Last updated: November 2025
1. Introduction
Welcome to Mulcahy & Associates (“we”, “us”, “our”). By accessing or using our website located at [mulcahyandassociates.com] (“Website”) or purchasing any of our services or products (“Services” and “Products”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, please do not use the Website or engage our Services.
2. Services & Products
We provide a variety of offerings for hospitality and other professional clients, including but not limited to:
AI solutions & automations (e.g., voice concierge, guest service automation)
Drone inspections (aerial/thermal inspections of property, roof, ADA compliance)
Security products (unbreakable glass, surveillance systems, access-control)
HR consulting & employee handbook creation
Legal & ID protection programs
These Services and Products may be delivered via online tools, on-site work, physical products, or combinations thereof. (Based on our service descriptions.)
3. Eligibility & Use
You represent that you are at least 18 years of age (or the legal age in your jurisdiction) and have legal capacity to enter into these Terms. You also represent that if you are engaging Services on behalf of a business or organization, you have authority to do so, and you agree to these Terms on behalf of that entity.
4. Account, Access & Security
If the Services require you to create an account or access credentials, you agree to keep your login information secure, and to promptly notify us of any unauthorized use. You are responsible for all activity under your account.
5. Payment, Fees & Billing
Unless otherwise agreed in writing, you will pay the fees for the Services or Products as quoted in our proposal or order form. All payments are due as specified in the applicable invoice or service agreement. Late payments may incur interest at the maximum rate permitted by law. We may suspend or terminate access to Services if payment is not received.
6. Term, Termination & Suspension
The term of the Services will be as set forth in your service agreement or proposal.
You or we may terminate the Services for material breach (after notice and an opportunity to cure) or as otherwise agreed in writing.
Upon termination, you will still owe us any outstanding fees for Services already delivered, and any rights granted to you will cease.
We may suspend or restrict access to the Website or Services for maintenance, security, or other reasons without prior notice but will aim to restore access promptly.
7. Intellectual Property
We retain all rights, title and interest in and to the Website, our Services, Products, related documentation, software, trademarks and trade-secrets (“Our IP”).
You are granted a limited, non-exclusive, non-transferable license to use the Services and Products solely as permitted in the agreement.
You agree not to copy, modify, disassemble, reverse engineer or create derivative works of our IP, unless we explicitly authorize it in writing.
8. License to Customer Materials
If you provide any materials, data, content or information (“Customer Materials”) for use in delivering the Services, you grant us a worldwide, non-exclusive, royalty-free license to access, use, reproduce, modify, display and distribute the Customer Materials solely for the purposes of delivering the Services. You confirm you have the rights to provide such materials and they do not infringe any third-party rights.
9. Confidentiality
Both parties agree to keep confidential any non-public information provided by the other party that is marked confidential or, given the nature of the information, should reasonably be treated as confidential (“Confidential Information”). The receiving party will not disclose such information to any third party and will only use it to fulfill its obligations under these Terms. Confidentiality obligations survive termination of the Services for [two] years (or as otherwise agreed).
10. Warranties & Disclaimers
We warrant that we will perform the Services in a professional and work-manlike manner and in accordance with generally accepted industry standards.
Except as expressly set forth in these Terms or the service agreement, we disclaim all other warranties — whether express, implied or statutory — including warranties of merchantability, fitness for a particular purpose, non-infringement and availability.
We do not guarantee that the Services will be error-free, uninterrupted, or that all risks or liabilities can be eliminated.
11. Limitation of Liability
To the maximum extent permitted by law, our aggregate liability (and the liability of our officers, directors, employees or agents) under these Terms or any service agreement will not exceed the total fees you paid us in the twelve (12) months preceding the event giving rise to liability.
In no event will we be liable for any indirect, incidental, special, punitive or consequential damages (including lost profits, loss of data, business interruption) even if we have been advised of the possibility of such damages.
Nothing in these Terms limits liability for death or personal injury caused by our negligence, fraud or gross misconduct, or other liability that cannot be excluded or limited by law.
12. Indemnification
You agree to indemnify, defend and hold harmless Mulcahy & Associates, its affiliates, officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorney’s fees) arising from your use of the Services or Products, your violation of these Terms, or your infringement of any third-party rights.
13. Data & Privacy
Your personal data and any data collected through our Services will be processed in accordance with our Privacy Policy [link to Privacy Policy]. You agree that we may monitor, access and use data to provide the Services, and you will ensure you have all required consents to provide customer data.
14. Changes to the Terms
We may revise these Terms at any time by posting a new version on the Website with a new “Last updated” date. If you do not agree to the revised Terms, you must stop using the Services and Products. Your continued use constitutes acceptance of the updated Terms.
15. Governing Law & Dispute Resolution
These Terms and any service agreement will be governed by and construed in accordance with the laws of the State of Texas, USA, without regard to its conflict-of-law provisions.
Any dispute arising hereunder will be resolved in the state or federal courts located in [Harris County/Sugar Land], Texas. You consent to the jurisdiction and venue in those courts.
16. Force Majeure
Neither party will be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control (e.g., acts of God, war, terrorism, pandemics, internet service provider failures, government orders).
17. Severability
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
18. Waiver
No waiver by us of any breach or default under these Terms will constitute a waiver of any subsequent breach or default.
19. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations at any time.
20. Entire Agreement
These Terms, together with any service agreement or order form you and we execute, constitute the entire agreement between you and us regarding the subject matter hereof and supersede all prior or contemporaneous understandings or agreements, written or oral.
Contact Information
Mulcahy & Associates
1601 Industrial Blvd
Sugar Land, TX 77479
Email: fmulcahy@mulcahyassoc.com
Phone: (713) 545-2222