Terms of Service

“We,” “us” and “our” mean Shawn Duncan, doing business as Shawn Duncan Business Advisory, in Austin, Texas. “You” means the person using the site, and the business you represent. If you accept these terms on behalf of a company, you confirm you are authorized to do so. The site is for business owners aged 18 and over.

We are business advisors. We are not attorneys, certified public accountants, tax advisors, licensed financial or investment advisors, insurance producers, or licensed therapists, and nothing we provide is legal, accounting, tax, investment, insurance or medical advice. All content, calculators, scores, assessments, plans and recommendations are general business information and opinion, offered for educational and planning purposes. Consult a qualified licensed professional before acting on anything that has legal, tax, financial or regulatory consequences.

We make no guarantee of revenue, profit, margin, growth, valuation, funding, hiring outcomes, search rankings or any other result. Any figure, range, example or projection is illustrative only, not a promise or a prediction. Business results depend on your market, execution, decisions, staff, capital and conditions outside anyone’s control. You are solely responsible for the decisions you make in your business.

The free calculators and scoring tools apply simplified formulas to numbers you enter. They are estimates, not audited financial analysis, appraisals or valuations, and they do not account for taxes, debt structure, seasonality, accounting method or your specific circumstances. Verify all figures with your bookkeeper, CPA or other qualified advisor before relying on them. We are not responsible for decisions made based on tool output.

A Growth Assessment is a conversation and review, not a contract for services, and either side may decline to proceed. Paid advisory, marketing and custom software work is governed by these terms plus the specific written proposal, statement of work or engagement letter we both accept. If a signed proposal conflicts with these terms, the proposal controls for that engagement.

• Advisory engagements typically run for an initial six-month term. Clients may pay monthly in advance or pay the engagement fee in full, as stated in the accepted proposal. Published rates start at $2,500 per month and are subject to change; the rate and payment schedule in your accepted proposal apply for the duration of that engagement.
• Custom software and marketing projects are quoted per project. Discovery, blueprint and deposit amounts stated in the proposal are due before work begins and are non-refundable once work has started, except as stated in the proposal.
• Invoices are due on receipt unless the proposal says otherwise. Amounts unpaid after 15 days may accrue interest at 1.5% per month, or the maximum allowed by Texas law if lower, and we may pause work until the balance is current.
• Renewal, cancellation and early-termination terms are stated in the accepted proposal. Unless that proposal says otherwise, fees already paid and fees for work already delivered are not refundable.
• You are responsible for third-party costs you authorize — software subscriptions, ad spend, hosting, licenses — and for any applicable sales or use tax.

• Provide accurate, complete and lawful information, and keep it current.
• Make your own decisions and comply with all laws that apply to your business.
• Handle your own employment, wage, tax, licensing, safety and consumer-protection obligations. We advise; we do not act as your employer, agent, officer, fiduciary or joint employer, and no partnership or employment relationship is created.
• Maintain your own records, backups, insurance and legal counsel.

Each party will keep the other’s non-public business information confidential and use it only for the engagement, for three years after the engagement ends. This does not cover information that is public, independently developed, or required to be disclosed by law. Our handling of your information is described in our Privacy Policy.

The site, its copy, design, frameworks, calculators, scoring models, templates and other materials are owned by us and protected by copyright and other laws. You may use them for your own internal business purposes. You may not copy, resell, republish, sublicense, train AI models on, scrape at scale, or repackage them as your own coaching, consulting or software product without our written permission.

For custom software builds, you own your business data. Ownership or license of delivered code is stated in the applicable proposal; we retain rights to our pre-existing tools, libraries and general know-how.

Do not use the site to break the law, infringe rights, transmit malware, attempt unauthorized access to accounts or systems, scrape or overload the service, submit false information, or impersonate anyone. We may suspend or terminate access, or end an engagement, for violations or non-payment.

Any client comment, example or number shown on this site reflects that specific situation and is not typical, expected or guaranteed for you.

The site, tools and services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation. We do not warrant that any content, calculation or recommendation will produce a particular outcome.

To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost savings, lost data, business interruption or reputational harm, even if we were advised of the possibility.

Our total liability for any and all claims arising from the site or an engagement is limited to the amount you actually paid us under the applicable engagement before the claim arose, or $500 if you paid us nothing. Some jurisdictions do not allow certain limitations, in which case they apply to the maximum extent permitted.

You agree to indemnify and hold harmless Shawn Duncan and Shawn Duncan Business Advisory, and their contractors, from claims, damages, losses and reasonable legal fees arising from your business operations, your decisions, your use of the site or our deliverables, your violation of these terms, or your violation of any law or third-party right.

These terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. Before filing any claim, you agree to contact us at support@businesscoachshawn.com and attempt to resolve the dispute informally for 30 days. Unresolved disputes will be brought exclusively in the state or federal courts located in Travis County, Texas, and both parties consent to that venue and jurisdiction. Claims must be brought individually, not as a class action, and within one year of when the claim arose. Either party may seek injunctive relief for misuse of confidential information or intellectual property.

• Force majeure. Neither party is liable for delays caused by events beyond reasonable control.
• Severability. If a provision is unenforceable, the rest stays in effect.
• No waiver. Not enforcing a term is not a waiver of it.
• Assignment. You may not assign these terms without our written consent.
• Entire agreement. These terms plus any accepted proposal are the entire agreement between us.
• Changes. We may update these terms; the posted version applies to continued use of the site, and material changes to an active engagement will be communicated in writing.