Terms of Service

Last Modified: April 5, 2026

These Terms of Service ("Terms") define the relationship between you ("Client," "you," or "your") and Farlain Advisory, operated by Andrew Mitri ("Farlain," "we," "us," or "our"), located in Ontario, Canada. By accessing or using this website, submitting a diagnostic assessment, attending a walkthrough call, or engaging with any Farlain service, you agree to these Terms in full.

1. Agreement to Terms

Your use of the Farlain website, submission of the Business Diagnostic form, attendance at any consultation or walkthrough call, and engagement in any advisory services constitutes your acceptance of these Terms. If you do not agree to all provisions of these Terms, do not use the site or access any services. These Terms apply to all users, whether Business Diagnostic participants or paid advisory clients.

2. Services Described

Farlain provides the following services:

Business Diagnostic

The Business Diagnostic, known internally as "The Constraint Map," is a survey-based preliminary review of your business. The diagnostic collects information about your operations, financials, team structure, sales processes, and business challenges. Upon completion, you receive a walkthrough call with Farlain to discuss initial observations. The Business Diagnostic and walkthrough are provided at no cost, with no obligation to purchase additional services.

Walkthrough Call

After completing the Business Diagnostic, you receive one consultation call at no cost to review preliminary findings and discuss your business situation. This call is approximately 30 to 45 minutes and serves as an exploratory conversation only, not a formal advisory engagement.

Paid Advisory Engagements

Farlain offers paid advisory services on a fixed-fee project basis under three named engagement types: Working Session, Targeted Advisory, and Ongoing Advisory. All paid engagements are governed by a separate written engagement letter that specifies scope, deliverables, timeline, and fees. The engagement letter is binding and takes precedence over these general terms for any conflicting provisions. Services are provided on a best-efforts basis. Farlain uses proprietary methodologies, professional judgment, industry expertise, and analytical tools in delivering advisory services. The specific tools, processes, and workflows used to produce deliverables are at Farlain's sole discretion and may change over time. All outputs are reviewed, validated, and refined by Farlain before delivery to clients.

3. The Diagnostic Assessment: Specific Terms and Disclaimers

The Constraint Map diagnostic assessment is a self-directed online survey that asks you to provide business and financial information. You understand and agree to the following:

Preliminary Assessment Only

The diagnostic assessment provides a preliminary indication of potential business constraints based on self-reported data. It does not constitute a professional opinion, business valuation, formal recommendation to take any specific action, or advice of any kind. Results are observations and potential opportunities only; they do not guarantee accuracy, completeness, or applicability to your specific situation.

Not Professional Advice

The diagnostic assessment and any recommendations provided through it do not constitute financial, legal, tax, accounting, or regulated professional advice. Farlain is not providing services within the scope of any regulated profession. You should consult qualified professionals, including accountants, lawyers, tax advisors, or other licensed experts, before making any business, financial, or operational decisions based on assessment findings or recommendations.

Based on Self-Reported Data

The assessment relies entirely on information you provide in the survey form. Farlain does not independently verify, audit, or validate the data you submit. The accuracy and completeness of results depend entirely on the accuracy and completeness of your responses. If you provide incomplete, inaccurate, or out-of-date information, the assessment results will be correspondingly unreliable.

No Guarantee of Accuracy or Completeness

Farlain makes no warranty that assessment results are accurate, complete, current, or suitable for your specific business. Results may contain errors, omissions, or limitations. You use assessment results at your own risk.

Results Depend on Implementation and External Factors

Any potential value from assessment recommendations depends entirely on the quality of your implementation, your team's execution, market conditions, competitive factors, economic conditions, and countless other factors outside Farlain's control and knowledge. Farlain does not guarantee that you will realize any specific financial outcome, revenue increase, cost reduction, profitability improvement, or business success based on following recommendations. Past results or projected results do not guarantee future outcomes.

Intellectual Property in Assessment Methodology

The diagnostic methodology, question framework, scoring logic, constraint definitions, and all underlying systems used to produce assessment results are proprietary intellectual property of Farlain. You may not reverse-engineer, replicate, adapt, or attempt to reconstruct the methodology. You may not build a competing diagnostic or assessment tool based on any aspect of The Constraint Map.

4. Paid Engagements

Paid advisory engagements are governed by a separate written engagement letter. The engagement letter will specify the scope of work, deliverables, timeline, fees, payment terms, and any additional terms specific to that engagement. In the event of any conflict between this general Terms of Service document and an engagement letter, the engagement letter controls.

All invoices are due within 30 days of receipt unless the engagement letter specifies different payment terms. Failure to pay invoices when due may result in suspension of services or termination of the engagement.

You agree to provide Farlain with accurate, complete, and timely information necessary to deliver the engagement. Delays in providing information, incomplete data, or changes to the project scope may require timeline adjustments and potentially additional fees as agreed in writing.

5. Intellectual Property

Farlain's IP

All content on this website, including text, graphics, logos, design elements, layout, color schemes, navigation systems, and code, is the property of Farlain or its content providers and is protected by Canadian and international copyright law. You may view and download content for personal, non-commercial use only. You may not reproduce, distribute, modify, transmit, display, or create derivative works of any website content without express written permission from Farlain.

Farlain's proprietary methodologies, frameworks, diagnostic processes, analytical workflows, report structures, assessment algorithms, scoring models, and service delivery systems are trade secrets and confidential intellectual property of Farlain. You agree not to reverse-engineer, replicate, adapt, reconstruct, or attempt to deconstruct any of Farlain's methods, processes, tools, or systems, whether in whole or in part, for the purpose of building a competing service, for commercial use outside your own business, or for any other purpose without express written consent from Farlain.

Client Deliverables

Deliverables produced for you in the course of a paid engagement (such as diagnostic reports, recommendations, analysis, action plans, playbooks, and related materials) are yours to use for your own internal business purposes. The underlying methodologies, systems, and intellectual property used to produce those deliverables remain the exclusive property of Farlain.

Client Feedback and Materials

Any materials, feedback, suggestions, data, insights, or information you provide to Farlain may be used by Farlain without restriction, royalty, or compensation, unless otherwise agreed in writing. Farlain may use anonymized, aggregated, or non-identifiable insights derived from client work in research, case studies, service development, benchmarking, and professional development, provided that your specific business identity, confidential information, and proprietary details remain protected. Farlain will not publicly identify you or your business in connection with such uses without your explicit written permission.

6. Limitation of Liability

To the fullest extent permitted by law, Farlain Advisory and Andrew Mitri shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunity, goodwill, or interruption of business, even if Farlain has been advised of the possibility of such damages. This limitation applies whether claims arise from breach of contract, tort, negligence, strict liability, or any other legal theory.

The total aggregate liability of Farlain under these Terms and under any engagement letter shall not exceed the lesser of: (a) the total fees you paid to Farlain in the 12 months preceding the claim, or (b) one hundred dollars ($100). This cap applies to all claims, whether arising from a single incident or multiple incidents, and whether brought separately or together.

Some jurisdictions do not allow limitation of liability or the exclusion of consequential damages. In such jurisdictions, this provision applies only to the maximum extent permitted by law, and any unenforceable portion is severed without affecting the remainder.

7. Confidentiality

Farlain treats all client information, business details, financial data, operational information, and other materials you share as strictly confidential. Farlain will not share, sell, disclose, or transfer client information to third parties, except as required by law, by court order, or by regulatory or governmental authority.

Farlain may disclose client information to the limited extent necessary to deliver services through third-party technology platforms and service providers, including but not limited to Netlify (website hosting), Google Analytics (traffic analysis), and email service providers. These service providers are bound by confidentiality obligations and are instructed to use client information only as necessary to provide their services to Farlain.

Farlain may develop and share general industry insights, anonymized learnings, aggregated data, and non-identifiable observations from client work. Farlain will never identify you or your specific business in connection with such insights without your explicit written permission. You understand that Farlain is building intellectual capital from its work with many clients, and this general knowledge development is part of how Farlain improves its services.

