Collins Consulting US logo

Marblism Onboarding & Implementation Services Addendum

Effective Date: [Effective Date]
Client: [Client Legal Name]
Client Address: [Client Address]
Company: Kenneth R. Collins II, d/b/a Collins Consulting US
Company Address: [Company Address]
Related Client Services Agreement: [Agreement Title and Date]

This Marblism Onboarding & Implementation Services Addendum (“Addendum”) is entered into by and between Kenneth R. Collins II, d/b/a Collins Consulting US (“Collins Consulting,” “Company,” “we,” “us,” or “our”) and the client identified above (“Client,” “you,” or “your”). This Addendum supplements and forms part of the Client Services Agreement identified above (“Agreement”).

If there is a conflict between this Addendum and the Agreement, this Addendum controls only with respect to Marblism onboarding and implementation services. All other provisions of the Agreement remain in effect.

1. Services

Subject to the applicable Statement of Work, Collins Consulting may provide services relating to Client’s use of the Marblism platform, including:

  • Marblism workspace setup and configuration;
  • AI Employee or agent selection, setup, and configuration;
  • Instruction, prompt, workflow, and knowledge-base configuration;
  • Content-system and business-process implementation;
  • Integration planning and implementation assistance;
  • Team training and user orientation;
  • Implementation support and troubleshooting;
  • Workflow optimization and performance review; and
  • Ongoing optimization or advisory services agreed to in writing.

The specific services, deliverables, timeline, assumptions, Client responsibilities, and fees will be described in the applicable Statement of Work (“SOW”). Collins Consulting is responsible only for the services expressly listed in the SOW.

Collins Consulting may use third-party tools, software, integrations, artificial intelligence systems, and service providers in performing the services. Any third-party platform requirements, limitations, outages, changes, or fees may affect the services or timeline.

2. Client’s Marblism Account

Client will subscribe to Marblism directly through Client’s own Marblism account. Client is and will remain the owner and administrator of that account.

Client may use Collins Consulting’s authorized Marblism Partner referral link or personal invite link when registering. The referral link may allow Collins Consulting to receive referral compensation from Marblism under Marblism’s Partner Program terms. Client’s use of the referral link does not transfer ownership of Client’s account to Collins Consulting and does not make Collins Consulting a party to Client’s agreement with Marblism.

Client is responsible for:

  • Providing accurate account and business information;
  • Maintaining control of account ownership and billing;
  • Selecting and paying for the Marblism subscription;
  • Reviewing and accepting Marblism’s terms, privacy policy, billing terms, and other applicable policies;
  • Maintaining appropriate user permissions;
  • Reviewing and approving AI-generated outputs before using them in business operations; and
  • Providing timely access, information, approvals, and cooperation reasonably required for implementation.

Client must not provide Collins Consulting with passwords or other credentials when an invitation, delegated-access feature, or other secure access method is available. Client remains responsible for all activity conducted through Client’s account, including activity conducted by Client’s users or authorized service providers.

3. Independent Partner Relationship

Collins Consulting is an independent consultant and Marblism Partner. Collins Consulting is not Marblism, is not an employee or agent of Marblism, and is not authorized to make commitments on behalf of Marblism.

Unless Collins Consulting receives separate written authorization from Marblism, Collins Consulting is not an authorized reseller of Marblism subscriptions and may not represent itself as Marblism, an official Marblism representative, or an entity with authority to bind Marblism.

Collins Consulting may explain and demonstrate Marblism features based on available information and its implementation experience. Collins Consulting does not control Marblism’s platform, pricing, features, availability, support policies, data practices, or future changes.

Client’s subscription relationship, billing relationship, and platform relationship are directly with Marblism. Collins Consulting’s fees are separate from Marblism’s subscription fees.

4. Third-Party Terms and Privacy

Client understands and agrees that Marblism has separate terms of service, privacy policies, billing terms, acceptable-use rules, and other policies. Client must review and accept those terms directly with Marblism before using the platform.

Client is responsible for determining whether Marblism is appropriate for Client’s business, personnel, customers, data, and intended use. Client must not use Marblism or any implementation created through the services in violation of Marblism’s terms, applicable law, or the rights of another person.

Client must obtain all notices, permissions, consents, and authorizations required to submit personal information, confidential information, customer information, employee information, recordings, communications, or other data to Marblism or any connected service.

