Terms of Service

By accessing or using the website at touchstonedata.io or engaging Touchstone Technology Consultants LLC, doing business as Touchstone Data (“we,” “us,” or “our”), for consulting services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or engage our services.

Touchstone Data provides technology consulting services, including but not limited to data governance consulting and auditing, AI governance and compliance, software architecture review and modernization, data quality and observability, fractional CTO services, agentic AI development, DevOps and platform engineering, and data strategy and roadmap development.

The specific scope, deliverables, timeline, and fees for any engagement will be defined in a separate Statement of Work (SOW) or engagement letter agreed upon by both parties prior to the commencement of services.

Client deliverables: Unless otherwise specified in the applicable SOW, all deliverables created specifically for a client during an engagement (including reports, assessments, roadmaps, and custom documentation) are the intellectual property of the client upon full payment for the engagement.

Retained rights: Touchstone Data retains all rights to its pre-existing intellectual property, including but not limited to methodologies, frameworks, templates, tools, processes, and general knowledge developed before or independently of any client engagement. Touchstone Data may use the general knowledge, skills, and experience gained during a client engagement in future work, provided that doing so does not disclose confidential information.

Website content: All content on the touchstonedata.io website, including text, graphics, logos, and design elements, is the intellectual property of Touchstone Technology Consultants LLC and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from this content without our prior written consent.

Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of an engagement. Confidential information includes, but is not limited to, business strategies, technical architectures, data, source code, financial information, and any information designated as confidential by the disclosing party.

This obligation of confidentiality does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of the confidential information; or (d) is required to be disclosed by law or court order.

If a separate Non-Disclosure Agreement (NDA) or confidentiality clause is included in the SOW, the terms of that agreement will control in the event of any conflict with these Terms of Service.

To the maximum extent permitted by applicable law, Touchstone Technology Consultants LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with our services or these Terms of Service, regardless of the theory of liability.

Our total aggregate liability for any claims arising out of or related to our services shall not exceed the total fees paid by the client for the specific engagement giving rise to the claim.

Our consulting services are advisory in nature. We provide professional recommendations based on our expertise and the information available to us, but we do not guarantee specific business outcomes. The implementation of our recommendations is at the client's sole discretion and risk.

You agree to indemnify, defend, and hold harmless Touchstone Technology Consultants LLC and its owner, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or in connection with: (a) your use of our website; (b) your violation of these Terms of Service; or (c) your violation of any rights of a third party.

Unless otherwise specified in the applicable SOW or engagement letter, invoices are due net 30 days from the date of invoice. Late payments may be subject to a late fee of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower) on the outstanding balance.

For project-based engagements, payment milestones will be defined in the SOW. For ongoing retainer engagements, invoices are issued monthly in advance.

If payment is not received within 60 days of the invoice date, Touchstone Data reserves the right to suspend services until payment is received.

Either party may terminate a consulting engagement with 30 days' written notice, unless otherwise specified in the applicable SOW. In the event of termination:

• The client shall pay for all work completed up to the effective date of termination.
• Touchstone Data shall deliver all completed and in-progress deliverables to the client.
• Confidentiality obligations survive termination indefinitely.

Either party may terminate immediately for cause, including material breach of these Terms of Service or the applicable SOW that remains uncured for 15 days after written notice.

These Terms of Service and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.

In the event of any dispute arising out of or related to these Terms of Service or our services, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may pursue mediation administered by a mutually agreed-upon mediator in Dallas, Texas.

If mediation is unsuccessful, either party may pursue resolution through binding arbitration or litigation in the state or federal courts located in Dallas County, Texas. Both parties consent to the exclusive jurisdiction of such courts.

We reserve the right to modify these Terms of Service at any time. When we make changes, we will update the “Last updated” date at the top of this page. Your continued use of our website or services after any changes constitutes your acceptance of the updated terms.

Changes to these Terms of Service do not retroactively apply to engagements governed by a signed SOW. The terms in effect at the time of SOW execution will govern that engagement unless both parties agree in writing to updated terms.

If you have questions about these Terms of Service, please contact us: