1. Introduction
Welcome to Despertare Agile Solutions, the trading name of Tamarindo Agile Catalyst, S.L. (“Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your use of our website (despertareagile.com) and the agile consulting services we provide. By accessing our website or engaging our services, you expressly agree to these Terms. If you do not agree, please refrain from using our website and services.
Note: Our services are provided directly by our founder. We do not operate as a freelancer platform or marketplace.
2. Service Description
We are an independent agile consulting service specializing in:
- Agile Coaching & Consulting: Scrum Master and Product Owner mentoring, agile transformation strategies.
- Project-Based Consulting: Customized solutions defined via formal written proposals.
- Workshops & Training: Tailored learning sessions—from one-day workshops to multi-day programs—to enhance agile best practices.
Our services are delivered remotely to software development teams and organizations across the United States and Europe.
3. Client Engagement & Obligations
- Engagement Models: Services may be provided on a project‑based, hourly, or retainer basis, as specified in your engagement agreement.
- Discovery & Proposal: Every engagement begins with a discovery consultation to assess your needs, followed by a detailed proposal.
- Client Responsibilities: You agree to provide accurate and timely information, grant necessary access to your tools (e.g., Jira, Miro), and designate a primary contact for decisions.
- Collaboration: Our consulting services are advisory in nature; client decisions and implementation remain solely your responsibility.
4. Payments & Billing
- Fee Schedule: All fees, payment schedules, and deliverables are clearly specified in your engagement agreement.
- Invoicing: Invoices are issued on a net 14‑day basis.
- Currency: We accept payments in USD or EUR. For USD invoicing, conversion details and any applicable fees will be communicated.
- Non‑Payment: We reserve the right to suspend or terminate services for non‑payment.
5. Intellectual Property
- Our Materials: All methodologies, frameworks, presentations, reports, and related documents provided remain our intellectual property.
- Client-Created Materials: Deliverables produced specifically for you become your property upon full payment, while our proprietary methods remain protected.
- License: You receive a non‑exclusive license to use our proprietary tools and frameworks solely for internal business purposes.
6. Confidentiality
Both parties agree to maintain strict confidentiality regarding any information disclosed during the engagement that is marked as confidential or would reasonably be considered confidential. Disclosure to third parties is prohibited except as required by law or with prior written consent.
7. Limitation of Liability & Disclaimer
- Disclaimer: Our services are provided “as is” and “as available.” While we use battle‑tested agile methodologies, we cannot guarantee specific outcomes or financial results.
- Liability Limitation: Our total liability is limited to the fees paid for the specific service engagement. We shall not be liable for any indirect, incidental, or consequential damages, including loss of revenue or profits.
8. Dispute Resolution
- Good-Faith Negotiation: In the event of a dispute, both parties will attempt to resolve the issue amicably through negotiation.
- Mediation/Arbitration: If negotiations fail, disputes shall be submitted to binding mediation or arbitration in Spain before pursuing litigation.
9. Termination & Amendments
Termination: Either party may terminate the engagement by providing written notice if a material breach is not cured within a reasonable period. Upon termination, you remain responsible for payment for services rendered up to the termination date.
Amendments: We may update these Terms periodically. Continued use of our services after any changes constitutes acceptance of the revised Terms. Specific engagement terms may be modified only by mutual written agreement.
10. Governing Law & Contact
These Terms shall be governed by and construed in accordance with Spanish law. Any dispute shall be resolved in the courts of Spain.
Contact: For any questions regarding these Terms, please use our secure online contact form:
