Terms of Service
Sierra Strategic Consulting LLC, doing business as "Sierra Strategic"
Last updated: June 14, 2026
These Terms of Service (these "Terms") constitute a binding agreement between Sierra Strategic Consulting LLC, a California limited liability company doing business as "Sierra Strategic" ("Sierra Strategic," "we," "us," or "our"), and the person or entity accessing or using the Site or the Services ("you" or the "Client"). Read these Terms carefully. Section 13 contains provisions governing dispute resolution, including, where applicable, an agreement to arbitrate and a waiver of class actions.
1. Acceptance and Eligibility
1.1. By accessing or using the website located at sierra-strategic.com and any associated subdomains and pages (collectively, the "Site"), by submitting a Blueprint intake, or by otherwise engaging Sierra Strategic for any service described in Section 3, you accept and agree to be bound by these Terms and by the Policies referenced in Section 16. If you do not agree, do not access or use the Site or the Services.
1.2. The Site and the Services are offered solely for business and commercial purposes. They are not directed to consumers acting in a personal or household capacity. The Site and the Services are not intended for, and Sierra Strategic does not knowingly collect personal information from, individuals under the age of 16. Use of the Site and the Services requires the user to be at least 18 years of age, as stated in Section 1.3.
1.3. You represent and warrant that you are at least 18 years of age, that you are accessing and using the Site and the Services on behalf of a business, company, or other organization (the "Client Organization"), and that you have the authority to bind that Client Organization to these Terms. Where these Terms refer to the "Client," they refer to the Client Organization and to each individual acting on its behalf.
1.4. If you submit information on behalf of a Client Organization, you further represent that you are authorized to provide that information and that doing so does not violate any obligation owed to a third party.
2. Definitions
For purposes of these Terms, the following capitalized terms have the meanings set forth below. Other terms are defined where they first appear.
2.1. "Agreement" or "Client Services Agreement" means a written services agreement executed by Sierra Strategic and a Client that governs a specific engagement, together with each Statement of Work attached to or incorporated into it.
2.2. "Blueprint" means the paid, fixed-fee scoping and audit engagement described in Section 3.2, which produces a one-page blueprint and a fixed-price Statement of Work.
2.3. "Care Plan" means any optional, recurring monthly maintenance or support subscription offered by Sierra Strategic, including the plans currently designated "Keep-Alive," "Sierra Care+," and "Growth Partner."
2.4. "Deliverables" means the software, code, designs, documentation, and other work product that Sierra Strategic creates for a Client and delivers under an Agreement.
2.5. "Policies" means the Privacy Policy, the Refund & Payment Policy, and any other policy that Sierra Strategic publishes on the Site and identifies as incorporated into these Terms.
2.6. "Services" means, collectively, the Site, the Blueprint, fixed-price custom-software development builds, Care Plans, and any related consulting, integration, or support services that Sierra Strategic provides.
2.7. "Scope" means the description of work, assumptions, dependencies, and exclusions set forth in a Statement of Work.
2.8. "Sierra Materials" means the materials, methods, frameworks, templates, tools, code libraries, and know-how that Sierra Strategic owns or licenses and that pre-exist, or are developed independently of, a particular engagement, as further described in Section 6.
2.9. "Statement of Work" or "SOW" means a document attached to or incorporated into an Agreement that defines the Scope, fees, timeline, and other terms of a specific engagement.
3. The Services and the Blueprint
3.1. Nature of the Services. Sierra Strategic is a custom-software development studio serving small and mid-sized businesses. Its work includes internal tools, business automations, client and customer portals, booking and scheduling systems, custom applications, and integrations. Engagements are founder-led and delivered by Sierra Strategic's personnel together with vetted contractors and service providers under confidentiality obligations.
3.2. The Blueprint. The Blueprint is a paid, fixed-fee engagement in which Sierra Strategic assesses a Client's workflows and objectives and produces (a) a one-page blueprint and (b) a fixed-price Statement of Work for a proposed build. Purchase of a Blueprint does not obligate either party to enter into a subsequent build, and Sierra Strategic makes no representation that any particular build, outcome, or result will follow from it.
3.3. Builds Governed by a Separate Agreement. Any custom-software build or other implementation work is performed only under a separately executed Client Services Agreement with an attached Statement of Work. The Agreement and its Statement of Work govern the Scope and the project-specific terms for that engagement, including fees, schedule, acceptance, ownership of Deliverables, and warranties. Project specifics and pricing are set forth in the Agreement and the applicable Statement of Work, not in these Terms or on the Site. In the event of any conflict between these Terms and a signed Agreement, the Agreement controls with respect to that engagement, as set forth in Section 16.