Unless expressly agreed otherwise in writing, Collins Consulting is not responsible for determining whether Client’s data practices, AI use, customer communications, recordings, marketing, or business processes comply with laws applicable to Client’s industry or location.

5. Authorization to Assist With Onboarding

Client authorizes Collins Consulting to assist with onboarding and configuring Client’s Marblism workspace as described in the applicable SOW.

This authorization may include permission to:

  • Access designated portions of Client’s Marblism workspace;
  • Configure AI Employees, agents, workflows, instructions, and settings;
  • Upload or organize Client-provided materials;
  • Connect or configure approved integrations;
  • Conduct testing and quality review;
  • Train Client’s authorized team members; and
  • Recommend changes to improve Client’s workflows and use of the platform.

Collins Consulting will use reasonable care in performing authorized configuration work. Client remains responsible for reviewing configurations, approving changes, managing permissions, and determining whether outputs are suitable for use.

Client may revoke access at any time by written notice. Revoking access may delay or prevent completion of the services and does not eliminate payment obligations for services already performed or expenses already incurred.

6. Fees and Payment

Client will pay Collins Consulting the onboarding, implementation, consulting, setup, delivery, monthly, or other fees stated in the Agreement and applicable SOW.

All fees paid to Collins Consulting are separate from and in addition to any Marblism subscription, usage, overage, add-on, integration, or other fees charged by Marblism or another third-party provider.

Unless the Agreement or SOW states otherwise:

  • Collins Consulting does not collect Marblism subscription fees;
  • Collins Consulting cannot change, cancel, suspend, or refund Client’s Marblism subscription;
  • Marblism controls its own billing and payment policies; and
  • Client must direct Marblism subscription billing questions to Marblism.

The refund and cancellation terms in the Agreement and Collins Consulting’s applicable refund policy apply to Collins Consulting’s fees. They do not modify Marblism’s refund, cancellation, or money-back policies.

Consulting and implementation fees are non-refundable once the applicable session or work has been scheduled, delivered, or begun, except where the Agreement or applicable refund policy expressly provides otherwise. Any completion-payment refund rights are limited to the circumstances and scope stated in the Agreement or SOW.

7. Deliverables and Client Approval

Collins Consulting will deliver the items expressly identified in the applicable SOW. Unless the SOW states a different review period, Client will review each deliverable within seven calendar days after delivery and provide specific written notice of any material failure to meet the agreed scope.

If Client does not provide written notice within that period, the deliverable will be deemed accepted.

Collins Consulting will make reasonable corrections to accepted deliverables that materially fail to conform to the agreed SOW, provided that:

  • Client gives timely written notice;
  • The requested correction falls within the original scope;
  • Client has supplied all information and access reasonably required; and
  • The issue is not caused by Client’s instructions, third-party systems, platform changes, or information supplied by Client.

Requests that change the original scope may require a separate SOW or additional fee.

8. No Guaranteed Results

Client acknowledges that Collins Consulting provides implementation and consulting services, not guaranteed business results.

Collins Consulting does not guarantee:

  • A particular amount of revenue, profit, savings, traffic, leads, sales, appointments, or customer growth;
  • Any specific ranking, conversion rate, engagement level, or return on investment;
  • Continuous availability or performance of Marblism or any third-party service;
  • That AI-generated content or outputs will be accurate, complete, original, error-free, or suitable for every purpose;
  • That implementation will eliminate the need for human review or management; or
  • That Client’s use of Marblism will produce a particular business, financial, legal, tax, employment, or operational result.

Client is responsible for exercising independent business judgment and reviewing AI-generated outputs before relying on, publishing, sending, or implementing them.

9. No Professional Licensed Advice

Unless separately agreed in writing and provided by a properly licensed professional, Collins Consulting’s services do not constitute legal, tax, accounting, financial, medical, employment, insurance, or other regulated professional advice.

Client should consult an appropriately licensed professional before acting on issues requiring specialized legal, tax, accounting, regulatory, or other professional guidance.

10. Intellectual Property

Client retains ownership of Client materials, data, trademarks, logos, content, documents, instructions, and other information supplied to Collins Consulting (“Client Materials”).

After Client has paid all amounts due for the applicable services, Client owns the original deliverables specifically created for Client under the SOW, excluding:

  • Collins Consulting’s pre-existing materials;
  • General knowledge, methods, processes, templates, frameworks, prompts, tools, and know-how;
  • Third-party materials;
  • Marblism’s platform, software, AI Employees, features, content, and intellectual property;
  • Open-source materials; and
  • Materials subject to separate licensing terms.

