# Terms & Conditions
Effective Date: 1.5.2025
Last Updated: 1.6.2025
## 1. Introduction
These Terms and Conditions ("Terms") govern your use of services provided by Marko Pyhäjärvi ("we," "us," or "our") through our website MarkoPyhajarvi.com ("Website"). By engaging our services, you agree to be bound by these Terms.
## 2. Business-to-Business Services Only
### 2.1 Business Customers Exclusively
- **THESE SERVICES ARE PROVIDED EXCLUSIVELY TO BUSINESSES AND PROFESSIONAL USERS**
- Services are **NOT AVAILABLE** to individual consumers purchasing for personal use
- By purchasing, you confirm you are acting in a **PROFESSIONAL OR BUSINESS CAPACITY**
- If you are purchasing as a consumer, please contact us for separate consumer terms
### 2.2 Business User Confirmation
- You represent that you are purchasing services for business purposes
- You have authority to bind your organization to these terms
- You understand this is a business-to-business transaction
- Consumer protection laws do not apply to business-to-business transactions
## 3. Services
We provide AI-powered revenue optimization consulting services including:
- AI Revenue Audits
- AI System Implementation
- TikTok Shop AI Strategy consulting
- Related digital marketing and e-commerce optimization services
## 4. Service Agreement & Payment Terms
### 4.1 Service Engagement
- All services require a signed service agreement or accepted proposal
- Services begin only after payment confirmation
- Project scope is defined in individual service agreements
- Any changes to scope require written agreement and additional payment
### 4.2 Payment Terms
- **AI Revenue Audit (€5,000):** 100% payment due before service commencement
- **AI System Implementation (€8,000-15,000):** 50% upfront, 50% upon project completion
- **TikTok Shop Strategy (€10,000-20,000):** 50% upfront, 50% upon deliverable completion
- All payments due within 14 days of invoice date
- Late payments subject to applicable statutory interest rates plus collection costs
- No services provided until payment confirmed
### 4.3 Accepted Payment Methods
- Bank transfer (preferred)
- Credit card (processing fees may apply)
- PayPal (for international clients)
## 5. Service Delivery & Timeline
### 5.1 Delivery Timelines
- **AI Revenue Audit:** 2-3 weeks from project start
- **AI System Implementation:** 4-8 weeks from project start
- **TikTok Shop Strategy:** 4-8 weeks from project start
- Timelines are estimates only and may be extended at our discretion
### 5.2 Client Responsibilities & Consequences
- Provide timely access to required platforms and data within 24 hours of request
- Respond to requests for information within 3 business days
- Designate primary contact person for project communication
- **FAILURE TO COMPLY:** If client fails to meet these requirements, we reserve the right to:
- Suspend project without penalty
- Extend timeline without additional cost obligation
- Terminate project and retain all payments made (subject to applicable law)
- Charge additional fees for project delays
### 5.3 Delays
- Timeline extensions due to client delays will not affect our fees and may incur additional charges
- We will notify clients of any delays on our part within 48 hours
- Force majeure events may extend timelines indefinitely without penalty
## 6. Intellectual Property
### 6.1 Work Product
- Custom strategies, reports, and recommendations become client property **only upon full payment**
- Until full payment, all work product remains our exclusive property
- We retain perpetual rights to methodologies, processes, and general knowledge
- Pre-existing intellectual property remains our property
- Client may not reproduce or redistribute our methodologies
### 6.2 Confidentiality and Data Use
- We maintain confidentiality of client information subject to these terms
- Client data used only for agreed-upon services and internal business purposes
- **Marketing Use:** We may use anonymized case studies and data for marketing purposes only with your separate written consent
- Confidentiality does not apply to publicly available information
## 7. Results, Performance & Disclaimers
### 7.1 NO GUARANTEES OR WARRANTIES
- **ALL SERVICES PROVIDED "AS IS" WITHOUT ANY WARRANTIES**
- **NO GUARANTEES** of specific revenue increases, business outcomes, or results
- All revenue projections are **ESTIMATES ONLY** based on limited data and analysis
- **RESULTS NOT GUARANTEED** and may vary significantly or fail to materialize
- Success depends on numerous factors beyond our control including:
- Client's execution capabilities and resources
- Market conditions and economic factors
- Competition and industry changes
- Platform policy changes (TikTok, Facebook, Google, etc.)
