Terms of Service

    Last Updated: December 30, 2026

    PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE USING THE PROFITORACLE BY KIXIK PLATFORM. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.

    1.INTRODUCTION AND ACCEPTANCE

    These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Kixik Technologies LLC, a Florida limited liability company ("Kixik," "Company," "we," "us," or "our"), governing your access to and use of the ProfitOracle platform, including any related websites, applications, tools, and services (collectively, the "Service").

    By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

    If you are using the Service on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms.

    2.DESCRIPTION OF SERVICE

    ProfitOracle is a business intelligence and analytics platform that provides:

    (a) Business Strategy Analysis: AI-powered analysis of business questions across pricing, marketing, operations, hiring, finance, product, and customer categories.

    (b) Financial Projections: Estimated profit impact projections, revenue modeling, and ROI calculations based on provided data and market analysis.

    (c) Monte Carlo Simulations: Proprietary simulation tools that model various business scenarios using probabilistic analysis to estimate potential outcomes.

    (d) Confidence Scoring: Statistical confidence assessments indicating the reliability of projections based on available data quality and market variables.

    (e) Implementation Guidance: Step-by-step recommendations and templates for executing business strategies.

    (f) Performance Tracking: Tools to monitor the outcomes of implemented recommendations against projected results.

    3.ACCOUNT REGISTRATION AND SECURITY

    3.1 Account Creation

    To access certain features of the Service, you must create an account by providing accurate, current, and complete information. You agree to update your information to maintain its accuracy.

    3.2 Account Security

    You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

    3.3 Account Eligibility

    You must be at least 18 years old and have the legal capacity to enter into contracts to use the Service. The Service is intended for business use and is not directed at consumers.

    4.SUBSCRIPTION AND PAYMENT TERMS

    4.1 Subscription Plans

    Access to the Service requires a paid subscription. Subscription plans, features, and pricing are available on our website and may be updated from time to time.

    4.2 Billing

    You authorize us to charge your designated payment method for all applicable subscription fees. Subscriptions automatically renew unless cancelled prior to the renewal date.

    4.3 Refunds

    Subscription fees are non-refundable except as required by applicable law or as explicitly stated in our refund policy.

    4.4 Price Changes

    We reserve the right to modify subscription pricing with at least 30 days' notice before the change takes effect.

    5.PROPRIETARY TECHNOLOGY AND INTELLECTUAL PROPERTY

    5.1 Ownership

    The Service, including all software, algorithms, methodologies, simulations, analysis frameworks, user interfaces, designs, and content (excluding User Content), is owned by Kixik and protected by intellectual property laws.

    5.2 Proprietary Simulation Technology

    Our Monte Carlo simulations, financial modeling algorithms, and analytical processes utilize proprietary technology developed by Kixik. The specific methodologies, formulas, and processes underlying these tools are trade secrets and confidential information of Kixik.

    5.3 License Grant

    Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription term.

    5.4 Restrictions

    You may not:

    (a) copy, modify, or distribute the Service;

    (b) reverse engineer, decompile, or attempt to extract source code;

    (c) sublicense, sell, or transfer access to the Service;

    (d) use the Service to develop competing products; or

    (e) remove any proprietary notices from the Service.

    5.5 User Content

    You retain ownership of data and content you submit to the Service ("User Content"). You grant Kixik a non-exclusive license to use User Content as necessary to provide the Service and to improve our algorithms and models in an aggregated, anonymized manner.

    6.IMPORTANT DISCLAIMERS

    6.1 NOT FINANCIAL, LEGAL, OR PROFESSIONAL ADVICE

    THE SERVICE PROVIDES BUSINESS INTELLIGENCE AND ANALYTICAL TOOLS FOR INFORMATIONAL PURPOSES ONLY. THE PROJECTIONS, RECOMMENDATIONS, AND ANALYSES PROVIDED DO NOT CONSTITUTE FINANCIAL ADVICE, INVESTMENT ADVICE, LEGAL ADVICE, TAX ADVICE, OR ANY OTHER FORM OF PROFESSIONAL ADVICE.

    6.2 NO FIDUCIARY RELATIONSHIP

    USE OF THE SERVICE DOES NOT CREATE A FIDUCIARY, ADVISORY, OR PROFESSIONAL RELATIONSHIP BETWEEN YOU AND KIXIK. WE ARE NOT A REGISTERED INVESTMENT ADVISOR, BROKER-DEALER, FINANCIAL PLANNER, OR LICENSED PROFESSIONAL IN ANY JURISDICTION.

