Terms and Conditions

Effective Date: January 1, 2025


IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND WAIVER OF JURY TRIALS AND CLASS ACTIONS GOVERNING DISPUTES ARISING FROM USE OF THE SERVICES. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN SECTION 14.


1. Acceptance of Terms

Welcome to Convergence Solutions. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "User," or "you") and Convergence Solutions ("Company," "we," "us," or "our") governing your access to and use of our websites, including https://convergence.solutions/ and https://human-operated.flywheelsites.com/ (the "Sites"), and your purchase or use of our consulting services and certification programs (collectively, the "Services").

By accessing the Sites or engaging our Services, you agree to be bound by these Terms. If you do not agree, you must immediately cease all use of the Sites and Services.


2. Services Overview

Convergence Solutions provides a unique portfolio of services:

  • Business Consulting: Implementation of AI frameworks, Microsoft Systems, and IT support frameworks.
  • "Human-Operated" Certification: A certification program designed to verify and signal that a business prioritizes human interaction over automated AI processes.  


3. "Human-Operated" Certification Program

3.1 Eligibility and Standards

To qualify for the "Human-Operated" Certification, including the "Human Operated Communications Certificate" and "Human Operated Media Certificate," you represent and warrant that your business practices conform to the following standards :   

  • Communications: A human being is available to speak with your clients, and human agents are empowered to solve client problems without reliance on automated decision-making loops.
  • Media: All social media content is composed and posted by humans. All product reviews displayed or solicited are created by humans who have actually used your services.
  • AI Usage: You do not utilize generative AI, chatbots, or synthetic voice agents to simulate human interaction in customer-facing roles.

3.2 The Honor System and Attestation

You acknowledge that the initial granting of the Certification may be based on an "Honor System" relying on your self-attestation. You certify that all information provided during the application process is truthful, accurate, and complete. Any material misrepresentation constitutes fraud and is grounds for immediate termination of this Agreement and forfeiture of all fees.   

3.3 License Grant

Subject to your compliance with these Terms and payment of applicable fees ($500/year) , Company grants you a limited, non-exclusive, non-transferable, revocable license to display the "Human-Operated" certification badge and logo on your website, marketing materials, and storefront. This license allows you to link the badge to our verification database.   

3.4 Restrictions

You may not:

  • Alter, modify, or distort the "Human-Operated" badge.
  • Use the badge in a manner that implies endorsement by any government agency.   
  • Continue to display the badge after your certification has expired or been revoked.


4. Fees and Payment

  • Certification Fees: The "Human-Operated" Certification is a subscription service billed annually. The fee covers all eligible certifications (Communications, Media) for a single business entity.   
  • Consulting Fees: Fees for AI framework setup, Microsoft Systems implementation, and other consulting services will be detailed in a separate Statement of Work (SOW) or invoice.
  • Refund Policy: Certification fees are non-refundable, including in the event of revocation due to non-compliance.


5. Consulting Services (AI & Microsoft Systems)

5.1 Managed Service Provider (MSP) Role

We act as an MSP to assist you in setting up and managing Microsoft Systems and AI frameworks. You acknowledge that our role is advisory and technical. We do not own the underlying software (e.g., Microsoft 365, Azure, OpenAI APIs) and are not responsible for defects, outages, or data breaches inherent to those third-party platforms.   

5.2 Client Responsibilities

You agree to:

  • Provide necessary access to your IT environment.
  • Maintain valid licenses for all third-party software (e.g., Microsoft licenses).
  • Implement data backup procedures unless explicitly contracted to us.


6. Audit and Revocation Rights

To maintain the integrity of the "Human-Operated" Certification, strict compliance monitoring is required.

6.1 Right to Audit

We reserve the right to audit your compliance with the Certification standards at any time, with or without notice. Audit methods may include:

  • Mystery Shopping: Our agents may call your customer support or interact with your social media to verify human responsiveness.   
  • Digital Analysis: We may scan your website code for chatbot scripts or analyze your content for patterns indicative of AI generation.
  • Documentation Request: We may request logs or operational workflows to verify human oversight.

6.2 Remediation and Revocation (The "Three Strikes" Rule)

  • First Failure: You will be notified of the non-compliance and given thirty (30) days to rectify the issue ("Cure Period").   
  • Second Failure: A second audit failure will result in a temporary suspension of your certification status.
  • Third Failure: A third failure, or failure to cure a defect within the Cure Period, will result in the immediate and permanent revocation of your Certification and termination of your license to use the badge. You will be ineligible for re-application for a period of up to one (1) year.   


7. Intellectual Property

  • Company IP: All content on the Sites, the "Human-Operated" name, logo, badges, and the proprietary methodologies used in our consulting services are the exclusive intellectual property of Convergence Solutions.
  • Client Data: You retain ownership of your data. You grant us a license to use your data solely to provide the Services.


8. AI Disclaimer and Limitation of Liability

8.1 AI Hallucinations and Accuracy

If you engage us to set up AI frameworks, you acknowledge that AI systems are probabilistic and may generate errors, false information ("hallucinations"), or biased content. Convergence Solutions makes no representation or warranty regarding the accuracy, reliability, or safety of output generated by AI systems. You are solely responsible for human review and verification of all AI-generated content before use.   

8.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) CONVERGENCE SOLUTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF OUR SERVICES, THE "HUMAN-OPERATED" CERTIFICATION, OR ANY THIRD-PARTY PLATFORM FAILURES (E.G., MICROSOFT AZURE OUTAGES). (B) OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THE "HUMAN-OPERATED" CERTIFICATION SERVICES SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU FOR SUCH CERTIFICATION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. (C) OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF CONSULTING SERVICES SHALL BE LIMITED TO THE LIABILITY CAP SPECIFIED IN YOUR STATEMENT OF WORK, OR IF UNSPECIFIED, THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.   


9. SEO and Results Disclaimer

While the "Human-Operated" Certification includes entry into our SEO directory, we do not guarantee any specific results, including but not limited to increased website traffic, higher search engine rankings, or increased sales. Search engine algorithms are dynamic and outside our control.   


10. Indemnification

You agree to indemnify, defend, and hold harmless Convergence Solutions and its officers, directors, and employees from any claims, liabilities, damages, and expenses (including legal fees) arising from:

  • Your violation of these Terms.
  • Your misuse of the "Human-Operated" badge.
  • Claims of false advertising or consumer fraud brought against you by your customers regarding your "Human-Operated" status.
  • Any content or actions generated by the AI frameworks we implemented for you.


11. Third-Party Links and Tools

Our Sites and Services may integrate with third-party tools (e.g., Microsoft 365, Flywheel hosting). We are not responsible for the availability, security, or content of these third-party services. Your use of them is subject to their respective terms and policies.


12. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Denver, Colorado, and the parties hereby consent to the personal jurisdiction and venue therein.


13. Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach thereof shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in Denver, Colorado. The arbitration shall be conducted by a single neutral arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You and Convergence Solutions agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.


14. Contact Information

Notices under these Terms should be sent to: