Terms of Service

SECTION 01What these terms cover

These terms are an agreement between you and Kixik Technologies LLC, a Florida limited liability company. They cover your use of kixik.tech, our client rooms at office.kixik.tech, and any page, form, or message we publish. Together we call those the "Site."

By using the Site, you agree to these terms. If you do not agree, please do not use it.

If you are using the Site for a business, you confirm you are allowed to agree to these terms on that business's behalf.

SECTION 02Who can use this site

You must be at least 18 and able to enter into a contract. The Site is built for business use and is not aimed at consumers or at personal shopping.

We do not currently take on healthcare clients, and we ask that you never send us patient records or health records. We are not set up to hold them. If any reach us by accident, we delete them and tell you.

SECTION 03What we actually do

Kixik is a data team you hire. A client connects their business records, asks us questions, and we do the work: we learn the data, we watch it, we compute answers, we check them, and we send back findings and finished work in plain English.

What we sell is the work, performed by people. Nothing in these terms grants you a licence to a product, because there is no product to license. When we say you are hiring a team, we mean it literally about the work and figuratively about the employment relationship. See Section 18 for the plain statement that we are an independent company, not your employees.

Anything on the Site that shows example figures, sample findings, or illustrative numbers is labelled as such and is not a statement about what we will find in your business.

SECTION 04Becoming a client

Reading the Site, booking a call, or sending us a message does not make you a client and does not create any obligation on either side.

You become a client when you sign our engagement letter and your first payment goes through. The engagement letter sets out what you get, what it costs, how to leave, the probation period, confidentiality both ways, and how we handle your data. Read it before you sign it. It is short and it is written in plain English on purpose.

SECTION 05Fees and billing

The fee is the one written in your engagement letter. It is billed monthly, every four weeks, charged automatically to the payment method on file. Four weeks is a payroll rhythm. You hired a team, so your billing runs the way pay runs.

• We do not charge extra beyond the fee in your letter. Any separate project is quoted on its own and starts only with your yes.
• If a payment does not go through, we tell you and try again before anything pauses.
• You can cancel any time and one email is enough. We finish the period you already paid for and never charge you again after that. No cancellation fee.

Prices for new clients can change. A change never applies to a signed engagement letter without your written agreement.

SECTION 06Client rooms and accounts

Clients get a client room at office.kixik.tech for signing, paying, connecting data sources, and seeing what is in flight. You sign in with a link emailed to you. There is no password to lose.

• Keep your email account secure. Anyone who can read your email can reach your client room.
• Tell us right away if you think someone has got in who should not have.
• Tell us who at your business is allowed to receive your data. We check requests against that list, and we will not send your data to an address that is not on it.
• You can revoke our access to any connected system at any time, from your own system, without asking us.

You are responsible for what happens under your client room access, except where it is our fault.

SECTION 07Fair use of the site

Please do not:

• Use the Site for anything unlawful, or to harm or defraud anyone.
• Send us data you do not have the right to send us.
• Try to get into any part of the Site, or anyone else's client room, that is not yours.
• Interfere with the Site, probe it for weaknesses without telling us first, or knock it over.
• Scrape, crawl, or bulk-copy the Site, or use it to build a competing service.
• Remove or hide any notice of ownership on anything we send you.
• Share your sign-in link with someone who should not have your data.

If you find a security weakness, please tell us instead of using it. Write to data@kixik.tech with SECURITY in the subject line. We will not pursue anyone who reports something in good faith and gives us a fair chance to fix it.

SECTION 08What is yours, what is ours

Yours

Your business records stay yours. So does everything we deliver to you: every report, finding, and number is yours to keep and use in your business forever, even if you leave or take the refund.

You give us permission to use your records as needed to do your work, and to use combined records with names and identifying details removed to get better at the work generally. We never use one client's raw data to answer another client's question.

Ours

The Site, and the tools, code, templates, methods, and know-how we use to do the work, stay ours. When a file we deliver has our templates or formulas inside it, the file is yours to use and the underlying template stays ours to reuse.

The Kixik name and mark are ours. Please do not use them without asking.

SECTION 09Not professional advice

We bring you findings and the facts behind them. What you do with them is always your call.

We are a data team. We are not your accountant, your auditor, your lawyer, your tax adviser, or your investment adviser, and nothing we send is accounting, audit, tax, legal, or investment advice. We are not a registered investment adviser or a broker-dealer. Using the Site or our work does not create a fiduciary relationship. For advice of that kind, talk to a licensed professional.

