Terms of Engagement & Advisory Service Agreement

1. Acceptance of Terms

These Terms of Engagement (“Terms”) constitute a legally binding agreement between Flow Harbor Point Co., Ltd. (“Company,” “we,” “our,” or “us”), a registered commercial enterprise organized under the laws of the Kingdom of Thailand (Registration Year: 2019, Office Address: Office 8, 29 Example Road, Hat Yai 00000), and the corporate entity or authorized representative (“Client,” “you,” or “your”) engaging our professional quantitative consulting and data audit services.

By submitting an experiment brief, executing a statement of work, or commissioning a statistical verification audit, you agree to comply with and be bound by these Terms.

2. Professional Advisory Scope & Delivery Standards

2.1 Scope of Services

Flow Harbor Point provides independent statistical analysis, telemetry validation, sample ratio mismatch diagnostics, variance reduction modeling, and written verification briefs. Specific engagement parameters, deliverables, data schemas, and turnaround timelines are set forth in individual Statements of Work (SOW) or written proposals.

2.2 Independent Scientific Practice

All analyses are conducted in accordance with established statistical principles. We provide objective mathematical evaluations of client-supplied datasets. We do not guarantee specific commercial or statistical outcomes (such as achieving statistically significant p-values), as outcomes depend entirely on the empirical data generated by the client’s experiment.

3. Client Data Governance & Intellectual Property

3.1 Data Minimization & Ownership

Clients retain all right, title, and interest in and to their proprietary telemetry data, raw event streams, and business metrics. Clients represent and warrant that all data transferred to Flow Harbor Point has been properly anonymized, stripped of direct personal identifiers (PII), and gathered in compliance with applicable data protection laws.

3.2 Deliverables & Analytical Reports

Upon receipt of full payment, the Client receives an irrevocable, perpetual, worldwide license to utilize, distribute internally, and rely upon the written Verification Briefs, Executive Decision Memos, and variance reduction formulas delivered under the engagement.

3.3 Methodological Property

Flow Harbor Point retains all rights in its proprietary calculation frameworks, baseline mathematical scripts, auditing templates, and analytical methodologies developed prior to or independently of the engagement.

4. Fees, Retainers & Invoicing

• Payment Terms: Engagement fees are invoiced according to the milestone schedule specified in the applicable SOW (standard: 50% deposit upon intake, 50% upon final delivery of written verification briefs).
• Settlement Window: Invoices are payable in United States Dollars (USD) or Thai Baht (THB) within 14 calendar days of issuance via international wire transfer or authorized electronic billing.
• Late Settlement: Overdue balances are subject to interest at a rate of 1.5% per month or the statutory maximum permissible under Thai law.

5. Limitation of Liability

To the maximum extent permitted by applicable law:

1. Flow Harbor Point shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, revenue, or business opportunity arising from the client’s commercial implementation of experiment rollout decisions.
2. In all events, the total cumulative liability of Flow Harbor Point arising out of or related to an engagement shall not exceed the total advisory fees actually paid by the client for the specific Statement of Work giving rise to the claim.

6. Mutual Confidentiality

Each party agrees to hold the other party’s proprietary information, event logs, source code descriptions, and business strategies in strict confidence using the same degree of care it uses for its own confidential materials (and never less than reasonable care). Confidentiality obligations endure for a period of five (5) years following the conclusion of the engagement.

7. Governing Law & Jurisdiction

These Terms and any dispute or controversy arising out of or relating to our services shall be governed by and construed in accordance with the laws of the Kingdom of Thailand (TH), without giving effect to any principles of conflicts of law.

Both parties irrevocably consent to the exclusive jurisdiction of the competent courts of Songkhla Province or the Central Intellectual Property and International Trade Court in Bangkok, Thailand.

8. Inquiries & Legal Notices

Formal legal notices and communications regarding these Terms should be addressed to:

• Corporate Entity: Flow Harbor Point Co., Ltd.
• Attention: Legal & Compliance Desk
• Office Address: Office 8, 29 Example Road, Hat Yai 00000, Thailand
• Direct Telephone: +66 74 000 652
• Electronic Mail: info@flowharborpoint.click