Terms of Service

Last Updated: May 28, 2025

Welcome to AutomateOurWork.com (the "Website"), owned and operated by Jesse Hernandez ("I", "Me", "My"), a sole proprietor based in the Dominican Republic. These Terms of Service ("Terms") govern your access to and use of My consulting and software development services (the "Services") and this Website.

By accessing the Website or using My Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website or My Services.

1. Services Offered

I provide independent consulting and software development services, including but not limited to:

• Workflow automation
• Application integration
• Custom software solutions
• AI-powered automation and solutions

The specific scope of services, deliverables, timelines, and fees for any project will be detailed in a separate written agreement or Statement of Work ("SOW") agreed upon by you (the "Client") and Me.

2. Client Responsibilities

To enable Me to provide the Services effectively, you agree to:

• Provide accurate and complete information as requested.
• Provide timely access to necessary systems, software, personnel, and data relevant to the project.
• Cooperate reasonably with Me to achieve the project goals.
• Ensure that you have all necessary rights and permissions for any data, software, or materials you provide to Me or ask Me to work with.

3. Fees and Payment

Fees for Services will be outlined in the applicable SOW or proposal. Unless otherwise agreed in the SOW:

• Payment terms will be specified in each invoice.
• Late payments may incur interest or result in a suspension of Services.
• All fees are generally non-refundable once work has commenced, except as expressly agreed in the SOW.

4. Intellectual Property

Pre-Existing Intellectual Property:

I retain all rights to My pre-existing intellectual property, including any tools, software, methodologies, or know-how I use to provide the Services ("My IP").

Client Materials:

You retain all rights to any materials, data, or pre-existing intellectual property you provide to Me ("Client IP").

Deliverables:

Upon your full and final payment for the Services as outlined in the SOW, you will own the specific custom software, code, and documentation created by Me exclusively for you as part of the project deliverables ("Deliverables"). I may retain a non-exclusive, royalty-free, worldwide license to use, reproduce, and modify any general concepts, techniques, and know-how developed during the provision of the Services, provided it does not include your Confidential Information or Client IP.

5. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information ("Confidential Information") disclosed by the other party in connection with the Services. This includes business processes, client data, technical information, and project details. Confidential Information will not be disclosed to any third party without prior written consent, except as required by law. This obligation will survive the termination of our engagement.

6. Warranties and Disclaimers

• I warrant that the Services will be performed in a professional and workmanlike manner, consistent with industry standards.
• EXCEPT AS EXPRESSLY STATED IN THIS SECTION, THE SERVICES AND WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
• I do not guarantee that the Services will be error-free, uninterrupted, or that they will meet all of your specific requirements. The success of automation and software projects can depend on various factors, including the complexity of your existing systems and processes.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MY TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO ME FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

IN NO EVENT SHALL I BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL) ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Term and Termination

• These Terms become effective upon your first use of the Website or Services and will remain in effect until terminated.
• Either party may terminate a specific SOW or project agreement as outlined within that SOW.
• I reserve the right to terminate or suspend your access to the Services if you breach these Terms or any SOW.
• Upon termination, you agree to pay for all Services performed up to the effective date of termination. Provisions that by their nature should survive termination (including, but not limited to, Confidentiality, Intellectual Property, Limitation of Liability, and Governing Law) shall survive.

9. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or in connection with them or the Services shall be governed by and construed in accordance with the laws of the Dominican Republic, without regard to its conflict of law principles.

The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services through good-faith negotiation. If the parties are unable to resolve the dispute through negotiation within thirty (30) days, such dispute shall be referred to and finally resolved by the competent courts of Santo Domingo, Dominican Republic.

10. Changes to Terms

I reserve the right to modify these Terms at any time. If I make changes, I will post the revised Terms on the Website and update the "Last Updated" date. Your continued use of the Website or Services after such changes constitutes your acceptance of the new Terms.

11. Contact Information

If you have any questions about these Terms, please contact me at:

Jesse Hernandez
[email protected]
www.automateourwork.com