Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and KeyInsightsAI ("Company," "we," "us," or "our") governing your use of our business valuation services available at valuation.keyinsightsai.com (the "Service").

By accessing or using our Service, submitting a valuation request, or making a payment, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy and Refund Policy, which are incorporated by reference.

If you do not agree to these Terms, you must not access or use our Service.

2. Eligibility

To use our Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable laws
• Provide accurate and complete information during registration and use

By using our Service, you represent and warrant that you meet these eligibility requirements.

3. Description of Service

KeyInsightsAI provides professional business valuation services delivered in digital format. Our services include:

3.1 Service Packages

• Essential Package: Business valuation report and red flags analysis
• Exit Ready Package: Valuation report, red flags analysis, business teaser, and confidential information memorandum (CIM)
• Portfolio Packages: Multiple valuation credits for business advisors, brokers, and investors

3.2 Valuation Methodologies

Our valuations utilize industry-standard methodologies including:

• Discounted Cash Flow (DCF) / Income Approach
• Asset-Based Valuation
• Market Comparables Analysis
• Weighted EBITDA Multiple Approach

3.3 Delivery Timeline

We deliver completed valuation reports within 24 hours of receiving complete and accurate information from you. This timeline may be extended with your consent if additional information is required or if unusual circumstances arise.

4. User Responsibilities

When using our Service, you agree to:

4.1 Accurate Information

• Provide complete, accurate, and truthful financial and business information
• Submit current financial data that accurately reflects the business's financial position
• Promptly notify us if you discover any errors in the information you provided
• Respond to our requests for additional information or clarification in a timely manner

4.2 Lawful Use

• Use the Service only for lawful purposes and in accordance with these Terms
• Not use the Service to engage in fraudulent, deceptive, or illegal activities
• Not attempt to manipulate valuation results through false or misleading information
• Comply with all applicable federal, state, and local laws and regulations

4.3 Account Security

• Maintain the confidentiality of your account credentials
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

5. Payment Terms

5.1 Pricing

Current pricing for our services is displayed on our website. We reserve the right to modify our pricing at any time, but changes will not affect orders already paid for.

5.2 Payment Processing

• Payment is required in full before work begins on your valuation
• We accept major credit cards and debit cards through our secure payment processor (Stripe)
• All payments are processed in USD or CAD depending on your location
• You authorize us to charge the payment method you provide for the selected service

5.3 Taxes

Prices do not include applicable sales taxes, VAT, or other governmental taxes or fees. You are responsible for paying all such taxes or fees associated with your purchase.

5.4 Portfolio Packages

• Portfolio package credits expire 12 months from the date of purchase
• Credits are non-transferable and non-refundable after the initial purchase period
• Unused credits at expiration have no cash value and cannot be refunded

6. Intellectual Property Rights

6.1 Service Content

The Service, including all content, features, functionality, software, and design, is owned by KeyInsightsAI and is protected by copyright, trademark, and other intellectual property laws.

6.2 Valuation Reports

Upon full payment, you receive a limited, non-exclusive, non-transferable license to use the valuation report solely for your internal business purposes. You may:

• Use the report in negotiations, due diligence, or business planning
• Share the report with advisors, lenders, or potential buyers/sellers under confidentiality agreements
• Print or save digital copies for your records

You may not:

• Modify, adapt, or create derivative works from the report
• Remove our branding or attribution from the report
• Resell or redistribute the report to third parties (except as permitted above)
• Use the report's methodology or templates to create competing services

6.3 White-Label Services

Business advisors and brokers who purchase portfolio packages may receive reports with their own branding under separate white-label agreements. Contact us for white-label terms and pricing.

7. Important Disclaimers

7.1 Not a Certified Appraisal

Our valuations are professional estimates based on the information provided and market data available. They are NOT:

• Certified appraisals for tax, legal, or regulatory purposes
• Audited financial statements or opinions
• Guaranteed predictions of actual transaction prices
• Suitable for litigation or court proceedings without additional certification

7.2 Not Financial or Legal Advice

Our valuations and reports do not constitute:

• Investment advice or recommendations
• Legal advice or opinions
• Tax advice or guidance
• Recommendations to buy, sell, or hold any business or investment

You should consult with qualified legal, financial, and tax advisors before making business decisions based on our valuations.

7.3 Limitations and Assumptions

Our valuations are subject to certain limitations:

• Based on information you provide, which we do not independently verify
• Reflect market conditions and data as of the valuation date
• Make certain assumptions about future performance and market conditions
• Cannot account for all unique factors affecting your specific business
• May not be suitable for all purposes or acceptable to all third parties

7.4 Third-Party Acceptance

We do not guarantee that lenders, investors, buyers, or other third parties will accept our valuations for their purposes. Third parties may have specific requirements or may require certified appraisals from licensed appraisers.

8. Limitation of Liability

8.1 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC VALUATION GIVING RISE TO THE CLAIM.

8.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Lost profits, revenue, or business opportunities
• Business decisions made based on our valuations
• Differences between our valuation and actual transaction prices
• Third-party rejection or non-acceptance of our valuations
• Changes in market conditions after the valuation date
• Errors in information you provided to us

8.3 "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9. Indemnification

You agree to indemnify, defend, and hold harmless KeyInsightsAI, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Inaccurate or misleading information you provided
• Your violation of any rights of third parties
• Business decisions you make based on our valuations

10. Confidentiality

We maintain strict confidentiality of your business information:

• All financial and business data you provide is kept confidential
• We do not share your specific business information with third parties except as required by law or with your consent
• We may use anonymized, aggregated data from valuations to improve our market comparables database
• See our Privacy Policy for complete details on data handling

11. Service Modifications and Termination

11.1 Service Changes

We reserve the right to:

• Modify, suspend, or discontinue any aspect of the Service at any time
• Change pricing for future orders
• Update our valuation methodologies to reflect industry best practices

11.2 Account Termination

We may suspend or terminate your access to the Service if:

• You violate these Terms
• You provide false or fraudulent information
• You engage in abusive or threatening behavior toward our staff
• We suspect illegal activity or misuse of the Service
• Required by law or regulatory authorities

11.3 Effect of Termination

Upon termination, your right to access the Service immediately ceases. You will retain access to previously purchased valuation reports. Sections of these Terms that by their nature should survive termination will remain in effect.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us to attempt to resolve the dispute informally. Most disputes can be resolved through direct communication.

12.2 Arbitration Agreement

Any dispute arising from these Terms or the Service that cannot be resolved informally shall be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.

• Arbitration will be conducted by a single arbitrator
• The arbitration will take place in a location mutually agreed upon or virtually
• Each party will bear its own costs unless otherwise awarded by the arbitrator
• The arbitrator's decision shall be final and binding

12.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, AND NOT AS PART OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You may not join your claim with claims of other users.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where KeyInsightsAI is registered, without regard to conflict of law principles.

For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of the courts in that jurisdiction.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and KeyInsightsAI regarding the Service.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, natural disasters, or internet service failures.

15. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will:

• Update the "Last updated" date at the top of this page
• Notify active users via email
• Post a notice on our website

Your continued use of the Service after changes to these Terms constitutes your acceptance of the updated Terms. The Terms in effect at the time of your purchase will govern that specific transaction.

We encourage you to review these Terms periodically to stay informed of any updates.

16. Contact Information

If you have questions, concerns, or feedback about these Terms, please contact us: