Last updated: March 1, 2026
These Terms of Service (“Terms”) govern your access to and use of the website, services, and consulting engagements provided by Consigliere, a DBA of Distinguished Automations, Inc. (“Company,” “we,” “us,” or “our”), operating under the laws of the State of California. By accessing our website or engaging our services, you agree to be bound by these Terms.
Consigliere provides go-to-market consulting, AI-powered sales infrastructure, and strategic advisory for early-stage startups (“Services”). The specific scope, deliverables, timeline, and fees for any engagement will be set forth in a separate Statement of Work (“SOW”) or engagement letter mutually agreed upon by the parties.
Our Services are intended for business use only. By engaging our Services, you represent that you are at least 18 years of age and have the authority to bind the entity on whose behalf you are contracting.
Each consulting engagement is governed by an individual SOW that may include:
In the event of a conflict between these Terms and an executed SOW, the SOW shall control with respect to the subject matter of that engagement.
Fees for Services are as specified in the applicable SOW. Unless otherwise agreed, retainer fees are due in advance on a monthly basis. Late payments may accrue interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less. Client is responsible for all costs of collection, including reasonable attorneys’ fees.
All frameworks, methodologies, templates, training materials, and proprietary tools developed by the Company prior to or independent of any engagement remain the exclusive property of the Company (“Company IP”). Client is granted a non-exclusive, non-transferable license to use Company IP solely in connection with the Services during the term of the engagement.
Work product created specifically for the Client during an engagement (“Client Deliverables”) shall be owned by the Client upon full payment, subject to the Company’s retained rights in underlying Company IP.
Each party agrees to hold in confidence all non-public information disclosed by the other party in connection with the Services (“Confidential Information”). Confidential Information shall not be disclosed to third parties or used for any purpose other than performing or receiving the Services, except as required by law.
Where Services include AI agent implementation, the following additional terms apply:
To the maximum extent permitted by California law, in no event shall the Company’s total liability for any claim arising out of or relating to these Terms or the Services exceed the total fees paid by Client in the six (6) months preceding the claim. In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or revenue.
Services are provided “as is” and “as available.” Except as expressly set forth in an SOW, the Company makes no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company does not guarantee any specific business outcomes, revenue targets, or results from the Services.
Client agrees to indemnify and hold harmless the Company from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from Client’s use of the Services, violation of these Terms, or infringement of any third-party rights.
Either party may terminate an engagement upon thirty (30) days’ written notice, unless otherwise specified in the applicable SOW. Upon termination, Client shall pay for all Services rendered through the effective date of termination. Sections 5, 6, 8, 9, and 10 shall survive termination.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any dispute arising under these Terms shall first be submitted to good-faith mediation in San Francisco County, California. If mediation is unsuccessful, disputes shall be resolved by binding arbitration administered by JAMS in San Francisco, California, in accordance with its Comprehensive Arbitration Rules.
The content on this website is provided for informational purposes only and does not constitute professional advice. While we strive to keep information accurate and current, we make no representations or warranties about the completeness or accuracy of website content.
We reserve the right to modify these Terms at any time. Material changes will be posted on this page with an updated “Last updated” date. Continued use of the website or Services after changes constitutes acceptance of the modified Terms.
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
For questions about these Terms, contact us at:
Consigliere (Distinguished Automations, Inc.)
San Francisco, California
josh@losingbydesign.com