Tiny Swell – Terms of Service

    Effective Date: May 22, 2025

    Welcome to Tiny Swell! These Terms of Service ("Terms") govern your use of services provided by Tiny Swell ("Tiny Swell," "I," "my," or "me"). By engaging with my services, you agree to be bound by these Terms.

    1. Services

    Tiny Swell provides consulting, advisory, and strategic services tailored to help businesses grow and optimize their operations. My services include but are not limited to business strategy consulting, operational improvements, digital transformation guidance, and implementation support. The specific scope of work, timelines, deliverables, and fees for any engagement will be outlined in a separate written agreement, proposal, or statement of work (SOW) mutually agreed upon prior to the commencement of services.

    2. Client Responsibilities

    To ensure a successful and productive engagement, clients agree to:

    • Provide timely access to relevant information, data, team members, and systems necessary for the completion of work
    • Respond to requests for feedback, approvals, and clarifications within reasonable timeframes as specified in the engagement agreement
    • Respect agreed-upon project scopes, timelines, milestones, and deliverables
    • Designate appropriate internal resources and decision-makers for the engagement
    • Maintain open and professional communication throughout the project duration

    Failure to meet these responsibilities may impact the quality, timeliness, or successful completion of services, and may result in project delays or additional costs.

    3. Payment Terms

    Unless otherwise specified in a written agreement:

    • Invoices will be issued according to the payment schedule outlined in your proposal, SOW, or engagement letter
    • Payment is due within 30 days of the invoice date unless otherwise specified
    • Late payments may incur a late fee of 1.5% per month (18% annually) or the maximum amount allowed by applicable law, whichever is less
    • All payments should be made in U.S. dollars unless otherwise agreed
    • Tiny Swell reserves the right to pause, suspend, or terminate services in the event of nonpayment or breach of payment terms
    • Client is responsible for any collection costs, including reasonable attorney fees, incurred due to nonpayment

    4. Cancellations and Refunds

    Clients may cancel services with 30 days' written notice. If cancellation occurs after work has commenced, the client will be responsible for payment for all services rendered to date, including work in progress and any non-refundable expenses incurred on behalf of the client. Tiny Swell does not provide refunds for completed work or services already delivered.

    5. Confidentiality and Non-Disclosure

    Both parties acknowledge that they may have access to certain confidential information of the other party. Both parties agree to:

    • Maintain the confidentiality of any proprietary, sensitive, or confidential information shared during the course of the engagement
    • Not disclose such information to third parties without prior written consent
    • Use confidential information solely for the purposes of the engagement
    • Return or destroy all confidential materials upon completion or termination of services

    Confidential information includes but is not limited to business processes, customer data, financial information, product information, strategic plans, and internal documentation.

    6. Intellectual Property

    Unless otherwise agreed in writing:

    • Any deliverables, recommendations, or work products created by Tiny Swell during the engagement may be used by the client for their internal business purposes
    • Client retains ownership of their pre-existing intellectual property and data
    • Tiny Swell retains the right to use general knowledge, skills, experience, and ideas gained during the engagement in future work for other clients
    • Tiny Swell may showcase anonymized, non-confidential versions of work in portfolios, case studies, or promotional materials unless specifically restricted by confidentiality agreement
    • Any tools, methodologies, or frameworks developed by Tiny Swell remain the intellectual property of Tiny Swell

    7. Disclaimer of Warranties

    Tiny Swell provides services on an "as-is" basis and makes no warranties, express or implied, including but not limited to warranties of fitness for a particular purpose, merchantability, or non-infringement. While I strive to deliver high-quality, professional services and achieve optimal outcomes, I cannot guarantee specific business results, performance improvements, or financial returns. All recommendations and advice are based on information provided by the client and industry best practices at the time of engagement.

    8. Limitation of Liability

    To the fullest extent permitted by applicable law:

    • Tiny Swell's total liability for any claims arising out of or related to services provided shall not exceed the total amount paid by client to Tiny Swell under the applicable engagement
    • Tiny Swell shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, lost business opportunities, or business interruption
    • These limitations apply regardless of the theory of liability, whether based on warranty, contract, statute, tort, or otherwise

    9. Indemnification

    Client agrees to indemnify, defend, and hold harmless Tiny Swell from and against any claims, damages, losses, costs, and expenses (including reasonable attorney fees) arising from or related to client's use of services, breach of these Terms, or violation of any applicable laws or third-party rights.

    10. Force Majeure

    Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

    11. Independent Contractor Relationship

    Tiny Swell is an independent contractor and not an employee, partner, or agent of client. No joint venture, partnership, employment, or agency relationship exists between the parties as a result of these Terms or the engagement.

    12. Governing Law and Dispute Resolution

    These Terms are governed by the laws of Delaware, without regard to conflict of law principles. Any disputes arising out of or relating to these Terms or the services provided shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The prevailing party in any dispute shall be entitled to recover reasonable attorney fees and costs.

    13. Severability

    If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

    14. Entire Agreement

    These Terms, together with any applicable SOW, proposal, or engagement letter, constitute the entire agreement between the parties and supersede all prior or contemporaneous communications, proposals, and agreements relating to the subject matter hereof.

    15. Modification of Terms

    Tiny Swell reserves the right to update or modify these Terms at any time with reasonable notice to clients. The most current version will always be posted on our website. Continued engagement of services after changes constitutes acceptance of the revised Terms. Material changes to existing engagements will require mutual written agreement.

    16. Contact Information

    If you have questions about these Terms or need to provide any notices required hereunder, please contact me at:

    Tiny Swell
    TJ Stein
    tj@tinyswell.com

    Last Updated: May 22, 2025

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