3.4. Care Plans; Automatic Renewal. Care Plans are optional, recurring subscriptions for maintenance and support. EACH CARE PLAN AUTOMATICALLY RENEWS FOR SUCCESSIVE BILLING PERIODS (EACH, A "RENEWAL TERM") UNTIL CANCELLED. Before you enroll, Sierra Strategic will present the automatic-renewal terms, including the recurring charge, the billing frequency, the length of each Renewal Term, and the means of cancellation, in a clear and conspicuous manner and in visual proximity to the request for your consent, and will obtain your affirmative consent to those terms. After you enroll, Sierra Strategic will send you an acknowledgment that includes the automatic-renewal terms, the cancellation policy, and instructions for cancelling. You may cancel a Care Plan at any time, without charge for any subsequent Renewal Term, by any self-service or online method we make available and in any event by emailing hello@sierra-strategic.com; where you enrolled online, cancellation may be exercised online or through the same medium. Where Sierra Strategic enables a self-service billing portal (for example, through Stripe), you may also cancel through that portal. Sierra Strategic will process a timely cancellation request to take effect at the end of the then-current billing period. Cancellation does not entitle you to a refund of amounts already paid for the current billing period except as required by applicable law or as stated in the Refund & Payment Policy. The detailed automatic-renewal, pre-renewal notice, reminder, billing, and cancellation mechanics are as further set forth in the Refund & Payment Policy and the applicable Agreement. The scope of each Care Plan is defined in the Agreement or in the published plan description.
3.5. No Guarantee of Particular Results. Sierra Strategic will perform the Services with reasonable care and skill, but it does not warrant that the Services or any Deliverable will achieve any particular result, except to the extent a signed Agreement expressly provides otherwise.
4. Payment
4.1. Except as otherwise stated in a signed Agreement, fees for the Blueprint and for builds are due in full, in advance, before work begins, and are paid through Stripe, Inc. ("Stripe") as Sierra Strategic's third-party payment processor. Care Plan fees are billed on a recurring basis as set forth in the Refund & Payment Policy and the applicable Agreement.
4.2. The complete payment terms, including the timing of payment, the role of Stripe, refunds, chargebacks, late payment, and the auto-renewal and cancellation terms for Care Plans, are set forth in the Refund & Payment Policy, which is incorporated into these Terms by reference. By engaging Sierra Strategic, you agree to the Refund & Payment Policy.
4.3. Your use of Stripe is subject to Stripe's own terms and policies. Sierra Strategic does not store full payment-card numbers.
4.4. Nature of Advance Payment. Fees paid in advance compensate Sierra Strategic for the personnel, scheduling, and resources it commits and reserves to your engagement upon payment. If an engagement is cancelled or terminated, the amount Sierra Strategic retains, and any refund due, are governed by the Refund & Payment Policy and the applicable Agreement. That allocation, including the liquidated-damages recital set forth in the Refund & Payment Policy, is intended to represent a reasonable approximation of the costs incurred and the resources committed as of the date of cancellation, and not a penalty or forfeiture.
5. Site Accounts and Communications
5.1. Certain features of the Site, including Blueprint intake forms and scheduling tools, may require you to submit business information. You agree to provide accurate and complete information and to keep it current.
5.2. You are responsible for the security of any credentials used to access the Site or any portal Sierra Strategic provides, and for all activity occurring under those credentials. You will notify Sierra Strategic promptly of any unauthorized use.
5.3. Sierra Strategic may send you administrative and transactional communications relating to the Site, the Services, and any engagement. Marketing communications are governed by Section 9 and by the Privacy Policy.
6. Intellectual Property
6.1. Sierra Strategic's Property. As between the parties, Sierra Strategic owns and retains all right, title, and interest in and to the Site, the "Sierra Strategic" name and brand, its logos, trade dress, and other marks, the content Sierra Strategic publishes, and all Sierra Materials. Nothing in these Terms transfers any right in the foregoing to you, except for the limited license in Section 6.2.
6.2. Limited License to the Site. Subject to your compliance with these Terms, Sierra Strategic grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for the purpose of evaluating and procuring the Services. You may not copy, modify, distribute, frame, scrape, or create derivative works from the Site or its content except as expressly permitted.
