Terms & Conditions

These Terms and Conditions ('Terms,' 'Agreement') govern your access to and use of the website located at www.anwartekcon.com (the 'Website') and the artificial intelligence consulting services ('Services') provided by Anwar TekCon ('Company,' 'we,' 'our,' or 'us'), a business located in Doral, Florida, United States.

By accessing our Website, engaging our Services, or entering into a consulting agreement with us, you ('Client,' 'you,' or 'your') acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.

Anwar TekCon provides artificial intelligence consulting services, which may include but are not limited to:

• AI strategy development and advisory
• Machine learning model development and optimization
• AI implementation and integration consulting
• Data analysis and insights
• AI training and education
• Technical feasibility assessments
• AI governance and ethics consulting
• Custom AI solution design and development

3.1 Scope of Work

Each consulting engagement will be governed by a specific Service Agreement that details the scope of work, deliverables, timelines, fees, and payment terms. Service Agreements incorporate these Terms by reference.

3.2 Changes to Scope

Any changes to the agreed-upon scope of work must be documented in writing and signed by both parties. Additional work outside the original scope may result in additional fees.

3.3 Client Responsibilities

Clients are responsible for:

• Providing accurate, complete, and timely information necessary for service delivery
• Granting appropriate access to systems, data, and personnel as needed
• Reviewing and providing feedback on deliverables within agreed timeframes
• Complying with all applicable laws and regulations
• Maintaining confidentiality of any proprietary methodologies or tools provided

4.1 Pricing

Service fees will be specified in the applicable Service Agreement. Fees may be structured as:

• Fixed project fees
• Hourly or daily rates
• Retainer arrangements
• Milestone-based payments
• Combination of the above

4.2 Payment Terms

Unless otherwise specified in a Service Agreement:

• Invoices are due within thirty (30) days of the invoice date
• Late payments may incur interest at a rate of 1.5% per month or the maximum allowed by law, whichever is lower
• We reserve the right to suspend services for accounts with overdue balances exceeding thirty (30) days

4.3 Expenses

Unless otherwise agreed, clients will reimburse reasonable, pre-approved expenses incurred in connection with service delivery, including travel, software licenses, third-party services, and other necessary costs.

4.4 Taxes

All fees are exclusive of applicable federal, state, and local taxes, which will be added to invoices as required by law.

5.1 Company Property

All methodologies, frameworks, tools, templates, pre-existing materials, and general knowledge used or developed by the Company remain the exclusive property of the Company. This includes:

• Proprietary AI models and algorithms developed independently
• Consulting methodologies and frameworks
• Software tools and platforms
• Training materials and documentation

5.2 Client-Specific Deliverables

Upon full payment, the Client will own the specific deliverables created exclusively for the Client as outlined in the Service Agreement, excluding any Company Property incorporated therein, which is licensed to the Client for use as intended.

5.3 Client Data and Materials

The Client retains all rights to data, information, and materials provided to the Company. The Client grants the Company a limited, non-exclusive license to use such materials solely for the purpose of providing the Services.

5.4 Portfolio and Marketing Rights

The Company may include general descriptions of work performed in portfolios, case studies, and marketing materials, provided that confidential information is not disclosed without prior written consent.

6.1 Confidential Information

Each party acknowledges that it may have access to confidential and proprietary information of the other party, including but not limited to business strategies, technical data, customer information, financial information, and trade secrets ('Confidential Information').

6.2 Obligations

Both parties agree to:

• Maintain the confidentiality of all Confidential Information
• Use Confidential Information solely for the purpose of fulfilling obligations under the Service Agreement
• Limit disclosure to employees and contractors with a legitimate need to know
• Implement reasonable security measures to protect Confidential Information
• Return or destroy Confidential Information upon request or termination of the engagement

6.3 Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no breach of this Agreement
• Was rightfully known prior to disclosure
• Is independently developed without use of Confidential Information
• Is required to be disclosed by law or court order

6.4 Duration

Confidentiality obligations survive termination of the Service Agreement for a period of three (3) years, or longer if specified in a separate non-disclosure agreement.

7.1 Company Warranties

We warrant that:

• Services will be performed in a professional and workmanlike manner
• We have the necessary skills, qualifications, and experience to provide the Services
• Services will be performed in compliance with applicable laws
• We have the right to enter into Service Agreements and deliver the Services

7.2 AI-Specific Disclaimers

IMPORTANT AI DISCLAIMERS:

• No Guarantees of Outcomes: AI and machine learning technologies are inherently probabilistic and experimental. We do not guarantee specific results, accuracy levels, or performance metrics unless explicitly stated in writing.
• Model Performance: AI model performance may vary based on data quality, environmental factors, and changing conditions. Past performance does not guarantee future results.
• Bias and Fairness: While we strive to develop fair and unbiased AI systems, we cannot guarantee that AI models will be free from all biases or comply with all interpretations of fairness.
• Evolving Technology: AI technology and best practices evolve rapidly. Recommendations and implementations are based on current knowledge and industry standards at the time of delivery.

7.3 General Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE.'

7.4 Third-Party Services and Tools

We may recommend or utilize third-party services, platforms, or tools. We do not warrant or guarantee the performance, availability, or suitability of third-party services and are not responsible for their failures or defects.

7.5 Advisory Nature of Services

Our Services are advisory in nature. The Client is solely responsible for all decisions made based on our recommendations and for the implementation, operation, and results of any AI systems or strategies.

8.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR:

• INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES
• DAMAGES ARISING FROM THIRD-PARTY CLAIMS

8.2 Maximum Liability

THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ANY SERVICE AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $10,000, WHICHEVER IS GREATER.

8.3 Basis of the Bargain

The parties acknowledge that the limitations of liability set forth in this section are fundamental elements of the basis of the bargain between the parties and that the Company would not provide Services without such limitations.

8.4 Exceptions

Nothing in these Terms limits liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Gross negligence or willful misconduct
• Breach of confidentiality obligations
• Matters that cannot be limited by applicable law

9.1 Client Indemnification

Client agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Client's breach of these Terms or any Service Agreement
• Client's use or misuse of deliverables or Services
• Client's violation of applicable laws or regulations
• Claims that Client's data or materials infringe third-party rights
• Implementation decisions made by Client based on Company recommendations

9.2 Company Indemnification

Company agrees to indemnify Client from third-party claims that Services or deliverables infringe third-party intellectual property rights, provided that:

• Client promptly notifies Company of the claim
• Company has sole control of the defense and settlement
• Client provides reasonable assistance in the defense

10.1 Term

These Terms remain effective until terminated. Individual Service Agreements will specify their respective terms and conditions.

10.2 Termination for Convenience

Either party may terminate a Service Agreement for convenience with thirty (30) days' written notice, unless otherwise specified in the Service Agreement. Client remains obligated to pay for:

• All services performed up to the termination date
• Non-cancellable commitments made on Client's behalf
• Expenses incurred prior to termination

10.3 Termination for Cause

Either party may terminate immediately upon written notice if the other party:

• Materially breaches these Terms or a Service Agreement and fails to cure within fifteen (15) days of written notice
• Becomes insolvent or files for bankruptcy
• Engages in illegal activities related to the Services

10.4 Effect of Termination

Upon termination:

• All outstanding fees become immediately due and payable
• Each party will return or destroy Confidential Information
• Client's license to use Company Property terminates
• Provisions that by their nature should survive will continue to apply

11.1 Data Processing

When processing personal data on behalf of Client, Company will comply with applicable data protection laws, including GDPR, CCPA, and Florida data protection regulations.

11.2 Data Security

Company implements appropriate technical and organizational measures to protect Client data against unauthorized access, loss, or destruction.

11.3 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, available at /legal/privacy-policy.

11.4 Data Processing Agreement

For engagements involving significant personal data processing, the parties may execute a separate Data Processing Agreement.

