These Pre-Flight Assessment — Engagement Terms (these "Engagement Terms") govern the one-time Pre-Flight Assessment engagement between Mission Control Partners LLC, doing business as Mission Control Partners ("Mission Control," "we," "us," or "our"), and the business booking and paying for the Pre-Flight Assessment (the "Commander," "Client," "you," or "your"). These Engagement Terms are accepted electronically by clickwrap acceptance at checkout, as described in Section 12 (Clickwrap Acceptance), and incorporate by reference the Mission Control Terms of Service and Privacy Policy. In the event of a conflict between these Engagement Terms and the Terms of Service with respect to the Pre-Flight Assessment, these Engagement Terms control.
1.1 The Pre-Flight Assessment is a one-time, paid diagnostic engagement consisting of: (a) one video discovery call with a Mission Control Specialist; (b) a custom written advisory report (the "Flight Plan") identifying prioritized artificial-intelligence adoption opportunities for your business, delivered within ten (10) days of the discovery call (the Pre-Flight session); (c) one review call to walk through the Flight Plan; and (d) one light revision of the Flight Plan if you request changes within a reasonable time following delivery.
1.2 The Pre-Flight Assessment does not include, and Mission Control has no obligation under these Engagement Terms to provide, any implementation, build, deployment, integration, or ongoing advisory work. Ongoing advisory work is available separately as the Continuous Flight Plan, and hands-on implementation work is available separately as a Custom AI Project, in each case under its own agreement.
1.3 The Flight Plan is an advisory work product prepared based on the information you provide and Mission Control's assessment methodology as of the delivery date. Mission Control does not guarantee that implementing any recommendation in the Flight Plan will achieve any particular business outcome, financial result, return on investment, cost saving, or revenue increase. See Section 6 (No Guarantee of Results).
1.4 Recorded calls. The discovery call and review call described in Section 1.1 are recorded and transcribed as described in the Privacy Policy (Section 5, Call Recording Disclosure), incorporated here by reference. You will receive advance notice of recording in your calendar invitation and at the start of each call, and by joining and remaining on a call after that notice, you and each participant you bring onto the call consent to the recording and its use as described in the Privacy Policy. If you do not wish a call to be recorded, notify us before the call at [email protected] or through the Portal (see Section 15, Contact).
2.1 The fee for the Pre-Flight Assessment is two thousand U.S. dollars (US $2,000) (the "Pre-Flight Fee"), charged at the time of booking, in advance of the discovery call described in Section 1.1. The Pre-Flight Fee is exclusive of any applicable sales, use, value-added, or similar taxes, which you are responsible for to the extent legally due.
2.2 Payment is processed by Mission Control's third-party payment processor. By completing checkout, you authorize Mission Control and its payment processor to charge the Pre-Flight Fee to the payment method you provide.
3.1 If you execute the Continuous Flight Plan — Master Services Agreement within seven (7) days of the delivery of your Flight Plan under Section 1.1(b), the Pre-Flight Fee you paid under Section 2.1 will be credited in full against the first month's fee under that agreement, such that your net payment for the first month of the Continuous Flight Plan is three thousand U.S. dollars (US $3,000). Any delay in Mission Control's acceptance of that agreement, or in the processing of its first monthly charge, that is attributable to Mission Control will not defeat this credit.
3.2 If you do not execute the Continuous Flight Plan — Master Services Agreement within that seven (7)-day window, the Pre-Flight Fee is not credited, refunded, or carried forward, and the Flight Plan remains yours to keep under Section 5 (Intellectual Property) regardless of whether you continue.
3.3 The seven (7)-day window described in Section 3.1 runs from the delivery of the Flight Plan report, not from the review call described in Section 1.1(c), which is ordinarily scheduled within that window.
4.1 The Pre-Flight Assessment is a one-time engagement for which the Pre-Flight Fee is charged at booking, before Mission Control's work begins. Because Mission Control accepts a limited number of Pre-Flight engagements based on an assessment of fit, and because the discovery call and report-preparation process begin promptly after booking, the Pre-Flight Fee is non-refundable once charged, except where Mission Control, in its sole discretion, agrees to a refund on a case-by-case basis, or where a refund is required by applicable law. If Mission Control fails to deliver the Flight Plan, the Pre-Flight Fee will be refunded in full.
4.2 If you wish to reschedule your discovery call, use the rescheduling link in your booking confirmation or the scheduling area of your Mission Control Portal as far in advance as reasonably possible; Mission Control will make reasonable efforts to accommodate a reschedule at no additional charge.
4.3 Nothing in this Section 4 limits any right you may have under applicable law that cannot be waived by agreement.
5.1 Your Flight Plan. Upon full payment of the Pre-Flight Fee, the Flight Plan is licensed to you under a perpetual, non-exclusive, non-transferable (except in connection with a permitted assignment under Section 16 of the Terms of Service) license to use, reproduce, and adapt it solely for your own internal business purposes, and is yours to keep whether or not you continue to the Continuous Flight Plan.