6.3. Ownership of Deliverables. Ownership of the Deliverables is governed by the signed Agreement. As provided there, upon a Client's payment in full for an engagement, the Client owns one hundred percent (100%) of the Deliverables created for and delivered to it under that engagement, including code, design, and data, subject to Sierra Strategic's retained rights in the Sierra Materials and in any third-party or open-source components, which are licensed rather than assigned. These Terms do not themselves assign any Deliverable; assignment occurs under, and on the conditions stated in, the Agreement. To the extent any Sierra Materials or third-party or open-source components are incorporated into the Deliverables, the license granted to the Client to use them as part of the Deliverables is as set forth in the applicable Agreement.
6.4. Feedback. If you give Sierra Strategic feedback about the Site, the Blueprint, or any other Service, Sierra Strategic may use it without restriction or any obligation to you, including to improve its offerings.
7. Acceptable Use and Prohibited Conduct
7.1. You agree not to, and not to permit any third party to:
(a) use the Site or the Services in violation of any applicable law or regulation, or for any unlawful, fraudulent, or deceptive purpose;
(b) access, tamper with, or use non-public areas of the Site, Sierra Strategic's systems, or the technical delivery systems of Sierra Strategic's providers;
(c) probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measure;
(d) introduce any virus, malware, or other harmful code, or interfere with or disrupt the integrity or performance of the Site or the Services;
(e) scrape, harvest, or use automated means to collect data from the Site except as expressly authorized in writing;
(f) reverse engineer, decompile, or attempt to derive the source code of any non-open-source software underlying the Site, except to the extent that restriction is prohibited by applicable law;
(g) impersonate any person or entity, or misrepresent your affiliation with any person or entity; or
(h) use the Site or the Services to develop a competing product or service, or to infringe or misappropriate the intellectual property or other rights of Sierra Strategic or any third party.
7.2. Sierra Strategic may investigate any suspected violation of this Section 7 and may suspend or terminate access to the Site for any violation, without limiting its other remedies.
8. Third-Party Services, Links, and International Users
8.1. The Site and the Services rely on third-party platforms and services, which may include Stripe for payments, Cal.com and/or Calendly for scheduling, Google Workspace for email and productivity, the Site's hosting provider, and tools used for recorded video walkthroughs. Your use of those third-party services may be subject to the third party's own terms and privacy practices, and Sierra Strategic is not responsible for them.
8.2. The Site may contain links to third-party websites or resources. Sierra Strategic provides those links for convenience and does not endorse, and is not responsible for, the content, products, or practices of any third-party site or resource. You access third-party sites at your own risk.
8.3. International Users. The Site and the Services are operated from the United States and directed to businesses located in the United States. If you access the Site or the Services from, or provide personal data relating to individuals located in, the European Economic Area or the United Kingdom, the additional terms and disclosures in the Privacy Policy concerning the EU General Data Protection Regulation and the UK General Data Protection Regulation apply to that processing to the extent those laws apply. By using the Site, you consent to the transfer of information to, and processing in, the United States and other jurisdictions where Sierra Strategic and its providers operate, subject to the safeguards described in the Privacy Policy.
9. Marketing and Email Communications
9.1. Sierra Strategic conducts business-to-business outreach and may send commercial email to business contacts to offer its custom-software development services, as further described in the Privacy Policy. Each such commercial email includes accurate header information and a functioning means to opt out of further commercial messages, consistent with the CAN-SPAM Act.
9.2. Each commercial email Sierra Strategic sends includes Sierra Strategic's valid physical postal address and a functioning means to opt out of further commercial messages. You may opt out at any time by following the instructions in the message or by writing to hello@sierra-strategic.com. Sierra Strategic will honor a valid opt-out request within ten (10) business days as required by the CAN-SPAM Act, and will not thereafter send you commercial email except as the Act permits. This Section 9 does not limit transactional or administrative communications relating to the Site, the Services, or an engagement.
10. Informational Content Disclaimer
10.1. Content published on the Site, including blog posts, guides, and marketing materials, is provided for informational purposes. It is not legal, financial, tax, or other professional advice, and you should not rely on it in place of advice from a qualified professional.
10.2. No content on the Site, no submission of a Blueprint intake, and no communication preceding a signed Agreement creates a binding engagement, a fiduciary relationship, or any obligation on the part of Sierra Strategic to perform any Services. An engagement arises only upon execution of an Agreement and, where applicable, payment as required under Section 4.
11. Confidentiality
11.1. In the course of an engagement, each party may receive non-public business, technical, or financial information of the other party that is marked or reasonably understood to be confidential ("Confidential Information"). Each party will use the other's Confidential Information only as necessary to perform under, or to evaluate, the engagement, and will protect it using at least reasonable care.
11.2. Sierra Strategic's personnel and its vetted contractors and service providers are bound by confidentiality obligations consistent with this Section 11.
