Terms and Conditions

Our consulting and coaching services are built on partnership and collaboration. While we bring expertise, proven methodologies, and industry insights, your success ultimately depends on your commitment to implementing our recommendations and following through on agreed-upon strategies. These terms clarify this shared responsibility and protect both parties as we work together toward your business goals.

Key Points to Understand:

• Our services are advisory in nature and require your active participation and implementation

• Results depend on your follow-through, resources, and organizational commitment

• We provide expert guidance based on industry best practices, but cannot guarantee specific outcomes

• You remain responsible for all business decisions, legal compliance, and operational safety

We encourage you to read these Terms and Conditions carefully. If you have any questions or concerns, please contact us before engaging our services. By using our website or services, you agree to these terms.

Thank you for considering AB Forma as your trusted partner in construction business excellence.

1. Acceptance of Terms

By accessing or using the AB Forma website (www.abforma.io), engaging our consulting services, or participating in our coaching programs, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, you must not use our services or website.

2. Modification of Terms

AB Forma reserves the right to modify, amend, or update these Terms and Conditions at any time without prior notice. Your continued use of our services after any such changes constitutes your acceptance of the new terms. It is your responsibility to review these terms periodically.

3. Services Description

AB Forma provides consulting and coaching services to construction companies in the areas of operational excellence, AI readiness and literacy, and business advisory. All services are provided on an advisory basis only. Our recommendations, strategies, and guidance are based on our professional opinion and industry experience but do not guarantee specific outcomes or results.

4. No Guarantees or Warranties

CRITICAL DISCLAIMER: AB Forma makes no representations, warranties, or guarantees of any kind, express or implied, regarding:

• The accuracy, completeness, or reliability of any advice, recommendations, or information provided

• The achievement of specific business outcomes, cost savings, efficiency improvements, or revenue increases

• The suitability of our recommendations for your specific business circumstances

• The results you may obtain from implementing our strategies or advice

• The performance of any AI systems, technologies, or tools we recommend or assist you in implementing

ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.

5. Client Responsibilities and Follow-Through

Implementation Obligation: You acknowledge and agree that the success of any consulting or coaching engagement depends entirely on your commitment to and execution of the recommendations provided. AB Forma is not responsible for:

• Your failure to implement recommended strategies, processes, or systems

• Incomplete or partial implementation of our advice

• Your failure to allocate adequate resources, time, or personnel to implementation

• Changes you make to our recommendations without consulting us

• Your failure to maintain implemented systems or processes over time

• Internal resistance, organizational challenges, or lack of follow-through within your company

Client Cooperation: You agree to provide timely, accurate, and complete information as requested by AB Forma. Any delays, inaccuracies, or omissions in the information you provide may compromise the quality and effectiveness of our services, and AB Forma shall not be held liable for any consequences resulting from such issues.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

AB Forma, its officers, directors, employees, agents, contractors, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or relating to:

• Your use of or inability to use our services

• Any advice, recommendations, or information provided by AB Forma

• Your implementation or failure to implement our recommendations

• Any business decisions made based on our consulting or coaching services

• Lost profits, lost revenue, lost business opportunities, or business interruption

• Errors or omissions in any materials, reports, or deliverables we provide

• Any third-party products, services, or technologies we recommend

• Data loss, system failures, or cybersecurity incidents

• Regulatory compliance issues or legal violations

AGGREGATE LIABILITY CAP: In no event shall AB Forma's total aggregate liability to you for all claims arising from or relating to our services exceed the total amount of fees you have actually paid to AB Forma in the twelve (12) months preceding the claim.

7. Indemnification

You agree to indemnify, defend, and hold harmless AB Forma and its officers, directors, employees, agents, contractors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or relating to:

• Your use of our services

• Your implementation of our recommendations

• Your violation of these Terms and Conditions

• Your violation of any applicable laws or regulations

• Your negligence or willful misconduct

• Any claims by third parties arising from your business operations

• Any misrepresentation of information provided to AB Forma

8. Professional Advice Disclaimer

Not Legal, Financial, or Technical Advice: While AB Forma provides business advisory services, our advice should not be construed as legal advice, accounting advice, financial advice, engineering advice, or technical specifications. You are responsible for consulting with appropriate licensed professionals (attorneys, accountants, engineers, etc.) before implementing any recommendations that may have legal, financial, regulatory, or technical implications.

Independent Judgment: You acknowledge that you are solely responsible for evaluating our recommendations and exercising independent business judgment before making any decisions or taking any actions based on our services.

9. AI and Technology Disclaimers

AI Technology Risks: You acknowledge that artificial intelligence and emerging technologies involve inherent risks, limitations, and uncertainties. AB Forma makes no guarantees regarding:

• The accuracy, reliability, or performance of any AI systems or tools

• The absence of errors, biases, or unintended consequences in AI implementations

• Compliance with future AI regulations or standards

• The continued availability or support of third-party AI platforms and services

• Data security or privacy protection in AI systems

Technology Changes: You acknowledge that technology evolves rapidly, and any recommendations regarding AI readiness, technology adoption, or digital transformation may become outdated or require modification over time.

10. Confidentiality and Intellectual Property

Our Intellectual Property: All methodologies, frameworks, templates, reports, presentations, and other materials created by AB Forma remain our exclusive intellectual property. You are granted a limited, non-exclusive, non-transferable license to use these materials solely for your internal business purposes.

Client Confidentiality: AB Forma will maintain the confidentiality of your proprietary business information in accordance with our Privacy Policy and any separate confidentiality agreement. However, we are not liable for inadvertent disclosures or for information that becomes publicly available through no fault of ours.

11. Payment Terms and Cancellation

Payment Obligations: You agree to pay all fees as specified in your service agreement or engagement letter. Fees are non-refundable except as expressly stated in your written service agreement.

Cancellation: Either party may terminate services according to the terms specified in your service agreement. You remain obligated to pay for all services rendered prior to the effective termination date.

Late Payment: Late payments may incur interest charges and may result in suspension or termination of services.

12. Force Majeure

AB Forma shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, pandemics, internet or telecommunications failures, or other events of force majeure.

13. Construction Industry Specific Disclaimers

Project-Specific Risks: You acknowledge that construction projects involve unique risks, variables, and complexities. Our recommendations are general in nature and may require adaptation to specific projects, sites, regulatory environments, and contractual obligations.

Safety Compliance: While we may provide guidance on operational excellence, you remain solely responsible for workplace safety, OSHA compliance, and all safety-related decisions and implementations.

Regulatory Compliance: You are solely responsible for ensuring compliance with all applicable federal, state, and local laws, regulations, building codes, permitting requirements, and industry standards.

14. Third-Party Services and Products

AB Forma may recommend or facilitate the use of third-party services, software, platforms, or products. We make no representations or warranties regarding these third-party offerings and are not responsible for their performance, availability, pricing, or terms of service. Your use of third-party services is governed by their respective terms and conditions.

15. Data and Measurement Disclaimers

Baseline Data: The effectiveness of our recommendations depends on accurate baseline data and metrics. We are not responsible for inaccuracies in data you provide or for your inability to measure and track results.

Benchmarking Limitations: Industry benchmarks and comparative data we provide are for informational purposes only and may not reflect your specific circumstances, market conditions, or operational context.

16. Dispute Resolution and Governing Law

Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of WY, without regard to its conflict of law provisions.

Arbitration: Any dispute arising from or relating to these Terms and Conditions or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in WY. You waive any right to a jury trial or to participate in a class action.

Exceptions: Either party may seek injunctive relief in court to protect intellectual property rights or confidential information.

17. Severability

If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms and Conditions, together with any written service agreement or engagement letter you sign, constitute the entire agreement between you and AB Forma regarding our services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties.

19. No Partnership or Agency

Nothing in these Terms and Conditions shall be construed to create a partnership, joint venture, employment, or agency relationship between you and AB Forma. Neither party has authority to bind the other or incur obligations on the other's behalf.

20. Survival

The provisions regarding limitation of liability, indemnification, intellectual property, confidentiality, dispute resolution, and any other provisions that by their nature should survive termination shall remain in effect after termination of services.

21. Assignment

You may not assign or transfer these Terms and Conditions or any rights hereunder without AB Forma's prior written consent. AB Forma may assign these Terms and Conditions without restriction.

22. Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. AB Forma's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

23. Contact Information

For questions regarding these Terms and Conditions, please contact:

AB Forma
Website: www.abforma.io
Email: info@abforma.io

ACKNOWLEDGMENT:

BY USING OUR WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT YOUR SUCCESS DEPENDS ON YOUR OWN EFFORTS, FOLLOW-THROUGH, AND IMPLEMENTATION, AND THAT AB FORMA MAKES NO GUARANTEES REGARDING SPECIFIC OUTCOMES OR RESULTS.