Collins Consulting retains all rights in its pre-existing intellectual property and may reuse general skills, knowledge, concepts, methods, workflows, and non-confidential improvements developed while providing the services.

Client grants Collins Consulting a limited, non-exclusive license to use Client Materials solely as necessary to perform the services. Collins Consulting will not publicly disclose Client’s confidential information or use Client’s name, logo, testimonial, or results for marketing without Client’s written permission, unless otherwise stated in the Agreement.

11. Marblism Name and Logo

Client understands that the Marblism name, logo, trademarks, trade dress, platform, and related brand assets belong to Marblism or its licensors.

Nothing in this Addendum grants Collins Consulting or Client a license to use Marblism’s trademarks or logos except as permitted by Marblism’s applicable written terms, brand guidelines, or written authorization.

Collins Consulting will not represent that a Collins Consulting advertisement, social media post, website graphic, logo combination, or other marketing material is sponsored, approved, endorsed, or created by Marblism unless Marblism has provided written authorization.

Any proposed design combining the Collins Consulting logo and the Marblism logo, including a design placing a plus sign between the logos, must be reviewed against Marblism’s current brand and partner-marketing requirements before publication. Use of such a design is not automatically authorized merely because Collins Consulting participates in the Partner Program.

Collins Consulting may accurately state that it provides independent consulting, onboarding, implementation, or optimization services using Marblism, subject to applicable Marblism terms and advertising laws.

12. Affiliate and Referral Disclosure

Collins Consulting may receive referral commissions from Marblism when a prospective customer subscribes through Collins Consulting’s authorized referral link or invite link.

Where required by law or applicable advertising standards, Collins Consulting will disclose this relationship clearly and conspicuously in advertisements, social media posts, websites, emails, videos, and other promotional materials.

A disclosure may state:

Collins Consulting is an independent Marblism Partner. We may receive a referral commission if you subscribe to Marblism through our referral link. Our consulting and implementation services are separate from Marblism’s subscription and are provided independently by Collins Consulting.

The disclosure must be placed where a reasonable person can notice and understand it before or at the time the referral or recommendation is made. It must not be hidden only in a footer, behind a link, or in a location that is difficult to find.

Collins Consulting will not make false, misleading, unsupported, or exaggerated claims about Marblism, its features, its pricing, its results, or its relationship with Collins Consulting.

13. Confidentiality and Data Security

Each party will protect the other party’s confidential information and will use it only to perform or receive services under the Agreement.

Client is responsible for determining what information may be uploaded to Marblism or connected systems. Client should not provide highly sensitive information unless Client has confirmed that the applicable platform, account settings, permissions, and legal requirements are appropriate for that information.

Collins Consulting will use reasonable administrative and technical safeguards for information in its possession. No internet-connected system is completely secure, and Collins Consulting cannot guarantee that third-party platforms will prevent every unauthorized access, disclosure, loss, or security incident.

If Collins Consulting becomes aware of a suspected unauthorized access to Client information in Collins Consulting’s possession, Collins Consulting will notify Client as reasonably practicable under the circumstances.

14. Client Responsibilities

Client will:

  • Provide accurate and complete information;
  • Provide timely access, approvals, decisions, and feedback;
  • Maintain appropriate licenses and permissions for Client Materials;
  • Ensure Client Materials do not violate another person’s rights;
  • Review and approve configurations and outputs;
  • Maintain backups of important Client Materials and business records;
  • Designate an authorized point of contact;
  • Train and supervise Client’s personnel;
  • Comply with Marblism’s terms and applicable law; and
  • Promptly notify Collins Consulting of any material change affecting the project.

Delays caused by Client, Marblism, another third-party provider, missing information, unavailable personnel, or delayed approvals may extend the delivery schedule and may require a change order or additional fees.

15. Disclaimer of Third-Party Platform

Marblism and its related services are provided and controlled by Marblism, not Collins Consulting. Collins Consulting does not warrant or control the availability, security, functionality, accuracy, reliability, compatibility, or future development of Marblism or any third-party service.

To the fullest extent permitted by law, Collins Consulting is not responsible for losses caused by:

  • Marblism’s acts or omissions;
  • Marblism account suspension or termination;
  • Marblism billing or subscription changes;
  • Platform outages, errors, limitations, or security incidents;
  • Changes to Marblism features, APIs, policies, or pricing;
  • Third-party integrations or service providers;
  • Client’s account settings, permissions, data, instructions, or use; or
  • Client’s failure to review or supervise AI-generated outputs.

