Terms of Use

1. The Services

KYSB prepares written intelligence reports about Texas businesses.

Each report compiles information already published by third parties. Depending on the business, this may include customer reviews and ratings from platforms such as Google, Yelp, TripAdvisor and Facebook; Better Business Bureau records; registers maintained by the Texas Comptroller of Public Accounts, the Texas Alcoholic Beverage Commission, the Texas Department of Licensing and Regulation and other state agencies; county appraisal district and municipal permit records; federal registers; United States Census and Bureau of Labor Statistics figures; and the business's own website, domain records and online listings.

We organize that information, check it for internal consistency where we are able to, and present it together with our analysis. We identify within each report which sources were consulted, which returned information, and which could not be read on that occasion.

You choose which business each report covers. It may be your own business or any other business.

2. What the Services are not

We are not the source of the information. The material in a report originates with third parties. We do not create it and we do not control it. Except where a report states otherwise, we do not independently verify it.

Reports are not professional advice. Nothing in a report constitutes legal, financial, tax, accounting, investment, real estate, employment or other professional advice. Reports are informational. Any decision you take after reading one is yours alone, and you should obtain professional advice appropriate to your circumstances before acting on anything material.

We do not warrant accuracy or completeness. Public sources contain errors, omissions and outdated entries. Government registers publish on a delay. Review platforms change what they disclose and to whom. A report describes what its sources returned on the date it was prepared. You should independently verify anything you intend to rely on.

Reports contain statements made by other people. Customer reviews are the opinions of the customers who wrote them. Where a report describes such a statement, it describes what a person said and does not adopt that statement as our own. We attribute such statements and, where a claim rests on a single account, we say so.

Reports do not predict outcomes.Historical and current information is not a forecast. Nothing in a report is a representation about a business's future performance, solvency, conduct or prospects.

3. Accounts and access

Accounts are created by us for clients. We do not offer self-service registration.

Authentication is by emailed sign-in link rather than a password. You are responsible for maintaining the security of the email account associated with your KYSB account and for all activity conducted through your account. Tell us promptly if you believe your account has been accessed without your authorization.

You may not share your sign-in link, and you may not permit any person outside your business to access your account.

We may suspend or close an account that is inactive, that is used in breach of these Terms, or where an engagement has ended.

4. Client confidentiality

Your reports are yours. We do not publish, sell, license or provide the reports we prepare for you to any other person except at your instruction or as Section 6 of our Privacy Policy requires. We review reports internally for quality assurance, customer support and product improvement.

We do not research our clients on behalf of other clients. For as long as your engagement with KYSB is active, we will not prepare a report on your business at the request of another client. This protection applies to the business identified in your engagement and ends when that engagement ends.

Where we decline a request for this reason, we will decline without stating a reason, so that the existence of a client relationship is not disclosed.

The limits of these commitments. The information contained in our reports is public. It is published by third parties, and any person may obtain it independently of us, including any person who wishes to learn about your business. We cannot make public information private and we do not represent that we can. What Section 4 governs is our own conduct.

5. Fees, engagements and delivery

Fees are quoted at the time of purchase and are payable in advance. Payment is processed by Stripe, Inc. We do not receive or store payment card details.

Single report. One report on a business of your choosing. The engagement concludes on delivery.

Quarterly engagement. Three individual business reports and one comparison report, which may be requested at any time within the three-month period.

Annual engagement. Fifteen individual business reports and four comparison reports, which may be requested at any time within the twelve-month period.

Custom engagements. We may agree a different scope and fee in writing. Where we do, that agreement governs the scope and fee and these Terms govern everything else.

Reports included in a term engagement do not carry forward beyond the end of that engagement and are not exchangeable for a refund. We prepare each report after you request it; a report is not prepared in advance.

We aim to deliver a first report within a few business days of receiving the information we need from you. Delivery times are estimates and not guarantees.

6. Refunds

If we are unable to deliver a report you have paid for, we will refund the amount attributable to that report.

If a report is delivered and you consider it deficient, contact us within thirty days. We will correct it, prepare a replacement, or issue a refund, at our discretion.

We do not refund a delivered report on the ground that its contents were unwelcome. A report that accurately describes an unfavorable public record has been delivered as promised.

7. Ending an engagement

You may end an engagement at any time by notifying us. We may end an engagement at any time; where we do so other than for your breach of these Terms, we will refund the amount attributable to any undelivered reports.

Following the end of an engagement, your account and the reports within it remain accessible for ninety days, after which they are deleted. You should download anything you wish to retain before that period expires.

8. Acceptable use

You may use reports for your own business purposes, including circulating them within your business and providing them to your own professional advisers under their duties of confidence.

You may not:

• republish a report, in whole or in substantial part, to the public;
• resell, sublicense or commercially redistribute a report;
• represent a report, or its analysis, as your own work;
• use a report to harass, threaten, defame or intimidate any business or person;
• use the Services to compile information about an individual rather than about a business;
• use the Services to make decisions about a person's eligibility for credit, insurance, employment, housing or any other purpose regulated by the Fair Credit Reporting Act. We are not a consumer reporting agency, our reports are not consumer reports, and they may not be used as such;
• access the Services by automated means, or attempt to circumvent any technical or access control;
• attempt to identify other clients of KYSB.

We may suspend or terminate your access, without refund, for breach of this Section.

9. Report sharing links

We may issue a link that opens a specific report without requiring a sign-in, for example so that a report may be provided to a prospective client. Such links expire thirty days after issue and grant access to one report only.

If you receive such a link, the terms of Section 8 apply to your use of the report it contains.

10. Intellectual property

We own the reports we prepare, including their structure, selection and arrangement of information, analysis and wording, and all intellectual property in the Site and the Services.

On payment, you receive a perpetual, worldwide, non-exclusive, non-transferable license to use each report you have purchased for your own business purposes, subject to Section 8.

The underlying facts within a report are not owned by anyone. Third-party content quoted within a report remains the property of its author. We quote such content sparingly and attribute it.

11. Disclaimers and limitation of liability

Disclaimer.Except as expressly stated in these Terms, the Services are provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Services will be uninterrupted, error-free or that any report will be accurate or complete.

Limitation. To the fullest extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the Services, whether in contract, tort, strict liability or otherwise, will not exceed the total amount you paid us in the twelve months preceding the event giving rise to the claim.

Exclusion. To the fullest extent permitted by law, we will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages, or for lost profits, lost revenue, lost business, lost opportunity, lost goodwill or loss of data, whether or not we were advised that such damages were possible and whether or not such damages were foreseeable.

Basis of the bargain. The limitations in this Section reflect the allocation of risk between us and form an essential basis of this agreement. They apply even if a limited remedy fails of its essential purpose.

Exceptions. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

12. Indemnification

You will indemnify, defend and hold harmless High-Key Adventures LLC, its members, officers, employees and contractors against any claim, demand, loss, liability, damage, cost or expense, including reasonable attorneys' fees, arising out of or relating to your use of a report or the Services in a manner these Terms do not permit, or your breach of these Terms.

13. Third-party services and links

The Services rely on third-party providers, and reports may contain links to third-party websites and records. We are not responsible for the content, availability, accuracy or practices of any third party. Your dealings with a third party are between you and that third party.

14. Governing law and venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles.

Any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Fort Bend County, Texas. You and we each consent to the personal jurisdiction of those courts and waive any objection to venue there.

15. General

Entire agreement. These Terms, together with our Privacy Policy and any written custom engagement agreement, constitute the entire agreement between us regarding the Services and supersede any prior understanding.

Severability. If any provision is held unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will continue in full force.

No waiver. Our failure to enforce a provision is not a waiver of it.

Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including the unavailability, modification or discontinuation of any third-party data source.

Independent contractor. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.

Survival. Sections 2, 4, 8, 10, 11, 12, 14 and 15 survive termination.

16. Changes to these Terms

We may modify these Terms. Where we do, we will post the revised Terms with a new effective date. Where the changes are material, we will notify clients with an active engagement by email. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.

17. Contact

High-Key Adventures LLC
d/b/a Know Your Small Business
4610 Summer Lakes Drive
Sugar Land, Texas 77479

Contact form: knowyoursmallbusiness.com/contact