Terms of Service

1. Acceptance of Terms

By accessing or using naianevolve.com (the “Site”) and services offered by NAIAN LLC (“Naian,” “we,” “us”), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Site or our services.

2. Services Overview

Naian provides technology consulting and implementation services across four engagement tiers, plus managed website design and hosting plans:

• Clarity ($5K – $12K) , a fixed-scope assessment delivering a prioritized 90-day modernization roadmap, risk identification, and AI readiness evaluation. Completed in 2–4 weeks.
• Evolve ($25K – $175K) , phased legacy system modernization including API design, data migration, QA, and knowledge transfer. Scoped and priced per sprint.
• Integrate AI ($8K – $150K) , production AI workflow integration including use case selection, data readiness, model integration, and team handoff. Scoped per initiative.
• Sustain ($3K – $25K / month) , ongoing senior engineering retainer covering architecture guidance, incident response, backlog prioritization, and monthly planning. Month-to-month with 30-day cancel notice.
• Website Design & Hosting , professional website design, development, and managed hosting on annual or monthly plans. Annual plans include design at no additional design fee.

All pricing ranges and timelines presented on this Site are informational and subject to change. Actual engagements are governed by a separate signed service agreement.

3. Website Design & Hosting Plans

Naian offers managed website hosting plans (Seed, Evolve, Lead) on a monthly or annual billing basis. The following terms apply to all hosting and website design services:

• Annual plans include professional website design at no additional design fee (the “Free Website Design Offer”). The annual plan constitutes the payment mechanism for this service, hosting is not “billed separately.”
• The free website design offer requires a minimum 12-month plan commitment, paid in full at the start of the subscription period. Partial periods do not qualify.
• The 5-business-day delivery window begins upon Naian's receipt of complete content, brand assets, and written approvals , not on plan activation date.
• Monthly plans include hosting, domain, and email but do not include website design. Design is available as a separate one-time fee at published rates.
• You retain full ownership of your website content (text, images, and copy you provide). The underlying site codebase and build remain Naian's intellectual property during the active plan term. Upon plan termination — provided all outstanding balances are settled — Naian will make your website files available for download for 30 days. After that window, files may be deleted. Self-hosting after file delivery is the client's responsibility. Naian retains the right to showcase completed work in its portfolio unless the client requests otherwise in writing.
• Website delivery and publication do not guarantee search engine rankings, organic traffic volume, lead generation, or any specific business outcome. Naian builds SEO-ready sites following current best practices, but actual traffic depends on factors outside Naian's control including market competition, domain age, content quality, algorithm changes, and advertising investment. No traffic or ranking guarantees are made unless explicitly stated in a separate written agreement signed by both parties.
• Spot availability for the free website design offer is limited by monthly production capacity. Naian reserves the right to defer start dates while maintaining the stated delivery window once work begins.
• Naian reserves the right to discontinue hosting plans with 30 days advance notice. In such cases, all website files will be provided for client self-hosting or migration.

4. Technology Consulting Engagements

Consulting services (Clarity, Evolve, Integrate AI, Sustain) are provided under fixed-scope agreements. The following conditions apply:

• Engagements begin only after a signed agreement and applicable deposit or full payment are received.
• Scope changes require written agreement and may affect timeline and cost. Naian will not begin out-of-scope work without explicit written authorization.
• Naian provides services in good faith based on information provided by the client. The accuracy and completeness of deliverables depend on the accuracy of client-provided data, system access, and business context.
• Deliverables are described in each individual service agreement. Oral representations do not modify written scope.

5. Free Assessment Program & Clarity Guarantee

The Free Technology Health Check is a no-cost introductory consultation, not a full audit. It does not create a consulting engagement or impose obligations on either party. Naian may decline to provide a free assessment based on capacity or fit.

The Clarity engagement ($5K – $12K) is a paid, fixed-scope assessment that produces a prioritized modernization roadmap as its primary deliverable. Naian offers a conditional money-back guarantee on Clarity: if the assessment does not identify at least three actionable initiatives with combined ROI exceeding the assessment cost, Naian will refund 100% of the Clarity fee. This guarantee is subject to the client providing accurate and complete system access, documentation, and business context as reasonably requested. The guarantee does not apply where the client has withheld material information or restricted Naian's access to systems necessary to complete the assessment.

