Terms of Service

1. Introduction

These Terms explain who you’re contracting with (Korpesh) and the rules for using our Service.

2. Definitions

1. Account: Your registered user profile.
2. Content: Text, images, audio, video, data, reports, analyses, or other materials displayed, uploaded, or generated via the Service.
3. Korpesh IP: All Content, software, algorithms, trademarks, logos, documentation, designs, and other materials owned or licensed by Korpesh.
4. User Content: Content you submit, post, or otherwise provide via the Service.
5. Subscription: A paid plan granting access to paid Features for a specified billing period.
6. Features: All functionalities - free and paid - included in the Service, such as Lean Canvas validation, Porter’s Five Forces analysis, competitor profiling, algorithmic scoring, and actionable reports.

3. Eligibility & Registration

1. Eligibility: You must be at least 18 years old and legally capable of entering contracts.
2. Registration: To use paid or personalized Features, you must create and maintain an Account with accurate, current, and complete information. You are responsible for all activity under your credentials. Notify us immediately of any unauthorized use.

4. Account Termination & Suspension

1. Grounds: Violation of these Terms; prohibited conduct; fraudulent information; security threats.
2. Procedure:
   • Minor infractions or non-payment: Notice plus a 7-day cure period.
   • Severe violations (e.g., hacking, data theft): Immediate suspension with post-notice.

5. Acceptable Use & Prohibited Conduct

1. Acceptable Use: Use the Service only for lawful, personal, or internal business purposes in line with these Terms.
2. Prohibited Conduct: You must not:
   • Reverse engineer, decompile, or extract source code or algorithms.
   • Bypass security measures or usage limits.
   • Systematically scrape, mine, or harvest data.
   • Transmit spam or unsolicited communications.
   • Impersonate any person or entity.
   • Use the Service for illegal, fraudulent, harmful, or abusive activities.

6. Intellectual Property, Third-Party Frameworks & User Content

6.1 Korpesh IP

All Korpesh IP remains our exclusive property. We grant you a limited, non-exclusive, non-transferable, revocable license to use Korpesh IP solely to access and use the Service in accordance with these Terms.

6.2 User Content

You retain ownership of your submissions. By providing User Content, you grant Korpesh a worldwide, royalty-free, sublicensable, non-exclusive license to use, reproduce, modify, and display your User Content solely to operate, maintain, and improve the Service. You warrant you have all rights to your User Content and that its use by Korpesh does not infringe third-party rights.

6.3 Third-Party Frameworks & Trademarks

7. Products, Features & Promotional Communications

1. Features: Business model validation, Industry analysis, competitor profiling summaries, algorithmic scoring, actionable reports.
2. Promotional Communications: We may send service updates, newsletters, and offers. You may opt out anytime via any “unsubscribe” link or by emailing info@korpesh.com.

8. Subscriptions, Payments & Refunds

1. Plans & Billing: Monthly and Yearly Subscriptions billed in advance in USD via Stripe. All charges recur automatically unless canceled before renewal.
2. Authorization: You authorize us (and our payment processor) to charge your chosen payment method on each due date.
3. Refund Policy:
   • Statutory Right: You may cancel your first Subscription within 14 days for a full refund.
   • After 14 days: All sales are final - no prorated refunds or credits for partial use.

9. Data Security, Privacy & Cookies

1. Privacy Policy: We collect and process personal data per our Privacy Policy (www.korpesh.com/privacy).
2. Cross-Border Transfers: Transfers outside the EEA rely on Standard Contractual Clauses or equivalent safeguards.
3. User Rights: Access, correction, deletion, and portability under GDPR and CCPA. Residents of the UK, Canada, Australia, and other jurisdictions retain non-waivable statutory rights.
4. Cookies & Tracking: We use cookies for functionality, analytics, and marketing. Manage preferences or opt out via your browser settings or our Cookie Preference Center (www.korpesh.com/cookies).
5. Security Measures: Encryption in transit (TLS) and at rest, role-based access controls, regular vulnerability assessments, and annual third-party audits.
6. Breach Notification: If a data breach occurs, we will notify affected users within 72 hours (or as required by law), detailing the nature of the breach and mitigation steps.
7. Data Portability: Request an export of your User Content and account data by emailing privacy@korpesh.com; we will provide it in a machine-readable format within 30 days.

10. Third-Party Services

We may link to or integrate external services; you assume any risk. We do not endorse or control third-party products, services, or content; any use of them is at your own risk and subject to their terms and privacy practices.

11. Modifications to Service & Terms

1. Service Changes: We may add, remove, or modify Features at any time; updates will be reflected in-app or on our website.
2. Terms Updates: For material changes (e.g., pricing, privacy, dispute resolution):
   • Email notice at least 15 days before they take effect.
   • In-app banner on your next login, lasting 30 days.
   • You must “Accept” material updates; if you decline, only the newly affected Features will be suspended, and you may continue using existing Features under the prior Terms.

12. Disclaimers & Limitation of Liability

1. Disclaimers: THE SERVICE IS PROVIDED “AS-IS” AND “AS-AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT).
2. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER KORPESH NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS OR DATA). OUR TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES YOU PAID IN THE SIX (6) MONTHS PRIOR TO THE CLAIM. Statutory liabilities and indemnification obligations survive this cap.
3. Assumption of Risk: THE ANALYSES, REPORTS, AND RECOMMENDATIONS PROVIDED BY IDEAVAL ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE (LEGAL, FINANCIAL, TAX, OR OTHERWISE). YOU ACKNOWLEDGE AND AGREE THAT ANY DECISIONS YOU MAKE BASED ON THE SERVICE ARE MADE SOLELY AT YOUR OWN RISK. KORPESH IS NOT RESPONSIBLE FOR THE OUTCOMES OF YOUR ACTIONS, AND YOU SHOULD ALWAYS CONSIDER CONSULTING A QUALIFIED PROFESSIONAL BEFORE MAKING ANY SIGNIFICANT BUSINESS, FINANCIAL, OR LEGAL DECISIONS.

13. Indemnification

You agree to indemnify, defend, and hold harmless Korpesh and its officers, directors, employees, and agents from and against any claims, liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) arising out of (a) your breach of these Terms; (b) your User Content; or (c) your use of the Service in violation of these Terms.

14. Governing Law & Dispute Resolution

1. Governing Law: These Terms are governed by Delaware law.
2. Arbitration: Claims will be resolved by binding arbitration under AAA Commercial Rules in Wilmington, DE; Korpesh advances your fees; process is confidential.
3. Waiver of Jury & Class Actions: You and Korpesh each waive rights to jury trials and class actions.
4. Small-Claims Exception: You may file in small-claims court instead of arbitration for disputes within that court’s jurisdiction.
5. Time to File: Proceedings must commence within one year of the cause of action, unless a longer statute applies.
6. Severability: If any part of Section 14 (except the waiver of class actions) is unenforceable, the rest remains in effect.

15. Force Majeure

Neither party is liable for delays or failures due to causes beyond reasonable control - acts of God, pandemics, war, terrorism, government orders, cybersecurity events, or Internet outages.

16. Miscellaneous

1. Severability: If any provision is unenforceable, the remainder remains in force.
2. No Waiver: Failure to enforce a right does not waive it.
3. Entire Agreement: These Terms, Privacy Policy, Cookie Policy, and any incorporated policies constitute the full agreement.
4. Feedback: Suggestions via email or in-app widget become Korpesh’s property; we’ll review and respond within 30 days.

17. Contact Information