Terms & Conditions

Preamble

Proactive Creator builds structured AI client-access layers around the methods of specialists. The work is architectural, not generic. These Terms reflect that: they are written to be clear, fair, and precise - not to obscure.

We have chosen to publish a single, plainly-worded set of Terms rather than a longer document hidden behind formality. If anything here is unclear, ask before you engage.

1. About the Service

Proactive Creator is a strategic, architectural, and implementation service for specialists, advisors, consultants, educators, authors, speakers, and other expertise-driven professionals.

The service exists to turn an established method, body of knowledge, or intellectual property into a structured AI-supported client-access layer that the specialist can stand behind.

2. Acceptance of These Terms

By booking a strategy call, submitting a qualification form, entering into commercial dialogue, or engaging Proactive Creator in any form, you confirm that you have read and accept these Terms & Conditions.

If you do not accept them, please do not proceed.

3. Nature of the Service

Proactive Creator is not a self-serve software product, a course, or a marketing service. It is a strategic and implementation engagement that is selectively offered and individually scoped.

Depending on the agreed scope, an engagement may include:

• positioning and method clarification
• method extraction and knowledge architecture
• AI system design and structuring
• prompt, role, and conversation design
• client-entry, qualification, and activation logic
• onboarding and launch support
• optional managed knowledge and operational layers

4. Commercial Structure

Pricing, scope, deliverables, timelines, and support terms are agreed individually for each engagement and confirmed in writing.

No public wording, package description, blog post, social post, or website copy creates a binding commercial commitment unless it is expressly confirmed in a separate written agreement signed by both parties.

5. Payment Terms

Engagements with a total fee under €10,000 are invoiced in full upon signed agreement and are payable before kickoff.

Engagements with a total fee of €10,000 or above are structured as milestone-based invoicing, with the first milestone payable before kickoff and subsequent milestones tied to defined delivery points.

Standard payment term is net 8 days from invoice date unless otherwise agreed in writing. All prices are stated exclusive of VAT.

Once an engagement has been kicked off, fees already paid are non-refundable. Where work has begun on a milestone, that milestone is considered earned in full upon commencement unless otherwise agreed in writing.

Late payment may pause the engagement and may incur statutory interest under Danish law.

6. Cancellation and Termination

Either party may terminate an engagement in writing for material breach that remains uncured after a reasonable cure period.

If the client cancels before kickoff, any deposit paid is retained as compensation for reserved capacity, strategic preparation, and declined alternative engagements.

If the client cancels after kickoff, all milestones invoiced or in progress remain due. Proactive Creator will deliver work completed to date, but is under no obligation to continue work, transfer in-progress assets, or refund earned milestones.

Proactive Creator reserves the right to decline or end an engagement where the work would compromise professional, ethical, or legal standards.

7. What Proactive Creator Provides

Depending on the agreed scope, Proactive Creator may provide:

• strategic clarification and positioning
• method-to-AI structuring
• knowledge architecture
• prompt and conversation design
• role and tone definition
• client-entry and activation logic
• launch support
• optional managed knowledge and operational layers

8. Client Responsibility

The client remains responsible for:

• the truthfulness, accuracy, and legality of submitted materials
• rights to use and commercialize the content they provide
• their own business claims, marketing, and professional positioning toward end users
• compliance in their own organization, including any regulated professional obligations
• operational use and monitoring of the deliverable after handover, unless otherwise agreed in writing
• end-user relationships, support, and outcomes after launch, unless otherwise agreed in writing

9. Confidentiality

Both parties treat non-public information shared in the course of an engagement as confidential and use it only for the purpose of the engagement.

Confidentiality survives termination of the engagement. A separate non-disclosure agreement may be executed where the client requires it; in its absence, this clause governs.

Proactive Creator may reference the existence of a working relationship and the public-facing nature of the deliverable for portfolio and reference purposes, unless the client opts out in writing.

10. Intellectual Property

Each party retains ownership of its own pre-existing intellectual property.

Unless otherwise agreed in writing:

• the client retains rights in their own method, content, and source materials
• the client receives a perpetual, worldwide licence to use the final, paid-for deliverable for its intended commercial purpose
• Proactive Creator retains rights in its own frameworks, templates, service methods, prompts patterns, and implementation know-how, including any generic components reused across engagements

Until the relevant invoice is paid in full, no licence to the deliverable transfers to the client.

11. Third-Party Infrastructure

Implementations typically run on third-party infrastructure such as model providers, cloud platforms, and operational services. Such infrastructure is governed by the relevant provider's own terms, processor arrangements, billing flows, and operational dependencies.

Where appropriate, the client maintains direct billing or payment arrangements with relevant underlying infrastructure providers. Proactive Creator does not assume operator responsibility for systems it does not own.

12. Renewal and Continuation Principle

Any renewal or continuation cost that Proactive Creator must pay on behalf of the client is always invoiced to the client in advance.

No renewal is processed by Proactive Creator until the client has paid the relevant renewal invoice in full.

13. No Financing Rule

Proactive Creator does not function as a financing intermediary for client renewals, infrastructure renewals, or ongoing usage costs.

If payment is not received by the stated deadline, Proactive Creator is under no obligation to renew or continue the relevant licence, platform access, or connected service period.

14. Support and Post-Launch Scope

Unless otherwise agreed in writing, an engagement does not include indefinite support, ongoing optimization, or managed service after launch.

Any post-launch support, updates, managed knowledge work, onboarding layers, customer-success layers, or continuity services must be separately agreed and separately invoiced.

15. No Guarantee of Outcome

Proactive Creator engagements are professional services delivered against a defined scope. They are not a guarantee of any specific commercial, technical, strategic, or financial result.

