Terms & Conditions

These Terms & Conditions (“Terms”) govern your access to and use of the AdaptExec website at adaptexec.com, our related websites, applications, and communications, and any services we provide, including virtual assistant, executive support, marketing, branding, design, web development, software, CRM, SEO, and coaching services (collectively, the “Services”). “AdaptExec,” “we,” “us,” and “our” refer to AdaptExec. “You,” “your,” and “Client” refer to the person or entity using the Services.

Please read these Terms carefully. They include a binding arbitration provision and a class action waiver (Section 18) that affect your legal rights. By accessing or using the Services, signing a proposal, or paying an invoice, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

01Eligibility and Authority

You must be at least 18 years old and able to form a binding contract to use the Services. If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms, and “you” includes that organization.

02Proposals, Agreements, and Order of Precedence

The specific Services, deliverables, timelines, and fees for a project will be described in a proposal, quote, statement of work, service plan, or invoice (each, an “Order”). Each Order is governed by these Terms. If an Order or a separate signed agreement conflicts with these Terms, the Order or signed agreement controls for that engagement. Estimates and timelines are good-faith projections, not guarantees.

Requests outside the agreed scope, including additional revisions, features, hours, or deliverables, are “change requests” and may be billed at our then-current rates or require a new Order. We may decline any change request.

03Fees, Payment, and Billing

• Payment terms. Unless an Order states otherwise, invoices are due upon receipt. Deposits, retainers, setup fees, and prepaid hours are non-refundable once work has been scheduled or begun.
• Recurring services. Subscription, retainer, and monthly plans renew automatically each billing period until canceled as described in Section 15. You authorize us and our payment processors to charge your payment method on file for recurring fees and approved charges.
• Unused hours. Unless an Order states otherwise, unused hours in a plan do not roll over and are not refundable.
• Late payments. Overdue balances may accrue a late charge of 1.5% per month (or the maximum allowed by law, if lower). We may pause or suspend Services, withhold deliverables, or disable access to work we host or manage until all amounts are paid. You are responsible for reasonable costs of collection, including attorneys’ fees.
• Expenses and third-party costs. You are responsible for pre-approved expenses and third-party costs, such as software subscriptions, hosting, domains, plugins, stock assets, advertising spend, and postage, unless an Order states otherwise.
• Taxes. Fees do not include taxes. You are responsible for all applicable sales, use, and similar taxes, other than taxes on our income.
• Price changes. We may change our rates for future work or renewal periods by giving notice. Changes do not apply to amounts already invoiced.
• Disputes. You must notify us in writing of any billing dispute within 30 days of the invoice date, or the invoice will be considered accepted. Initiating a chargeback without first contacting us is a breach of these Terms.

04Client Responsibilities

You agree to provide timely information, content, approvals, feedback, and access (such as accounts, credentials, and permissions) reasonably needed for us to perform the Services. Delays or failures on your part may extend timelines and may result in additional fees. If a project is paused for more than 30 days waiting on you, we may close it and invoice for work completed. You are responsible for reviewing and approving deliverables before they are published or used, and for backing up your own data, websites, and accounts.

You represent that all materials you provide to us (including text, images, logos, data, and contact lists) are owned by you or properly licensed, that our use of them as directed will not infringe anyone’s rights or violate any law, and that you have obtained any consents required for us to process personal information on your behalf (including for email and text marketing).

05Third-Party Platforms, Tools, and AI

The Services may rely on or integrate with third-party platforms and tools, such as hosting providers, website builders, CRMs, email and SMS services, payment processors, social media platforms, advertising networks, and artificial intelligence tools. We may use these tools, including AI technologies, to help perform the Services. Third-party products are governed by their own terms, and we are not responsible for their availability, performance, pricing changes, policy changes, data handling, or any account suspensions or actions they take.

06Intellectual Property

• Our website and materials. The website and all of its content, design, text, graphics, logos, and software are owned by AdaptExec or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from them without our written permission.
• Client deliverables. Upon our receipt of payment in full for a project, we assign to you our rights in the final deliverables created specifically for you under that Order, excluding Pre-Existing Materials and Third-Party Materials. Until payment in full, all rights remain with AdaptExec, and you have only a limited, revocable license to use the deliverables for review.
• Pre-Existing Materials. We retain all rights in our pre-existing and generally applicable materials, including templates, frameworks, code libraries, components, workflows, processes, know-how, and tools, and any improvements to them (“Pre-Existing Materials”). To the extent any Pre-Existing Materials are included in your deliverables, we grant you a non-exclusive, perpetual license to use them as part of those deliverables.
• Third-Party Materials. Fonts, stock assets, plugins, themes, and software from third parties (“Third-Party Materials”) are subject to their own licenses, which you agree to follow.
• Drafts and concepts. Unused concepts, drafts, and alternative designs remain our property.
• Portfolio rights. Unless you ask us in writing not to, we may display your name, logo, and the work we performed for you in our portfolio, website, case studies, and marketing materials.
• Feedback. If you give us suggestions or feedback, we may use them without restriction or compensation.

07Confidentiality

Each party may receive non-public information from the other that is identified as confidential or should reasonably be understood to be confidential (“Confidential Information”). Each party will use the other’s Confidential Information only to perform or receive the Services and will protect it with reasonable care. Confidential Information does not include information that is public through no fault of the receiving party, already known to it, independently developed, or rightfully received from a third party. A party may disclose Confidential Information if required by law, after giving reasonable notice where permitted.