We never move money, sign anything, or act on your behalf.

SECTION 10No promise of results

We go looking for money, for waste, and for the connections in your data that point to a better decision. We work hard at it. But we cannot promise what your data will show, so:

• We never promise you will find, save, or earn any particular amount.
• We never promise a particular answer or conclusion.
• Anything you read or heard from us before signing, including our marketing and anything on this Site, is not a promise of results.
• Results we have found for other businesses do not predict what we will find in yours. Every business is different.
• Any forward-looking figure is an estimate built on the data available at the time, and real outcomes will differ.

SECTION 11Warranties

Here is what we do promise. Every number we send a client is computed from their real data and checked again before it reaches them. If a number we sent turns out to be wrong, we fix it and tell them the moment we know.

Beyond that, the Site is provided as it is and as it is available, and we make no other warranties of any kind, spoken, written, or implied. That includes any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, and any promise that the Site will be uninterrupted, error-free, or secure. Where we use data from outside sources, we do not warrant that data.

Some places do not allow warranties to be excluded. Where that is true, this section applies as far as the law allows and no further.

SECTION 12Limits on liability

Neither of us is liable to the other for indirect losses: lost profits, lost revenue, lost deals, lost data, or business interruption.

If you are a client

The limit in your engagement letter applies, and it runs both ways: the most either of us has to pay the other is the total you paid us in the 12 months before the problem came up. Money you already owe us for work we delivered sits outside that limit.

If you are not a client

If you are only using the Site, our total liability to you for anything connected with it is capped at one hundred dollars, which reflects that you have paid us nothing.

These limits are part of the deal, and the price reflects them. A few things cannot be limited by contract, including our own fraud or willful misconduct, and these terms do not try to. Some places do not allow these limits, and where that is true they apply as far as the law allows and no further.

SECTION 13Covering each other

You agree to cover us, and our owners and staff, against claims, damages, and reasonable legal costs that come from your use of the Site, your breach of these terms, your breach of someone else's rights, or data you sent us that you did not have the right to send.

This does not apply to anything caused by our own breach, negligence, or misconduct. We will tell you promptly about any claim, let you take charge of defending it, and cooperate with you. You will not settle anything that admits fault on our part without asking us first.

SECTION 14Ending things

You can stop using the Site at any time. If you are a client, cancelling is one email, on the terms in your engagement letter.

We can suspend or end your access to the Site if you break these terms, if we are required to by law, or to protect the Site or other clients. Where it is reasonable to, we will tell you first and give you a chance to put it right.

If you are a client, ending your Site access is not the same as ending the engagement. We only end an engagement on the terms in your letter, which means 30 days of notice, finishing or refunding the period you paid for, and handing everything over cleanly.

Sections 8, 9, 10, 11, 12, 13, 17 and 18 carry on after these terms end.

SECTION 15Privacy

How we handle information is set out in our Privacy Policy, which is part of these terms. How we protect it is set out on our Security page.

SECTION 16Changes to these terms

We may update these terms. When we do, we change the date at the top of this page, and we email clients about anything that matters. Continuing to use the Site after a change takes effect means you accept it.

A change to these terms never changes a signed engagement letter. That only changes in writing, agreed by both of us.

SECTION 17Law and disputes

Florida law governs these terms, without regard to its conflict of law rules.

Before anyone files anything, please write to us and give us a fair chance to sort it out. Most things get fixed in an email.

If that does not work, any dispute belongs in the state or federal courts of Walton County, Florida, and both of us agree those courts have jurisdiction over us.

Both of us agree that any dispute will be brought on an individual basis only, and not as part of a class, consolidated, or representative action.

SECTION 18Housekeeping

The fine print behind the hiring talk

We say "hire" and "probation" because that is how the relationship should feel. Legally, we are an independent company you have engaged, not your employees. Our people work for us: we pay them, direct them, and handle their taxes and benefits. You never owe us benefits, insurance, or payroll taxes, and neither of us can sign deals or make promises for the other.

The rest

• These terms, with the Privacy Policy, are the whole agreement about the Site, and replace anything said before about it.
• If a court strikes one part, the rest still counts.
• If we do not enforce something right away, we have not given it up.
• You may not transfer these terms without our written agreement. We may transfer them as part of a sale or reorganisation of the business.
• We may send you notices by email or through the Site. Send notices to us at the address below.
• Signing or agreeing electronically counts the same as on paper.
• Neither of us is responsible for delays caused by things genuinely outside our control.

SECTION 19Contact us

Questions about these terms go to one address and a person reads it.