6. Outcome Representations & Limitations

Examples, case studies, statistics, and informational content on this Site (including outcome metrics such as cost reduction percentages, deployment speed improvements, and hours saved) are based on results achieved for specific clients under specific conditions. They are provided for general informational purposes only and are not guarantees that the same results will be achieved for your business. Actual results depend on factors outside Naian's control, including your business model, market conditions, existing infrastructure, team capacity, and third-party platform behavior.

Naian does not guarantee specific business outcomes, revenue increases, or performance improvements from any service except where a written guarantee is explicitly stated in a signed engagement agreement. The conditional Clarity money-back guarantee described in Section 5 is the only outcome guarantee Naian provides as a standard term. Information on this Site should not be construed as professional legal, tax, accounting, or financial advice.

Any free assessment or health check provided by Naian is a high-level evaluation to assess fit and direction. It is not a full implementation plan, production deliverable, or engineering specification unless agreed in a signed engagement agreement.

7. Intellectual Property & Content Use

All Site content, including text, graphics, code, tools, templates, and documentation, is owned by NAIAN LLC or used with permission. We grant you a limited, non-exclusive, non-transferable license to access and use this content for personal, non-commercial, informational purposes only. You may not:

• Reproduce, republish, or distribute Naian content for commercial purposes without written consent.
• Modify, create derivative works from, or reverse-engineer any content or tool on this Site.
• Use this Site or its content to develop a competing service or product.
• Use automated systems to scrape, extract, or harvest data from this Site.
• Remove or alter copyright, trademark, or other ownership notices from any materials.

Client deliverables (website designs, automation workflows, roadmap documents) are assigned to the client upon receipt of full payment, as specified in the applicable service agreement.

For copyright infringement claims, DMCA takedown requests, and counter-notice procedures, see our Copyright Policy.

8. Portfolio, Case Studies & Confidentiality

Naian treats all client work, communications, and deliverables as confidential by default. Nothing is published, referenced, or shared publicly without explicit written consent from the client.

8.1  Case Study & Portfolio Use, Opt-In

At the conclusion of a project, or at any point agreed upon in writing, Naian may invite the client to participate in a case study or portfolio feature. Participation is entirely voluntary. There is no obligation to agree, and declining has no effect on service delivery, pricing, or the ongoing relationship.

When a client opts in, Naian may feature the completed work on naianevolve.com, in marketing materials, and in social media content. The feature typically includes the client's business name, website URL, industry, a description of the challenge and approach, and relevant non-financial outcomes (e.g., delivery time, workflow changes, site performance improvements). The intent is to give the client meaningful visibility, a real attribution link to their business, not just a logo on a wall.

8.2  What Is and Is Not Disclosed

Even with consent, Naian will not disclose financial figures, revenue data, internal cost structures, proprietary workflows, or any information the client designates as sensitive in the consent agreement. If specific metrics are to be included (e.g., “reduced processing time by 40%”), the client must explicitly approve those figures in writing before they are published.

Naian will share a draft of any case study or feature with the client for review and written approval before it is made public. No changes to the content will be made after approval without notifying the client.

8.3  How Consent Is Documented

Consent may be granted in the original service agreement, in a separate written addendum, or via a clear written exchange (email is sufficient). Verbal consent is not binding for portfolio or case study use. Naian will retain a copy of the consent record for the duration of the publication.

8.4  Withdrawing Consent

A client may withdraw consent at any time by sending written notice to hello@naianevolve.com. Naian will remove the case study or portfolio feature from all owned channels within 30 calendar days of receiving that notice. Naian is not responsible for cached versions, third-party aggregators, or archived pages that have already indexed the content before the withdrawal request.

8.5  NDA

Naian will sign a mutual NDA before receiving sensitive materials, system credentials, or confidential business information. Contact us at the address below and we will provide one within 1 business day.

9. Security & Data Handling

When providing services, Naian may access client systems, credentials, or confidential materials. We apply minimum-necessary access, requesting only what is needed for the specific task. We recommend clients provide staging environments or anonymized data where possible. Naian may engage trusted specialist contractors bound by confidentiality for specific delivery tasks. Upon project completion or request, active copies of client files are deleted within a reasonable timeframe, subject to legal retention requirements. Contact us if you require a formal security questionnaire or data processing agreement.

10. Billing & Cancellation

Payment terms, cancellation conditions, early termination fees, and refund eligibility are governed by our Billing & Refund Policy, incorporated by reference into these Terms. Annual hosting plans include free website design conditional on completing the 12-month term. Early cancellation results in design fee charges and retroactive monthly pricing as detailed in that policy.

