1. Scope and Acceptance

These Terms of Service (‘Terms’) govern access to and use of modus6.com (the ‘Site’) and advisory, consulting, assessment, educational, AI, automation, technology, and related professional services offered under the modus6 brand (the ‘Services’). modus6 is operated by Strategy Simple LLC (‘Strategy Simple,’ ‘modus6,’ ‘we,’ ‘us,’ or ‘our’). By accessing the Site or using the Services, you agree to these Terms. If you disagree, do not use the Site or Services.

Specific projects, subscriptions, technology tools, data products, or deliverables may also be governed by a signed Statement of Work, Master Services Agreement, subscription agreement, data processing agreement, or other written contract. In the event of a conflict, the separately executed agreement controls to the extent of that conflict.

2. Eligibility

You represent that you are at least 18 years old, are using the Services for lawful business purposes, and, if acting for an organization, have authority to bind that organization. The professional Services are intended primarily for business users rather than personal or household use.

3. License and Acceptable Use

Subject to these Terms, we grant a limited, non-exclusive, non-transferable, revocable right to access and use the Site and any authorized tools for legitimate internal business purposes.

You must not reproduce, distribute, sublicense, or resell protected content or licensed data without permission; reverse engineer systems except where law permits; interfere with security or operation; scrape or automate access without authorization; misuse credentials or APIs; engage in unlawful or abusive conduct; or use information obtained from the Services for discriminatory or prohibited eligibility decisions. We may restrict or suspend access for violations.

4. Client Information, AI Tools, and Data

You represent that you have the rights, permissions, legal grounds, and necessary notices to provide any data, content, recordings, materials, or system access used in an engagement. You authorize us and approved service providers to process submitted materials as reasonably needed to perform the contracted Services, subject to any applicable written confidentiality or data processing agreement.

Do not submit regulated, restricted, highly sensitive, or confidential third-party information to a tool unless the relevant agreement expressly authorizes that use and establishes appropriate controls. AI-generated outputs, assessments, recommendations, and automation workflows may be incomplete or inaccurate and require appropriate human review before consequential use.

If an engagement includes Strategy Simple's intent data, visitor identification, or data delivery capabilities, applicable product-specific conditions also govern. Such information must not be used to make decisions regarding consumer credit, insurance eligibility or underwriting, employment, housing, or other purposes regulated by the Fair Credit Reporting Act or analogous laws unless explicitly permitted through a separate legally compliant arrangement. Clients are responsible for required website tracking disclosures and consent controls where relevant.

5. Professional Advice and Client Decisions

modus6 provides strategic, operational, marketing, AI, and technology consulting. Unless a signed agreement expressly states otherwise, our materials do not constitute legal, accounting, investment, tax, or other regulated professional advice. Client leadership remains responsible for decisions, approvals, implementation, regulatory compliance, and the supervision of personnel and automated systems.

6. Fees and Payments

Fees, payment schedules, expenses, and deliverables are stated in proposals, invoices, online checkout terms, or signed agreements. Unless otherwise agreed, invoiced amounts are payable when due; late or unpaid amounts may result in suspension. Payment authorizations apply to the payment method selected or separately approved. Service termination does not discharge accrued payment obligations.

7. Intellectual Property and Deliverables

The Site, modus6 and Strategy Simple branding, pre-existing frameworks, methodologies, training materials, software, models, templates, databases, documentation, and associated intellectual property remain the property of Strategy Simple LLC or its licensors. The client retains ownership of its pre-existing materials and submitted data, subject to applicable third-party rights.

Ownership and license rights in customized work product or deliverables are determined by the governing Statement of Work or other written agreement. Absent an express written transfer, delivery or payment does not transfer ownership of our pre-existing intellectual property. Any authorized license is limited to the scope specified in the applicable agreement.

8. Confidentiality

Where parties exchange nonpublic business information in connection with an engagement, each party will use reasonable care to protect confidential information and use it only for permitted business purposes, subject to legally required disclosure and customary exceptions. Any separately executed nondisclosure or services agreement controls if it provides additional or different obligations. Applicable confidentiality duties survive the end of the engagement as provided in the governing agreement or law.