- Technical limitations and integration challenges
- Consumer behavior and seasonal variations
### 7.2 AI and Technology Limitations
- **AI ANALYSIS HAS INHERENT LIMITATIONS** and may produce inaccurate results
- Algorithms and data sources may contain errors or biases
- **NO WARRANTY** that AI recommendations will be suitable or effective
- Technology platforms may change or discontinue features without notice
- Third-party integrations may fail or become incompatible
- **WE ARE NOT RESPONSIBLE** for AI errors, platform changes, or technical failures
### 7.3 Platform and Market Risks
- **PLATFORM POLICIES** (TikTok, Facebook, Google) change frequently and unpredictably
- Account suspensions, bans, or policy violations are **CLIENT'S RESPONSIBILITY**
- Market conditions and consumer behavior are **BEYOND OUR CONTROL**
- **ECONOMIC DOWNTURNS** or industry disruptions may affect results
- Regulatory changes may impact strategy effectiveness
## 8. Refund Policy (Business Transactions)
### 8.1 Limited Refund Policy for Business Customers
- **Business-to-business transactions:** Refunds available only as specified below
- **ALL PAYMENTS ARE FINAL** except in the limited circumstances described
- **NO REFUNDS** for completed work or delivered services
### 8.2 Specific Refund Scenarios
- **Non-delivery:** If we completely fail to deliver any agreed services, partial refund may be available
- **Fundamental breach:** If we materially breach contract terms, refund consideration on case-by-case basis
- **Technical failure:** If our systems fundamentally fail to function as specified, repair or partial refund
- **Refund determination:** All refund decisions at our reasonable discretion
### 8.3 No Refund Circumstances
- **NO REFUNDS** for:
- Dissatisfaction with results or recommendations
- Changes in client's business circumstances
- Inability to implement recommendations
- Market conditions or economic downturns
- Platform policy changes affecting strategies
- Client's failure to provide required access or information
- Force majeure events or delays beyond our control
### 8.4 Our Right to Terminate
- We may terminate services immediately while retaining payments for work completed:
- Non-payment or late payment
- Breach of terms or uncooperative behavior
- Failure to provide required access or information
- Abusive, threatening, or unprofessional conduct
- Client responsible for payment of any outstanding invoices
## 9. Limitation of Liability
### 9.1 Maximum Liability Cap
- **OUR TOTAL LIABILITY LIMITED TO AMOUNT PAID** for the specific service in question
- **UNDER NO CIRCUMSTANCES** shall our liability exceed this amount
- This limitation applies regardless of the cause of action or theory of liability
### 9.2 Exclusion of Damages (To Maximum Extent Permitted by Law)
- **TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR:**
- Indirect, incidental, special, consequential, or punitive damages
- Lost profits, revenue, data, or business opportunities
- Business interruption or loss of use
- Cost of substitute goods or services
- Third-party claims or actions
- Failure to realize projected savings or revenue
### 9.3 Client's Assumption of Risk
- **CLIENT ACKNOWLEDGES** that business consulting involves inherent risks
- **CLIENT ASSUMES RISKS** associated with implementing our recommendations
- Client is solely responsible for business decisions and their consequences
- **PROFESSIONAL CONSULTATION** recommended before implementing strategies
### 9.4 Force Majeure
- Not liable for delays due to circumstances beyond our control including:
- Technical failures, natural disasters, government actions
- Pandemic, war, terrorism, or civil unrest
- Internet outages, cyber attacks, or platform failures
- Supplier failures or third-party service disruptions
## 10. Privacy & Data Protection
### 10.1 GDPR Compliance
- We comply with applicable data protection laws including GDPR
- Client data processed only for service delivery and legitimate business purposes
- Data retention for project duration plus 7 years for business records
- **CLIENT RESPONSIBLE** for their own GDPR compliance regarding customer data
### 10.2 Data Security
- Industry-standard security measures implemented
- **REASONABLE EFFORTS** to maintain security but no absolute guarantee
- **NOT LIABLE** for security breaches beyond our reasonable control
- Client responsible for securing their own systems and accounts
### 10.3 Marketing Consent
- **SEPARATE CONSENT REQUIRED** for use of your data in marketing materials
- You may withdraw marketing consent at any time
- Anonymized case studies only with your explicit written permission
