TCH Black

Terms of Service

Effective 28 July 2026

The short version

No contract, no notice period, no cancellation fee. Stop at the end of any month.
Nothing gets built until you approve a fixed quote, and the number never moves after you accept it.
What we build is yours outright, permanently. We keep no switch we can flip.
You buy your own platform account. We earn a commission on that referral, it does not increase what you pay, and we would rather say so than have you discover it.
We design everything to produce more than it consumes. That is a design principle we hold ourselves to, not a guarantee of revenue.

Who you contract with

These terms are an agreement between you and Daniel Kahn, an individual doing business as PitchBlack, operating in the State of Oklahoma. PitchBlack is a trade name and is not a separate legal entity.

We are telling you that plainly rather than implying a company that does not exist. If PitchBlack is later formed as a limited liability company, that entity will assume this agreement and you will be told.

Throughout, "we" and "us" mean Daniel Kahn doing business as PitchBlack. "You" means the person or business engaging us.

What we do

We design and build custom operational systems, automations, integrations, and AI driven tools, and we train you to run them. The process runs in a fixed order: a discovery call, our analysis, a solutions call, a fixed quote, the build, training, and then a monthly cycle for as long as you want it.

Discovery calls and solutions calls are free and carry no obligation. Nothing is charged and nothing is owed until you accept a quote.

Calls are recorded and transcribed, and analysed using AI systems, as described in our Privacy Policy. You will be told before each recording begins, and you may decline.

The monthly retainer

The retainer begins when you accept your first quote, and it continues monthly until you stop it. It covers four separate hours each month, and they are not interchangeable:

One discovery call each month.
One solutions call each month.
One hour of training for each build we deliver, at the time we deliver it.
One hour of adjustments each month, for refinements to what already exists.

The adjustment hour does not accumulate. If a change takes eight minutes, eight minutes comes off that hour, and unused time does not carry into the following month.

You do not have to commission any build to hold a retainer. Some clients keep only the monthly conversation, and that is a legitimate way to work with us.

The retainer does not include new development. Anything beyond adjustments to existing work is quoted separately under section 4.

Builds and quotes

Every build is scoped into a fixed number of hours and priced before any work begins. You approve the quote or you do not, and nothing is built on a maybe.

Once you accept a quote, the number does not move. If the work takes us longer than we estimated, that is our problem and not your invoice. The only thing that changes a quoted price is you asking for something that was not in the scope, and that gets its own quote before it is built.

We will give you a delivery estimate with each quote. We will meet it or tell you early if we cannot. Estimates are made in good faith and are not deadlines carrying penalties, unless we agree otherwise in writing.

Payment

Payments are processed by Stripe. We do not see or hold your card details.

Retainer

Billed monthly in advance, on the anniversary of the day you accepted your first quote. Cancel any time before your next billing date and you will not be charged again. A month that has already started is not refunded, because the calls and the adjustment hour are available to you from the first day of that month whether or not you use them.

Builds

Quoted at $5,000 or lessPaid in full before work starts

Quoted above $5,00050% to schedule, 50% on delivery

On builds above $5,000, the balance is due on delivery, before handover and training.

If a build is cancelled part way through

You are billed only for the hours actually worked, at the quoted rate, and you receive whatever was completed. If the hours worked come to less than you have already paid, we refund the difference. We do not keep money for work we did not do, and we do not withhold work you have paid for.

If a payment fails

We do not charge interest or late fees. Retainer services pause until the payment is resolved, and resume when it is. Anything already built keeps running throughout, because it lives in your account and not ours.

Refunds

Discovery and solutions calls are free, so there is nothing to refund. Build refunds are covered above. Retainer months already begun are not refunded.

Your platform account

Everything we build is built inside a platform account that you open, in your name, on your card. You pay the platform directly. We never bill you for it, never mark it up, and never hold it.

This is deliberate. It is the mechanism that makes everything in section 7 true rather than merely promised.

Our referral commission, stated plainly

When you set up your platform account, we ask you to use our referral link. We receive a commission from the platform for that referral, paid by them, for as long as you remain a customer. It does not increase what you pay, and it is not the reason we recommend the platform. We are telling you because you would want to know, and because you would eventually find out.

Because the account is yours, its terms are between you and the platform. If the platform suffers an outage, changes its features, raises its prices, or closes your account, that sits outside our control and outside this agreement. If your subscription lapses, your systems stop working, and that is not something we can prevent or be responsible for.

Ownership

On final payment for a build, you own it outright. Every configuration, automation, workflow, integration, piece of content, and document we produce for you. Not licensed to you. Owned by you. That transfer is permanent and irrevocable, and it survives the end of this agreement for any reason.

