Service Agreement

Section 01

Parties and Definitions

This Service Agreement ("Agreement") is entered into between TOM Enterprise, an Arizona-based nonprofit creative incubator with EIN 42-1915663, operating at tomenterprise.org ("TOM," "we," "us," or "our"), and the individual or entity who enrolls in or books any TOM program or service ("Client," "you," or "your").

For the purposes of this Agreement, the following definitions apply:

Section 02

Scope of Services

TOM will provide Services as described at the time of booking or enrollment, including via the TOM website (tomenterprise.org), a written service proposal, or a Session scope document. The specific deliverables, session count, format, and timeline for each engagement are defined at the time of booking.

What TOM Provides

• Structured coaching, mentorship, and instruction aligned with TOM's core pillars: Creative Excellence, Strategic Mentorship, Financial Literacy, and Community First.
• Written deliverables as specified per engagement (brand strategy documents, business plans, voice guides, visual identity files, 90-day action plans, etc.).
• Access to group cohort programming, workshops, and community resources as applicable to the Client's enrollment tier.
• Reasonable responsiveness between scheduled Sessions for questions directly related to the current engagement, via email or the designated communication channel.

What TOM Does Not Provide

• Legal advice. Nothing in TOM's Services constitutes legal counsel. TOM is not a law firm and TOM facilitators are not attorneys. Clients should consult licensed legal counsel for legal questions.
• Accounting or tax advice. TOM's financial literacy programming is educational. It does not constitute professional accounting, tax, or financial planning advice. Clients should consult licensed professionals for those services.
• Guaranteed outcomes. TOM provides education, tools, frameworks, and mentorship. Business results depend on the Client's own effort, decisions, and circumstances. TOM does not guarantee revenue targets, funding outcomes, or business success.
• Unlimited access. Sessions and engagement scope are defined at booking. Services beyond the agreed scope require a separate booking and additional fees.

Section 03

Enrollment and Booking

Engagement with TOM Services begins when the Client completes the applicable intake or booking process, which may include one or more of the following: completing a Discovery Call, submitting an application (for the Legacy Builder Cohort), booking a Session via TOM's scheduling platform, or submitting payment or a deposit.

Legacy Builder Cohort Enrollment

Enrollment in the Legacy Builder Cohort is subject to TOM's application and intake process, including the Surgical Logic scoring review. Acceptance is at TOM's sole discretion. Submission of an application does not guarantee acceptance. Enrollment is confirmed only upon written notice from TOM and receipt of an enrollment deposit or first payment.

Standalone Session Booking

Standalone Sessions may be booked through TOM's scheduling platform (Acuity or the equivalent designated booking tool) without a prior application. Booking a Session constitutes the Client's agreement to this Service Agreement and TOM's Session policies, including the cancellation policy in Section 06.

Client Eligibility

TOM's Services are designed for adults (18 years of age or older) who are creative entrepreneurs, solopreneurs, first-generation founders, or career transitioners. By enrolling or booking, the Client represents that they are 18 or older and that their use of TOM's Services is for lawful purposes related to their creative business.

Section 04

Fees and Payment

Fees for TOM Services are as stated on the TOM website or in a written service proposal at the time of booking. All fees are stated in U.S. dollars. TOM reserves the right to update its fee schedule at any time; changes will not apply to engagements already confirmed in writing.

Payment Terms

• Standalone Sessions: Payment is due at the time of booking unless otherwise agreed in writing. Unpaid Sessions may be cancelled at TOM's discretion.
• Legacy Builder Cohort: A non-refundable enrollment deposit is due upon acceptance. The remaining balance is due as specified in the enrollment confirmation. Payment plans may be available — see Section 05.
• Multi-session engagements: Payment schedule will be specified in the written service proposal. A deposit is typically due before work begins, with the balance due upon delivery of final deliverables or per an agreed milestone schedule.

Late Payments

If a Client fails to make a scheduled payment within seven (7) days of the due date, TOM reserves the right to pause Services until the account is brought current. TOM will provide written notice before pausing Services. Persistent non-payment may result in termination of the engagement per Section 15 (General Provisions).

Payment Methods

TOM accepts payment via the methods available through its booking and payment platforms at the time of enrollment. TOM does not accept cash for remote engagements. Accepted methods will be confirmed at the time of booking.

Section 05

Sliding Scale Policy

TOM is committed to the principle that no qualified founder should be turned away solely for financial hardship. TOM offers sliding scale pricing across its Services, subject to availability, the Client's demonstrated need, and TOM's capacity at the time of enrollment.

Payment Plans

Payment plans (dividing the total fee into installments) are available for multi-session engagements and cohort enrollment at TOM's discretion. Payment plan terms will be confirmed in writing at enrollment. Failure to maintain an agreed payment plan may result in a pause of Services per Section 04.

Section 06

Cancellation and Refunds

Client Cancellation — Standalone Sessions

• 48 hours or more before the Session: Full credit toward a future Session. No forfeiture.
• Less than 48 hours before the Session: Session fee is forfeited. TOM will offer a one-time exception for documented emergencies at TOM's discretion.
• No-show (no notice given): Session fee is forfeited. A second no-show within the same engagement may result in suspension of future bookings.