8. Indemnification

You agree to indemnify, defend, and hold harmless Farlain Advisory, Andrew Mitri, and their respective directors, officers, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorney fees) arising from or related to: (a) your misuse of assessment results or recommendations, (b) your violation of these Terms, (c) your violation of any applicable law, (d) your submission of false or misleading information in the diagnostic assessment, or (e) your infringement of any third-party intellectual property rights in materials you provide to Farlain.

9. Dispute Resolution

These Terms are governed by the laws of Ontario, Canada, without regard to its conflict of law provisions. By using this site or engaging Farlain services, you consent to the exclusive jurisdiction and venue of the courts located in Ontario, Canada. You agree that any legal action or proceeding must be brought exclusively in those courts. You waive any objection to jurisdiction or venue.

Nothing in this section shall prevent Farlain from seeking injunctive relief in any court of competent jurisdiction to prevent infringement of its intellectual property or to enforce confidentiality obligations.

10. Termination

Termination of No-Cost Services: Farlain reserves the right to suspend or terminate your access to the Business Diagnostic, website, or any no-cost services at any time, for any reason or no reason, without notice or liability.

Termination of Paid Engagements: Either party may terminate a paid advisory engagement in accordance with the terms specified in the engagement letter. If no termination provision is specified in the engagement letter, either party may terminate with 14 days written notice. Upon termination, you remain liable for all fees incurred prior to the effective date of termination and for any expenses already incurred. Any provisions of these Terms that are intended to survive termination (including limitations of liability, indemnification, intellectual property, and confidentiality) shall survive termination and continue in full force and effect.

11. Third-Party Services and Technology

Farlain relies on third-party service providers and technology platforms to operate this website and deliver services. These include Netlify (website hosting), Google Analytics (traffic and user behavior analysis), and email service providers. Farlain is not responsible for errors, outages, service interruptions, data breaches, or security failures caused by these third-party providers. While Farlain takes reasonable steps to validate all outputs and recommendations, no analytical process is infallible. You understand that Farlain's services may incorporate data, analysis, or insights from these third-party platforms, and you assume all risk associated with reliance on such third-party data and tools.

12. Changes to These Terms

Farlain reserves the right to modify these Terms at any time. Material changes will be posted on this page with an updated "Last Modified" date. Your continued use of this website or engagement in Farlain services following the posting of material changes constitutes your acceptance of the updated Terms. If you do not agree with any modification, you should discontinue use of the site and services immediately. For non-material clarifications or administrative updates, Farlain may update these Terms without advance notice.

13. Disclaimer of Warranties

The website, diagnostic assessment, and all services are provided "as is" and "as available" without warranties of any kind, either express or implied. Farlain makes no warranty that the site will be uninterrupted, error-free, secure, or free from viruses, malicious code, or harmful material. Farlain does not warrant the accuracy, completeness, reliability, timeliness, or suitability of any content, recommendations, advice, analysis, or diagnostic results provided.

Diagnostic and advisory recommendations should be evaluated using your own professional judgment before acting on them. Do not rely solely on Farlain's recommendations for any significant business decision. Your implementation of recommendations is at your own risk.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

15. Entire Agreement

These Terms of Service, together with any engagement letter for paid services, constitute the entire agreement between you and Farlain regarding your use of the website and your engagement with Farlain services. These Terms supersede all prior negotiations, representations, understandings, and agreements, whether written or oral. No modification of these Terms is valid unless made in writing and signed by both you and Andrew Mitri.

16. Contact Information

If you have questions about these Terms of Service, concerns about your diagnostic assessment, or wish to contact Farlain for any reason, please reach out:

Email: andrew@farlain.ca
Location: Ontario, Canada
Website: farlain.ca

17. Governing Law and Privacy

These Terms are governed by the laws of Ontario, Canada. Privacy matters are governed by the Personal Information Protection and Electronic Documents Act (PIPEDA), Canada's federal privacy law. Your personal information is handled in accordance with Farlain's Privacy Policy, available at farlain.ca/privacy.html. You consent to the exclusive jurisdiction of the courts of Ontario, Canada for any dispute arising from these Terms or your use of Farlain services.