Diagnostic Engagement Terms

1. What This Document Covers

These terms govern diagnostic engagements between your company ("Client," "you") and NJB Intelligent Automation LLC, doing business as Foundari ("Foundari," "we," "us"). A diagnostic is a paid engagement that produces an independent assessment of your operational environment. The specific scope, deliverables, timeline, and investment for your engagement are defined in your signed proposal, which is incorporated into these terms by reference.

2. Scope of Work

The diagnostic scope is defined in your proposal. It typically includes stakeholder interviews, a review of your current tools and workflows, and a written deliverable with findings, recommendations, and a routing recommendation for next steps.

The diagnostic is a standalone engagement. It delivers value regardless of whether you engage Foundari for any subsequent work. The findings, recommendations, and deliverable document are yours to use however you see fit, including sharing them with other service providers.

What the diagnostic is not: The diagnostic is not a guarantee of specific business outcomes. It is an expert assessment based on the information available during the engagement period. Recommendations are professional opinions informed by experience, not promises of results.

3. What We Need From You

To complete the diagnostic effectively, we need your cooperation on a few things:

Access. We may need temporary access to your current tools and systems (CRM, billing, project management, scheduling, etc.) for review purposes. We'll request only what's necessary, use it solely for diagnostic purposes, and relinquish access at the conclusion of the engagement. We will not modify, delete, or alter any data in your systems during the diagnostic.

Availability. The diagnostic includes one or more interviews with you or members of your team. We'll work around your schedule, but timely availability keeps the engagement on track. Significant scheduling delays may extend the overall timeline.

Honesty. The diagnostic is only as good as the information we receive. We need a candid picture of how things work today — not the polished version. The more honest the input, the more useful the output.

4. Payment

Payment terms are specified in your proposal. For diagnostic engagements, payment is due in full before the first interview is scheduled. We accept ACH transfer, credit card, and check.

We do not begin work until payment is received. This is not a trust issue — it's how we ensure the engagement is committed on both sides before we invest time in your business.

5. Diagnostic Investment Credit

If you choose to proceed with a build engagement (Sprint, Bundle, or FUSE program) within 90 days of your diagnostic delivery, a portion of your diagnostic investment will be credited toward the build. The specific credit percentage and maximum amount are stated in your proposal.

The credit window begins on the date of your diagnostic walkthrough presentation and expires 90 days later. One credit per diagnostic engagement. The credit applies only to build engagements meeting the minimum threshold specified in your proposal. The credit is not a refund — your diagnostic fee was earned and the deliverable is yours regardless.

6. Deliverables and Delivery

Your diagnostic deliverable is a branded PDF document presented in a live walkthrough session (video call or in-person meeting). We do not send diagnostic findings by email without a conversation. The walkthrough is where we present findings, answer questions, and discuss recommendations in context.

Following the walkthrough, you'll receive the deliverable document within 24 hours (typically during or immediately after the call). The deliverable is the final work product of the engagement.

7. Timeline

Estimated timelines are provided in your proposal. These assume timely access to tools, availability for scheduled interviews, and reasonable responsiveness to questions. Delays on the client side (access not provided, interviews rescheduled multiple times, extended unresponsiveness) may extend the timeline proportionally. We'll communicate proactively if the timeline is at risk.

8. Confidentiality

We treat everything we learn about your business during the diagnostic as confidential. We will not share your data, system configurations, operational details, financial information, or business strategies with any third party without your written consent.

This confidentiality obligation survives the completion of the engagement. It doesn't expire.

You agree to treat our diagnostic methodology, frameworks, and proprietary tools as confidential. The deliverable document is yours to share, but the methods we use to produce it are ours.

9. Intellectual Property

The diagnostic deliverable (the document, findings, recommendations, and any diagrams or visualizations included) becomes your property upon receipt of full payment. You may use it, share it, and act on it however you choose.

Foundari retains ownership of its methodologies, frameworks, templates, and tools used to produce the deliverable. We may reuse our methods and general knowledge gained during the engagement (e.g., "dental practices commonly struggle with intake workflows") without identifying you or your business.

We will not use your name, logo, or business details in any marketing, case study, or public reference without your explicit written permission.

10. Limitation of Liability

Our liability for any claim arising from the diagnostic engagement is limited to the amount you paid for the diagnostic. We are not liable for indirect, incidental, consequential, or punitive damages, including lost profits, lost data, or business interruption.

The diagnostic provides professional recommendations based on available information. We do not guarantee specific business outcomes, revenue increases, cost savings, or operational improvements. Implementation decisions and their results are your responsibility.

11. Scope Changes

The diagnostic scope is defined in your proposal. If we discover during the engagement that the complexity significantly exceeds the Lite scope (e.g., more integrations than expected, additional stakeholders needed, significant tech debt not previously identified), we'll let you know and recommend upgrading to a Full diagnostic or adjusting the scope. No additional work is performed without your agreement and adjusted pricing.

12. Cancellation

Before work begins (before the first interview): You may cancel for a full refund of the diagnostic fee.

After work has begun: If you need to cancel after the first interview has been conducted, we'll deliver the findings we've developed to that point. No refund is provided for work already completed. If we've conducted the interview but haven't yet completed the synthesis, we'll provide a summary of findings (less detailed than the full deliverable) and refund 25% of the diagnostic fee.

If we need to cancel: If Foundari determines during the engagement that we cannot deliver a useful diagnostic (e.g., access is not provided, the client becomes unresponsive, or the engagement reveals a situation outside our expertise), we'll communicate this directly, deliver whatever findings are available, and refund any portion of the fee that corresponds to undelivered work.

13. Dispute Resolution

If a disagreement arises about the engagement, we'll work to resolve it directly through conversation. If we can't reach a resolution within 30 days, either party may initiate mediation with a mutually agreed mediator. If mediation doesn't resolve the matter within 45 days, the dispute will be submitted to binding arbitration under the rules of the American Arbitration Association, with a single arbitrator, conducted in the State of Ohio. These terms are governed by Ohio law.

14. Acceptance

By signing the proposal that references these terms, you acknowledge that you have read and agree to these Diagnostic Engagement Terms. These terms, together with the signed proposal, constitute the complete agreement between you and Foundari for this engagement.