11.3. The detailed confidentiality terms governing a specific engagement are set forth in the applicable Agreement and control over this Section 11 to the extent of any conflict. Confidential Information does not include information that is or becomes public through no breach by the receiving party, was already known to the receiving party without obligation of confidence, is independently developed without use of the disclosing party's Confidential Information, or is rightfully received from a third party without restriction.
12. Disclaimers; Limitation of Liability; Indemnification
12.1. Disclaimer of Warranties. Except as expressly provided in a signed Agreement, the Site and the Services are provided "as is" and "as available," and Sierra Strategic disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty arising from course of dealing or usage of trade. Sierra Strategic does not warrant that the Site or the Services will be uninterrupted, timely, secure, or error-free, or that any defect will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so portions of this Section 12.1 may not apply to you.
12.2. Limitation of Liability. To the maximum extent permitted by applicable law, neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to these Terms, the Site, or the Services, regardless of the legal theory asserted and whether or not the party was advised that such damages were possible. Sierra Strategic's total aggregate liability arising out of or relating to these Terms, the Site, and any use of the Site that is not the subject of a signed Agreement will not exceed one hundred United States dollars (US$100). Liability arising out of an engagement is governed by the limitation of liability set forth in the applicable Agreement, which controls for that engagement.
The limitations and exclusions in this Section 12.2 do not apply to (a) either party's liability for fraud, gross negligence, or willful misconduct; (b) your payment obligations or your obligations under Section 12.3 (Indemnification); (c) either party's breach of Section 11 (Confidentiality) or infringement or misappropriation of the other party's intellectual property; or (d) any liability that cannot be excluded or limited under applicable law, including liability under the California Consumer Privacy Act to the extent it applies. The parties acknowledge that the limitations and exclusions in this Section 12 are an essential basis of the bargain and reflect an agreed allocation of risk, and that they apply even if a limited remedy fails of its essential purpose.
12.3. Indemnification. You will defend, indemnify, and hold harmless Sierra Strategic and its members, officers, employees, contractors, and agents from and against any third-party claim, and any related loss, liability, damage, cost, or expense (including reasonable attorneys' fees), arising out of or relating to (a) your breach of these Terms or the Policies, (b) your misuse of the Site or the Services, (c) your violation of any applicable law or of the rights of any third party, or (d) any information or material you provide to Sierra Strategic, except to the extent the claim arises from Sierra Strategic's own breach of these Terms. This Section 12.3 does not apply to matters governed by the indemnification provisions of a signed Agreement, which control for the applicable engagement.
Sierra Strategic will (a) promptly notify you in writing of any claim for which it seeks indemnification (provided that a failure or delay in notice relieves you of your obligations only to the extent you are materially prejudiced), (b) grant you sole control of the defense and settlement of the claim (except that you may not settle any claim in a manner that imposes any non-monetary obligation or admission of fault on Sierra Strategic without its prior written consent, not to be unreasonably withheld), and (c) provide reasonable cooperation at your expense. Sierra Strategic may participate in the defense with counsel of its own choosing at its own expense.
13. Dispute Resolution and Governing Law
13.1. Governing Law. These Terms, and any dispute arising out of or relating to these Terms, the Site, or the Services, are governed by the laws of the State of California, without regard to its conflict-of-laws principles, and, where applicable, by controlling United States federal law.
13.2. Venue. Subject to Section 13.3, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Sacramento County, California, for any action permitted to be brought in court, and each party waives any objection to that venue.
13.3. Agreement to Arbitrate. Except as provided in this Section 13.3, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services that is not governed by a signed Agreement and that cannot be resolved through good-faith negotiation within thirty (30) days will be resolved exclusively by final and binding individual arbitration, rather than in court. This Section 13.3 is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. The arbitration will be administered by the American Arbitration Association ("AAA") under its then-current Commercial Arbitration Rules (the "Rules"), as modified by these Terms, before a single neutral arbitrator. The seat of the arbitration is Sacramento County, California, and any in-person hearing will be held there unless the parties agree otherwise or the arbitrator orders telephonic or video proceedings. The arbitrator will apply the governing law identified in Section 13.1 and may award any relief available in an individual action in court. Judgment on the award may be entered in any court of competent jurisdiction. The allocation of arbitration fees and costs is governed by the Rules and by applicable law; where applicable law requires Sierra Strategic to bear costs unique to arbitration in order for this Section to be enforceable, Sierra Strategic will bear those costs.
