industry-standard security measures for data protection
• Client data will be processed only as necessary to deliver agreed Services
• We will comply with applicable data protection regulations (GDPR, CCPA, etc.)
• Data retention and deletion policies are specified in individual project agreements

7. AI Model Performance and Limitations

7.1 Model Performance Disclaimers

• AI models are probabilistic and may not perform perfectly in all scenarios
• Model accuracy may degrade over time due to data drift or changing conditions
• We recommend ongoing monitoring and periodic model retraining
• Performance in production environments may differ from development environments

7.2 Bias and Fairness

• We implement best practices to minimize bias in AI models
• Clients are responsible for defining fairness criteria relevant to their use case
• Regular bias auditing and model fairness assessments are recommended
• We provide guidance on responsible AI deployment and monitoring

7.3 Human Oversight

• AI solutions are designed to augment human decision-making, not replace human judgment
• Clients maintain responsibility for final decisions based on AI recommendations
• We recommend implementing appropriate human oversight and review processes

8. Payment Terms

8.1 Fees and Payment Structure

• All fees are as specified in individual project agreements or SOWs
• AI consulting projects typically involve milestone-based payments
• Fees are non-refundable except as specifically stated in project agreements
• Late payments may be subject to interest charges and service suspension

8.2 Billing and Invoicing

• Invoices are sent via email with detailed project progress reports
• Payment is due within 30 days unless otherwise specified in the agreement
• We reserve the right to suspend services for non-payment after proper notice

9. Confidentiality and Non-Disclosure

9.1 Mutual Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the engagement, including:

• Business strategies and proprietary data
• AI model architectures and parameters
• Performance metrics and validation results
• Technical methodologies and approaches

9.2 Data Privacy

• We will not use client data for training models for other clients
• Client data will not be shared with third parties without explicit consent
• We maintain strict access controls and data segregation practices

10. Disclaimers and Warranties

10.1 Service Availability

• We strive for high availability but do not guarantee uninterrupted service
• Scheduled maintenance may temporarily affect service availability
• We are not liable for third-party service interruptions affecting cloud platforms or AI services

10.2 AI-Specific Disclaimers

• AI models are tools that assist decision-making but do not guarantee specific business outcomes
• Model predictions are based on historical data and may not accurately predict future events
• We do not warrant that AI solutions will be error-free or meet all performance expectations

10.3 General Warranty Disclaimer

OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HOWEVER, WE WARRANT THAT SERVICES WILL BE PERFORMED WITH PROFESSIONAL COMPETENCE CONSISTENT WITH INDUSTRY STANDARDS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability shall not exceed the amount paid by you for Services in the 12 months preceding the claim
• We shall not be liable for indirect, incidental, special, consequential, or punitive damages
• We are not liable for business decisions made based on AI model recommendations
• This limitation applies regardless of the theory of liability, including breach of contract, tort, or strict liability

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

• Your use of our AI solutions in violation of applicable laws or regulations
• Your violation of these Terms or any project agreement
• Decisions made based on AI model outputs without appropriate human oversight
• Your infringement of any third-party rights
• Misuse of AI solutions for discriminatory or harmful purposes

13. Regulatory Compliance and AI Ethics

13.1 Compliance Responsibilities

• Clients are responsible for ensuring their use of AI solutions complies with applicable regulations
• We provide guidance on AI governance and compliance best practices
• Specific compliance requirements should be discussed during project scoping

13.2 Ethical AI Use

• We are committed to responsible AI development and deployment
• Clients agree to use AI solutions ethically and in accordance with industry best practices
• We reserve the right to discontinue services if AI solutions are used for harmful purposes

14. Termination

14.1 Termination by Client

You may terminate ongoing services with 30 days written notice, subject to completion of current project milestones.

14.2 Termination by Next Shift Consulting

We may terminate or suspend services immediately for:

• Material violation of these Terms
• Non-payment of fees after proper notice
• Unethical use of AI solutions
• Any conduct that could harm our reputation or business

14.3 Effect of Termination

• You remain liable for all charges incurred before termination
• We will provide deliverables completed as of termination date
• Confidentiality obligations survive termination
• Data return or destruction procedures are specified in project agreements

15. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, wars, terrorism, government actions, pandemic-related restrictions, or technical failures of third-party AI platforms.

16. Dispute Resolution

16.1 Governing Law

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

16.2 Alternative Dispute Resolution

Any disputes arising from these Terms shall first be addressed through good faith negotiation. If unresolved, disputes may be resolved through binding arbitration in Madison, Wisconsin, in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

16.3 Class Action Waiver

You agree not to participate in any class action lawsuits against us related to AI consulting services.

17. General Provisions

17.1 Entire Agreement

These Terms, together with any executed project agreements or SOWs, constitute the entire agreement between you and us regarding our Services.

17.2 Modifications

We may update these Terms at any time with 30 days notice. Continued use of our Services after changes constitutes acceptance of the new Terms.

17.3 Severability

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

17.4 Assignment

You may not assign your rights under these Terms without our written consent. We may assign our rights with reasonable notice to you.

17.5 Independent Contractor

Next Shift Consulting operates as an independent contractor. These Terms do not create an employment, partnership, or joint venture relationship.

18. Contact Information

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

Next Shift Consulting
Email: inquiries@nextshiftconsulting.com
Address: Sun Prairie, WI 53590
Phone: (608) 616-0141

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These Terms of Service are effective as of the date listed above and will remain in effect until modified or terminated. We recommend that you review these Terms periodically for any updates.

Important Legal Notice: This document provides general terms for AI consulting services. Specific project terms, data handling procedures, model performance criteria, and deliverables are detailed in separate Statements of Work (SOW) or consulting agreements. Please consult with qualified legal counsel to ensure these terms meet your specific business requirements and comply with applicable regulations in your jurisdiction.

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Next Shift Consulting: Responsible AI solutions for business transformation.