We retain no right to disable, revoke, restrict, or reclaim anything we build for you. There is no licence to expire and no switch we can flip. If we part ways, we lose access to your account and you keep everything in it.

What stays ours

Our general methods, know how, techniques, and reusable patterns remain ours. In plain terms: what we learn how to do stays ours, what we build for you is yours. We may use the same technique for another client, and we will never reuse your content, your data, your configurations, or anything specific to your business.

What you give us stays yours

Your logos, copy, files, lists, and data remain entirely yours. You give us permission to use them only to do the work, and only for as long as we are doing it.

We will not use you as a case study

We will not name you, identify you, describe your build, or use your logo in any marketing without your separate written permission, each time. Not in a portfolio, not on the website, not in a conversation with another prospect. If we want to talk about your work, we will ask, and you are free to say no.

Confidentiality

Discovery calls tend to surface things you would not say publicly. We treat everything you tell us as confidential, and we use it only to serve you. We will not disclose it to anyone except the providers listed in our Privacy Policy, who are bound to use it only on our instructions, or where the law genuinely compels us.

This obligation continues after our work together ends.

We ask the same of you in respect of our quotes, methods, and materials.

What you are responsible for

Keeping your platform subscription current, so what we built keeps running.
The accuracy of what you tell us. Our analysis is only as good as the information we are given, and we design against what you describe.
Your own legal compliance for messages your systems send, including consent for marketing emails and texts, and any industry rules that apply to your business.
Reviewing what we deliver and telling us promptly if something is not right.
The security of your own account credentials.

What we do not promise

Our services are provided as is. We do not warrant that any system will be uninterrupted, error free, or free from the effects of changes made by third party platforms we do not control.

We design everything we build to produce more than it consumes. That is a design principle and the standard we hold ourselves to. It is not a guarantee of revenue, profit, or any particular business outcome. Too much of what determines a result sits outside the system: your market, your pricing, your team, and your follow through.

We are not lawyers, accountants, or financial advisers, and nothing we build or say is legal, tax, or financial advice.

To the fullest extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non infringement.

Limits on liability

To the fullest extent permitted by law:

Our total liability to you, for everything arising out of or connected to this agreement, is limited to the fees you paid us in the 12 months before the claim arose.
We are not liable for indirect or consequential loss, including lost profits, lost revenue, lost business opportunities, lost data, or business interruption, even if we were told such loss was possible.
We are not liable for failures, outages, feature changes, price changes, or account actions of third party platforms, including the platform your account is held with.

Some jurisdictions do not allow certain limits, and in those places these limits apply only as far as the law permits.

Ending the arrangement

You may stop at the end of any month, for any reason or none, by telling us in writing before your next billing date. There is no notice period and no cancellation fee.

We may end the arrangement on 30 days written notice, or immediately if you do not pay, or if you ask us to build something unlawful.

When it ends: you keep everything, your account remains yours, your systems keep running, and we lose access. Sections 7, 8, 10, 11, 13, and 14 continue to apply afterwards.

If we disagree

There is no arbitration clause in this agreement, deliberately. At the size of the work we do, arbitration would cost more than most disputes are worth.

Tell us. Send written notice describing the problem and what you want done about it. We have 30 days to resolve it directly with you.
Then mediation. If that fails, we both attend mediation in Oklahoma County, Oklahoma, and split the mediator's costs. This is a condition of filing anything in court.
Then the courts. Any claim is brought in the state or federal courts of Oklahoma County, Oklahoma, and this agreement is governed by Oklahoma law without regard to conflict of law rules.

Small claims stays open to both of us. Either party may bring a qualifying claim in small claims court without the steps above. That is the sensible venue for a disputed invoice.

Each party pays its own legal costs, with one exception: if we have to pursue genuinely unpaid invoices, we may recover our reasonable costs of collection.

Any claim must be brought within one year of the event giving rise to it.

General

Independent contractor. We are an independent contractor. This agreement does not create a partnership, employment, joint venture, or agency relationship.

Changes. We may update these terms. Material changes will be sent to current clients directly and take effect on your next billing date, so you always have the chance to stop before they apply to you.

Assignment. You may not transfer this agreement without our written consent. We may transfer it to a successor entity, including a limited liability company formed to continue this business.

Severability. If any part of this agreement is unenforceable, the rest continues in force.

No waiver. If we do not enforce something immediately, we have not given up the right to enforce it later.

Entire agreement. These terms, the Privacy Policy, and any quote you have accepted are the whole agreement between us, and they replace anything said beforehand.

Force majeure. Neither party is liable for failures caused by events genuinely outside its reasonable control.