Exceptions. Notwithstanding the foregoing, (a) either party may bring an individual action in small claims court for a dispute within that court's jurisdiction, and (b) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect or enforce its intellectual property rights or Confidential Information.
Right to Opt Out. You may opt out of this Section 13.3 by sending written notice of your decision to opt out to hello@sierra-strategic.com within thirty (30) days after you first agree to these Terms. The notice must state your name, the entity you represent, and an unambiguous statement that you wish to opt out of arbitration. If you opt out, Section 13.2 governs the resolution of disputes; opting out has no effect on any prior or other agreement to arbitrate.
Severability of this Section. If the agreement to arbitrate in this Section 13.3 is found unenforceable, then, except as provided in Section 13.4, the parties' disputes will be resolved in the courts identified in Section 13.2.
13.4. Class-Action Waiver. ALL DISPUTES SUBJECT TO ARBITRATION UNDER SECTION 13.3 MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one party and may not preside over any form of class, collective, or representative proceeding. If this Section 13.4 is found unenforceable as to a particular claim or request for relief, then that claim or request, and only that claim or request, will be severed from arbitration and brought exclusively in the courts identified in Section 13.2; the remainder of Section 13.3 will continue to apply to all other claims. This Section 13.4 survives termination of these Terms.
13.5. Time to Bring Claims. To the extent permitted by applicable law, any claim arising out of or relating to these Terms, the Site, or the Services that is not governed by a signed Agreement must be brought within one (1) year after the claim accrues, or it is permanently barred. This Section 13.5 does not apply to, and does not shorten the limitations period for, any claim that applicable law prohibits from being contractually shortened, including claims under the California Consumer Privacy Act.
13.6. Engagement Disputes. Disputes arising out of a specific engagement are governed by the dispute-resolution and governing-law provisions of the applicable Agreement, which control over this Section 13 for that engagement.
14. Force Majeure
Neither party is liable for any failure or delay in performance (other than a payment obligation) to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disaster, epidemic, war, civil unrest, governmental action, labor disturbance, and the failure, disruption, or unavailability of the internet, power, hosting, or other third-party platforms on which the Site or the Services depend. The affected party will use reasonable efforts to resume performance promptly. If a force majeure event affecting Sierra Strategic's performance continues for more than thirty (30) consecutive days, either party may terminate the affected engagement on written notice, with refund and wind-down handled under the applicable Agreement and the Refund & Payment Policy.
15. Assignment
You may not assign or transfer these Terms, or any right or obligation under them, without Sierra Strategic's prior written consent, and any purported assignment in violation of this Section 15 is void. Sierra Strategic may assign these Terms, in whole or in part, in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, or to a successor in interest. These Terms bind and benefit the parties and their permitted successors and assigns.
16. Entire Agreement; Order of Precedence
16.1. These Terms, together with the Policies and any signed Agreement, constitute the entire agreement between you and Sierra Strategic regarding the Site and the Services, and supersede all prior or contemporaneous understandings on that subject.
16.2. In the event of a conflict among the documents governing an engagement, the following order of precedence controls: (a) first, the signed Client Services Agreement, including its Statement of Work; (b) second, these Terms; and (c) third, the Policies. The order of precedence in this Section 16.2 applies except that, on the specific subjects of privacy and of payment and refunds, the Privacy Policy and the Refund & Payment Policy respectively control over any general statement in these Terms, to the extent of the conflict.
16.3. Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Nothing in these Terms limits or excludes any liability or right that may not be limited or excluded under applicable law, and each limitation in these Terms applies only to the maximum extent the law permits.
16.4. No Waiver. No failure or delay by either party in exercising any right under these Terms operates as a waiver of that right, and no single or partial exercise precludes any further exercise.
16.5. Relationship of the Parties. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
17. Changes to These Terms
Sierra Strategic may revise these Terms. Sierra Strategic will provide reasonable advance notice of material changes to these Terms by posting the revised Terms with an updated "Last updated" date and, where it has your email address, by email. Changes apply prospectively only and do not apply to any dispute of which Sierra Strategic had notice before the change took effect. Your continued use of the Site or the Services after the revised Terms take effect constitutes your acceptance of them. Terms in effect at the time an Agreement is signed govern that engagement, except as the Agreement provides.
18. Notices and Contact
18.1. Notices to Sierra Strategic under these Terms must be sent to:
Sierra Strategic Consulting LLC
2108 N Street
Sacramento, California 95816
USA
Email: hello@sierra-strategic.com
18.2. Sierra Strategic may provide notices to you by email to an address you have provided, by posting on the Site, or through the Services. You consent to receive notices electronically.