Terms & Conditions
Last Modified: May 5, 2026
These Terms govern your use of the Start My Protocol website and the framework under which Protocol Fitness Technologies, Inc. ("Protocol," "we," "us") delivers agency engagements. Each individual engagement is also governed by a separate signed Master Services Agreement ("MSA") and Statement of Work ("SOW"). If anything in those signed documents conflicts with these Terms, the signed MSA / SOW controls.
1. Site use
This website is provided "as is" for general information about our agency offering. You may not (a) reverse-engineer it, (b) scrape or harvest data, (c) use it to build a competing product, or (d) misrepresent your identity when contacting us. We may update or remove content at any time.
2. The engagement
Our standard offering — described on this website — is a productized 60-day platform launch plus an optional ongoing managed-service component. The full scope, deliverables, timeline, and price for any engagement are documented in the MSA and SOW signed by both parties before work begins.
3. Payment terms
Implementation: 50% of the implementation fee is due on signature; 50% is due at launch. The 50% deposit secures our calendar and the up-front planning, scoping, and architecture work — see the Refund Policy.
Managed service: any ongoing monthly fee is invoiced in advance, with terms stated in the SOW. Annual prepayment, where elected, is non-refundable once the term has begun.
Bespoke and retainer: custom engineering and strategic engagements are quoted and invoiced per the schedule documented in the relevant SOW.
Late payments accrue interest at the lesser of 1.5% per month or the maximum permitted by law. Sustained non-payment is grounds for suspending work and, after notice, for termination.
4. Scope and changes
Every engagement runs against a written scope. Additional work — features, integrations, redesigns, or anything outside the SOW — is documented as a written change order, priced separately, and started only after written approval. We will not "absorb" scope to be friendly. This protects the work.
5. Intellectual property
Client deliverables: on full payment, you own the customized brand assets, configurations, content, and any client-specific code we write for your engagement.
Platform foundation: the underlying platform — the productized codebase, libraries, internal tooling, and architecture we developed across prior engagements — remains the property of Protocol. We license its use to you under your engagement terms; we do not sell the foundation itself.
Your data: all data you upload, integrate, or generate inside your platform is yours. We hold it as a processor for the purpose of delivering the engagement.
6. Confidentiality
Each side keeps the other's non-public information confidential and uses it only for the engagement. This obligation survives termination. Either side may sign a separate, more specific NDA before discovery; we routinely do.
7. Warranties and disclaimers
We warrant that we will perform the work professionally, exercise reasonable care, and meet the deliverables stated in the SOW. We do not warrant uninterrupted or error-free operation of any platform or that the engagement will produce specific business outcomes (patient volume, revenue growth, clinical results). Beyond what is expressly stated in the MSA and SOW, all other warranties — express or implied, including merchantability and fitness for a particular purpose — are disclaimed to the maximum extent permitted by law.
8. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, consequential, special, or punitive damages, or for lost profits or revenue. Our aggregate liability for any engagement is capped at the fees paid by you under that engagement in the twelve months preceding the claim. Nothing in this section limits liability that cannot lawfully be limited (e.g., gross negligence, willful misconduct, fraud).
9. Termination
Either side may terminate an engagement for material, uncured breach by the other after written notice and a 30-day cure period. The 50% implementation deposit is non-refundable on signature. Fees for work already performed up to the termination date are due. See the Cancellation Policy for ongoing managed-service termination.
10. Governing law
These Terms and any signed MSA / SOW are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Each party consents to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute that is not first resolved through good-faith negotiation.
11. Updates
We may update these Terms. The "Last Modified" date reflects the most recent revision. Active engagements continue under the Terms in effect at the time of signature unless amended in writing.
12. Contact
Protocol Fitness Technologies, Inc.
d/b/a Start My Protocol
2261 Market Street, STE 46132
San Francisco, CA 94114
Email: build@startmyprotocol.com
Phone: (650) 761-7360