We guarantee our ability to deliver the AI agent functionality we agree to in writing. After discovery, if we classify your project as Guarantee Eligible and we cannot deliver the agreed functionality in your Statement of Work after a fair cure period, we refund 100% of the eligible implementation fee paid for that SOW.
It applies to scoped delivery, not business outcomes. It does not guarantee revenue, profit, cost savings, employee adoption, bid win rates, estimating accuracy outside agreed test criteria, or performance issues caused by your data, workflows, people, third-party systems, or use outside the agreed scope. It requires timely cooperation, accurate data, access to required systems and personnel, written acceptance criteria, written notice during the acceptance period, and an opportunity for us to cure. Discovery, third-party costs, subscriptions, hosting, API usage, change orders, support, training, taxes, expenses, and accepted milestones are not refundable. If a refund is issued, your license to the deliverables terminates and you must stop using the agent; we retain our reusable components, prompts, templates, frameworks, and know-how.
1. Overview
We stand behind our ability to build the AI agent functionality that we agree to in writing.
Subject to these terms, if we are unable to deliver the agent functionality expressly described in the applicable Statement of Work, and we are unable to cure the material non-conformity after receiving timely written notice, we will refund 100% of the eligible implementation fees paid for that Statement of Work.
This guarantee applies only to our delivery of the agreed agent functionality against the approved scope and acceptance criteria. It does not guarantee business outcomes, financial results, employee adoption, bid win rates, estimating accuracy outside the agreed test criteria, profitability, revenue, cost savings, or any result dependent on Customer data, people, processes, market conditions, or third-party systems.
2. Discovery requirement
The guarantee applies only if the project has completed our discovery process and we have expressly classified the project, in writing, as Guarantee Eligible.
During discovery we may review Customer workflows, data, documents, systems, integrations, historical examples, business rules, and operational requirements to determine whether the requested agent is feasible. After discovery we classify the project, or specific functionality, as one of the following:
- Guarantee Eligible. We believe the agent can be delivered against the agreed Statement of Work and acceptance criteria. The guarantee applies to the expressly included deliverables.
- Guarantee Eligible With Customer Dependencies. The agent can be delivered only if Customer satisfies specified dependencies, such as data, access, documentation, subject-matter-expert input, third-party access, business rules, test cases, or timely feedback. The guarantee applies only if those dependencies are met.
- Experimental / Best Efforts. The functionality involves unresolved technical, data, workflow, or operational risk. Customer may proceed, but the guarantee does not apply to the identified functionality unless the Statement of Work expressly states otherwise.
- Not Recommended. We do not believe the requested agent is likely to satisfy the desired outcome. If Customer proceeds, work is performed on a best-efforts basis and the guarantee does not apply.
3. Scope of the guarantee
The guarantee applies only to the specific agent functionality, workflows, integrations, inputs, outputs, and acceptance criteria expressly described in the applicable Statement of Work.
It does not apply to any functionality, workflow, integration, document type, project type, use case, estimate category, report, automation, system, or output not expressly included. Any additional requests, changes, enhancements, integrations, or new use cases are handled through a separate written change order and are not covered unless expressly agreed in writing.
4. Acceptance criteria
Before implementation begins, the parties agree on written acceptance criteria for the agent. The agent is deemed accepted if it materially satisfies those criteria during the acceptance testing period.
Unless expressly stated otherwise, acceptance criteria are based on objective functionality and test conditions, not subjective satisfaction or business outcomes. Minor bugs, cosmetic issues, preference changes, training issues, ordinary support requests, or requests for additional functionality do not qualify for a refund, provided we address material defects through the cure process below.
5. Customer cooperation
The guarantee is conditioned on Customer providing timely cooperation reasonably required for discovery, implementation, testing, training, and delivery, including access to systems, data, and personnel, accurate workflow documentation, sample data and business rules, subject-matter-expert and decision-maker access, and timely answers, reviews, approvals, and feedback.
The guarantee will not apply if Customer fails to provide required access, data, or approvals; provides incomplete or inaccurate information; delays the project; changes scope after approval; fails to participate in testing; uses the agent outside the agreed scope; modifies the agent without our approval; fails to pay amounts due; or otherwise impairs our ability to deliver, test, support, or cure.
6. Data quality and customer inputs
The agent's performance depends on the quality, completeness, consistency, and accuracy of Customer-provided data, documents, examples, workflows, pricing, assumptions, business rules, system access, and subject-matter-expert input.
We are not responsible for failures or unsatisfactory results caused by incomplete or inaccurate data, inconsistent historical estimates, undocumented judgment, missing business rules, poor-quality source files, unavailable third-party systems, process changes after implementation, incorrect pricing or cost codes provided by Customer, or Customer failing to review and approve outputs before use.
7. No guarantee of business outcomes
We do not guarantee revenue, profit, cost savings, productivity gains, bid win rates, conversion rates, employee adoption, user satisfaction, market acceptance, sales or operational performance, or estimating accuracy outside the agreed test criteria.
AI agents are tools intended to assist Customer personnel and workflows. They do not guarantee any particular business, financial, operational, legal, technical, or commercial result.
