Fluent Educational Services Agreement
Effective Date: January 15, 2025
Last Updated: December 18, 2025
This Education Services Agreement (“Agreement”) is entered into by and between Tune Up AI Solutions LLC, a Florida limited liability company, doing business as Fluent (“Fluent”), and the undersigned participant (“Participant”), as of the date of Participant’s enrollment in the Program (“Effective Date”).
By enrolling in the Program, Participant agrees to be bound by the terms of this Agreement.
1. Program Description
Fluent provides a sixteen-week educational and professional development program (the “Program”) designed to teach applied AI judgment, workflow thinking, and professional positioning through instructional content, live sessions, coaching, frameworks, and exercises.
The Program is educational in nature. Fluent does not provide consulting deliverables, managed services, recruiting services, or employment placement.
2. Educational Purpose Only
Participant acknowledges and agrees that:
a. The Program is provided
solely for educational and professional development purposes.
b. Fluent does
not guarantee employment, promotion, compensation increases, job placement, or business outcomes.
c. Any examples, frameworks, or guidance provided are illustrative and not prescriptive or outcome-determinative.
3. Participant Responsibilities
Participant agrees to:
a. Actively engage with Program materials, sessions, and exercises
b. Complete required assignments and deliverables in good faith
c. Attend live sessions or review recordings in a timely manner
d. Conduct themselves professionally in all Program interactions
e. Apply Program concepts responsibly and ethically within their own professional context
Outcomes depend materially on Participant effort, execution, and external factors beyond Fluent’s control.
4. Fees and Payment
Participant agrees to pay the Program fees disclosed at enrollment (“Program Fees”).
Unless otherwise stated in writing:
- Fees are due in full prior to Program access
Fees are non-refundable except as expressly provided under the Conditional Outcome Guarantee in Section 10
5. Intellectual Property
a.
Fluent Materials. All Program content, frameworks, templates, recordings, and instructional materials are the exclusive intellectual property of Fluent.
b.
License. Participant is granted a limited, non-transferable, non-exclusive license to use Program materials for personal professional development only.
c.
Restrictions. Participant may not reproduce, distribute, sell, sublicense, or publicly share Program materials without prior written consent.
Participant retains ownership of original work product they create during the Program.
6. Confidentiality
Participant agrees to maintain the confidentiality of:
- Non-public Program materials
- Other participants’ information
- Internal discussions, exercises, or shared artifacts
This obligation survives termination of this Agreement.
7. No Professional or Legal Advice
The Program does not constitute legal, financial, HR, employment, or regulatory advice. Participant is responsible for seeking independent professional advice as appropriate.
8. Term and Access
This Agreement remains in effect for the duration of the Program and any ongoing access period provided at enrollment, unless earlier terminated under Section 9.
9. Termination
Fluent may suspend or terminate Participant’s access to the Program for:
- Material breach of this Agreement
- Disruptive, unethical, or unprofessional conduct
- Misuse or unauthorized distribution of Program materials
Termination for cause does not entitle Participant to a refund.
10. Conditional Outcome Guarantee
10.1 Guarantee Overview
Subject to the conditions below, Fluent offers a conditional outcome guarantee (the “Outcome Guarantee”).
If Participant completes the Program in good faith, satisfies all applicable requirements, and does not experience any material career growth, Participant may request a refund of Program Fees as provided herein.
This is a conditional refund guarantee, not a promise of results.
10.2 Definition of Career Growth
For purposes of this Agreement, “Career Growth” includes one or more of the following outcomes occurring during the Program or within a reasonable period thereafter:
- Promotion or formal expansion of role or scope
- Increase in compensation, bonus eligibility, or equity
- New leadership visibility or AI-related responsibility
- A job offer for a role with equal or greater compensation
- Demonstrable improvement in professional positioning attributable to Program participation (including interview progression, stakeholder recognition, or adoption of participant-led initiatives)
Career Growth is evaluated based on substance and evidence, not job titles alone.
10.3 General Eligibility Requirements (All Participants)
To qualify for the Outcome Guarantee, Participant must:
a. Complete all required educational content during Weeks 1–6
b. Attend live sessions or review recordings within a reasonable timeframe
c. Participate in scheduled bi-weekly one-on-one sessions
d. Demonstrate reasonable community engagement
e. Act in good faith and submit required deliverables on time
Failure to satisfy any requirement may render Participant ineligible.
10.4 Track A — Internal Promotion or Compensation Increase
Participants pursuing advancement within their current organization must complete:
- A written
Role and Business Context Audit
- A documented
AI Opportunity and Risk Assessment
- A completed
Capstone Project demonstrating applied judgment and measurable or observable impact
- Evidence of a
leadership or stakeholder presentation
- Stakeholder or manager feedback where reasonably available
10.5 Track B — New Role or Higher-Paying Job
Participants pursuing a new role must complete:
- A documented
AI Impact Inventory
- An updated
resume and LinkedIn profile aligned with Program frameworks
- A written
career narrative and positioning statement
- Evidence of a good-faith job search, including applications or outreach
- Completion of interview preparation and participation when opportunities arise
10.6 Exclusions
The Outcome Guarantee does not apply where:
- Required deliverables are incomplete
- Sessions or coaching are repeatedly missed without notice
- Program guidance is consistently ignored
- No internal presentations or job applications are made
- Participant disengages or acts in bad faith
- External conditions make outcomes objectively unreasonable despite good-faith effort
Fluent retains reasonable, good-faith discretion in evaluating eligibility.
