THE AGREEMENT, IN PLAIN VIEW
Monthly pod
service terms.
Read the terms before you start. Your signed order records the selected plan, price, approved discount and start date.
These terms accompany the new monthly pod offer. The final agreement presented for signature includes your order details and the agreed version. If a negotiated signed order differs, that order controls its stated subject.
1. Services and monthly scope
100x provides AI workflow discovery, design, engineering, integration and delivery through the selected pod. The parties agree the first month's scope, pod allocation, working-hour overlap and measures of success in writing before activation. Subsequent priorities are agreed in the first few days of each calendar month. Requests arriving mid-month go into the next month's backlog unless the parties agree to reprioritize current work. This Agreement purchases the agreed pod capacity and services; it does not promise unlimited scope, an accuracy percentage, a fixed production date or a particular financial result.
The pod provides a U.S.-based engagement lead and a named global engineering team. The activation order records allocation, working-hour overlap and any onsite collaboration. Any additional staffing requires a written change order. The first 100 business days may be planned as five four-week sprints over 20 scheduled workweeks. This delivery roadmap does not change calendar-month billing, create a minimum 20-week commitment or guarantee a completion date.
2. Deposit and activation
The $1,000 reservation deposit is credited dollar-for-dollar against the first service invoice. It is refundable on written request until both parties confirm the initial scope and start date in writing, and refundable if 100x cannot confirm the engagement. After that confirmation, the cancellation and refund terms in the signed order apply. It is not an additional fee on top of the monthly pod price. A deposit or booking does not authorize the monthly balance to be charged.
Monthly services activate only after both parties have accepted this Agreement, the initial scope and start date are confirmed in writing, and the initial service invoice is paid. If a separate automatic-payment authorization is offered, it must state the amounts or calculation, timing and cancellation method and be accepted separately. Without that authorization, monthly balances are paid by the payment method stated on the invoice.
3. Calendar-month billing and renewal
The monthly pod fee is payable in advance on the first day of each calendar month. If service begins during a month, the first service fee is prorated by the number of calendar days from the agreed start date through that month's end divided by the total calendar days in that month, and is paid before service starts. Apply the deposit once to that first service invoice; any excess credit carries to the next invoice.
Services renew monthly until cancelled under Section 11. A month is a calendar month, not a four-week billing period. Renewal invoices are issued at least ten calendar days before their due date. If the parties agree a start less than ten days away, the Client pays the accepted initial invoice before that start. Customer-caused delay after activation does not pause a reserved pod or its fee unless the parties agree otherwise in writing. 100x-caused unavailability will be addressed by an agreed replacement, service credit or refund for undelivered prepaid service.
4. Travel, tech and tokens
Expenses are 100x's own costs only for travel, technology and AI tokens used to provide the Services. They are charged at cost, without markup, and billed separately as incurred with an itemized record. For each service month the aggregate expense charge will not exceed 19% of that month's net pod fee without the Client's prior written approval. Costs below that cap are billed at their actual amount; unused allowance is not charged. Expenses incurred under the Client's direct vendor accounts are paid directly by the Client and are not also charged by 100x. Travel requires the Client's prior written approval.
Expense invoices are due ten calendar days after receipt. The Client must identify an invoice dispute in reasonable detail in writing within ten calendar days after receipt and pay the undisputed amount on time. The parties will work promptly and in good faith to resolve the disputed amount. Unless required by law or an agreed correction, an invoice not disputed within that window is treated as accepted.
5. Discounts and taxes
A discount applies only to the named Client, eligible service, amount and period shown in the final order. It does not change the $1,000 deposit, does not discount third-party pass-through expenses, and does not carry into future months unless expressly stated. A code alone is not a promise of a discount: the accepted order displays its effect before signature. No discount applies retrospectively without a written credit. Applicable transaction taxes, if legally required, are identified separately on the invoice; 100x's income taxes are excluded.
6. Delivery review and changes
100x shares work and progress through the agreed repository and review cadence. The Client provides timely access, materials, instructions and feedback. The Client should report a material deficiency against agreed scope in reasonable detail. 100x will work in good faith to remediate it and agree a practical verification date with the Client. No additional fee is charged for correcting 100x's failure to meet expressly agreed scope. This does not create a non-billable fourteen-day acceptance period after every calendar month or suspend the next month's reserved services automatically.
Either party may request a change by email. A material scope expansion, resource increase or change in fee requires written approval by both parties' authorized contacts before the additional work begins. A change order states the scope, fee and schedule effect. There is no automatic conversion to unapproved hourly billing.
7. Client materials and intellectual property
The Client retains its data, business rules, documents, credentials and other pre-existing materials, and permits 100x to use them only to provide the Services. Custom items expressly identified as deliverables belong to the Client on creation or first commit. The repository will be in a Client-controlled account from the start of development. To the extent permitted by law, those deliverables are works made for hire; otherwise 100x assigns its rights in them to the Client on creation. 100x retains no clawback right in those deliverables.