08Non-Solicitation

During the term of our engagement and for 12 months afterward, you agree not to directly or indirectly hire, engage, or contract with any AdaptExec employee, assistant, or contractor who performed work for you, other than through AdaptExec, without our written consent. Because of the investment we make in recruiting and training our team, if you do so, you agree to pay us a placement fee equal to 25% of that individual’s first-year compensation or the fees you paid us for that individual’s services during the prior 6 months, whichever is greater.

09Acceptable Use

You agree not to use the Services or our website to:

• Violate any law or regulation, or infringe the rights of others
• Send spam or unsolicited communications, or engage in deceptive or fraudulent practices
• Upload or transmit malware, or attempt to gain unauthorized access to our systems or other accounts
• Scrape, crawl, or copy content from our website by automated means without permission
• Interfere with the security or operation of the Services
• Ask us to perform any work that is unlawful, harmful, or misleading

We may refuse, suspend, or stop work that we believe violates these Terms or is inappropriate, in our sole discretion.

10No Guarantee of Results

Marketing, advertising, SEO, social media, sales, and coaching outcomes depend on many factors outside our control, including search engine and platform algorithms, competition, market conditions, and your own actions. We do not guarantee any specific results, such as rankings, traffic, leads, sales, revenue, or return on investment. Any examples, case studies, or projections are illustrative only.

11Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT DELIVERABLES WILL BE COMPATIBLE WITH ALL DEVICES, BROWSERS, OR FUTURE SOFTWARE UPDATES.

Our Services are business support services. Unless expressly stated in an Order, we do not provide legal, tax, accounting, financial, investment, medical, or other licensed professional advice, and you should consult a qualified professional for those matters. Content on our website is for general information only.

12Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ADAPTEXEC OR ITS OWNERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE WEBSITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE OR SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT PAID US ANYTHING. These limitations are an essential part of the bargain between you and us and apply even if a remedy fails of its essential purpose.

13Indemnification

You agree to defend, indemnify, and hold harmless AdaptExec and its owners, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) materials, data, or instructions you provide; (b) your use of the deliverables or Services; (c) your products, services, marketing, or communications; (d) your violation of these Terms or any law; or (e) your violation of any third party’s rights.

14Website Use and Links

We may change, suspend, or discontinue any part of the website at any time without notice. Our website may contain links to third-party websites that we do not control, and we are not responsible for their content, products, or practices.

15Term, Cancellation, and Termination

• Cancellation by you. Unless an Order states otherwise, you may cancel recurring Services with at least 30 days’ written notice to support@adaptexec.com. Fees for the current billing period and any notice period are non-refundable.
• Project termination. If a project is terminated before completion for any reason, you agree to pay for all work performed and expenses incurred through the termination date, plus any non-cancelable commitments.
• Termination by us. We may suspend or terminate the Services or your access to the website at any time, with or without cause, including if you fail to pay, breach these Terms, or engage in abusive conduct toward our team.
• Effect of termination. Upon termination, you must pay all outstanding amounts. Sections that by their nature should survive termination, including those on payment, intellectual property, confidentiality, non-solicitation, disclaimers, limitation of liability, indemnification, and dispute resolution, will survive.

16Accounts, Access, and Credentials

If you give us access to your accounts or systems, you remain the owner and are responsible for maintaining appropriate permissions and security. We recommend granting delegated or user-level access rather than sharing primary passwords, and changing credentials when an engagement ends. We are not responsible for losses caused by credentials you share, by actions of other users of your accounts, or by security incidents outside our reasonable control.

17Electronic Communications

By using the Services, you consent to receive communications from us electronically, including by email, text message, and through our website or client portals, and you agree that electronic agreements, notices, approvals, and signatures satisfy any legal requirement that they be in writing. Written approval by email or message is sufficient to approve proposals, deliverables, and change requests.

18Dispute Resolution and Arbitration

Informal resolution. Before filing any claim, you agree to contact us at support@adaptexec.com and try to resolve the dispute informally for at least 30 days.

Binding arbitration. If the dispute is not resolved informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association under its applicable rules, before a single arbitrator, in Maricopa County, Arizona (or remotely, if the arbitrator allows). Judgment on the award may be entered in any court with jurisdiction. Either party may instead bring an individual claim in small claims court if it qualifies, and either party may seek injunctive relief in court to protect its intellectual property or Confidential Information.

Class action waiver. YOU AND ADAPTEXEC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. YOU AND ADAPTEXEC EACH WAIVE THE RIGHT TO A JURY TRIAL.

Time limit. To the extent permitted by law, any claim must be brought within one (1) year after it arises, or it is permanently barred.

19Governing Law and Venue

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-law rules. Subject to Section 18, any court proceeding will be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to the personal jurisdiction of those courts.

20Changes to These Terms

We may update these Terms at any time. When we do, we will post the updated version on this page and revise the “Last updated” date. Changes take effect when posted, except that changes will not apply retroactively to Orders already signed. Your continued use of the Services after changes are posted means you accept the updated Terms.

21General

• Entire agreement. These Terms, together with any Orders and our Privacy Policy, are the entire agreement between you and us regarding the Services and replace any prior understandings.
• Independent contractors. AdaptExec is an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
• Subcontractors. We may use employees, contractors, and subcontractors to perform the Services and remain responsible for their work under these Terms.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or to an affiliate.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, illness, power or internet outages, third-party platform failures, cyberattacks, labor disputes, or government actions.
• Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permissible, and the rest of these Terms will remain in effect.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Headings. Headings are for convenience only and do not affect interpretation.

22Contact Us

Questions about these Terms? Contact us:
AdaptExec
Scottsdale, Arizona
Email: support@adaptexec.com
Phone: (602) 584-0614