Client Cancellation — Legacy Builder Cohort

• Before Week 1 begins: Enrollment deposit is non-refundable. Any balance paid beyond the deposit will be refunded in full within 10 business days.
• Weeks 1–3: Enrollment deposit and fees paid for completed weeks are non-refundable. Remaining balance is waived. No partial refund is issued for weeks already delivered.
• Week 4 and beyond: No refund is available. The full program fee is considered earned by TOM for services rendered.
• Clients who withdraw from the cohort may apply for re-enrollment in a future cohort cycle, subject to availability and a new intake review, at TOM's discretion.

TOM Cancellation

If TOM cancels a Session due to scheduling conflicts or facilitator unavailability, TOM will reschedule the Session at the Client's convenience at no additional cost. If TOM cancels a cohort cycle before it begins, all fees paid (including deposits) will be refunded in full within 10 business days. TOM is not responsible for cancellations caused by circumstances outside TOM's control (force majeure), though TOM will make reasonable efforts to reschedule.

Rescheduling

Clients may reschedule a Session with at least 24 hours' notice without penalty. Rescheduling requests with less than 24 hours' notice are treated as cancellations per the policy above.

Section 07

Client Conduct

TOM maintains a professional, supportive, and equitable environment for all Clients and facilitators. By enrolling in or booking any TOM Service, the Client agrees to the following conduct standards:

• Treat TOM facilitators, staff, and fellow cohort participants with respect in all interactions — in-person, virtual, and in any TOM community spaces.
• Arrive prepared for scheduled Sessions, having completed any pre-session work or materials as communicated in advance.
• Engage honestly and in good faith — TOM's work is only as effective as the information and context the Client brings to each engagement.
• Refrain from recording Sessions (audio or video) without TOM's explicit written consent prior to the Session.
• Refrain from any conduct that is discriminatory, harassing, threatening, or disruptive to other Clients or TOM staff.
• Use TOM's Services, materials, and community spaces only for lawful, legitimate creative business purposes.

Grounds for Termination

TOM reserves the right to terminate a Client's enrollment or access to Services, without refund, if the Client engages in conduct that is abusive, threatening, discriminatory, or materially disruptive to TOM's programs or community. TOM will provide written notice and, where circumstances allow, an opportunity to remedy the conduct before termination.

Section 08

Intellectual Property

Client Ownership of Deliverables

Upon receipt of full payment for an engagement, TOM assigns to the Client full ownership of all Deliverables produced specifically for that Client during the engagement — including brand identity assets, written strategic plans, messaging documents, and visual identity files. The Client may use, modify, reproduce, and distribute their Deliverables for any lawful business purpose without restriction or ongoing fees to TOM.

TOM's Retained Rights

TOM retains ownership of all frameworks, methodologies, templates, curriculum, worksheets, presentation materials, and educational content developed by TOM and used in the delivery of Services. Transfer of Deliverables to the Client does not transfer TOM's underlying frameworks, methodologies, or proprietary tools, which remain exclusively owned by TOM Enterprise.

TOM retains the right to reference the Client's engagement (without disclosing confidential information) in TOM's portfolio, case studies, grant applications, and marketing materials, unless the Client expressly opts out in writing within 30 days of program completion.

Client's Own Intellectual Property

The Client retains full ownership of all intellectual property they bring to the engagement — including existing brand assets, business concepts, trade secrets, and creative works. TOM's engagement does not transfer any Client IP to TOM. The Client represents that they have the right to share any materials they provide to TOM during the engagement.

Section 09

Confidentiality

Both parties recognize that the Client may share sensitive business information — including financial details, business strategies, proprietary concepts, and personal circumstances — in the course of TOM's Services. TOM treats all Client information shared during Sessions and in the course of any engagement as confidential.

TOM's Confidentiality Obligations

• TOM will not disclose the Client's confidential business information to third parties without the Client's written consent, except as required by law.
• TOM facilitators and staff who have access to Client information are expected to maintain confidentiality consistent with this Agreement.
• TOM's use of AI tools in administrative or content functions is governed by TOM's AI Disclaimer Addendum (see Section 10). Sensitive Client information is not entered into AI tools without the Client's knowledge.

Group Cohort Settings

The Legacy Builder Cohort involves group sessions in which multiple Clients participate. Clients are expected to maintain confidentiality regarding the personal and business information shared by fellow cohort participants. TOM cannot guarantee the confidentiality of information shared in group settings and encourages Clients to use discretion regarding the level of detail they share in group contexts.

Limitations

Confidentiality obligations do not apply to information that is already publicly known, that the Client has authorized TOM to disclose, or that TOM is required to disclose by applicable law or legal process.

