Clarity Adoption Diagnostic™ Agreement
Version 1.0-attorney-ready-draft · drafted 2026-08-22 · status Attorney-ready draft.
Contracting party
Kirsten Alburg, LLC, a Michigan limited liability company operating the Clarity Harbor business, 195 Lakewood Lane, Marquette, MI 49855, United States
Engagement fee: $10,000. Questions about these terms: hello@joinclarityharbor.com.
1. Parties
Service provider: Kirsten Alburg, LLC, a Michigan limited liability company operating the Clarity Harbor business, 195 Lakewood Lane, Marquette, MI 49855, United States. "Clarity Harbor" is the business and brand operated by Kirsten Alburg, LLC; it is not a separate company.
Customer: the organization identified at checkout, acting through the person who accepts this agreement and represents that they are authorized to do so.
The Michigan assumed-name filing for Clarity Harbor has not been verified. Until it is, the provider is identified by its legal name and the Clarity Harbor brand is described as the business it operates.
2. What the Diagnostic is
The Clarity Adoption Diagnostic™ is a fixed-scope, evidence-based, async-first professional diagnostic service. It examines the customer's path toward meaningful user value and identifies evidence-supported areas deserving attention.
Clarity Harbor diagnoses, analyzes, prioritizes, recommends and helps define measurement. The customer's team generally implements.
The Diagnostic is not implementation consulting, ongoing management, optimization work, or a guarantee of growth, revenue, adoption or any other result.
3. Deliverables
The Diagnostic delivers the following, in the form published on https://joinclarityharbor.com/diagnostic and illustrated in the sample Diagnostic:
• Executive Decision Brief (decision, evidence, recommendation, measure, next decision)
• User Journey Map
• First Meaningful Value definition
• Clarity Lens Assessment (finding / evidence / recommendation)
• Adoption Baseline
• Strengths to Protect
• Top Three Areas Worth Addressing
• Prioritized recommendations rated for impact, effort, priority and evidence strength
• What we would do first, and what we would not prioritize yet
• Success Hypothesis
• 30-Day Action Plan
• Measurement Plan
Each deliverable is produced from the evidence actually available. Where evidence does not support a conclusion, the deliverable says so and states the confidence level rather than filling the gap.
"Top Three Areas Worth Addressing" identifies the three areas the evidence most supports attention to. They may vary in severity. Clarity Harbor does not guarantee that three significant defects exist or will be found.
4. What is not included
The Diagnostic fee covers the analysis and the deliverables above. It does not include implementation, implementation management or project management; unlimited consulting, meetings, email or messaging access; ongoing advisory work; software development or design execution; primary customer or user research conducted by Clarity Harbor unless separately agreed; continuous monitoring (that is Clarity Harbor Pulse™, a separate service); or open-ended revisions.
Additional work is available by separate written scope and fee. Nothing here limits the customer-satisfaction commitments in clause 13.
5. How the engagement runs (async-first)
The engagement is asynchronous. The customer completes a structured intake and provides evidence through the secure upload flow. Clarifying questions are handled asynchronously by email or through the customer portal.
No live meeting is required, and none is promised as part of the fee. If both parties choose to have a conversation, that is by agreement, not obligation.
Timeline runs from the point the required intake and evidence are received, and is published on the Diagnostic page.
6. Customer evidence, rights and responsibilities
The customer provides the evidence it chooses: product materials, screenshots, documentation, analytics, existing user or customer research, journey information and other internal materials.
The customer represents that it has the rights or authority necessary to share the materials it submits, and that submission does not breach an obligation it owes to a third party.
Please do not upload: government identifiers, payment card numbers, health records, credentials or access secrets, or personal data you do not have a lawful basis to share. Redacted or aggregated evidence is usually sufficient. If material is submitted that should not have been, tell Clarity Harbor and it will be deleted.
The customer is responsible for the accuracy of the evidence it provides. Missing analytics or research is not a blocker; evidence gaps are named in the report.
7. Evidence sufficiency and integrity
Clarity Harbor does not fabricate findings to complete a Diagnostic. If the evidence is insufficient, Clarity Harbor will request additional information, limit the conclusion and state the limitation explicitly, or, where the Diagnostic cannot responsibly proceed, apply the customer resolution process in clause 13.