8. Construction estimating disclaimer
For any construction estimating, preconstruction, bidding, takeoff, pricing, proposal, or project-analysis use case, Customer acknowledges that estimates depend on project-specific conditions, assumptions, source-document quality, market and subcontractor pricing, labor availability, exclusions, alternates, means and methods, site conditions, scope interpretation, and professional judgment.
The agent assists with estimate preparation and workflow automation. It is not a substitute for professional estimator review, commercial or engineering judgment, legal review, or final business approval. Customer remains solely responsible for reviewing, validating, approving, modifying, and using any estimate, bid, proposal, takeoff, or pricing recommendation, and for any commercial decision made using the agent.
9. Human review required
Customer must review and approve all agent outputs before relying on them or sharing them externally. Customer may not use the agent as the sole basis for any estimate, bid, proposal, purchase, project commitment, or other material decision without appropriate human review. The guarantee does not apply to any issue arising from Customer's failure to review and validate outputs before use.
10. Third-party systems and integrations
The guarantee does not apply to failures, delays, errors, or limitations caused by third-party systems, software, APIs, platforms, model or data providers, hosting, authentication, rate limits, outages, permission restrictions, or vendor changes. If the agent depends on third-party systems, Customer is responsible for maintaining the necessary accounts, permissions, licenses, credentials, and subscriptions.
11. Acceptance period
Unless otherwise stated in the Statement of Work, Customer has 10 business days after delivery of the applicable milestone or completed agent to test it and provide written notice of any material non-conformity with the agreed acceptance criteria. If no written notice is provided during this period, the deliverable is deemed accepted. Use in production, use with live customers, or submission of external bids using the agent may also constitute acceptance.
12. Refund claim process
To invoke the guarantee, Customer must provide written notice during the acceptance period identifying the specific Statement of Work, the specific acceptance criteria claimed not met, the specific examples or test cases supporting the claim, a clear description of the alleged material non-conformity, and any relevant supporting materials.
General dissatisfaction, changed preferences, new requirements, or statements that the agent does not work without reference to the agreed acceptance criteria are not sufficient to invoke the guarantee.
13. Cure period
After receiving a valid claim, we have 30 days to investigate and cure the alleged material non-conformity. During this period Customer must continue to provide reasonable access, cooperation, feedback, data, and testing support. If we materially cure the issue, no refund is owed. If the issue is caused by Customer data, process, third-party systems, use outside scope, or any other exclusion, the guarantee does not apply. If we cannot cure a material non-conformity after the cure period, Customer's sole and exclusive remedy is a refund of eligible fees.
14. Eligible refund amount
Any refund is limited to eligible implementation fees actually paid for the applicable Statement of Work. Unless expressly stated otherwise, eligible implementation fees do not include discovery, strategy, or consulting fees; third-party software or contractor fees; API or AI model usage; hosting; subscriptions; maintenance; support; training; pass-through or travel expenses; taxes; change orders; rush fees; previously accepted milestones; or work outside the original Statement of Work. Refunds will not exceed the amount actually paid.
15. Milestone acceptance
If the Statement of Work includes milestones, each may be subject to separate review and acceptance. Once a milestone is accepted, deemed accepted, used in production, or approved, its fees are not refundable unless the Statement of Work expressly states otherwise. A claim on a later milestone does not reopen acceptance of prior milestones.
16. Effect of refund
If a refund is issued, Customer's license to the applicable deliverables terminates, Customer must immediately stop using the agent and related deliverables, and we may disable access to hosted systems, automations, dashboards, workflows, prompts, configurations, and integrations. Customer must delete or return copies of the refunded deliverables except where retention is legally required, and does not receive ownership of or continued access to them.
17. Ownership and reusable components
We retain all rights, title, and interest in our pre-existing technology, tools, frameworks, templates, prompts, libraries, workflows, automations, methods, know-how, software, source code, and reusable components. Nothing in this guarantee transfers ownership of our underlying technology or know-how. Customer receives only the rights expressly granted in the applicable agreement or Statement of Work, subject to payment and continued compliance.
18. Exclusions
The guarantee does not apply to work not expressly marked Guarantee Eligible; experimental, best-efforts, or not-recommended work; business outcomes or financial results; dissatisfaction unrelated to agreed acceptance criteria; changed requirements or scope creep; new features; Customer's failure to cooperate, provide feedback, data, access, or approvals; use outside the agreed scope; modification of the deliverables; third-party failures; poor-quality or outdated input data; unsupported document or project types; internal disagreement among Customer personnel; outputs based on Customer-provided assumptions or pricing; issues caused by market, supplier, subcontractor, or labor pricing or project conditions; any breach by Customer; or any unpaid balance.
19. Sole remedy
Customer's sole and exclusive remedy under this guarantee is the refund of eligible fees described in these terms. The guarantee does not create any right to consequential damages, lost profits, replacement services, additional free work, reimbursement of Customer labor or opportunity costs, or any other damages or remedies.
20. Relationship to other terms
These guarantee terms supplement the applicable agreement, proposal, order form, and Statement of Work. All limitations of liability, warranty disclaimers, payment obligations, confidentiality, intellectual property terms, and dispute-resolution provisions in the applicable agreement remain in effect. If there is a conflict between these terms and the applicable Statement of Work, the Statement of Work controls only to the extent it expressly modifies the guarantee in writing.