Section 10

AI Disclaimer

TOM Enterprise uses artificial intelligence tools to assist with internal administrative functions — including drafting content, preparing program materials, automating communications, and supporting operational workflows. The following disclosures apply to all Clients:

• AI assists, humans decide. All AI-generated content used in TOM's Services — including frameworks, written deliverables, and program materials — is reviewed, edited, and approved by TOM's founder or designated facilitator before delivery. AI outputs are starting points, not final products.
• Human accountability is final. TOM's founder retains final authority and responsibility for all decisions affecting Client engagements — enrollment, scholarship, pricing, deliverables, and program outcomes. No AI tool makes binding decisions on behalf of TOM.
• Client data and AI tools. TOM does not enter personally identifiable Client information (name, contact details, financial data, or sensitive business information) into third-party AI tools without the Client's explicit knowledge and consent. Aggregated or anonymized information may be used in AI-assisted workflow automation.
• Transparency on request. Clients may ask TOM at any time which specific deliverables or communications were AI-assisted. TOM will answer honestly and completely.
• No AI coaching replacement. AI tools do not replace the live coaching, mentorship, and facilitation provided by TOM's human team. Sessions, discovery calls, and mentorship engagements are conducted by qualified human facilitators.

Section 11

Disclaimer of Warranties

TOM's Services are provided on an "as is" and "as available" basis. TOM makes no representations or warranties of any kind, express or implied, regarding the Services, including but not limited to:

• That the Services will produce any specific business result, revenue outcome, funding success, or competitive advantage for the Client.
• That the information and frameworks provided in the Services are applicable to every business context or will produce the same results for every Client.
• That TOM's educational content constitutes professional legal, financial, accounting, or tax advice.
• That the Site or any digital tools TOM uses will be uninterrupted, error-free, or secure at all times.

TOM's Services represent the genuine, experienced, good-faith effort of TOM's facilitators to equip creative entrepreneurs with tools, frameworks, and mentorship for building lasting businesses. The results of that work depend substantially on the Client's own effort, decisions, market conditions, and circumstances beyond TOM's control.

Section 12

Limitation of Liability

To the fullest extent permitted by applicable law, TOM Enterprise, its founder, facilitators, staff, volunteers, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the Client's use of TOM's Services — including lost profits, lost revenue, loss of business opportunity, or loss of data.

In no event shall TOM's total liability to any Client for any claims arising out of or related to this Agreement exceed the total fees actually paid by that Client to TOM in the three (3) months preceding the event giving rise to the claim.

This limitation applies regardless of the legal theory under which the claim is brought — contract, tort, strict liability, or otherwise — and even if TOM has been advised of the possibility of such damages.

Section 13

Indemnification

The Client agrees to indemnify, defend, and hold harmless TOM Enterprise, its founder, facilitators, staff, volunteers, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• The Client's violation of this Agreement.
• The Client's use of TOM's Services in a manner not authorized by this Agreement.
• The Client's infringement of any third-party intellectual property right in connection with their use of TOM's Services.
• Any false or misleading information provided by the Client to TOM during the enrollment or engagement process.

Section 14

Governing Law

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

Any dispute arising out of or relating to this Agreement that cannot be resolved through good-faith negotiation between the parties shall be submitted to binding arbitration in Maricopa County, Arizona, in accordance with the rules of the American Arbitration Association, unless both parties agree in writing to an alternative dispute resolution method.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction in Maricopa County, Arizona, to prevent irreparable harm pending arbitration.

Section 15

General Provisions

Entire Agreement

This Agreement, together with any written service proposal or enrollment confirmation provided to the Client, constitutes the entire agreement between the parties with respect to TOM's Services and supersedes all prior agreements, representations, and understandings — written or oral — relating to the same subject matter.

Amendments

TOM may update this Agreement from time to time. Updated versions will be posted at tomenterprise.org/service-agreement with an updated "Last Updated" date. Material changes affecting active engagements will be communicated directly to enrolled Clients via email with at least 14 days' notice. Continued enrollment or use of TOM's Services after the effective date of an update constitutes acceptance of the revised Agreement.

Severability

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

Waiver

TOM's failure to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision. Any waiver of a breach of this Agreement must be in writing signed by TOM's founder to be effective.

Assignment

The Client may not assign or transfer their rights or obligations under this Agreement without TOM's prior written consent. TOM may assign this Agreement in connection with a merger, acquisition, or transfer of substantially all of TOM's assets, provided the assignee assumes all of TOM's obligations under this Agreement.

Force Majeure

Neither party will be liable for delays or failure to perform obligations under this Agreement caused by events beyond their reasonable control — including natural disasters, acts of government, public health emergencies, or internet or platform outages. In such events, TOM will make reasonable efforts to reschedule or accommodate affected Clients.

Notices

All notices under this Agreement must be provided in writing. Notices to TOM should be sent to hello@tomenterprise.org. TOM will send notices to the email address provided by the Client at enrollment. Notices are effective when sent.

Relationship of the Parties

The Client and TOM are independent parties. Nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship between the Client and TOM.

Section 16

Contact TOM

If you have questions about this Service Agreement before or during any engagement, TOM encourages you to ask. Clarity before commitment is always better than confusion after the fact.