## 11. Communication & Support
### 11.1 Business Hours & Response Times
- Monday-Friday, 9:00-17:00 EET (Eastern European Time)
- **REASONABLE EFFORTS** to respond within 24-48 hours during business days
- **NO GUARANTEED** response times except as specifically contracted
- Emergency support limited to critical system failures only
### 11.2 Communication Requirements
- All formal requests must be in writing via email
- Phone calls for information only, not binding commitments
- **CLIENT MUST** maintain updated contact information
- **WE ARE NOT RESPONSIBLE** for communications sent to outdated contact details
## 12. Modifications & Updates
### 12.1 Terms Updates
- We reserve right to update these Terms with 30-day advance notice
- Material changes will be highlighted and may require acceptance
- Continued use after notice period constitutes acceptance
### 12.2 Service Modifications
- Project scope changes require written agreement and **ADDITIONAL PAYMENT**
- We may modify service delivery methods with reasonable notice
- **NO OBLIGATION** to maintain specific service features indefinitely
## 13. Dispute Resolution & Legal Terms
### 13.1 Governing Law & Jurisdiction
- These Terms governed by **Finnish law**
- **Primary jurisdiction:** Helsinki District Court
- **EU RESIDENTS:** Right to bring proceedings in courts of your habitual residence for consumer disputes (if applicable)
- **NON-EU CLIENTS:** Exclusive jurisdiction of Helsinki District Court
### 13.2 Resolution Process
1. **Direct negotiation (30 days)**
2. **Mediation** through Finnish Arbitration Institute (voluntary)
3. **Court proceedings** as last resort
4. **Legal costs:** Unsuccessful party bears reasonable legal costs (where permitted by law)
### 13.3 Limitation Period
- **ALL CLAIMS** must be brought within **2 years** of service completion
- **TIME BEGINS** at delivery of final project deliverable
- **SHORTER PERIODS** may apply under specific national laws
## 14. General Provisions
### 14.1 Entire Agreement
- These Terms constitute the **COMPLETE AGREEMENT** between parties
- **SUPERSEDES** all previous agreements, representations, and understandings
- **WRITTEN MODIFICATIONS** only - verbal changes not binding
- Individual service agreements supplement these Terms
### 14.2 Severability & Compliance
- **INVALID PROVISIONS** do not affect validity of remaining Terms
- **UNENFORCEABLE CLAUSES** will be modified to maximum extent permitted by law
- **APPLICABLE LAW** takes precedence over conflicting provisions
- **HEADINGS** for convenience only
### 14.3 Assignment & Transfer
- We may assign these Terms with **30-day notice** to client
- **CLIENT ASSIGNMENT** requires our written consent
- Terms binding on successors and assigns
## 15. Additional Business Client Acknowledgments
### 15.1 Professional Services Nature
- **BUSINESS CONSULTING SERVICES** with inherent uncertainties
- **PROFESSIONAL JUDGMENT** required for implementation
- **INDEPENDENT VERIFICATION** recommended before major decisions
- **SEEK QUALIFIED ADVISORS** for legal, tax, and financial matters
### 15.2 Platform Dependencies
- **THIRD-PARTY PLATFORMS** operate independently of our control
- **POLICY CHANGES** may affect strategy viability
- **ALGORITHM UPDATES** may impact recommended approaches
- **COMPLIANCE RESPONSIBILITY** rests with client
### 15.3 No Professional Advisory Relationship
- **CONSULTING SERVICES ONLY** - not professional advisors
- **NO FIDUCIARY DUTY** established
- **CLIENT RESPONSIBILITY** for business decisions
- **INDEPENDENT PROFESSIONAL ADVICE** recommended
## 16. EU Law Compliance
### 16.1 Consumer Rights Notice
- **IF YOU ARE A CONSUMER** (purchasing for personal use), different terms apply
- **CONSUMER PROTECTION LAWS** may provide additional rights
- **CONTACT US** for consumer-specific terms and conditions
- **B2B TRANSACTIONS** are subject to different legal frameworks
### 16.2 Unfair Terms Protection
- **REASONABLE COMMERCIAL TERMS** intended for business relationships
- **DISPUTES RESOLUTION** available through appropriate channels
- **APPLICABLE LAW** provisions take precedence where required
## 17. Contact Information
For questions about these Terms:
**Email:** contact@markopyhajarvi.com
**Business Address:** Merkurstrasse 1, 9000, Sankt Gallen, Switzerland
**Business ID:** 11111405
**Consumer Inquiries:** contact@markopyhajarvi.com
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**BY USING OUR SERVICES AS A BUSINESS CUSTOMER, YOU ACKNOWLEDGE READING, UNDERSTANDING, AND AGREEING TO ALL TERMS ABOVE.**
*These Terms & Conditions are effective as of the date listed above and apply to all business-to-business services provided thereafter.*