Terms of Service

Welcome to Bite Size Elephant

We're excited to work with you! These Terms of Service ("Terms") are like a handshake agreement between you and Bite Size Elephant Consulting LLC ("we," "us," or "our"). They cover our consulting services, digital products, and newsletter subscriptions. We've written these terms in plain English because we believe complex legal concepts should be as manageable as, well, eating an elephant—one bite at a time.

1. Who Can Use Our Services

The basics: You need to be at least 18 years old and have the legal authority to enter into contracts. If you're agreeing on behalf of a company, you're promising you have the power to bind that company to these terms.

For businesses: When you engage us as a company representative, you warrant that you have full authority to execute agreements on behalf of your organization. We'll need verification of your authority if the engagement exceeds $50,000.

2. Our Consulting Services

What we do: We provide product strategy and management consulting to help growing companies and startups thrive. Our approach is collaborative, transparent, and focused on delivering real value.

How we work together:

• Scope definition: We'll agree on specific deliverables, timelines, and success metrics in a written statement of work
• Your responsibilities: You'll provide timely access to information, key stakeholders, and feedback needed for project success
• Our standards: We deliver professional-quality work using industry best practices, but we don't guarantee specific business outcomes

Changes to scope: Business needs evolve. We can adjust project scope through written change orders that both parties approve.

3. Digital Products and Apps

License grant: When you purchase our digital products, you receive a non-exclusive, non-transferable license to use them for your business purposes. Think of it like buying a book—you own your copy but can't reproduce and sell it.

What you can't do:

• Reverse engineer or decompile our software
• Share login credentials or resell access
• Use our products to compete directly with us
• Remove any copyright or proprietary notices

Updates and support: We may release updates to improve functionality or security. While we strive for continuous improvement, we don't guarantee perpetual support or compatibility with all systems.

4. Newsletter Subscriptions

What you're signing up for: Our newsletter delivers actionable insights on product strategy and management. We typically send emails weekly, but frequency may vary based on content quality over quantity.

Your control: You can unsubscribe anytime using the link in any email. We process unsubscribe requests immediately—no hoops to jump through.

Content usage: Newsletter content is for your professional development. Feel free to share individual insights with attribution, but please don't republish entire issues.

5. Payment Terms

Consulting services:

• Payment schedule: Net 30 days from invoice date
• Retainers: For ongoing engagements, we may require monthly retainers
• Large projects: 50% deposit required for projects over $10,000

Digital products: Payment due at time of purchase via accepted payment methods.

Subscriptions: Billed at the beginning of each billing period. Annual plans offer a discount but require full upfront payment.

Late payments: We understand cash flow challenges, but late payments incur 1.5% monthly interest after a 10-day grace period. We may suspend services for payments over 60 days past due.

6. Cancellations and Refunds

Consulting services: Either party may terminate with 30 days written notice. You'll pay for work completed through the termination date.

Digital products: 30-day money-back guarantee if you're not satisfied. Simply email us explaining why the product didn't meet your needs.

Subscriptions:

• Cancel anytime; access continues through the paid period
• Annual plans: Pro-rated refund minus 20% early termination fee
• No refunds for monthly subscriptions after the billing period begins

7. Intellectual Property

The deal: You own what we create specifically for you. We retain rights to our pre-existing tools, methodologies, and general knowledge.

Specifically:

• Custom deliverables: All reports, strategies, and recommendations created exclusively for you become your property upon full payment
• Our toolkit: We keep ownership of frameworks, templates, and processes we've developed over time
• Improvements: If we enhance our methods while working with you, those improvements remain ours
• Attribution: We may list you as a client and describe our work in general terms unless you request confidentiality

8. Confidentiality

Mutual respect: We both may share sensitive information. We agree to protect each other's confidential information with the same care we use for our own.

What's confidential: Any non-public information marked confidential or that a reasonable person would consider sensitive.

Exceptions: Information that's publicly available, independently developed, or legally required to be disclosed.

Duration: Our confidentiality obligations survive for 5 years after our engagement ends.

9. Limited Warranty and Liability

Our promise: We'll perform services with professional skill and care. If we fall short, we'll work to make it right.

Reality check: Consulting involves judgment calls and market uncertainties. We can't guarantee specific business results.

Liability limits: Except for breaches of confidentiality or willful misconduct, our maximum liability is the lesser of:

• Total fees you've paid us in the 12 months before the claim
• $100,000

Mutual protection: Neither party is liable for indirect, incidental, or consequential damages, even if warned of their possibility.

10. Indemnification

You protect us from: Claims arising from your use of our deliverables, your business operations, or inaccurate information you provide.

We protect you from: Claims that our original work infringes third-party intellectual property rights.

Process: The protected party must promptly notify the protecting party of claims and cooperate in defense.

11. Dispute Resolution

Talk first: Before involving lawyers, we'll spend 30 days trying to resolve disputes directly.

Mediation second: If talking fails, we'll try mediation with a neutral third party.

Arbitration last: Unresolved disputes go to binding arbitration under AAA rules. This is usually faster and less expensive than court.

Exceptions: Either party may seek injunctive relief for intellectual property violations or breaches of confidentiality.

12. General Legal Stuff

Governing law: Delaware law governs these terms (it's business-friendly and predictable).

Entire agreement: These terms plus any signed statements of work constitute our complete agreement.

Updates: We may update these terms with 30 days notice for material changes.

Severability: If a court invalidates any provision, the rest remains in effect.

Force majeure: Neither party is liable for delays caused by circumstances beyond reasonable control, including pandemics, natural disasters, or technology failures lasting over 48 hours.

Electronic signatures: Digital signatures and clickwrap agreements are legally binding.

13. Contact Us

Bite Size Elephant, LLC
2566 S Arlington Mill Dr Apt A
Arlington VA 22206
legal@bitesizeelephant.com
+1 (571) 286-0043

For legal notices: legal@bitesizeelephant.com