Process Rescue Session: Service Agreement and Cancellation Terms

Plain-language summary (for the booking page)

SERVICE AGREEMENT

This Service Agreement (the "Agreement") is between iNGEN Enterprises Solutions LLC, a Texas limited liability company based in Frisco, Texas ("iNGEN," "we," "us"), and the person or business booking the Session ("Client," "you"). It starts on the date Client accepts it, by signing below or by checking the acceptance box when booking (the "Effective Date").

1. The Service

1.1 Process Rescue Session. iNGEN will lead one live video session of up to 90 minutes (the "Session") with up to 4 Client participants. The Session follows iNGEN's five-question method: the real problem, success and needs, scope, the current process, and ownership.

1.2 Fix Plan. Within 2 business days after the Session, iNGEN will deliver a one-page written plan (the "Fix Plan") by email. "Business day" means Monday through Friday, except U.S. federal holidays. The 2 business days start the day after the Session. If the Session happens late in the day or Client has not provided information iNGEN asked for, the period is extended by the delay.

1.3 One round of clarification. Client may ask for clarifying edits to the Fix Plan once, within 5 business days after delivery. Larger changes, new analysis or additional sessions are outside this Agreement and need a separate written agreement and fee.

1.4 Video only. The Session is delivered by video conference. iNGEN chooses the platform and will send the link after booking.

1.5 What the Service is not. The Session and Fix Plan do not include building, buying, installing or configuring any software or AI tool; project management; implementation; or ongoing support. Any further work requires a separate written agreement.

2. Fees, Payment and Credit

2.1 Fee. The fee is $400 (US dollars), due in full at booking. Taxes, if any apply, are added at checkout.

2.2 Credit. If, within 30 days after the Session date, Client signs a written agreement with iNGEN for a paid engagement (a "Follow-On Engagement"), iNGEN will credit the $400 against the first invoice of that engagement. The credit applies once, has no cash value, is not transferable, and expires after 30 days. The credit does not apply to retainers, recurring fees or third-party costs.

2.3 Chargebacks. If Client disputes a charge with its bank or card company without first contacting iNGEN to resolve it, iNGEN may suspend further services until the dispute is resolved.

3. Scheduling, Cancellation, Rescheduling and Refunds

3.1 Cancel or reschedule by Client, 48 hours or more before the Session. Client may reschedule at no charge, or cancel and receive a full refund of the fee. Notice must be given by email to jesus [at] ingenenterprises.com or through the booking link. Refunds are issued to the original payment method within 10 business days.

3.2 Less than 48 hours' notice, or no-show. If Client cancels or reschedules with less than 48 hours' notice, or does not attend, the fee is not refunded. iNGEN will, one time only, rebook the Session at no additional charge if Client asks within 10 days. After that, the fee is forfeited.

3.3 Late arrival. The Session starts and ends on schedule. If Client's participants arrive more than 15 minutes late, the Session will be shortened and the fee is not reduced. iNGEN may reschedule instead, at its option, if the delay makes the Session unworkable.

3.4 Cancellation or rescheduling by iNGEN. If iNGEN must cancel or move the Session (for example, due to illness, emergency or technology failure), iNGEN will offer a new date within 14 days. If Client cannot accept any offered date, Client may choose a full refund.

3.5 Technology problems. If the video connection fails for more than 15 minutes for reasons outside Client's control, the Session will be continued or rescheduled at no charge.

3.6 After the Session. Once the Session has taken place and the Fix Plan has been delivered, the fee is non-refundable, except if iNGEN fails to deliver the Fix Plan within the period in Section 1.2 and does not cure within 3 business days after Client's written notice. In that case Client may ask for a refund of the fee.

4. What We Need From You

4.1 Client will complete the prework form before the Session, make the right people available (including at least one person who does the work being discussed), and give accurate information.

4.2 Client will not share customer personal data, health information, payment card numbers, passwords or other regulated or highly sensitive information before or during the Session. If Client shares it anyway, Client is responsible for having the legal right to do so.

4.3 Client decides whether and how to use the Fix Plan. Client is responsible for its own business decisions.

5. No Guarantee; Nature of the Advice

5.1 iNGEN provides business process guidance based on its experience. iNGEN does not guarantee any result, including any saving, revenue, productivity gain, project success, or successful use of any technology. Results depend on many factors outside iNGEN's control, including Client's decisions and actions.

5.2 iNGEN does not provide legal, tax, accounting, financial, investment, employment, medical or regulatory-compliance advice. Client should consult qualified professionals on those matters.

5.3 Any examples, estimates, or references to other organizations are for illustration only.

6. Confidentiality

6.1 "Confidential Information" means non-public information that Client shares in connection with the Service and that is marked confidential or would reasonably be understood to be confidential, including business data, process details, and the Fix Plan. It does not include information that is public, already known to iNGEN, independently developed, or rightfully received from a third party.

