Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Business Fractals™ ("we," "us," or "Company"), governing your access to and use of the businessfractals.com website, the Business Fractals™ platform, and all related services (collectively, the "Services").

By creating an account, accessing, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Services.

2. Eligibility

You must be at least 16 years of age to use our Services. By using the Services, you represent and warrant that you are at least 16 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Account Registration

To access certain features of our Services, you must create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information to keep it accurate and current
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.

4. Services and License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes. This license does not include the right to:

• Modify, copy, or create derivative works based on the Services
• Reverse engineer, decompile, or disassemble any part of the Services
• Sublicense, sell, rent, lease, or transfer access to the Services to any third party
• Use the Services to build a competing product or service
• Use the Services in any manner that could damage, disable, or impair the Services

5. User Content and Data

5.1 Your Content

You retain ownership of all data, content, and information you submit, upload, or store through the Services ("User Content"). By using the Services, you grant us a limited license to host, store, process, and display your User Content solely for the purpose of providing the Services to you.

5.2 Data Protection

We will process your User Content in accordance with our Privacy Policy and applicable data protection laws. We implement reasonable security measures to protect your data, but you acknowledge that no system is entirely secure.

5.3 Data Portability

You may export your User Content at any time through the available export features in the Services. Upon termination of your account, we will make your data available for export for a period of 30 days, after which it may be permanently deleted.

6. Pricing and Payment

Certain features of the Services require a paid subscription. By subscribing to a paid plan, you agree to:

• Pay the fees applicable to the subscription plan you select
• Provide accurate and complete billing information
• Authorize us to charge your payment method on a recurring basis

All fees are quoted in U.S. dollars and are non-refundable except as expressly stated otherwise. We may change our pricing with 30 days advance notice. Your continued use of the Services after a price change constitutes acceptance of the new pricing.

Free plan users may access the Services without charge, subject to the limitations described on our pricing page. We reserve the right to modify free plan features at any time.

7. Acceptable Use

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party rights
• Upload or transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to any part of the Services or related systems
• Interfere with or disrupt the integrity or performance of the Services
• Send unsolicited communications, spam, or promotional materials
• Collect or harvest personal information of other users without their consent
• Impersonate any person or entity, or misrepresent your affiliation
• Use automated means (bots, scrapers) to access the Services without our permission

8. Intellectual Property

The Services, including all content, features, functionality, software, text, graphics, logos, and trademarks, are owned by Business Fractals™ or its licensors and are protected by United States and international intellectual property laws.

"Business Fractals™," "DRIVE Success™," "Knowledge Compound Approach™," and associated logos and designs are trademarks of Business Fractals™. You may not use our trademarks without our prior written consent.

9. Third-Party Services

Our Services may integrate with or contain links to third-party services, applications, or websites. We are not responsible for the content, privacy practices, or terms of any third-party services. Your use of third-party services is at your own risk and subject to the terms and conditions of those services.

10. Service Availability and Modifications

We strive to maintain high availability of our Services but do not guarantee uninterrupted access. We may modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will make reasonable efforts to notify you of material changes that may affect your use of the Services.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUSINESS FRACTALS™, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

13. Indemnification

You agree to indemnify, defend, and hold harmless Business Fractals™ and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) your User Content.

14. Termination

You may terminate your account at any time by contacting us or using the account settings in the Services. We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Upon termination, your right to use the Services will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, and indemnification.

15. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may submit the dispute to binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, with the arbitration to be held in San Diego, California.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in San Diego County, California.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page and updating the "Last updated" date. For material changes, we will also notify you via email or through a notice within the Services. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms.

18. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Business Fractals™ regarding the Services.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

19. Contact Us

If you have questions about these Terms of Service, please contact us at: