Last Updated: 27 JUL 25
Why this disclaimer matters
As stated throughout the Smarter You Services website, I believe in transparency. This disclaimer isn’t about hiding behind legal language—it’s about setting clear expectations so we can work together effectively. Running a business involves countless variables, and while my tools and expertise can help you make better decisions, your success ultimately depends on how you implement what I provide and factors beyond anyone’s control.
General Disclaimer
My commitment and your responsibilities
Smarter You Services provides AI-enhanced business tools, educational materials, and strategic partnership services designed to help small and medium businesses operate more effectively. Here’s what you need to know:
What I provide: My tools, plugins, educational content, and strategic guidance are provided “as-is” based on current best practices and my education and experience helping businesses like yours.
What I can’t control: Your business results depend on many factors including your market conditions, competition, economic climate, implementation quality, timing, and dozens of other variables I can’t influence or predict.
No guaranteed outcomes: I cannot and do not guarantee specific business results, revenue increases, cost savings, or any particular outcomes. Every business is different, and what works for one may not work for another.
Your decisions matter: You remain fully responsible for all business decisions made using my tools, recommendations, or guidance. I provide the resources and expertise—you own the execution and results.
Implementation is key: The effectiveness of my tools and advice depends heavily on proper implementation, consistent use, and adaptation to your specific situation.
Limitation of Liability
Protecting both of us
Financial liability: My maximum liability to you for any claim related to my services is limited to the amount you actually paid me for those specific services.
Business impact: I am not liable for any lost profits, revenues, business opportunities, or other business-related losses, even if I could have anticipated them.
Indirect damages: I am not responsible for any indirect, incidental, special, or consequential damages arising from your use of my services or tools.
Third-party claims: You agree to protect me from any claims, lawsuits, or demands from third parties related to your use of my services or implementation of my recommendations.
Reasonable protection: These limitations apply except where prohibited by law and don’t affect your rights under applicable consumer protection regulations.
Data Handling and Client Information
Protecting your business information
Privacy policy integration: All data collection, storage, and handling practices are governed by my Privacy Policy. This disclaimer works in conjunction with, not in replacement of, those privacy protections.
Business data security: Client business information shared during our working relationship is protected with appropriate security measures and used only for the purposes outlined in our service agreement.
No data sales: I will never sell, rent, or otherwise monetize your business data or personal information to third parties. This is a guarantee.
Case study consent: Any use of client information for case studies, testimonials, or educational content requires explicit prior approval and / or complete sanitization of identifying information.
Data retention: Business-related communications and files are retained as necessary for service delivery and as outlined in our service agreements. You may request deletion of your data, subject to legal and administrative requirements.
Third-party tools: When I use third-party tools to deliver services (such as project management platforms or communication tools), I ensure they meet reasonable security standards and limit data sharing to what’s necessary for service delivery.
Professional Services Disclaimer
Clear boundaries for problem-solving services
What I am: While I am not a traditional consultant and focus heavily on solving problems and implementing solutions, I do occasionally do consulting work for clients. As such, I am a business operations expert who provides practical guidance based on experience and proven methodologies.
What I am not: I am not a licensed attorney, CPA, financial advisor, or tax professional. My problem-solving and occasional consulting services do not include legal, financial, accounting, or tax advice. (One caveat: I do have tools available that provide templates and cost capture procedures that sometimes include accounting and / or taxes. You must do your due-diligence to ensure your accounting figures and / or tax liability is correct.)
Professional consultation: For legal matters, tax questions, financial planning, or regulatory compliance, consult with appropriately licensed professionals in those fields.
My expertise: My recommendations are based on operational best practices, industry experience, and strategic business principles—not professional services requiring special licenses.
Service boundaries: My working relationship with you creates the obligations specified in our service agreement, but does not establish fiduciary duties beyond those contractual terms.
Problem-solving standards: My approach follows generally accepted business problem-solving practices, but each engagement is customized to your specific needs and circumstances.
Tool-Specific Disclaimers
WordPress plugins and digital tools
Designed for common needs: My tools are built for typical small business use cases, but every business has unique requirements that may not align perfectly with standard solutions.
Accuracy depends on input: The effectiveness and accuracy of my tools depend on the quality and completeness of the information you provide.
System integration: You use my tools with your existing systems and workflows at your own risk. I recommend testing in a safe environment before full implementation.
Updates and support: While I strive to keep my tools current and compatible, I cannot guarantee specific update schedules or compatibility with all possible system configurations.
Backup and security: Always maintain current backups of your data and systems before installing or updating any tools.
