Terms & Conditions

1. INTRODUCTION. These Terms of Use (“Terms of Use”) constitute a legally binding agreement between you and Fractional Insights, LLC (“Company,” “we,” or “us”). By accessing, browsing, or using the website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these terms, you must immediately cease using the website. Continued use of the website following any changes to these Terms of Use signifies your acceptance of those changes. Please note that these Terms of Use include a binding arbitration provision, which affects your legal rights. We reserve the right to make material changes to these Terms of Use  at any time, and it is your responsibility to review them regularly.

 

1. PARTIES.  The term “you” or “your” refers to any user, purchaser, or visitor of www.fractionalinsights.ai and all child pages (“the Website”), including any content. By using this Website, you agree that you are at least 18 years old or of legal age in your applicable jurisdiction and eligible to form a binding contract with the Company.  Collectively, you and Company will be referred to as “the Parties.”

 

1. ACCEPTANCE OF TERMS OF USE. The Terms of Use are legally binding and it is your responsibility to read them before you begin to use the Website. By using and/or visiting this Website you accept and agree to be bound and abide by these Terms of Use and Privacy Policy available at [https://www.fractionalinsights.com/privacy-policy], which is incorporated herein by reference.

 

1. MODIFICATIONS TO THE TERMS OF USE. We reserve the right to update or change the Terms of Use at any time in our sole discretion. All changes are effective immediately once posted to the Website and apply to all access to and use of the Website thereafter. We will notify you of any changes by posting the new Terms of Use on our Website and updating the “last modified” date at the top of this page. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes. Your continued use posting of revised of the Website following the Terms of Use means that you accept and agree to the changes.

 

1. PRIVACY. You agree that all information you provide to register with this Website, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy available at [https://www.fractionalinsights.com/privacy-policy], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.  This includes information related to our AI-powered services, data analytics, and professional consulting services.

 

1. ACCESS AND USE OF WEBSITE. Company reserves the right to modify or discontinue the Website, or any part thereof, temporarily or permanently, with or without notice. You agree that Company will not be liable if for any reason all or any part of the Website are unavailable at any time or for any period. 

 

1. USER ACCOUNT. If you are provided with a username, password or any other account information, you must treat such information as confidential. You may not provide your username, password or other account information to another person or provide any other person with access to the Website using your username, password, or other security information. You agree to notify us immediately of any authorized access to or use of your account, username or password. You agree to exit your account at the end of each session and exercise caution when accessing an account from a public or shared computer so that others are not able to view or record your personal information. 

 

1. INTELLECTUAL PROPERTY RIGHTS. All content and features on the Website, including but not limited to information, software, images, text, designs, graphics, video, audio, AI-related content, research materials, and the arrangement thereof, are owned by the Company, its licensors or other providers of such material, and are protected by copyright, patent, trademark, trade secret and other intellectual property or proprietary rights laws.  The Company name, including those of Fractional Insights, trademarks, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its licensors. You may not use such trademarks or other intellectual property belonging to the Company without the prior written consent of the Company. 

 

1. WEBSITE FOR PERSONAL USE. The Website are solely for personal and non-commercial use. You may not use the content or other materials for any commercial purpose or for any noncommercial or commercial public display. 

 

1. NO REPRODUCTION. You may not reproduce, distribute, modify, create derivative works of, republish, transmit, sell, resell, or exploit any of the material on the Website, except and only except as follows: i) You may print or download one copy of a reasonable number of pages of the Website solely for your own personal, non-commercial use; ii) If Company provides desktop, mobile or other applications for download you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.

 

1. COPYRIGHT INFRINGEMENT NOTICE. If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Fractional Insights LLC of your claim at info@fractionalinsights.ai, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). To be effective your notification must be in writing and include the following information:

   1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

   2. Identification of the copyrighted work that you claim has been infringed;

   3. A description of where the material that you claim is infringing is located on the Website, with enough detail that we may find it on the Website;

   4. Your address, telephone number and email address;

   5. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on behalf of the owner. 

