Sprint Terms of Service

These terms are between you (the business named at checkout, “you”) and MarginSurge LLC, a California limited liability company at 2606 W Empire Avenue, Burbank, CA 91504 (“MarginSurge,” “we”).

If you already have a signed Master Services Agreement with us, that agreement governs, and these terms serve as the engagement schedule for your Sprint purchase. If you don't, these terms are the whole agreement for that purchase.

Our site-wide Terms of Service and Refund Policy apply to everything else you buy from us, including digital downloads. For Sprints, this page controls where the two differ.

You confirm that the person completing checkout is authorized to bind your business.

You're buying the deliverables listed on the Sprint's product page, for the number of locations stated there. That page — as it read when you purchased — defines the scope. We'll perform the work with reasonable skill and care, and we decide who on our team does it.

A Sprint is analysis and recommendations delivered as documents and working files. It is not implementation, and it is not accounting, legal, tax, investment or food-safety advice. We're not a CPA firm or a law firm.

Unless the Sprint's page says otherwise, the following are outside scope:

• Additional locations or legal entities beyond those you paid for
• On-site visits, and any travel
• Negotiating with, purchasing from, or contracting with vendors on your behalf
• Configuring your POS, accounting, payroll or scheduling systems
• Preparing financial statements, tax filings, or lender or investor packages
• Hiring, training, supervising or disciplining your staff
• More than the one revision round in Section 7

We're glad to do most of these — see Section 8.

After purchase we send you an intake request. What we typically need: profit-and-loss statements for the trailing twelve months, a point-of-sale product-mix report for the trailing ninety days, your current menus with prices, recent food and beverage vendor invoices, and a recent labor or payroll report. The Sprint's page lists what that particular Sprint requires.

Your delivery window begins on the business day after we have a complete intake packet. We'll tell you if something is missing.

You may redact individual employee names from payroll records before sending them. We don't need them.

The price is what's shown at checkout, exclusive of any sales, use or similar tax. Payment is due in full at purchase.

For Sprints priced above $5,000 we may offer a two-payment option: 60% at checkout and 40% charged automatically on the fourteenth day of the Sprint. Choosing it authorizes us to charge that second payment to the same method without further notice. Both charges fall before final delivery.

If a scheduled charge fails, we'll retry and let you know. We may hold delivery until it clears, and any amount unpaid more than ten days after its due date accrues interest at the lesser of 1.5% per month or the maximum your state allows.

You can cancel for a full refund at any point before the earlier of these two things happens: we receive your intake materials, or we hold the kickoff call. Email info@msurgeco.com with “Refund request” in the subject line and your order number. We reply within three business days, and approved refunds reach you within five to ten business days.

After that point the fee isn't refundable — we've begun work and reserved the time — but it isn't lost either. At your election we'll hold it as a credit, valid for twelve months, against any MarginSurge engagement, including a different Sprint or a larger project. Credits aren't transferable to another business and aren't redeemable for cash.

If we can't deliver a Sprint you've paid for, you get a full refund. That's the extent of our obligation in that situation.

Each Sprint includes one round of revisions, requested within fourteen days of delivery. A revision means correcting an error, adjusting an assumption, or clarifying something we delivered — not adding a location, a scenario or a deliverable that wasn't in scope. Send all your revision points at once so we can address them together.

Out-of-scope work is available at $275 per hour, or as a fixed quote if you'd rather. Either way we'll confirm the work and the fee in writing, and payment comes before that work starts. Nothing gets added to your bill without your written go-ahead.

You're responsible for the accuracy and completeness of what you send us, and we're entitled to rely on it without independently verifying it. A Sprint built on a mis-stated food cost will reach a mis-stated conclusion.

You also stay responsible for your own business decisions. We analyze and recommend; you decide what to do and you implement it. Pricing, staffing, purchasing, and compliance with health, food-safety, licensing and wage-and-hour law are yours.

We treat your financials, recipes, vendor terms, pricing and personnel information as confidential. We use them to perform the Sprint, we share them only with our own team and subcontractors who are under equivalent obligations, and we protect them with reasonable care. These obligations last three years after delivery, and indefinitely for anything that qualifies as a trade secret.

We may use anonymized, aggregated figures — the kind that can't identify you or your restaurant — to maintain the benchmarks we compare clients against. If you'd rather we didn't, tell us and we'll exclude you.

We'll return or delete your materials on written request after delivery, except for copies in routine backups.

We keep ownership of our methodologies, models, templates, benchmarks and working files, including any improvements we make to them while working on your Sprint.

Once you've paid in full, you have a perpetual, non-exclusive license to use the deliverables — and anything of ours built into them — to run the locations you paid for. Use them as much as you like there.

What you can't do is resell, publish or redistribute them outside your own operations, or use them to advise other restaurants, without our written consent.

Your own data, recipes, menus and brand stay entirely yours.

We don't guarantee any level of savings, revenue, margin or profitability. Whether a Sprint pays for itself depends on your execution, your team, and cost and market conditions we don't control.

Every figure we give you — a projected saving, a modeled prime cost, a benchmark comparison — is an estimate based on assumptions we'll state at the time. It's our best professional judgment, not a promise. Beyond performing the work with reasonable skill and care, we make no warranties, express or implied, to the fullest extent the law allows.

We don't accept commissions, rebates, referral fees or marketing allowances from any vendor, distributor or broker in connection with something we recommend to you — not without telling you in writing first. Our fee is the price you paid. If a recommendation ever came with compensation attached, you'd know before you acted on it.

Our total liability arising from a Sprint is capped at what you paid for that Sprint. Neither of us is liable to the other for lost profits, lost revenue, lost savings, lost goodwill or business interruption, or for indirect, incidental, special, consequential or punitive damages.

These limits don't apply to your obligation to pay, to either side's breach of Section 10, or to fraud, willful misconduct or gross negligence — or to anything else the law says can't be limited. The price reflects this allocation of risk.

Email us before you file a chargeback, and give us ten days to sort it out. Most billing problems are a failed card or a duplicate charge and take one message to fix. This doesn't limit any right you have under the law or your card network's rules.

These terms are governed by California law, without regard to its conflict-of-laws rules.

If something goes wrong, the first step is a conversation: one of us gives written notice, and within twenty days an authorized person from each side talks it through. If that doesn't resolve it, we'll split the cost of a single mediator in Los Angeles County before anyone files anything. After that, the state and federal courts in Los Angeles County have exclusive jurisdiction, and both of us consent to that venue. The prevailing party in any proceeding may recover reasonable attorneys' fees and costs.

We may revise these terms. The version in effect on the date you purchase is the version that governs your Sprint, and we keep prior versions available on request. The version number and date are at the top of this page.

If any provision turns out to be unenforceable, it gets narrowed just enough to work, or removed, and the rest stays in force.

Email info@msurgeco.com for anything about a Sprint — intake, delivery, refunds or billing. We answer within one business day.