5.2 Mission Control IP. All right, title, and interest in Mission Control's proprietary assessment methodology, frameworks, templates, report structures, and know-how (collectively, "Mission Control IP") remain the exclusive property of Mission Control. The license in Section 5.1 does not extend to Mission Control IP embedded in or underlying the Flight Plan, which may not be extracted, republished, or used by you to create a directly competing advisory or consulting offering.
6.1 Mission Control does not guarantee any specific business outcome, financial result, return on investment, cost saving, revenue increase, operational improvement, or level of adoption success from the Pre-Flight Assessment or the Flight Plan. Outcomes depend on factors outside Mission Control's control, including your implementation choices, resources, and third-party tool performance. The Flight Plan is provided for your independent business judgment and does not constitute a promise or warranty of any particular result.
7.1 Each party may disclose to the other non-public business, technical, financial, or operational information ("Confidential Information") in connection with the Pre-Flight Assessment, which each party agrees to protect in accordance with the confidentiality provisions of the Terms of Service (Section 12 of that document), incorporated here by reference and applicable to these Engagement Terms with the same force as if restated in full.
8.1 THE PRE-FLIGHT ASSESSMENT AND THE FLIGHT PLAN ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MISSION CONTROL DOES NOT WARRANT THAT ANY RECOMMENDATION IN THE FLIGHT PLAN WILL ACHIEVE ANY PARTICULAR RESULT, RETURN ON INVESTMENT, COST SAVING, OR BUSINESS OUTCOME.
8.2 Some jurisdictions do not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you to that limited extent.
9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MISSION CONTROL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE PRE-FLIGHT ASSESSMENT OR THESE ENGAGEMENT TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MISSION CONTROL'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE PRE-FLIGHT ASSESSMENT OR THESE ENGAGEMENT TERMS, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, WILL NOT EXCEED THE PRE-FLIGHT FEE YOU ACTUALLY PAID.
9.3 The limitations in this Section 9 apply notwithstanding any failure of essential purpose of any limited remedy and form an essential basis of the bargain between you and Mission Control. Nothing in these Engagement Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for gross negligence, willful misconduct, or fraud, to the extent such limitation is prohibited.
10.1 The Mission Control Terms of Service and Privacy Policy, each as in effect on the date of your booking, are incorporated into these Engagement Terms by reference and apply to your Pre-Flight Assessment engagement in full, including their provisions on eligibility, acceptable use, intellectual property (to the extent not more specifically addressed in Section 5 above), indemnification, third-party services, governing law, and dispute resolution. In the event of a conflict between these Engagement Terms and the Terms of Service with respect to the Pre-Flight Assessment, these Engagement Terms control.
11.1 You agree to defend, indemnify, and hold harmless Mission Control and its officers, members, managers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Engagement Terms; (b) your implementation of, or decision not to implement, any recommendation in the Flight Plan; or (c) your violation of applicable law or a third party's rights, in each case consistent with, and incorporating, Section 11 of the Terms of Service.
12.1 These Engagement Terms are presented to you at checkout before the Pre-Flight Fee is charged, with the Engagement Terms, Terms of Service, and Privacy Policy accessible by conspicuous link. By checking the acceptance checkbox (which is not pre-checked) and clicking the payment button (or equivalent checkout action) presented at checkout, you acknowledge that you have read and agree to be bound by these Engagement Terms and by the incorporated Terms of Service and Privacy Policy, you consent to the recording of your calls as described in Section 1.4 and in the Privacy Policy, and you authorize the charge described in Section 2. Checkout copy substantially in the following form satisfies this Section 12: "By checking this box and clicking Pay, you agree to the Pre-Flight Assessment — Engagement Terms, Terms of Service, and Privacy Policy (including consent to recording of your calls), and authorize the $2,000 charge described above." The payment action cannot be completed until the acceptance checkbox is checked. Your checkout action constitutes your electronic signature and acceptance of these Engagement Terms, binding to the same extent as a handwritten signature, to the fullest extent permitted by applicable law.
13.1 Governing law. These Engagement Terms are governed by the laws of Wyoming, without regard to its conflict-of-laws principles.
13.2 Dispute resolution. Any dispute, claim, or controversy arising out of or relating to these Engagement Terms or the Pre-Flight Assessment will be resolved in accordance with the dispute-resolution provisions of the Terms of Service (Section 19 of that document, including its binding arbitration, class-action-waiver, and court-exception provisions), incorporated here by reference and applied to these Engagement Terms with the same force as if restated in full.
14.1 These Engagement Terms, together with the Terms of Service and the Privacy Policy, each incorporated by reference, constitute the entire agreement between you and Mission Control regarding the Pre-Flight Assessment, and supersede all prior or contemporaneous understandings, whether written or oral, regarding that subject matter.
14.2 If any provision of these Engagement Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
15.1 Questions about these Engagement Terms may be directed to [email protected].
Mission Control Partners — AI, not rocket science.