Terms & Conditions

Agreement to Terms

By accessing or using ThriveEngineering's website and services, you agree to be bound by these Terms and Conditions. If you disagree with any part of these terms, you may not access our services.

Services Description

ThriveEngineering provides engineering leadership consulting services, including but not limited to:

• Flow Diagnostic and WIP Diet programs
• Engineering team transformation consulting
• Leadership development and coaching
• Process optimization and workflow improvement
• Custom consulting engagements

Specific terms for each engagement will be outlined in a separate Statement of Work (SOW) or consulting agreement.

Engagement Terms

Scope of Work

Each consulting engagement will be governed by a Statement of Work that defines:

• Specific deliverables and timelines
• Pricing and payment terms
• Client responsibilities and commitments
• Success criteria and metrics

Payment Terms

Unless otherwise specified in the SOW:

• Payment is due within 30 days of invoice date unless otherwise agreed
• Late payments may incur interest charges at a rate of 1.5% per month
• Services may be suspended for accounts more than 30 days overdue
• All fees are quoted in USD unless otherwise specified

Cancellation and Refunds

Cancellation terms vary by engagement type:

• 2-Week Flow Diagnostic: 14-Day Quick Wins guarantee applies. If no measurable wins are achieved within 14 days, we will add 1 week of service at no additional cost.
• Other Engagements: Cancellation terms will be specified in the SOW. Generally, work completed to date will be billed at the agreed-upon rates.
• Clients must provide written notice of cancellation via email.

Client Responsibilities

To ensure successful engagement outcomes, clients agree to:

• Provide timely access to necessary team members, data, and systems
• Participate actively in scheduled meetings and workshops
• Implement agreed-upon recommendations in good faith within reasonable timeframes
• Provide honest feedback and communicate concerns promptly
• Maintain confidentiality of proprietary methodologies and materials

Intellectual Property

Our IP

ThriveEngineering retains all rights to:

• Proprietary methodologies, frameworks, and processes (e.g., Flow Diagnostic, WIP Diet, Feature Shepherd role)
• Templates, tools, and materials developed prior to engagement
• General knowledge and expertise gained through engagements

Client IP

Clients retain all rights to:

• Their proprietary information, code, and business data
• Customized deliverables created specifically for their organization
• Implementation artifacts and documentation produced during the engagement

Confidentiality

Both parties agree to maintain confidentiality of:

• Proprietary business information, strategies, and trade secrets
• Technical information, code, and system architecture
• Financial information and business metrics
• Personnel information and organizational details

Confidential information may be disclosed only:

• With prior written consent
• As required by law
• To professional advisors under confidentiality obligations

ThriveEngineering may use anonymized case studies and general insights for marketing purposes, with client approval.

Limitation of Liability

To the fullest extent permitted by law:

• ThriveEngineering provides consulting services and recommendations based on professional expertise and industry best practices
• We do not guarantee specific business outcomes or results, as success depends on multiple factors including client implementation and external circumstances
• Our total liability for any claim shall not exceed the total fees paid for the specific engagement giving rise to the claim
• We are not liable for indirect, incidental, consequential, or punitive damages

Warranties and Disclaimers

ThriveEngineering warrants that:

• Services will be performed in a professional and workmanlike manner
• We have the necessary expertise and qualifications to provide the services

EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

Termination

Either party may terminate an engagement:

• For convenience with 30 days written notice (unless otherwise specified in SOW)
• Immediately for material breach that remains uncured after 15 days written notice
• Immediately if the other party becomes insolvent or files for bankruptcy

Upon termination, client shall pay for all services rendered through the termination date.

Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or our services shall first be attempted to be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after changes constitutes acceptance of the modified Terms.

For active engagements, material changes to Terms will be communicated directly and will not affect existing SOWs unless mutually agreed.

Contact Information

For questions about these Terms or to discuss an engagement, please contact us: