Legal Terms

Terms of Service

These terms govern your use of PowerUp Data Analytics services and website. Please read carefully before engaging our services.

Last updated: September 18, 2025

Agreement to Terms

By accessing and using the services provided by PowerUp Data Analytics LLC ("Company," "we," "our," or "us"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

Services Provided

Core Services

  • • Microsoft Power BI dashboard development and implementation
  • • Data analytics consulting and strategy development
  • • Power Platform automation solutions (Power Automate, Power Apps)
  • • Business intelligence training and support
  • • Data visualization and reporting solutions
  • • Microsoft 365 optimization and integration

Service Delivery

  • • Services are provided on a project basis or through ongoing consulting arrangements
  • • Specific deliverables, timelines, and pricing are outlined in separate project agreements
  • • We reserve the right to subcontract work to qualified partners when necessary
  • • All work is performed in accordance with industry best practices and Microsoft standards

Client Responsibilities

  • Data Access: Provide necessary access to data sources, systems, and personnel required for project completion
  • Accurate Information: Ensure all information provided is accurate, complete, and up-to-date
  • Timely Feedback: Provide timely responses and feedback during project development
  • Security Compliance: Maintain appropriate security measures for shared data and systems
  • Payment: Make payments according to agreed-upon terms and schedules

Payment Terms

Billing

  • • Invoices are issued according to project milestones or monthly for ongoing services
  • • Payment is due within 30 days of invoice date
  • • Late payments may incur interest charges of 1.5% per month
  • • Services may be suspended for overdue accounts

Refunds

  • • Refunds are considered on a case-by-case basis
  • • Completed work and incurred expenses are non-refundable
  • • Early termination fees may apply to ongoing projects
  • • Unused retainer amounts may be refunded

Intellectual Property

Client Data and Content

You retain all rights to your business data, proprietary information, and content. We claim no ownership over your data and will only use it as necessary to provide contracted services.

Deliverables

Upon full payment, you receive ownership of custom dashboards, reports, and documentation created specifically for your organization. We retain the right to use general methodologies and non-proprietary techniques in future projects.

Third-Party Tools

Microsoft Power Platform tools and other third-party software remain the property of their respective owners. Separate licensing agreements may apply.

Confidentiality

We maintain strict confidentiality regarding your business information:

  • • All client data is treated as confidential and proprietary
  • • We do not share, sell, or disclose client information to third parties
  • • Our team members sign confidentiality agreements
  • • Data is secured using industry-standard encryption and access controls
  • • Confidentiality obligations survive termination of our agreement

Limitations of Liability

Service Limitations: Our services are provided "as is" without warranties of any kind. We strive for accuracy but cannot guarantee error-free results or specific business outcomes.

Liability Cap: Our total liability for any claim shall not exceed the amount paid for services related to the specific claim.

Excluded Damages: We are not liable for indirect, incidental, consequential, or punitive damages, including lost profits or business interruption.

Data Loss: While we implement data protection measures, you are responsible for maintaining backups of your critical business data.

Termination

  • • Either party may terminate services with 30 days written notice
  • • Immediate termination is allowed for material breach of contract
  • • Upon termination, you receive all completed work and data
  • • Outstanding invoices remain due and payable
  • • Confidentiality and intellectual property provisions survive termination

Governing Law

These Terms are governed by the laws of the State of South Carolina, United States. Any disputes will be resolved through binding arbitration in South Carolina, except for intellectual property disputes which may be brought in federal court.

Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be posted on our website with an updated effective date. Continued use of our services after changes constitutes acceptance of the modified Terms.

Contact Information

For questions about these Terms of Service or our services, please contact:

jacob.g.faircloth@powerupdataanalytics.com
(555) 123-4567
South Carolina, USA

PowerUp Data Analytics LLC
A South Carolina Limited Liability Company
Specializing in Microsoft Power Platform Solutions