12.1 Client Representations

Client represents and warrants that:

• Client has the authority to enter into Service Agreements
• All information provided to Company is accurate and complete
• Client's use of Services complies with all applicable laws
• Client owns or has rights to all data and materials provided
• Client will use Services and deliverables in a lawful and ethical manner

12.2 Regulatory Compliance

Client is responsible for ensuring that AI implementations comply with all applicable industry regulations, including but not limited to healthcare (HIPAA), financial services (SOX, GLBA), and sector-specific AI regulations.

12.3 Ethical AI Use

Client agrees to use AI systems responsibly and ethically, including:

• Implementing appropriate human oversight
• Monitoring for bias and fairness issues
• Providing transparency to end users where required
• Respecting privacy and data protection principles

Neither party shall be liable for failure or delay in performance due to causes beyond their reasonable control, including but not limited to:

• Acts of God, natural disasters, or pandemics
• War, terrorism, or civil unrest
• Government actions or regulations
• Labor strikes or disputes
• Internet or telecommunications failures
• Cyberattacks or security incidents

Company is an independent contractor, not an employee, agent, partner, or joint venturer of Client. Company maintains control over the methods and means of providing Services. This Agreement does not create any employment relationship, partnership, or agency relationship between the parties.

15.1 Negotiation

In the event of any dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation between senior representatives of each party.

15.2 Mediation

If negotiation fails to resolve the dispute within thirty (30) days, the parties agree to submit the dispute to non-binding mediation before a mutually agreed mediator in Miami-Dade County, Florida.

15.3 Arbitration

If mediation fails to resolve the dispute within sixty (60) days, either party may initiate binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Arbitration will be conducted in Miami-Dade County, Florida, before a single arbitrator with experience in technology and consulting disputes.

15.4 Exceptions

Either party may seek injunctive relief in court to protect intellectual property rights or confidential information without first engaging in mediation or arbitration.

These Terms and all Service Agreements shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Any legal action not subject to arbitration must be brought in the state or federal courts located in Miami-Dade County, Florida, and the parties consent to the exclusive jurisdiction of such courts.

17.1 Entire Agreement

These Terms, together with any Service Agreements and incorporated documents, constitute the entire agreement between the parties and supersede all prior agreements and understandings, whether written or oral.

17.2 Amendments

We may modify these Terms at any time by posting updated Terms on our Website. Material changes will be notified to active clients. Continued use of Services after changes constitutes acceptance. Service Agreement amendments require written agreement from both parties.

17.3 Waiver

No waiver of any provision of these Terms shall be deemed a waiver of any other provision or a continuing waiver. Failure to enforce any right or provision does not constitute a waiver of that right or provision.

17.4 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Invalid provisions will be modified to the minimum extent necessary to make them valid and enforceable.

17.5 Assignment

Client may not assign or transfer rights or obligations under these Terms or any Service Agreement without Company's prior written consent. Company may assign these Terms in connection with a merger, acquisition, or sale of substantially all assets.

17.6 Notices

All notices under these Terms must be in writing and delivered via email with confirmation of receipt, certified mail, or courier service to the addresses specified in the Service Agreement or as updated by either party.

17.7 Survival

Provisions that by their nature should survive termination will survive, including but not limited to intellectual property rights, confidentiality, warranties, disclaimers, limitations of liability, indemnification, and dispute resolution provisions.

17.8 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

17.9 Language

These Terms are drafted in English. Any translation is provided for convenience only. In case of conflict, the English version prevails.

18.1 License to Use Website

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Website for lawful purposes.

18.2 Prohibited Activities

You agree not to:

• Use the Website in any unlawful manner or for fraudulent purposes
• Attempt to gain unauthorized access to systems or networks
• Interfere with or disrupt the Website or servers
• Transmit viruses, malware, or harmful code
• Scrape, copy, or extract data through automated means without permission
• Impersonate another person or entity
• Violate intellectual property rights
• Engage in any activity that could damage our reputation

18.3 Website Availability

We do not guarantee that the Website will be available at all times or error-free. We may suspend or discontinue the Website without notice for maintenance, upgrades, or other reasons.

18.4 User Content

If you submit any content through the Website (inquiries, feedback, etc.), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content for business purposes.