    6.3 SIMULATIONS AND PROJECTIONS

    ALL SIMULATIONS, PROJECTIONS, FINANCIAL MODELS, AND PREDICTED OUTCOMES ARE ESTIMATES BASED ON:

    • Data you provide, the accuracy of which we cannot verify
    • Historical market data and trends that may not predict future results
    • Statistical modeling techniques that involve inherent uncertainty
    • Assumptions that may not reflect actual market conditions

    6.4 NO GUARANTEE OF RESULTS

    CONFIDENCE SCORES, SUCCESS PROBABILITIES, AND PROJECTED OUTCOMES ARE STATISTICAL ESTIMATES, NOT GUARANTEES. ACTUAL RESULTS MAY DIFFER MATERIALLY FROM PROJECTIONS DUE TO FACTORS INCLUDING BUT NOT LIMITED TO:

    • Market volatility and economic conditions
    • Implementation quality and timing
    • Competitive responses
    • Regulatory changes
    • Unforeseen business circumstances
    • Data accuracy and completeness

    6.5 PAST PERFORMANCE

    ANY REFERENCES TO PAST CLIENT RESULTS, HISTORICAL PERFORMANCE, OR SUCCESS METRICS ARE NOT INDICATIVE OF FUTURE RESULTS. EACH BUSINESS SITUATION IS UNIQUE.

    6.6 USER RESPONSIBILITY

    YOU ARE SOLELY RESPONSIBLE FOR:

    • Verifying all data inputs for accuracy
    • Conducting independent due diligence before making business decisions
    • Consulting with qualified professionals (accountants, lawyers, financial advisors) as appropriate
    • Evaluating the suitability of any recommendation for your specific circumstances
    • All business decisions made based on information from the Service

    7.DISCLAIMER OF WARRANTIES

    7.1 AS-IS BASIS

    THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

    7.2 NO WARRANTIES

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIXIK DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

    • IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
    • WARRANTIES OF ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION
    • WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
    • WARRANTIES REGARDING THE RESULTS OBTAINED FROM USING THE SERVICE

    7.3 THIRD-PARTY DATA

    We may incorporate data from third-party sources. We do not warrant the accuracy, completeness, or reliability of such data.

    8.LIMITATION OF LIABILITY

    8.1 EXCLUSION OF DAMAGES

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIXIK SHALL NOT BE LIABLE FOR ANY:

    • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
    • LOSS OF PROFITS, REVENUE, BUSINESS, OR ANTICIPATED SAVINGS
    • LOSS OF DATA OR BUSINESS INTERRUPTION
    • DAMAGES ARISING FROM BUSINESS DECISIONS MADE BASED ON SERVICE OUTPUT
    • DAMAGES ARISING FROM IMPLEMENTATION OF RECOMMENDATIONS
    • DAMAGES ARISING FROM INACCURATE PROJECTIONS OR SIMULATIONS

    8.2 AGGREGATE LIABILITY CAP

    IN NO EVENT SHALL KIXIK'S TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO KIXIK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

    8.3 BASIS OF THE BARGAIN

    YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT AND THAT KIXIK WOULD NOT PROVIDE THE SERVICE WITHOUT THESE LIMITATIONS.

    8.4 EXCEPTIONS

    Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

    9.INDEMNIFICATION

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

    (a) Your use of the Service

    (b) Your violation of these Terms

    (c) Your violation of any third-party rights

    (d) Business decisions made based on Service output

    (e) Any User Content you submit

    10.ACCEPTABLE USE

    You agree not to:

    (a) Use the Service for any unlawful purpose

    (b) Submit false, misleading, or fraudulent data

    (c) Attempt to gain unauthorized access to any part of the Service

    (d) Interfere with the proper functioning of the Service

    (e) Use automated means to access the Service without permission

    (f) Share your account credentials with third parties

    (g) Use the Service to harm or defraud others

    11.DATA AND PRIVACY

    Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

    12.TERMINATION

    12.1 By You

    You may terminate your account at any time by following the cancellation procedures in your account settings.

    12.2 By Us

    We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice.

    12.3 Effect of Termination

    Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination shall survive, including Sections 5, 6, 7, 8, 9, and 13.

    13.GOVERNING LAW AND DISPUTE RESOLUTION

    13.1 Governing Law

    These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

    13.2 Jurisdiction

    Any legal action or proceeding arising out of these Terms shall be brought exclusively in the state or federal courts located in Florida, and you consent to the personal jurisdiction of such courts.

    13.3 Informal Resolution

    Before initiating formal dispute resolution, you agree to contact us to attempt to resolve any dispute informally.

    13.4 Class Action Waiver

    YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

    14.GENERAL PROVISIONS

    14.1 Entire Agreement

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

    14.2 Severability

    If any provision of these Terms is found unenforceable, the remaining provisions shall continue in effect.

    14.3 Waiver

    Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

    14.4 Assignment

    You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.

    14.5 Notices

    We may provide notices to you via email or through the Service. Notices to us should be sent to the contact information below.

    14.6 Modifications

    We reserve the right to modify these Terms at any time. Material changes will be communicated via email or notice within the Service. Continued use after changes constitutes acceptance.

    15.CONTACT INFORMATION

    data@kixik.tech

    Kixik Technologies LLC

    Florida, United States

    For questions about these Terms, please contact us through the Service or at the contact information provided on our website.

    BY USING PROFITORACLE by KIXIK, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

    This Terms of Service was last updated on December 30, 2026.

    Kixik Technologies

    © 2026 Kixik Technologies LLC. All rights reserved.