 

1. REPEAT INFRINGER POLICY. In accordance with the DMCA and other applicable law, the Company has a policy of terminating the user accounts of repeat infringers. We may also at our sole discretion limit access to the Website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

1. USER CONTRIBUTIONS. By submitting a comment, photo, video, data analytics, research contributions, feedback, or other materials onto our Website, you grant us a non-revocable, perpetual, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. This includes using your contributions for AI training, research, and service improvement. You retain ownership of your content, but you agree that we may use it as described without any compensation to you. We reserve the right to remove or refuse to post any content that violates these Terms of Use or is otherwise objectionable. You also agree that any client data and feedback provided to Fractional Insights may be used for the purpose of improving our services, conducting research, and enhancing user experience, while ensuring compliance with our Privacy Policy. 

 

1. THIRD PARTY WEBSITE LINKS. If Company, its Website provide links to other sites and resources provided by third parties, including links in advertisements or sponsored links, these links are provided solely for your convenience. Company cannot control the contents of third party websites and if you choose to access third party websites you do so at your own risk. Company is not responsible for and does not endorse such third party sites. You agree that Company will not be liable for any loss or damage that may arise from your use of them. 

 

1.  USER CONDUCT AND CONTRIBUTIONS. These User Conduct Standards apply to all use of the Website, including all comments, code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other material (“User Content”) that you upload, publish, email or display via the Website. You are solely responsible for all User Content that you upload, publish, email or display on the Website. User Content must comply with all applicable federal, state, local, and international laws and regulations. User Content must not: i) Infringe on any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity; ii) Contain software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or pose or create a privacy or security risk to any person; iii) Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; iv) Contain any material that is defamatory, obscene, indecent, pornographic, vulgar, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; v) Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy any other person; vi) Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; vii) Solicit personal information from anyone; viii) Promote any illegal activity or unlawful act; ix) Impersonate any person or entity, or misrepresent your identity or affiliation with any person or organization; x) Harvest or collect email addresses or other contact information of other users from the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; xi) Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. The Company reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in its sole discretion, it determines violates this Terms of Use. The Company is not responsible for User Content nor does it endorse any opinion contained in any User Content. You will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind (including attorney’s fees) arising out of any claims related to your User Content. 

 

1. WEBSITE MONITORING / ENFORCEMENT. We have the right to monitor User Content and to remove or refuse to post any User Content for any or no reason in our sole discretion. We have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or User Content. 

 

1. TERMINATION. We have the right to terminate or suspend your access to the Website for any or no reason including without limitation, any violation of these Terms of Use. 

 

1. GENERAL DISCLAIMER. To the fullest extent permitted by law, we expressly disclaim any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of contracts; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website or that the Website will otherwise meet your needs or expectations. Neither the Company nor anyone associated with the Company warrants that the Website, its related content, or any services obtained through the Website will be error-free, accurate, reliable, or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free from viruses or other harmful components. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. Website are for informational/educational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company shall not be liable for any and all liability arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We are not medical, legal, financial or other professionals, or if we are, we are not acting in any professional capacity, including medical, legal, financial or otherwise. Nothing on this Website should be construed as medical, legal, or financial advice. 

 

1. WARRANTIES DISCLAIMER. Your use of this Website, its content, or items obtained through the Website is at your own risk. The Website, its content, or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. 

 

1. THIRD PARTY DISCLAIMER. We are not liable for any defamatory, offensive or illegal conduct of any third parties. To the fullest extent permitted by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of the website or any services or items obtained through the Website. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and will not be responsible for them or any loss that may result from their use.

 

1. ASSUMPTION OF RISK. By accessing the Website and related material, whether paid or unpaid, you assume the risk of your access and any subsequent actions you choose to take as a result of the informational or educational materials provided to you. 

 

1. INDEMNITY AND RELEASE. You agree to indemnify, defend and hold harmless Company, its affiliates, employees, agents, licensors, and service providers from and against any and all third party suits, claims, demands, causes of action, liabilities, damages, judgments, losses, costs and expenses, including reasonable legal expenses and attorney’s fees arising out of (i) your use of the Website, including but not limited to your User Content, any use of the Website’s content and products other than as expressly authorized in these Terms of Use, (ii) your use of any of the information obtained from the Website, (iii) your breach of applicable laws, or (iv) any claim or demand that your use of the Website violates any applicable law or regulation, or the patents, copyrights, trademark rights, personality, publicity, or other rights of any third party. 

