Terms & Disclaimers

1. What these terms cover

These terms govern your use of this website and the general nature of the consulting services offered through it. Ludwork is the consulting practice of Michael Ludwikowski, United States.

A signed engagement agreement always controls over this page. If we work together, that document — not this one — defines scope, fees, deliverables, and any commitments either of us makes. Where the two conflict, the signed agreement wins.

2. Nothing here is an offer, and using this site does not create a relationship

The content on this website is general information about how I work. It is not a proposal, not a quote, and not advice directed at your specific situation. Reading it, or sending me a message through the contact form, does not create a consulting relationship. That begins only when we both agree to it in writing.

3. Advisory in nature — no guarantee of results

Consulting is advisory work. Recommendations are built on the information available at the time, the conditions of your business as I observe them, and professional judgment developed over years of operating experience.

Best practices and solutions tailored to a specific business are not always successful. They are, however, always designed in good faith, against the dynamically evolving factors visible at the time the work is done — your market, your staffing, your systems, your constraints, and conditions that can and do change after a recommendation is delivered.

I make no warranty, express or implied, that any recommendation will produce a particular financial result, revenue figure, cost reduction, efficiency gain, or other outcome. Any figures discussed — including examples of past results — are illustrative of what has happened elsewhere, not a prediction of what will happen for you. Past performance in one business does not guarantee performance in another.

4. Execution and decision-making are yours

You are the sole decision-maker for your business. Whether to act on a recommendation, how to act on it, when, and with which of your people — those are your decisions, and responsibility for them and their consequences rests with you.

This includes, without limitation: staffing and personnel decisions, terminations and hiring, compensation and scheduling changes, purchases and capital commitments, vendor and software selection, pricing changes, operational changes, and any action affecting your employees, customers, or finances.

The sole exception is where a signed document between us — an engagement agreement, a statement of work, a Service Level Agreement, or specifically drafted and binding Key Performance Indicators — expressly states a commitment I am accountable for. In that case the terms of that document govern, and only to the extent it says. Absent such a document, no performance commitment exists.

5. Not legal, financial, tax, accounting, or medical advice

I am not an attorney, accountant, financial advisor, tax professional, or licensed HR practitioner, and nothing I provide is any of those things.

This matters most around employment and labor, which is a large part of what I work on. Scheduling, overtime, classification, payroll practice, termination, and workplace policy are governed by federal, state, and local law that varies widely and changes often. My recommendations address operational effectiveness, not legal compliance. Before implementing anything touching employment practice, payroll treatment, contracts, tax, or regulatory obligations, have it reviewed by a qualified professional licensed in your jurisdiction. You remain responsible for your own compliance. See section 10 if your business operates outside South Carolina.

6. Release and limitation of liability

To the maximum extent permitted by applicable law:

• You release Ludwork and Michael Ludwikowski from any claim, demand, or cause of action arising out of business decisions you make, actions you take or decline to take, or outcomes your business experiences, whether or not informed by recommendations provided.
• Ludwork is not liable for indirect, incidental, consequential, special, punitive, or exemplary damages — including lost profits, lost revenue, lost business opportunity, lost data, or business interruption — even if advised such damages were possible.
• Total aggregate liability for any claim is limited to the fees you actually paid for the specific engagement giving rise to the claim during the twelve months preceding it.
• Any claim must be brought within one year of the event giving rise to it, or it is permanently barred.

Nothing in these terms limits liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, or any liability that cannot lawfully be excluded or limited. Some jurisdictions do not permit certain exclusions, in which case those exclusions apply only to the extent permitted, and the remainder of these terms continues in force.

7. Indemnification

You agree to indemnify and hold harmless Ludwork and Michael Ludwikowski from claims, damages, losses, and reasonable legal costs brought by any third party — including your employees, contractors, customers, or regulators — arising from your business operations, your implementation of or failure to implement recommendations, or your non-compliance with laws applicable to your business.

8. Your information and confidentiality

Information you share about your business is treated as confidential and used only to do the work. I do not disclose client identities or business details without permission, and I'll sign an NDA on request. Deliverables I create for you are yours to use in your business; general methods, frameworks, and know-how remain mine to use elsewhere.

How this website handles personal data is covered separately in the Privacy Policy.

9. This website

The site is provided as-is. I aim to keep it accurate but make no warranty that it is complete, current, or error-free, or that it will be available uninterrupted. Text, design, and the Ludwork seal are the property of Ludwork. Links to third-party sites are provided for convenience and are not endorsements; I'm not responsible for their content or practices.

10. Where you are, and which law applies

Ludwork operates from South Carolina, United States. Clients are located across the United States and, in some cases, outside it. That's welcome — the problems I work on look broadly similar across borders — but it has a few consequences worth stating plainly.

Governing law

These terms, and any engagement entered into under them, are governed by the laws of the State of South Carolina, United States, without regard to conflict-of-law principles. Disputes will be brought in the state or federal courts located in South Carolina, and both parties consent to that jurisdiction and venue.

This is a default, not a ceiling. A signed engagement agreement may specify different governing law, a different venue, or an alternative dispute process such as arbitration or mediation. Where it does, that agreement controls. If your organization requires different terms, raise it before we start rather than after.

Your local law is still your responsibility

My recommendations address operational effectiveness, not legal compliance in your jurisdiction — and this matters more the further you are from South Carolina. Employment law, working-time rules, termination protections, worker classification, payroll treatment, data protection, and consumer regulation differ enormously between US states and differ far more between countries.

A scheduling or staffing approach that is entirely lawful in South Carolina may be unlawful in California, Ontario, or Germany. Before implementing anything touching employment practice, payroll, contracts, tax, or data handling, have it reviewed by a professional licensed where your business operates. That review is your responsibility, and responsibility for compliance remains yours.

Rights you cannot waive

Some jurisdictions grant rights that cannot be contracted away. Where mandatory local law gives you protections these terms attempt to limit, those protections apply — the affected provision is limited only to the extent required, and the remainder of these terms stays in force.

Remote delivery, taxes, and language

• Services are performed remotely from South Carolina unless a signed agreement provides for on-site work. Remote delivery into your jurisdiction is not intended to, and does not, establish a place of business, permanent establishment, or taxable presence there.
• Fees are quoted and payable in US dollars unless agreed otherwise in writing. Any VAT, GST, withholding, duties, or other taxes imposed by your jurisdiction are your responsibility and are in addition to quoted fees.
• These terms are written in English, and the English version controls. Any translation is provided for convenience only.
• I do not provide services where doing so would violate United States law, including applicable sanctions and export-control restrictions.

11. Changes

These terms may change. The date at the top changes with them. Material changes do not apply retroactively to work already performed under a signed agreement.

12. Questions

ludworkcontact@gmail.com. If something here is unclear, ask — I'd rather explain it before we work together than argue about it afterward.