9. Privacy

Our processing of information is described in the modus6 Privacy Policy, available at https://modus6.com/privacy-policy. Personal data processed on a client's behalf may also be governed by additional written contractual terms.

10. Third-Party Platforms and Integrations

Services may involve third-party AI providers, CRMs, hosting services, analytics, scheduling tools, APIs, and advertising or communication platforms. You are responsible for applicable third-party terms, account permissions, access, and lawful configuration. We are not responsible for interruptions, policy changes, or acts of third-party providers outside our reasonable control.

11. Changes and Availability

We may modify, update, or discontinue Site features and generally available offerings. Project-specific changes are subject to applicable written agreements. We make commercially reasonable efforts regarding service operation, but uninterrupted availability is not promised.

12. Disclaimer of Warranties

To the fullest extent permitted by applicable law and except for express commitments in an executed written agreement, the Site and generally available materials are provided ‘as is’ and ‘as available.’ We disclaim implied warranties of merchantability, fitness for a particular purpose, and noninfringement to the extent permitted by law. We do not promise a particular revenue, lead-generation, operational, search-visibility, or AI performance outcome solely from use of the Services.

13. Limitation of Liability

To the fullest extent permitted by law, neither Strategy Simple LLC nor its officers, employees, or suppliers will be liable under these Terms for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, or lost business opportunities arising from the Site or Services.

Except where prohibited by law or varied in a separately executed agreement, our aggregate liability arising from the applicable Services will not exceed fees actually paid to Strategy Simple LLC for those Services during the twelve months immediately preceding the event giving rise to the claim. These limitations do not exclude liability that cannot legally be limited.

14. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Strategy Simple LLC and its representatives against third-party claims, losses, and reasonable expenses arising from your unlawful use of the Site or Services, your material breach of these Terms, your infringement of third-party rights, or your unauthorized provision or use of third-party information, except to the extent caused by our own wrongful conduct.

15. Suspension and Termination

We may suspend or terminate access in response to material breach, nonpayment, security risk, or legal requirements. Either party's right to terminate an engagement, any notice period, and post-termination fees or obligations are determined by its signed agreement. Upon termination, access rights granted under these Terms cease, while provisions intended to survive remain in effect.

16. Governing Law and Disputes

These Terms are governed by the laws of Michigan, without regard to conflict-of-law principles. Parties will first attempt in good faith to resolve a dispute informally. If unresolved, disputes arising under these Terms are subject to binding arbitration in Wayne County, Michigan, except where prohibited by law or otherwise agreed in a signed contract. To the fullest extent permitted by law, proceedings will be conducted on an individual rather than class basis. Any applicable statutory rights that cannot be waived remain unaffected.

17. Fulfillment and Refunds

Services and digital deliverables are performed or provided on the schedule stated in the applicable proposal, checkout, invoice, or written agreement. Any delivery timing displayed on the Site is an estimate unless expressly made binding in writing.

Except as expressly stated in an applicable agreement or required by law, fees for completed professional services, delivered digital products, purchased assessments, and consumed subscriptions are non-refundable. If an error or service issue is attributable to us, we may offer corrective work, a replacement deliverable, a credit, or another appropriate remedy subject to the governing agreement. For projects canceled before completion, payment obligations and any refund of unearned prepaid fees are determined by the executed agreement.

Payment options may include credit or debit card, ACH, checks, or other methods shown at checkout or on an invoice. Payment processing may be carried out by third-party providers under their own terms.

18. Changes to Terms

We may revise these Terms from time to time by posting an updated version and changing the effective date. For existing contracted Services, changes remain subject to the governing agreement and applicable notice or consent requirements. Continued use after revised Terms take effect constitutes acceptance to the extent permitted by law.

19. Contact Information

Strategy Simple LLC, operating as modus6
16845 Kercheval Ave., Floor 2, Suite 1D
Grosse Pointe, MI 48230
Phone: 313.626.9200
Email: [email protected]
Website: https://modus6.com