11. Third-Party Links

This Site may link to third-party websites or services. Naian has no control over their content, privacy policies, or practices and assumes no responsibility for them. Links do not constitute endorsement. You access third-party sites at your own risk.

12. Limitation of Liability

The Site and all content are provided “as is” without warranty of any kind, express or implied. To the maximum extent permitted by applicable law, Naian's total liability for any claim arising from use of the Site or our services is limited to the amount paid for the specific service in the 90 days preceding the claim. Naian is not liable for indirect, incidental, special, consequential, or punitive damages under any theory of liability, including damages for loss of profits, data, business goodwill, or other intangibles, even if advised of the possibility of such damages.

13. Termination & Service Suspension

Either party may terminate an active consulting engagement or hosting plan in accordance with the applicable service agreement and the Billing & Refund Policy. In addition, Naian reserves the right to suspend or terminate access to the Site, hosted services, or any active engagement under the following circumstances:

• Non-payment beyond the grace period specified in the Billing & Refund Policy
• Material breach of these Terms that is not cured within 10 business days of written notice
• Use of the Site or services for unlawful, abusive, or fraudulent purposes
• Actions that create security risks or harm to Naian, its clients, or third parties

Where possible, Naian will provide at least 5 business days prior notice before suspending a hosting service for non-payment. Suspension for cause may be immediate. Upon termination of a hosting plan, Naian will make website files available for client download for a period of 30 days.

14. Force Majeure

Neither party is liable for failure or delay in performing obligations under these Terms or any service agreement where such failure is caused by circumstances outside that party's reasonable control, including but not limited to: acts of God, natural disasters, war, civil unrest, pandemic-related government orders, widespread internet or infrastructure outages, cyberattacks on infrastructure providers, or actions by third-party hosting or platform providers. The affected party shall notify the other as soon as reasonably practicable and shall use reasonable efforts to mitigate the impact and resume performance.

15. Marketing Reference

Naian may list a client's business name and general project type (e.g., “workflow automation for a behavioral services practice”) in its client list, proposals, and general marketing materials without specific written approval, unless the client has specifically requested otherwise in writing. This is separate from the more detailed case study and portfolio consent governed by Section 8. Clients may opt out of this general reference at any time by sending a written request to the contact address below.

16. Assignment

You may not transfer, assign, or delegate your rights or obligations under these Terms or any service agreement without Naian's prior written consent. Naian may assign these Terms and any active service agreements, without requiring client consent, in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of its assets, provided the successor entity agrees to honor all existing commitments. Naian will notify affected clients of any such transfer within 30 days.

17. Severability & Waiver

If any provision of these Terms is found to be invalid or unenforceable under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or removed if modification is not possible. The remaining provisions continue in full force. A party's failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision, and does not limit that party's right to enforce it in the future.

18. Entire Agreement

These Terms, together with any signed service agreement, the Billing & Refund Policy, and the Privacy Policy, constitute the entire agreement between you and Naian with respect to the subject matter described herein and supersede all prior or contemporaneous discussions, representations, or understandings. If there is a conflict between these Terms and a signed service agreement, the signed service agreement governs for that specific engagement. Unless your engagement is covered by an Enterprise or custom agreement, no other agreement, oral statement, or proposal modifies these Terms.

19. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict of law provisions. The parties agree to first attempt to resolve any dispute through good-faith negotiation for a period of 30 days. If not resolved, disputes shall be submitted to binding arbitration in Miami-Dade County, Florida, under the rules of the American Arbitration Association. Each party submits to the personal jurisdiction of the courts of Florida for matters not subject to arbitration or for the enforcement of an arbitral award. Nothing in this section limits Naian's right to seek injunctive or equitable relief in any court of competent jurisdiction for matters involving intellectual property or confidentiality obligations.

Class Action Waiver. You and Naian each waive any right to a jury trial and to participate in, or bring, any class action, collective action, or representative proceeding against the other. All disputes must be brought and resolved on an individual basis only. If for any reason a claim proceeds in court rather than arbitration, that claim must be brought individually and not as part of any class or representative action.

20. Modifications

Naian may update these Terms at any time. For material changes, we will provide at least 15 days advance notice by updating the “Last updated” date and, where practical, by email to active clients. Continued use of the Site or services after a change takes effect constitutes acceptance of the updated Terms. If a change is required by law or a change in an applicable legal obligation, the change takes effect simultaneously with the legal requirement.

21. Contact

Questions about these Terms: hello@naianevolve.com