Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website at genxusconsulting.com and any services provided by GenXus Consulting LLC ("GenXus," "we," "us," or "our"), including AI automation consulting, implementation, and related services. By using our site or engaging our services, you agree to these Terms.

01Acceptance of terms

By accessing the site, contacting us, or signing a service agreement, you confirm that you have read, understood, and agreed to these Terms and our Privacy Policy. If you do not agree, do not use the site or our services.

02Services we provide

GenXus provides AI automation consulting and implementation services to small businesses, real estate professionals, and similar clients. Specific scope, deliverables, timelines, and fees are governed by a separate written service agreement, proposal, statement of work, or invoice ("Service Agreement") that you and we sign or otherwise accept. Where the Service Agreement and these Terms conflict, the Service Agreement controls for that engagement.

03Eligibility

You must be at least 18 years old and able to form a binding contract under U.S. law to use our services. If you are using the services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

04Client engagement & communications

When you contact GenXus through our website, chat widget, email, or phone, you authorize us to respond using the contact information you provide. By providing your phone number for an engagement, you consent to receive transactional communications related to that engagement (for example, appointment reminders, project updates). For marketing SMS, separate opt-in consent applies — see our SMS Consent page.

05Fees, billing, and refunds

• Fees are set out in your Service Agreement, proposal, or invoice. Unless stated otherwise, fees are in U.S. dollars and exclude applicable taxes.
• Billing. Retainer and subscription clients are billed in advance. Project-based engagements are billed per the milestones in the Service Agreement.
• Late payment. Invoices unpaid for 15 days after the due date may be subject to suspension of services and a late fee of 1.5% per month or the maximum allowed by Texas law, whichever is lower.
• Refunds. Because consulting services are time-based and customized, fees for work already performed are non-refundable. Pre-paid amounts for services not yet performed may be refunded at our discretion, less any costs already incurred. Specific refund terms in your Service Agreement override this default.
• Disputed charges. Notify us in writing within 30 days of an invoice if you believe a charge is incorrect, and we will work in good faith to resolve it.

06Intellectual property & work product

Our property

The GenXus name, logo, website, methodologies, frameworks, templates, internal tools, and pre-existing materials are and remain our intellectual property. Nothing in these Terms transfers ownership of those assets to you.

Your property

You retain ownership of any business data, documents, or materials you provide to us. You grant GenXus a limited license to use those materials solely to perform the services.

Deliverables

Subject to full payment, custom deliverables we create specifically for you under a Service Agreement (such as a custom automation workflow tailored to your operations) are assigned to you upon final payment, except that GenXus retains the right to use general know-how, techniques, and non-confidential learnings gained during the engagement. Where a deliverable incorporates our pre-existing tools or templates, you receive a non-exclusive, perpetual, royalty-free license to use those embedded components solely as part of the deliverable.

07Confidentiality

Each party agrees to keep the other party's non-public business, technical, and financial information confidential and to use it only to perform under these Terms or the Service Agreement. This obligation continues for three (3) years after the engagement ends, except trade secrets remain confidential for as long as they qualify as such under applicable law.

08Acceptable use

You agree not to use our site or services to:

• Violate any applicable law, regulation, or third-party right.
• Attempt to gain unauthorized access to our systems or interfere with their operation.
• Send spam, malware, or any harmful content through systems we build or operate for you.
• Use any automation we build for unlawful, deceptive, or harassing purposes.

09Third-party tools

Our services often integrate with third-party platforms (for example, CRM software, messaging providers, AI APIs). Your use of those third-party services is governed by their own terms and policies. We are not responsible for the availability, accuracy, or content of third-party services, and we cannot guarantee continued integration if a third party changes its API or terms.

10Disclaimers

Our services are provided "as is" and "as available." To the maximum extent permitted by Texas law, GenXus disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

No guarantee of business results. While we work hard to produce strong outcomes, GenXus does not guarantee any specific business result, revenue, return on investment, time savings, or success metric. Examples in marketing materials (including the Time Savings Calculator) are illustrative estimates only — not promises. Actual results depend on factors outside our control, including your industry, market, team, and execution.

11Limitation of liability

To the maximum extent permitted by Texas law:

• GenXus will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, or business interruption, arising out of or related to these Terms or our services, even if we have been advised of the possibility of such damages.
• Our total aggregate liability for any claim arising from these Terms or our services is limited to the greater of (a) the fees actually paid by you to GenXus in the twelve (12) months preceding the event giving rise to the claim, or (b) one thousand U.S. dollars ($1,000).

Some jurisdictions do not allow these limitations, in which case the limitations apply only to the extent permitted by law.

12Indemnification

You agree to defend, indemnify, and hold harmless GenXus, its officers, members, employees, and contractors from any third-party claim, loss, liability, or expense (including reasonable attorneys' fees) arising from (a) your use of the services or website, (b) your violation of these Terms, (c) your violation of applicable law, or (d) data or materials you provide to us.

13Termination

Either party may terminate a Service Agreement according to its terms. We may suspend or terminate your access to the site or services at any time for breach of these Terms, non-payment, or any conduct we reasonably believe is harmful to GenXus, our clients, or third parties. Upon termination, your payment obligations for services already performed survive, along with sections on Intellectual Property, Confidentiality, Disclaimers, Limitation of Liability, Indemnification, and Governing Law.

14Governing law & disputes

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles. The parties agree that the exclusive venue for any dispute arising out of or relating to these Terms or the services is the state or federal courts located in Harris County, Texas, and the parties consent to the personal jurisdiction of those courts.

Before filing any lawsuit, the parties agree to attempt good-faith resolution by direct discussion for at least thirty (30) days. Either party may pursue equitable relief (injunction) in court at any time without that waiting period.

15Changes to these terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent revision. If we make material changes, we will provide reasonable notice (for example, by email or a banner on the site). Continued use of the site or services after the effective date constitutes acceptance of the revised Terms.

16Contact us

These Terms of Service are provided for general informational purposes and do not constitute legal advice. We recommend you consult a qualified Texas-licensed attorney to confirm these Terms fit your specific business and risk profile.