Terms of Service

1. Acceptance of Terms

By accessing or using Continuum's website (uxcontinuum.com) or services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of our services after such changes constitutes your acceptance of the new Terms.

2. Services Description

Continuum provides fractional CTO services, technical consulting, software development, and related professional services ("Services") to startups and businesses. Our Services may include but are not limited to:

• Technical strategy and roadmap development
• MVP and product development
• Code reviews and technical audits
• Technical leadership and team management
• Architecture design and implementation
• Discovery sprints and technical assessments

3. User Obligations

When using our Services, you agree to:

• Provide accurate and complete information
• Maintain the confidentiality of your account credentials
• Use our Services only for lawful purposes
• Cooperate with us in good faith to deliver Services effectively
• Provide timely feedback and approvals as outlined in service agreements
• Not attempt to reverse engineer, decompile, or hack our systems
• Not use our Services to build a competing product or service

4. Payment Terms

Fees and Billing

Fees for our Services are set forth in your service agreement or statement of work. Unless otherwise specified:

• Discovery sprints are billed upfront as a fixed fee
• Retainer services are billed monthly in advance
• Project-based work may be billed in milestones as defined in the statement of work
• All fees are in USD unless otherwise specified

Payment Methods

We accept payment via bank transfer, credit card, or other methods as agreed upon. Payment is due within 7 days of invoice unless otherwise specified.

Late Payments

Late payments may incur a fee of 1.5% per month (18% per annum) or the maximum allowed by law, whichever is lower. We reserve the right to suspend Services for accounts with overdue payments.

5. Cancellation and Refunds

Client Cancellation

Cancellation terms depend on the service type:

• Monthly Plans (Keep it running, Get Users, Partner): Month to month, billed monthly in advance, with no minimum term. You can cancel at any time by email. Cancellation takes effect at the end of the month you have already paid for, services continue until then, and you are not charged again. The month already paid is not refunded.
• Project-Based Work: Cancellation terms are defined in the statement of work. Generally, you pay for work completed plus a cancellation fee (typically 25% of remaining balance).
• Ship Check and AI Answer Check: Refunds follow the Guarantees in section 6.

Our Cancellation

We reserve the right to cancel or suspend Services with 30 days notice if:

• Payment is not received after reasonable attempts to collect
• You violate these Terms or applicable laws
• The working relationship becomes untenable despite good faith efforts to resolve issues

6. Guarantees

Two of our fixed-price checks come with the guarantees below. These are the only guarantees we offer. They cover delivery time and whether you found the work worth paying for. They are not a promise about results.

AI Answer Check ($299, or the intro price you paid)

• On time, or it's free. We send your report within 3 business days (Monday to Friday) of the end of your 20-minute kickoff call. The clock starts at the call if the booking form is complete (business name, website, market, what you do, and your competitors). If you order online without a call, the clock starts when your paid order form is complete. If we have to ask you for something missing, or you move the call, the clock starts when we have it or at the new call time. If the report is late, we refund the full $299 and still send you the report.
• 7-day money-back. If the report is not useful to you, tell us by email within 7 days of the day we send it and we refund the full amount you paid. No reason needed. You keep the report.

Ship Check ($299)

• On time, or it's free. We send the written report within 48 hours of when you give us read access to the repository. If the report is late, we refund the full $299 and still send you the report.
• 7-day money-back. If the report was not worth $299 to you, tell us by email within 7 days of the day we send it and we refund the full amount you paid. No reason needed. You keep the report.
• 30-day fix. If, within 30 days of the report, a problem turns up that the check should have caught, we fix it at no charge. This covers security and data problems of the kinds the check looks for (exposed keys or secrets, open endpoints, broken login or access rules, and data exposure) that were already in the code at the commit we checked, which the report names. It does not cover code written or changed after that commit, or other kinds of bugs. The remedy is the fix, not a cash refund.
• Credit. If you go ahead with a Ship Fix, the $299 is credited against it. A refunded Ship Check is not also credited.

How Refunds Work

Email matt@uxcontinuum.com. We refund to the original payment method within 5 business days of your request. Refunds cover the price you paid and nothing more.

What Is Not Guaranteed

Get Users, the Deadline Sprint, Ship Fix, MVP Build and Partner plans have no money-back and no performance guarantee, unless your written agreement with us says otherwise. We never guarantee what ChatGPT, Perplexity, Gemini, or any other AI tool or search engine will say about you, or whether it will name or recommend your business.

7. Intellectual Property

Client-Owned Work Product

Upon full payment, you own all custom code, designs, and deliverables created specifically for your project ("Work Product"). We transfer all rights, title, and interest in the Work Product to you.