Performance variables: Tool performance may vary based on your hosting environment, other installed plugins, system resources, and usage patterns.
Intellectual Property Protection
Respecting what we both bring to the table
My property: All tools, plugins, methodologies, frameworks, educational content, and proprietary processes remain my intellectual property. You receive a license to use them as intended, not ownership rights.
Your property: Any business-specific data, trade secrets, or proprietary information you share remains yours. I will not use your confidential information for other clients or purposes beyond our agreed scope.
Client confidentiality: I may use sanitized, non-identifying information from our work together for case studies or educational content, but only with prior approval and / or after ensuring all identifying information is removed.
Data protection: I maintain appropriate security measures to protect your business information and follow the data handling practices outlined in my Privacy Policy.
Deliverables: Custom work created specifically for your business (like tailored processes or configurations) becomes yours to use. However, the underlying methodologies and frameworks I used to create them remain my intellectual property.
No reverse engineering: You agree not to reverse engineer, copy, or attempt to recreate my tools or proprietary methodologies for resale or distribution to others.
Collaboration results: If we jointly develop something new during our work together, we’ll clarify ownership upfront in our service agreement.
Force Majeure and Unforeseen Circumstances
When life happens
Sometimes circumstances beyond anyone’s control interfere with business—natural disasters, pandemics, major technology failures, or other “acts of God”. If something like this prevents me from delivering agreed-upon services:
My commitment: I will do my best to make it right and will do my best to meet you in the middle on any impacts to our agreement.
Reasonable solutions: This might mean extending deadlines, providing alternative solutions, or adjusting service terms to account for the circumstances.
Good faith effort: I’m committed to finding fair solutions that acknowledge both the reality of the situation and your business needs.
No liability: I cannot be held liable for delays or inability to perform due to circumstances genuinely beyond my control.
Service Termination and Transition
Ending our working relationship professionally
Either party may terminate: Both you and I have the right to end our working relationship, typically with reasonable notice as specified in our service agreement.
Refund structure: Cancellation refunds follow a structured approach based on contract type:
- Hourly / weekly retainers: Refunded based on billable hours used versus paid
- Monthly retainers: Non-refundable initial payment (equivalent to 2 weeks). Additional payments refunded at per-day rate from termination date
- Annual contracts: Non-refundable initial payment (equivalent to 1 quarter / 3 months). Additional payments refunded at per-day rate from termination date
Final deliverables: You’ll receive all completed work and deliverables paid for up to the termination date. However, final deliverables are provided only when all outstanding payments are received, regardless of termination circumstances.
Outstanding work: Any work in progress will be assessed based on completion percentage and hours invested. You’ll receive documentation of all completed portions.
Transition support: I will provide reasonable assistance to help transfer ongoing work or explain completed implementations. Extensive transition support beyond basic handoff may be billed separately.
Professional standards: Regardless of who initiates termination or the reasons, I maintain professional standards and will not use confidential information inappropriately.
Making it right: If you’re not satisfied with deliverables, I follow my standard approach: I’ll find a way to make it right. However, this doesn’t override the payment and refund structure outlined above. (See: FAQs governing this here.)
Modification of Terms
Keeping things current
Right to update: I reserve the right to modify this disclaimer and related terms as business practices evolve, legal requirements change, or new services are added.
Notification: I will notify you of significant material changes via email or prominent notice on my website at least 30 days before they take effect.
Existing agreements: Current service agreements will generally continue under their original terms unless both parties agree to adopt new terms.
Continued use: Your continued use of my services after term modifications take effect constitutes acceptance of the updated terms.
Questions about changes: If you have concerns about any modifications, please reach out via my Contact Me form so we can discuss them before they take effect.
Working Together Responsibly
Our shared success
I’m committed to your success and will always provide my honest, experienced perspective. I ask that you:
- Implement recommendations thoughtfully and consistently
- Test new tools and processes in safe environments first
- Communicate openly about challenges or concerns
- Seek appropriate professional advice for specialized legal, financial, or regulatory matters
- Understand that great tools and solid advice still require good execution
Questions?
If any part of this disclaimer is unclear, please ask. I’d rather clarify expectations upfront than hold up operations due to misunderstandings later.
Contact Information:
Smarter You Services
c/o Brandon Duncan
brandon@smarteryouservices.com
(+1) 407.927.8614
PO Box 3023, Fort Polk, LA 71459
This disclaimer is governed by Louisiana law and any disputes will be resolved in Vernon Parish, Louisiana. If any provision is found unenforceable, the remainder stays in effect.