100x retains its pre-existing tools, methods, templates, frameworks and know-how. Where such background intellectual property is embedded in a deliverable, 100x grants the Client a perpetual, worldwide, royalty-free license to use it as embedded for the Client's business. Third-party and open-source materials remain governed by their applicable licenses, which 100x will identify. The Client can continue using its delivered work after this Agreement ends, subject to third-party licenses and account costs.
8. Confidentiality and data handling
Each party will protect the other's nonpublic business, technical and personal information received through the engagement, use it only for this Agreement, and disclose it only to people who need it and are bound by suitable confidentiality duties. These duties continue for two years after termination, and for trade secrets while they remain protected by applicable law. Information already lawfully known, independently developed, publicly available without breach or lawfully received from another source is excluded. Legally compelled disclosure is permitted with prior notice where lawful and reasonable cooperation to limit disclosure.
The parties agree approved hosting, vendors, access controls and data-processing terms before production data is accessed. 100x will not use Client data to train a general-purpose model without the Client's express written permission. Access is limited to the engagement and revoked when no longer needed. The parties will agree any regulated-data requirements and security addendum before that data is processed.
9. AI use and authorized actions
AI outputs require human verification for material business decisions. The Client retains responsibility for its decisions and required compliance review. Before production activation, the parties record the workflow steps the system may perform, the data it may access, and the actions that require human approval. Access to a system does not by itself authorize every possible write, send, payment or data pull. 100x will implement agreed review, logging and stop controls within the approved scope.
10. Liability and third-party claims
Neither party is liable to the other for indirect, incidental or consequential damages, including lost profits. Each party's aggregate liability under this Agreement is limited to the amount the Client paid 100x during the six months preceding the event giving rise to the claim. The limitation does not apply to fraud, willful misconduct or breach of confidentiality, or to the extent applicable law does not allow the limitation. The Client's obligation to pay agreed fees is not eliminated by this limitation.
100x will defend and indemnify the Client against third-party claims that deliverables as provided by 100x and used as intended infringe a US patent, copyright or trade secret, excluding claims arising from Client modifications, combinations not supplied by 100x or use outside agreed scope. The Client will defend and indemnify 100x against third-party claims arising from Client-supplied materials that infringe third-party rights or the Client's unlawful business instructions or decisions. These obligations are subject to the liability provisions above. The protected party must give prompt notice, reasonable cooperation and control of the defense to the indemnifying party; no settlement may admit fault or impose a nonmonetary obligation on the protected party without its consent.
11. Cancellation and termination
Either party may cancel further monthly service by written notice at least seven calendar days before the current calendar month ends. Cancellation takes effect at the end of that month, which is charged in full except as otherwise stated here. Later notice takes effect at the end of the following month. Before activation, the deposit rule in Section 2 applies instead.
Either party may terminate for the other's material breach if the breach remains uncured fifteen calendar days after written notice describing it. On termination, 100x provides access to completed Client-owned work and returns or deletes Client materials as agreed, subject to legally required retention. The Client pays accrued agreed fees and approved expenses. Prepaid fees for services that 100x will not provide following its uncured material breach are refunded. IP, confidentiality, accrued payment, liability and dispute provisions survive as needed to give them effect.
12. General terms and disputes
Neither party is liable for delay caused by events beyond its reasonable control; the affected party promptly informs the other and makes reasonable efforts to resume. Force majeure does not authorize unapproved extra fees. The parties first attempt to resolve a dispute in good faith. If unresolved after thirty days, it is resolved by binding arbitration administered by the American Arbitration Association in San Francisco, California under its Commercial Arbitration Rules. California law governs, without its conflict-of-law rules. Each party acts as an independent contractor. Neither may bind the other beyond express written authority.
This Agreement, the final order and any signed service/security addenda are the whole agreement for this engagement. A later written change accepted by both parties may amend it. On a conflict, the later signed change controls its stated subject, then the final order, then these terms. Another customer's agreement and older website prices are not incorporated. If a provision is unenforceable, remaining provisions continue to the extent permitted by law.
13. Electronic records and signatures
Each signer represents that they are authorized to bind the named entity. Each party agrees to use electronic records and signatures for this Agreement. The Client may download or print the complete order and terms before signing and retain the signed copy afterward. The website records the accepted document version and the signing event. This Agreement may be signed in counterparts; it becomes effective when both parties have accepted it through the agreed signing or acceptance process. A payment receipt alone does not represent 100x's signature.
A question about the terms?
Contact ceo@100x.inc before signing. You can also read the deposit and cancellation policy.
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