6.2 iNGEN will use Confidential Information only to provide the Service, will protect it with at least reasonable care, and will not disclose it except to its employees, contractors and professional advisers who need to know it and are bound by confidentiality duties, or as required by law. If legally required to disclose, iNGEN will give Client prompt notice when allowed.

6.3 These duties last for 3 years after the Session. Duties for trade secrets last as long as they remain trade secrets.

7. Use of AI Tools and Data Handling

7.1 iNGEN may use AI tools to help prepare for the Session, organize notes and draft the Fix Plan. A person at iNGEN reviews the Fix Plan before delivery. iNGEN is responsible for the Fix Plan it delivers.

7.2 iNGEN will not knowingly enter Client's Confidential Information into an AI tool or service unless that tool's terms and settings protect the information consistent with Section 6 (for example, by not using inputs to train public models).

7.3 iNGEN does not record the Session without Client's advance consent. If recording is agreed, Client is responsible for getting any consent its own participants need. iNGEN keeps its Session notes and the Fix Plan for 2 years, then deletes them unless the law requires otherwise or Client asks for earlier deletion.

8. Ownership and Use

8.1 Client's materials. Client keeps all rights in the materials and information it provides.

8.2 The Fix Plan. Once Client pays the fee, Client may use, copy and share the Fix Plan inside its own organization for its internal business purposes.

8.3 iNGEN's methods. iNGEN keeps all rights in its methods, exercises, templates, worksheets, checklists, agendas, trademarks (including Human-Centered AI Enterprise™) and general know-how, including anything developed before or apart from this Agreement. Client may not resell or republish them or present them as its own.

8.4 Use of Client's name. iNGEN will not use Client's name, logo, results or story in marketing, videos or social media without Client's written permission for that specific use. Client may withdraw permission in writing at any time for future use. iNGEN may keep and use general lessons learned that do not identify Client or reveal Confidential Information.

9. Limits on Liability

9.1 To the fullest extent the law allows, iNGEN is not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, savings, data or goodwill, even if told they might occur.

9.2 To the fullest extent the law allows, iNGEN's total liability under or related to this Agreement is limited to the fee Client actually paid for the Session.

9.3 These limits do not apply to liability that cannot be limited by law, including for fraud or willful misconduct.

9.4 Client is responsible for the accuracy of what it tells us and for its own decisions. Client will indemnify iNGEN against third-party claims arising from information Client provided without the right to do so.

10. Term and Ending Early

10.1 This Agreement lasts until the Fix Plan is delivered and any clarification round under Section 1.3 is complete, unless ended earlier under this Section.

10.2 Either party may end this Agreement if the other materially breaches it and does not fix the breach within 10 days of written notice. iNGEN may end it immediately if Client is abusive, threatening or asks iNGEN to do something unlawful. In that case, refunds are decided under Section 3, except that if iNGEN ends the Agreement without fault by Client before the Session, iNGEN will refund the fee.

10.3 Sections 3.6, 5, 6, 8, 9, 11 and 12 survive ending.

11. Disputes; Governing Law

11.1 Talk first. The parties will try in good faith to resolve any dispute by written notice and discussion for at least 30 days.

11.2 Mediation. If that fails, the parties will try mediation with a mutually chosen mediator in Collin County, Texas (or by video) before filing a lawsuit. Each party pays its own costs and splits the mediator's fee equally.

11.3 Law and place. Texas law governs this Agreement, without regard to its conflict-of-law rules. Any lawsuit must be brought in the state or federal courts located in Collin County, Texas, and each party agrees to that venue and jurisdiction. Either party may seek a court order to protect Confidential Information at any time.

11.4 Business use. Client confirms it is buying the Service for business purposes.

12. General Terms

12.1 Independent contractors. The parties are independent. Nothing here creates a partnership, joint venture, employment or agency relationship.

12.2 Entire agreement. This Agreement and the booking page terms at the time of booking are the whole agreement for the Session. It replaces earlier discussions. If they conflict, this Agreement controls. Changes must be in writing and accepted by both parties (email is enough).

12.3 Notices. Notices go by email to the addresses below, or to a changed address given by notice. They are effective when sent, unless the sender receives a delivery failure.

12.4 Assignment. Client may not assign this Agreement without iNGEN's written consent. iNGEN may assign it to a successor to its business.

12.5 Force majeure. Neither party is liable for delay caused by events beyond its reasonable control (for example, severe weather, illness, outage, or government action), as long as it gives prompt notice and makes reasonable efforts to resume. Section 3.4 and 3.5 still apply.

12.6 Severability and waiver. If a part of this Agreement is unenforceable, the rest stays in effect, and the part will be enforced as far as the law allows. A delay in enforcing a right is not a waiver.

12.7 Electronic signature. The parties may sign electronically and in counterparts. Checking the acceptance box at booking is a valid signature. iNGEN will keep a record of the date, time and the version of the Agreement accepted.

12.8 Authority. The person signing for Client confirms they have the authority to bind Client.