16. Indemnification

To the fullest extent permitted by law, Client will defend, indemnify, and hold harmless Collins Consulting and its owner, officers, employees, contractors, agents, and representatives from claims, damages, liabilities, losses, costs, and reasonable attorneys’ fees arising out of or related to:

  • Client’s use or misuse of Marblism;
  • Client’s violation of Marblism’s terms or applicable law;
  • Client Materials;
  • Client’s failure to obtain required permissions or consents;
  • Client’s products, services, marketing, communications, or business decisions;
  • Client’s unauthorized use of third-party intellectual property; or
  • Client’s breach of the Agreement or this Addendum.

17. Limitation of Liability

To the fullest extent permitted by law, Collins Consulting will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, lost business opportunities, business interruption, or reputational harm arising out of or related to the services, Marblism, or this Addendum.

To the fullest extent permitted by law, Collins Consulting’s total aggregate liability arising out of or related to the services or this Addendum will not exceed the amount Client paid to Collins Consulting for the specific services giving rise to the claim during the three months preceding the event giving rise to liability.

These limitations do not apply to liability that cannot legally be limited or excluded.

18. Term and Termination

This Addendum begins on the Effective Date and continues for the term stated in the Agreement or applicable SOW.

Termination of the Client’s Marblism subscription does not automatically terminate Client’s payment obligations to Collins Consulting for services already scheduled, performed, or committed under the Agreement or SOW.

Either party may terminate this Addendum as permitted by the Agreement. Upon termination:

  • Collins Consulting will stop work, subject to reasonable transition requirements;
  • Client will pay for all services performed and approved expenses incurred through termination;
  • Client will lose access to Collins Consulting’s implementation support unless otherwise agreed;
  • Each party will return or delete confidential information as reasonably requested, subject to legal and backup retention requirements; and
  • Provisions concerning payment, intellectual property, confidentiality, disclaimers, indemnification, limitations of liability, dispute resolution, and other provisions intended to survive will remain in effect.

19. Electronic Signatures

The parties agree that electronic signatures, electronic acceptance, and electronically exchanged copies of this Addendum may be used and will have the same effect as original signatures to the fullest extent permitted by law.

20. Governing Law and Disputes

This Addendum is governed by the laws of the State of Indiana, without regard to conflict-of-law principles.

The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Indiana for disputes that may properly be brought in court, unless the Agreement requires another dispute-resolution process.

21. Entire Agreement and Order of Precedence

This Addendum, the Agreement, and the applicable SOW constitute the entire agreement concerning Collins Consulting’s Marblism onboarding and implementation services and supersede prior discussions concerning those services.

If the Agreement and this Addendum conflict, this Addendum controls only for Marblism onboarding and implementation services. If this Addendum and the SOW conflict, the SOW controls only regarding the specific scope, deliverables, timeline, and fees expressly stated in the SOW.

No amendment to this Addendum is effective unless made in writing and accepted by both parties.

22. Severability

If any provision of this Addendum is held invalid or unenforceable, that provision will be modified or enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

23. Notices

Notices under this Addendum must be provided in writing using the notice method stated in the Agreement. If the Agreement does not state a method, notices may be sent by email to:

Collins Consulting US: collinsconsultingnwi@gmail.com
Client: [Client Notice Email]

24. Acknowledgment

By signing below, Client acknowledges that:

  1. Client is subscribing to Marblism directly through Client’s own account;
  2. Client—not Collins Consulting—is the owner of the Marblism account;
  3. Collins Consulting is an independent Marblism Partner and not Marblism itself;
  4. Collins Consulting may receive referral compensation from Marblism;
  5. Marblism has separate terms, privacy policies, billing, and platform rules;
  6. Collins Consulting’s fees are separate from Marblism’s subscription fees;
  7. Collins Consulting does not guarantee specific results;
  8. Client authorizes Collins Consulting to assist with the onboarding and implementation activities described in the SOW; and
  9. Client remains responsible for reviewing and approving AI-generated outputs and platform configurations before use.

Signatures

COLLINS CONSULTING US

By: Kenneth R. Collins II
Title: Owner
Signature: ______________________________
Date: _________________________________

CLIENT

Legal Name: [Client Legal Name]
By: [Authorized Representative Name]
Title: [Title]
Signature: ______________________________
Date: _________________________________