Continuum-Owned Materials

We retain ownership of:

• Pre-existing tools, frameworks, and code libraries
• Methodologies, processes, and templates
• General knowledge and experience gained
• Marketing materials, website content, and case studies (unless otherwise agreed)

You receive a non-exclusive, perpetual license to use Continuum-owned materials incorporated into your Work Product.

Third-Party Components

Work Product may include open-source or third-party components subject to their own licenses. We will identify such components and ensure compliance with applicable licenses.

8. Confidentiality

We will maintain the confidentiality of your proprietary information and not disclose it to third parties without your consent, except:

• When required by law or court order
• To subcontractors who have signed confidentiality agreements
• Information that is publicly available or independently developed

Similarly, we ask that you maintain confidentiality of our proprietary methodologies, pricing, and business information.

9. Warranties and Disclaimers

Our Warranties

We warrant that:

• Services will be performed in a professional and workmanlike manner
• Work Product will conform to agreed-upon specifications
• We have the right to provide the Services and Work Product

Disclaimer

EXCEPT AS EXPRESSLY STATED ABOVE, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Apart from the delivery and refund guarantees in section 6, we do not guarantee specific business outcomes, revenue targets, or market success, and we do not guarantee what any AI tool or search engine will say. Software development involves inherent risks and uncertainties.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM SERVICES SHALL NOT EXCEED THE FEES PAID BY YOU 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 LOST PROFITS, LOST REVENUE, DATA LOSS, OR BUSINESS INTERRUPTION
• WE ARE NOT RESPONSIBLE FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless Continuum from any claims, damages, or expenses (including reasonable legal fees) arising from:

• Your breach of these Terms
• Your violation of any laws or regulations
• Your misuse of our Services or Work Product
• Claims that your content or materials infringe third-party rights

12. Dispute Resolution

Informal Resolution

If a dispute arises, we encourage you to contact us first to resolve it informally. Most concerns can be addressed through good-faith discussion.

Governing Law

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

Jurisdiction

Any disputes that cannot be resolved informally shall be subject to the exclusive jurisdiction of the courts located in Paris, France.

13. General Provisions

Entire Agreement

These Terms, together with any service agreement or statement of work, constitute the entire agreement between you and Continuum regarding our Services.

Severability

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

Waiver

Our 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 your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a successor or affiliate.

SMS / Text Messaging

Continuum customer-care texts. These texts are conversational customer care about your inquiry: answering your question, scheduling service and confirming appointments. There is no marketing or promotional content.

How you opt in: When you call Continuum at (240) 590-5978 and we can't answer, an automated message asks: "To get a text back from Continuum at this number, press 1. You may get a few messages about your inquiry. Message frequency varies. Message and data rates may apply. Reply STOP to opt out or HELP for help. Terms at uxcontinuum.com/sms-policy." We text you only if you press 1. If you text Continuum at (240) 590-5978 first, we reply only about your message. These are the only two ways to opt in. We never text purchased lists or numbers that have not contacted us. Each consent is logged with the date, time and phone number.

Message frequency varies by conversation, usually a few messages about your inquiry. Message and data rates may apply.

Reply STOP to any message to stop all texts from Continuum. Any clear request to stop also works, and we honor it right away. Reply HELP for help. You can also reach us at hello@uxcontinuum.com.

Mobile carriers are not liable for delayed or undelivered messages.

Continuum uses your mobile number only to respond to your inquiry. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes; text messaging originator opt-in data and consent will not be shared with any third parties. Message frequency varies by conversation. Message and data rates may apply. Reply STOP to opt out, HELP for help. Service providers (such as our SMS carrier) process data only to deliver messages. Full details: SMS Terms & Consent.

ChatGPT Plugin

These terms also cover our plugin for ChatGPT (“Does ChatGPT recommend my business?”), described on our plugin page. In addition:

• The plugin is free to use, with daily limits per website and overall. We may change the limits, pause new checks, or stop offering the plugin at any time.
• Your email address is optional; the check runs without it. If you choose to give it, you agree that Continuum may contact you personally by email about your result. You can ask us not to contact you at any time.
• Use it to check businesses, such as your own or ones you compare against. Do not use it to look up private individuals, to send anything other than a business's details, or to get around its limits (for example with many accounts or automated requests).
• Results come from what ChatGPT and Perplexity answered at the time of the check. AI answers change, and a small check is a snapshot. Results and suggested fixes are provided “as is” for information only, with no guarantee of accuracy or of what any AI tool will say in future.
• Names of other businesses in a result are the names the AI answers gave. They are not our endorsement of, or claims about, those businesses.
• Section 10 (Limitation of Liability) applies to the plugin. Questions and support: hello@uxcontinuum.com.

Contact Us

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