"Insufficient evidence" is a valid and honest Diagnostic output.
8. AI-assisted analysis and human expert review
The Diagnostic is produced with AI assistance and approved by a qualified human expert. Accurately described, the process is: the customer submits evidence; the system organizes it; AI supports initial analysis; the system surfaces potential patterns and candidate findings; AI supports draft preparation; a qualified human expert reviews the draft; expert judgment determines what the evidence means; the expert approves the final Diagnostic; the customer receives it.
The Diagnostic is neither entirely human-generated nor fully autonomous, and Clarity Harbor does not describe it as either.
Human expert review is a required part of the current $10,000 Diagnostic and is not removed without an explicit, recorded decision.
AI providers used in the process are listed in the subprocessor register.
9. Clarity Harbor background intellectual property
Clarity Harbor owns, and retains ownership of, everything it brings to the engagement: the Clarity Harbor Method™, the Clarity Lens™, scoring systems, analysis logic, prompts, software, workflows, templates, report structures, processes, know-how, training materials, benchmarks, databases, and any generalized improvements to those assets.
Nothing in this agreement transfers ownership of that background intellectual property. The presence of a framework, template or methodology component inside a delivered Diagnostic does not transfer it.
The customer receives what it purchased: the Diagnostic, and the right to use it as described in clause 11.
10. Customer materials
The customer owns and keeps ownership of its pre-existing product, software, brand, content, data, documents, customer information and all other materials it provides.
Clarity Harbor receives only the rights reasonably required to process the engagement, perform the Diagnostic, deliver the service, and do anything else the customer specifically authorizes.
Clarity Harbor claims no ownership over the customer's business, product or source materials.
11. The delivered Diagnostic
On payment, the customer may use, copy, adapt and share the delivered Diagnostic internally — including with its board, funders, advisors and contractors — for its own business purposes, without further permission or fee.
The customer may not resell the Diagnostic, publish it publicly as a Clarity Harbor product, or use it to build a competing diagnostic or assessment service based on Clarity Harbor's frameworks and structures.
If the customer would like to publish the Diagnostic or quote it publicly, Clarity Harbor will usually agree; ask first so both names are represented accurately.
12. Fee, payment and taxes
The fee for the Clarity Adoption Diagnostic™ is $10,000, payable in advance through Clarity Harbor's payment processor. The fee is fixed for the scope described in this agreement.
There are no late fees, interest charges, collection fees, automatic renewals or penalties. If a payment fails, the engagement simply pauses until payment succeeds.
Prices are exclusive of any applicable taxes, which are the customer's responsibility where they apply.
13. Standing behind the work: refunds, cancellation and customer care
The Refund, Cancellation and Customer Care policy (version 1.0, published at https://joinclarityharbor.com/refunds) forms part of this agreement.
Before substantive Diagnostic work begins — that is, before the "work started" milestone — the customer may cancel for a full refund.
After substantive Diagnostic work begins, the fee is generally non-refundable, subject to the Customer Care Review, Value Recovery Review and Refund Exception processes.
If the customer believes Clarity Harbor missed a promised deliverable, made a material factual error, materially misinterpreted the evidence, or produced work below the published quality standard, the Customer Care Review applies. Clarity Harbor stands behind the quality of its work.
"Generally non-refundable after substantive work begins" protects Clarity Harbor when the promised professional service was performed well and the customer simply changed their mind. It must never be used to avoid accountability for deficient work, material error, missing deliverables, billing mistakes or failure to perform the contracted service.
Never trigger Diagnostic Work Started to eliminate refund eligibility, and never start analysis early merely to prevent cancellation.
Never backdate the Diagnostic Work Started event.
14. No guaranteed outcomes
Clarity Harbor does not guarantee revenue growth, profit, valuation, conversion, retention, adoption improvement, fundraising success, customer satisfaction, business performance, or any particular implementation result.
The Diagnostic provides analysis, prioritization and recommendations based on the evidence available. The customer remains responsible for its business decisions, product decisions, implementation and results.
This clause does not excuse deficient work by Clarity Harbor. Clarity Harbor stands behind its process and deliverables; it does not guarantee the market.
15. Confidentiality
Each party will protect the other's confidential information with at least reasonable care, use it only to perform or receive the service, and limit access to those who need it.