Outcomes depend on the quality of the source material, the client's own positioning and execution, market conditions, and ongoing operational decisions outside Proactive Creator's control.

16. Acceptable Use

Deliverables may not be used for unlawful purposes, to mislead end users, to circumvent applicable regulation, or in ways that violate privacy, intellectual property rights, or regulated professional boundaries.

Proactive Creator may suspend or terminate access to in-progress deliverables if it has reasonable grounds to believe this clause is being breached.

17. Technical Dependencies and Service Interruption

Where a solution depends on third-party infrastructure, availability and performance may be affected by systems outside Proactive Creator's direct control.

Where downtime or technical interruption is caused by third-party infrastructure, any remedy from Proactive Creator is limited to what is reasonably within its control and what is agreed in writing.

Unless otherwise expressly agreed, compensation for technical interruption is limited to reasonable service extension and does not include automatic cash refund.

18. Force Majeure

Neither party is liable for delay or failure to perform caused by events outside its reasonable control, including natural disasters, war, civil unrest, large-scale infrastructure failure, government action, model-provider outages, or other circumstances of comparable severity.

The affected party will notify the other in writing without undue delay and resume performance as soon as reasonably possible.

19. Limitation of Liability

To the maximum extent permitted by law, Proactive Creator is not liable for indirect, incidental, consequential, or business-loss damages, including loss of profit, loss of revenue, loss of opportunity, loss of data, or reputational harm.

Where liability cannot lawfully be excluded, total aggregate liability is limited to the fees paid by the client for the specific engagement giving rise to the claim, and in no case exceeds the fees paid in the twelve months preceding the event.

20. Governing Law and Disputes

These Terms are governed by the laws of Denmark, unless mandatory consumer or commercial law requires otherwise.

The parties will first attempt to resolve any dispute in good faith through direct dialogue. Where that fails, the courts of Denmark have exclusive jurisdiction.

21. Changes to These Terms

Proactive Creator may update these Terms from time to time. The latest version is published on this page with the updated date.

For active engagements, the version of the Terms in force at the date of the signed agreement governs that engagement, unless the parties agree otherwise in writing.

22. Source Rights, Permissions, and Provenance

Before any source material is ingested, structured, or processed, the client confirms in writing that they hold the rights and permissions necessary for the intended use, and that providing the material does not breach any third-party agreement, licence, or confidentiality obligation.

Attendance on a programme, purchase of a book or course, or possession of a copy does not by itself constitute permission. The following require documented permission that expressly covers digitisation, adaptation, AI processing, and delivery to the client's own clients:

• course recordings, slide decks, handouts, and workbooks
• books, articles, audio libraries, and other published works
• certification, licensing, or train-the-trainer material
• recordings, transcripts, or notes involving participants or clients
• frameworks, models, tests, or assessments owned by a third party

Where the source material contains personal data, the client is responsible for having a lawful basis and the necessary permissions for that data to be provided and processed for the agreed purpose, including permissions from participants or their own clients.

No ingestion or processing takes place before rights clearance for the material in question. Material whose provenance or permission cannot be established is excluded.

Each engagement includes a source provenance and rights register recording, for each source, its origin, rights holder, the permission relied upon, and the permitted use. The client is responsible for the accuracy of the information they provide to that register.

23. Deployment Architecture and Third-Party Dependencies

Where and how a delivered system runs is determined case by case as a security and architecture question. For non-sensitive, appropriately authorised use cases, systems are deployed on established cloud and model providers, with the providers, agreements, and resulting data flow named and approved in writing before work begins.

For regulated, security-sensitive, or high-assurance use cases, the engagement begins with an architecture discovery and assessment process, subject to technical, contractual, and vendor due diligence. Proactive Creator does not represent that private, sovereign, isolated, or air-gapped deployment is currently available as a standing capability, and gives no assurance that such requirements can be met.

All deployments depend on third-party providers. Those providers process data under their own terms, and their availability, pricing, model behaviour, and features may change or be discontinued. Proactive Creator does not guarantee uninterrupted availability of any provider, model, or integration, and is not liable for changes made by a provider outside its control.

Separately from the security architecture, the parties agree in writing who operates the delivered system day to day, and who holds the relevant provider accounts and billing. That commercial choice does not alter the agreed security architecture.

24. AI Transparency and Human Responsibility

Systems delivered by Proactive Creator use AI models to generate responses. Output is probabilistic and can be incomplete, outdated, or wrong, even when the underlying method is sound.

Output produced by such a system is not regulated professional advice. It is not medical, psychological, legal, financial, tax, or other regulated advice, and it does not replace assessment by a qualified human professional.

The client remains professionally and legally responsible for their own advice, services, and decisions, and for how the system is presented to their clients. Deliverables include agreed boundaries, disclosure wording, and handover points to a human, and the client is responsible for keeping those in place in live use.

25. Special-Category and Highly Confidential Data

Special categories of personal data - including health, biometric, genetic, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life, or sexual orientation data - and highly confidential material such as trade secrets or client case files, are processed only within a scope expressly approved in writing.

Such an approved scope requires an identified lawful basis, defined purpose limitation, named participating providers, and agreed technical and organisational safeguards. Where those conditions are not met, the material is not provided to Proactive Creator and is excluded from the engagement.

Absent an approved scope, the client must not upload, paste, or otherwise transfer special-category or highly confidential data into any system, tool, or channel used in the engagement.

26. Ownership and Licensing of Deliverables

Ownership, licence scope, permitted use, sublicensing, and any transfer of deliverables are governed by the project-specific written agreement for the engagement.

Where this page and a signed project agreement differ on ownership or licensing, the project agreement governs for that engagement. Nothing on this page grants rights beyond what that agreement sets out.

27. Contact

For commercial, contractual, or support questions, contact hello@proactivecreator.com.