100x Builds LLC
Effective Date: January 1, 2025
Last Updated: January 1, 2025
1. Interpretation and Definitions
1.1 Interpretation
The words with initial capital letters have meanings defined under the following conditions. These definitions have the same meaning whether they appear in singular or plural form.
1.2 Definitions
"Agreement" means these Terms and Conditions, along with any Service Agreements, Statements of Work, or other documents incorporated by reference.
"Automation Services" means our luxury home builder business process automation, CRM implementation, workflow optimization, and related consulting services.
"Client" means any luxury home building company, individual builder, or construction business entity that engages our services.
"Company" (referred to as "we," "us," "our," or "100x Builds") means 100x Builds LLC, a limited liability company organized under the laws of [State].
"Confidential Information" includes all non-public business information, client data, financial records, proprietary methodologies, and trade secrets.
"Digital Products" means our downloadable templates, calculators, playbooks, courses, and other digital deliverables.
"Mastermind Program" means our Luxury Builder Mastermind membership community and associated services.
"Performance Guarantees" means our contractual commitments to achieve specific measurable improvements in client operations.
"ROI" means Return on Investment, calculated as (gains from investment - cost of investment) / cost of investment.
"Service Agreement" means the specific contract governing automation implementation services.
"Services" means all services provided by 100x Builds, including but not limited to automation consulting, implementation, digital products, mastermind programs, and ongoing support.
"Website" means 100xbuilds.com and all associated subdomains and pages.
"You" or "Your" means the individual or business entity accessing our Website or engaging our Services.
2. Acceptance of Terms
2.1 Agreement to Terms
By accessing our Website, purchasing our products, or engaging our Services, you agree to be bound by these Terms and Conditions. If you disagree with any part of these terms, you may not access our Website or use our Services.
2.2 Business Representation
You represent that:
- You are authorized to enter into agreements on behalf of your business
- You are at least 18 years of age
- Your business operates in the luxury home building industry with minimum annual revenue of $5 million
- All information provided is accurate and complete
2.3 Modifications
We reserve the right to modify these Terms at any time. Material changes will be communicated with 30 days' notice to active clients. Continued use of our Services after changes constitutes acceptance of new terms.
3. Services and Products
3.1 Service Tiers
Level 1 - Lead Magnets (Free)
- ROI calculators and assessment tools
- Educational content and resources
- Industry insights and newsletters
Level 2 - Entry Products ($197-$1,497)
- Operations Audits
- Template bundles
- Digital playbooks and guides
- Profit tracking tools
Level 3 - Mid-Tier Products ($2,497-$7,497)
- 90-Day CRM Setup Sprints
- Quarterly Business Review Programs
- Mastermind Program membership
- Custom Operations Playbook creation
Level 4 - Core Automation Services ($150,000-$500,000)
- Full business process automation implementation
- CRM and workflow optimization
- Performance-based contracts with ongoing optimization
- Exclusive market territory partnerships
Level 5 - Enterprise Solutions ($500,000+)
- Multi-location automation systems
- Joint venture partnerships
- Licensing agreements
- Executive consulting and speaking engagements
3.2 Digital Product Terms
- Digital products are delivered electronically within 24-48 hours of payment
- No physical delivery is provided unless specifically stated
- Access credentials are personal and non-transferable
- Sharing digital products violates intellectual property rights
3.3 Mastermind Program
- Monthly group coaching calls and expert sessions
- Quarterly regional meetups (travel at member expense)
- Annual conference access
- Private community platform access
- Membership is annual with option to renew
4. Performance-Based Services and Guarantees
4.1 ROI Guarantees
For Level 4 Core Automation Services, we guarantee measurable improvements in operational efficiency within 90 days of full implementation, including:
- 20-30% reduction in project completion time
- 15-25% decrease in cost overruns
- 2-5 percentage point improvement in profit margins
- 50-70% faster change order processing
4.2 Performance Measurement
- ROI calculations based on verified baseline metrics