 

1. LIMITATION ON LIABILITY. You understand and agree that, to the maximum extent permitted by applicable law, the Company will not be liable for any direct, indirect, incidental, special, punitive or consequential loss or damage incurred by you or others in connection with our Website, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of contracts; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. in no event shall the total cumulative liability of Company under the agreement exceed US$100. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. 

 

1. COMPLIANCE WITH LAWS. Company is committed to conducting its business in accordance with all applicable federal, state, local, and international laws and regulations, including but not limited to data protection laws, intellectual property laws, and export control regulations. The Website are operated from the United States, and Company makes no representation that the Website are appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own risk and are responsible for compliance with local law. You agree that in using the Website, you will comply with all applicable laws, regulations, and industry standards. This includes, without limitation, laws relating to the export of data or software, privacy and data protection, intellectual property rights, defamation, obscenity, and rights of publicity. You acknowledge that the transfer, processing, and storage of certain data may be subject to specific regulatory requirements, and you agree to comply with such requirements as they relate to your use of the Website. You further agree not to use the Website for any unlawful purpose or in any way that could damage, disable, overburden or impair the Website or interfere with any other party's use of the Website. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Violation of this provision may result in termination of your access to the Website.

 

1. FORCE MAJEURE. Neither party shall be liable for any failure or delay in the performance of its obligations under this Agreement to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, earthquakes, fires, floods, severe weather events, explosions, war, invasion, hostilities, terrorist threats or acts, riots or other civil unrest, government order or law, actions or restrictions of government authorities, embargoes or blockades, national or regional emergencies, epidemics, pandemics, widespread infectious diseases, power, telecommunications or Internet failures, cyber attacks, hacking, computer viruses, or other similar events that are beyond the reasonable control of the affected party ("Force Majeure Event"). The party affected by a Force Majeure Event shall: (i) provide prompt written notice to the other party of the nature and extent of any such Force Majeure Event; (ii) use commercially reasonable efforts to minimize the impact of such Force Majeure Event and resume performance as soon as reasonably practicable; and (iii) keep the other party informed of the progress in resolving the Force Majeure Event. If a Force Majeure Event continues for a period exceeding ninety (90) consecutive days, either party may terminate this Agreement upon written notice to the other party without liability, penalty, or further obligation. Notwithstanding the foregoing, any payment obligations incurred prior to the Force Majeure Event shall remain in effect. This provision shall not excuse a party's payment obligations or other obligations that accrued prior to the Force Majeure Event.

 

1. SEVERABILITY. If any portion of this Terms of Use is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force. 

 

1. ENTIRE AGREEMENT. This Agreement constitutes the final, exclusive Agreement between you and Company regarding the use and access of the Website. All earlier and contemporaneous agreements, negotiations, understandings, representations and warranties between the you and Company regarding the Website are expressly merged into and superseded by this Agreement. 

 

1. CONTACT. This Website is operated by Fractional Insights LLC, 6901 Mission Ridge, Traverse City, Michigan, 49686. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@fractionalinsights. ai.

2. LIMITATION ON TIME TO FILE CLAIMS. Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues; otherwise such cause of action or claim is permanently barred. 

 

1. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule.

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BINDING ARBITRATION, VENUE AND CHOICE OF LAW. Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, including the applicability and/or enforceability of this binding arbitration provision, shall be settled exclusively by binding and non-appealable arbitration administered by the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The number of arbitrators shall be three. The place of arbitration shall be Traverse City, Michigan. Michigan law shall apply. Each party shall pay its own proportionate share of arbitrator fees and the arbitration fees and expenses of the American Arbitration Association. This binding arbitration will be the Parties’ sole remedy in the event of a dispute between the Parties. The Parties waive their right to lead or participate in any lawsuit, including a class action lawsuit.