10.7 Refund Request Process
To request a refund, Participant must:
a. Submit a written request within
fourteen (14) days of Program completion
b. Provide documentation demonstrating satisfaction of all requirements
c. Certify that no material Career Growth occurred
Approved refunds will be issued within thirty (30) days, less any non-refundable administrative or third-party costs disclosed at enrollment.
10.8 Sole and Exclusive Remedy
The refund described herein constitutes Participant’s sole and exclusive remedy under the Outcome Guarantee. No additional damages, claims, or compensation shall apply.
11. Limitation of Liability
To the maximum extent permitted by law, Fluent shall not be liable for indirect, incidental, consequential, or special damages. Fluent’s total liability under this Agreement shall not exceed the amount of Program Fees paid by Participant.
12. Indemnification
Participant agrees to indemnify and hold harmless Fluent from claims arising out of Participant’s misuse of Program materials, representations to third parties, or violation of this Agreement.
13. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of laws principles. Venue for any action arising under this Agreement shall lie exclusively in the state or federal courts located in the State of Florida, unless otherwise required by non-waivable law.
14. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions or representations. Amendments must be in writing and signed by both parties.
15. Electronic Acceptance
Participant agrees that electronic acceptance, including click-through or digital signature, constitutes valid and binding execution of this Agreement.
16. State-Specific Compliance and Consumer Protections
The following provisions apply only to Participants who are residents of the applicable state. In the event of a conflict between this Section and any other provision of this Agreement, this Section shall control solely for residents of that state.
16.1 California Residents
This subsection applies to Participants who reside in the State of California.
Educational Program Disclosure
Participant acknowledges that the Program constitutes professional education and training, not vocational placement, employment services, or recruiting. Fluent does not represent itself as an employment agency or placement service under California law.
No Guaranteed Earnings or Employment
Pursuant to California consumer protection standards, Fluent makes no representations or guarantees regarding:
- Earnings
- Compensation increases
- Employment
- Promotions
- Job placement outcomes
Any references to potential career advancement are illustrative only and subject to Participant effort and external factors.
Refund Rights
The Conditional Outcome Guarantee described in Section 10 constitutes the sole refund right applicable to the Program, except where otherwise required by non-waivable California law.
California Consumer Rights Notice
Nothing in this Agreement waives any rights Participant may have under:
- The California Consumer Legal Remedies Act (CLRA)
- The California Unfair Competition Law (UCL)
- Other non-waivable consumer protection statutes
16.2 New York Residents
This subsection applies to Participants who reside in the State of New York.
No Placement or Employment Services
Participant acknowledges that Fluent is not an employment agency, recruiter, or placement service under New York law. The Program does not include job placement, candidate representation, or employer matching.
Educational Nature of Program
All services provided are educational and advisory in nature. Any coaching or feedback does not constitute a promise of professional advancement or hiring outcomes.
Good-Faith Refund Evaluation
Any refund determination under the Conditional Outcome Guarantee will be conducted in reasonable good faith, consistent with New York contract law principles.
No Waiver of Statutory Rights
Nothing in this Agreement limits Participant’s rights under applicable New York consumer protection statutes to the extent such rights cannot be waived by contract.
16.3 Florida Residents
This subsection applies to Participants who reside in the State of Florida.
Education and Training Disclosure
Participant acknowledges that the Program is a professional education and training program, not a career placement, employment, or staffing service.
Outcome-Dependent Factors
Participant acknowledges that career outcomes are influenced by:
- Market conditions
- Employer decisions
- Individual performance
- External economic factors
Fluent does not control these factors and therefore cannot guarantee specific outcomes.
Limitation of Remedies
To the fullest extent permitted under Florida law, Participant agrees that the refund remedy described in Section 10 constitutes the sole and exclusive remedy related to Program outcomes.
16.4 Jurisdictional Savings Clause
If any provision of this Agreement is deemed unenforceable under applicable state law, such provision shall be:
- Modified to the minimum extent necessary to be enforceable, or
- Severed without affecting the remainder of the Agreement
16.5 Venue Clarification
Nothing in this Section prevents Fluent from enforcing the Governing Law provision in Section 13, except where venue or jurisdiction requirements are non-waivable under applicable state law.
17. Contact Us
For questions:
Fluent (by Tune Up AI Solutions)
Email: info@fluentaiconsulting.com
Website: https://www.fluentaiconsulting.com
Orlando, Florida, USA