- Performance tracked through integrated systems and regular audits
- Client cooperation required for accurate measurement
- Third-party verification may be required for disputes
4.3 Guarantee Limitations
Performance guarantees are subject to:
- Client adherence to recommended processes and training
- Minimum 90-day implementation period
- Access to necessary business data and systems
- Market conditions beyond our reasonable control
4.4 Remedy for Unmet Guarantees
If guaranteed performance is not achieved:
- Additional implementation support at no charge
- Service credit equal to the guaranteed improvement value
- In extreme cases, partial refund as determined by mutual agreement
5. Payment Terms and Pricing
5.1 Pricing Structure
- Digital products: One-time payment due at purchase
- Mastermind Program: Annual membership with optional monthly payment plans
- Core Services: Combination of implementation fees, monthly retainers, and performance bonuses
- Enterprise Services: Custom pricing based on scope and complexity
5.2 Payment Terms
- Digital products: Payment due immediately
- Service retainers: Net 30 payment terms
- Implementation fees: 50% due at contract signing, 50% at project completion
- Performance bonuses: Quarterly calculation and payment
5.3 Late Payments
- Late fees of 1.5% per month on overdue amounts
- Services may be suspended for accounts more than 60 days past due
- Collection costs and legal fees may be added to delinquent accounts
5.4 Price Changes
We reserve the right to change pricing with 60 days' notice to existing clients. Price changes do not affect existing Service Agreements during their current term.
6. Intellectual Property Rights
6.1 Our Intellectual Property
All content, methodologies, templates, and systems remain the exclusive property of 100x Builds, including:
- Proprietary automation frameworks
- Custom templates and workflows
- Training materials and documentation
- Software configurations and integrations
6.2 Client Data and Systems
- Client retains ownership of their business data
- We receive limited license to use data for service delivery
- Client-specific customizations become part of client's business assets
- Aggregate performance data may be used for industry benchmarking (anonymized)
6.3 Work Product
- Custom implementations become client property upon full payment
- We retain rights to underlying methodologies and frameworks
- Case studies and testimonials may be used for marketing (with permission)
7. Confidentiality and Non-Disclosure
7.1 Mutual Confidentiality
Both parties agree to maintain strict confidentiality regarding:
- Business processes and financial information
- Client lists and competitive intelligence
- Proprietary methodologies and trade secrets
- Project details and performance metrics
7.2 Industry Specialization
We understand the competitive nature of luxury home building and maintain:
- Geographic territory exclusivity for competing clients
- Strict information barriers between competing clients
- Enhanced security for sensitive business information
7.3 Data Security
- Enterprise-grade security measures for all client data
- Regular security audits and compliance reviews
- Immediate notification of any potential security incidents
- Secure disposal of data upon contract termination
8. Client Responsibilities and Cooperation
8.1 Information Provision
Clients must provide:
- Accurate and complete business information
- Access to necessary systems and personnel
- Timely feedback on implementations and recommendations
- Participation in required training and onboarding
8.2 Implementation Cooperation
- Designate key personnel for project coordination
- Maintain agreed-upon implementation timelines
- Follow recommended processes and procedures
- Provide necessary system access and permissions
8.3 Performance Tracking
- Participate in regular performance reviews
- Provide access to performance data and metrics
- Maintain systems in accordance with our recommendations
- Report issues or concerns promptly
9. Territory and Competition
9.1 Geographic Exclusivity
For Level 4 and Level 5 clients, we provide:
- Exclusive territory protection within agreed geographic boundaries
- No engagement with direct competitors in protected territories
- First right of refusal for adjacent market expansion
9.2 Industry Specialization
- Our focus remains on luxury home builders ($5M+ annual revenue)
- We may serve multiple builders in different geographic markets
- Clear conflict of interest policies prevent competitive disadvantages
10. Limitation of Liability and Disclaimers
10.1 Service Disclaimers
While we guarantee specific performance improvements:
- We cannot control external market conditions
- Client cooperation is essential for success
- Results may vary based on implementation quality
- No guarantees beyond those specifically stated in Service Agreements
10.2 Limitation of Liability
Our total liability for any claim is limited to:
- For digital products: The amount paid for the specific product
- For services: The total fees paid in the 12 months preceding the claim
- Maximum liability: $1,000,000 regardless of claim type
10.3 Excluded Damages
We are not liable for:
- Indirect, consequential, or punitive damages
- Lost profits not directly related to our performance guarantees
- Business interruption beyond our reasonable control
- Third-party claims or actions
10.4 Force Majeure
We are not liable for delays or failures due to:
- Natural disasters or acts of God
- Government regulations or actions
- Labor disputes or supply chain disruptions
- Technology failures beyond our reasonable control
11. Termination
11.1 Termination Rights
Either party may terminate:
- Service Agreements with 60 days' written notice
- Digital product access for violation of license terms
- Mastermind membership with 30 days' notice
- Immediately for material breach after 30-day cure period
11.2 Effect of Termination
Upon termination:
- All outstanding fees become immediately due
- Access to digital products and mastermind services ceases
- Confidentiality obligations continue indefinitely
- Performance guarantees terminate prospectively
11.3 Data Return
- Client data returned within 30 days of termination
- Secure deletion of data from our systems after return
- Exception for legally required retention periods
- Performance data may be retained for statistical purposes (anonymized)
12. Dispute Resolution
12.1 Informal Resolution
Disputes should first be addressed through:
- Direct communication between designated representatives
- Good faith negotiation for 30 days
- Mediation if negotiation fails
- Binding arbitration as final resort
12.2 Arbitration
- Disputes resolved through binding arbitration
- American Arbitration Association Commercial Rules
- Single arbitrator selected by mutual agreement
- Arbitration conducted in [Location]
12.3 Exceptions
The following are exempt from arbitration:
- Intellectual property disputes
- Confidentiality violations
- Collection of undisputed amounts
- Temporary restraining orders
13. General Provisions
13.1 Governing Law
These Terms are governed by the laws of [State], without regard to conflict of law principles.
13.2 Severability
If any provision is deemed unenforceable, the remainder of these Terms remains in full effect.
13.3 Assignment
- Clients may not assign rights without our written consent
- We may assign rights in connection with business transfers
- Assignment does not relieve parties of existing obligations
13.4 Entire Agreement
These Terms, together with specific Service Agreements, constitute the entire agreement between parties.
13.5 Waiver
- Waiver of any right must be in writing
- Waiver of one breach does not waive future breaches
- No waiver implied by delay in enforcement
13.6 Notice Requirements
All notices must be:
- In writing and delivered to designated representatives
- Sent via email with delivery confirmation
- Deemed received upon confirmed delivery
14. Industry-Specific Provisions
14.1 Construction Industry Compliance
- Services designed to comply with construction industry regulations
- Documentation maintained for audit and regulatory requirements
- Financial tracking aligned with construction accounting principles
14.2 Luxury Market Considerations
- Enhanced confidentiality for high-profile projects
- Discretion in marketing and case study usage
- Specialized understanding of luxury buyer expectations
14.3 Seasonal Business Patterns
- Recognition of construction industry seasonal variations
- Flexible scheduling for weather-dependent markets
- Performance measurement adjusted for seasonal patterns
15. Contact Information
For questions about these Terms and Conditions:
100x Builds LLC
Email: legal@100xbuilds.com
Phone: [To be added]
Address: [To be added]
For general inquiries: info@100xbuilds.com
For service support: support@100xbuilds.com
For billing questions: billing@100xbuilds.com
16. Effective Date and Acknowledgment
These Terms and Conditions are effective as of January 1, 2025, and apply to all services and products provided by 100x Builds LLC.
By accessing our website, purchasing our products, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
This document constitutes a legal agreement between you and 100x Builds LLC. Please retain a copy for your records.