Customer evidence and deliverables are stored in access-controlled systems and are not shared outside the subprocessors listed in the register.
Confidentiality does not apply to information that is public through no fault of the receiving party, already known, independently developed, or lawfully received from a third party. Disclosure required by law is permitted, with notice where lawful.
Clarity Harbor will not name the customer publicly or publish its results without the customer's written permission.
16. Data, privacy and aggregated learning
Personal data is handled in line with the Privacy Policy at https://joinclarityharbor.com/legal/privacy and, where applicable, a Data Processing Agreement.
Clarity Harbor distinguishes identifiable customer information from aggregated, de-identified learning. Identifiable customer information is used to deliver the engagement.
Clarity Harbor proposes to use aggregated, de-identified information — with the customer, its people and its product not identifiable — to improve its methodology and analysis, develop benchmarks, improve its products and conduct internal research. This provision is under attorney review and is not treated as agreed until approved.
Customer confidential information is not used to train general-purpose AI models, and Clarity Harbor states that only to the extent the actual vendor configuration and contractual terms support it. Vendor terms are recorded in the vendor register and re-verified when a vendor changes.
Retention and deletion follow the published retention matrix. A customer may request export or deletion at any time; records that must be retained for legal, tax or dispute purposes are identified in the response.
17. Warranties and disclaimers
Clarity Harbor warrants that it will perform the Diagnostic professionally, in line with its published quality standard, using qualified human expert review.
Except for that warranty, the service is provided without other warranties, express or implied, to the extent permitted by law. This does not limit the customer-satisfaction commitments in clause 13.
18. Limitation of liability
Proposed for review: neither party is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data. Clarity Harbor's total aggregate liability arising from the engagement is proposed to be limited to the fee paid for the Diagnostic.
Proposed exclusions from that limit: confidentiality breaches, fraud, willful misconduct, and anything that cannot be limited by law.
ATTORNEY REVIEW REQUIRED. These limits are a draft proposal, not legal advice, and are not in force until approved.
19. Indemnification
Proposed for review, balanced in both directions: the customer indemnifies Clarity Harbor against claims arising from materials it provided without the necessary rights; Clarity Harbor indemnifies the customer against claims that its own pre-existing methodology or deliverable infringes a third party's intellectual property.
ATTORNEY REVIEW REQUIRED. Scope, caps, procedure and whether indemnification is appropriate at this engagement size are open questions.
20. Term and termination
This is a fixed engagement, not a subscription. It ends when the Diagnostic is delivered, and there is no automatic renewal and no recurring charge.
Either party may end the engagement for material breach that is not cured within a reasonable notice period. Cancellation and refund consequences are governed by clause 13.
Confidentiality, intellectual property and liability provisions survive the end of the engagement.
21. No automatic enrollment in other services
Purchasing the Diagnostic does not enroll the customer in Clarity Harbor Pulse™, an Outcome Review, or any other paid service.
The usual pathway is: Diagnostic → the customer implements → optional Outcome Review → optional Pulse. Each paid step requires a separate, explicit purchase. There is no hidden continuity billing.
22. Governing law and disputes
Proposed placeholder: the laws of the State of Michigan, United States, without regard to conflict-of-laws rules.
Proposed placeholder: the parties will first attempt to resolve any dispute directly and in good faith, including through the Customer Care Review, before formal proceedings.
ATTORNEY REVIEW REQUIRED — governing law, venue and dispute-resolution structure, including whether arbitration is appropriate, are legal judgments the system does not make.
23. Acceptance and the whole agreement
Acceptance is recorded electronically at checkout: customer legal name, authorized contact, agreement version, order and scope, price, acceptance method, acceptance timestamp, refund-policy version, the disclosures shown, and the Diagnostic identifier.
This agreement, together with the order details, the Refund and Cancellation policy, the Privacy Policy and the AI and Data Use Policy, is the whole agreement for the Diagnostic. A customer's own purchase-order terms do not apply unless separately agreed in writing.
Enterprise customers with their own contracting requirements are handled through a separate review; nothing here commits either party to those terms.
Published for transparency. Until an attorney has reviewed and Clarity Harbor has recorded approval, this document is a draft and is not an executed agreement. The agreement that applies to an engagement is the version accepted at checkout.