1AGREEMENT AND SCOPE
These Terms of Use ("Terms") govern your access to and use of the SideKix mobile applications, websites, Kix artificial intelligence features, Journey Maps, Discovery resources, Community features, Live Rooms, Squads, Advisor services, appointments, messaging, events, gamification, rewards, promotions, and any other products, content, features, or services that Character Limit LLC, a North Carolina limited liability company doing business as SideKix ("SideKix," "Company," "we," "our," or "us"), makes available now or in the future (collectively, the "Services").
These Terms are designed to govern the full SideKix platform. Some Services described in these Terms may not be available at launch, may be introduced in phases, may be offered only to certain users, plans, locations, or devices, or may later be modified or discontinued. A provision relating to a particular feature applies only when you access, purchase, participate in, or use that feature.
By creating an account, purchasing or using a Service, clicking to accept these Terms, or otherwise accessing SideKix, you agree to be bound by these Terms and any policies expressly incorporated into them. If you do not agree, do not access or use the Services.
IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE REVIEW SECTION 30 CAREFULLY.
Back to top2ELIGIBILITY AND UNITED STATES AVAILABILITY
You must be at least eighteen (18) years old and legally capable of entering into a binding contract to create an account or use the Services. By using SideKix, you represent and warrant that you satisfy these requirements.
The Services are currently intended for users in the United States unless SideKix expressly makes a Service available elsewhere. If you access the Services from another jurisdiction, you do so on your own initiative and are responsible for compliance with applicable law.
You represent that you are not prohibited from using the Services under applicable law, are not subject to sanctions or restrictions that would make your use unlawful, and have not previously been permanently removed from SideKix unless we have expressly authorized your return.
If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms.
Back to top3ACCOUNTS AND ACCOUNT SECURITY
You may be required to create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for activity occurring through your account.
You may not sell, transfer, share, or permit another person to use your account except where SideKix expressly allows account delegation or organizational access.
You must promptly notify us at support@sidekixhq.com if you believe your account, credentials, or payment information has been compromised.
Unless SideKix expressly permits otherwise, each individual may maintain only one personal account. You agree to keep your account information reasonably current and to use the current supported version of the Services where required for security or functionality.
Back to top4KIX AND ARTIFICIAL INTELLIGENCE SERVICES
Kix and other SideKix features may use artificial intelligence, machine learning, automated reasoning, retrieval-augmented generation ("RAG"), memory or personalization systems, third-party models, voice technologies, automated workflows, and other computational systems.
AI-generated or AI-assisted outputs ("AI Outputs") may include ideas, summaries, recommendations, action steps, Journey Map milestones, prioritization, educational explanations, drafts, resource suggestions, motivational or behavioral prompts, advisor suggestions, introductions, or other content.
AI Outputs are generated automatically and may be inaccurate, incomplete, outdated, biased, misleading, inappropriate, or unsuitable for your circumstances. They may omit relevant facts or misunderstand your request. SideKix does not warrant that AI Outputs are correct, complete, lawful for your situation, or fit for any particular purpose.
You are responsible for independently evaluating and verifying AI Outputs before relying on them. SideKix does not make decisions for you, and you remain responsible for your choices, actions, business decisions, filings, communications, purchases, and outcomes.
Back to top5NO PROFESSIONAL ADVICE; EARNINGS, FINANCIAL RESULTS AND BUSINESS OUTCOMES
SideKix is designed to provide navigation, education, organization, support, ideas, and access to resources. Unless expressly stated otherwise, SideKix, Kix, SideKix employees, automated systems, educational content, Community content, Advisors, event speakers, sponsors, partners, advertisers, and other contributors are not providing legal, tax, accounting, investment, securities, medical, mental-health, or other licensed professional advice.
You should consult an appropriately qualified professional when professional advice is needed and independently evaluate information before making material business, financial, legal, employment, or other decisions.
Business and entrepreneurial activities involve substantial risk. SideKix does not guarantee that you will start or sustain a business, obtain funding or investment, generate revenue or earnings, secure customers, achieve any valuation, reduce costs, obtain regulatory approval, reach profitability, achieve growth, reach a milestone, obtain employment, or achieve any other financial, professional, or business result. Your results may differ materially based on your skills, experience, effort, decisions, resources, market conditions, competition, timing, economic conditions, and other factors within and outside your control.
Any revenue figures, earnings statements, financial projections, valuations, growth estimates, funding expectations, customer projections, cost savings, market opportunities, pricing suggestions, forecasts, scenarios, calculations, testimonials, case studies, success stories, or other financial or business-performance information presented through the Services may be hypothetical, illustrative, estimated, based on assumptions, or based on the experience of a particular person or business. They are not promises, representations, or guarantees of what you will or are likely to achieve. Past performance is not indicative of future results.
Kix and other SideKix AI features may generate estimates, forecasts, scenarios, calculations, pricing suggestions, market assumptions, revenue projections, cost estimates, funding scenarios, or other business or financial information. AI-generated information may be inaccurate, incomplete, outdated, hypothetical, or based on assumptions that do not occur. It is not a guarantee, promise, investment recommendation, financial advice, or representation regarding future performance.
Statements, testimonials, reviews, examples, or claims made by Members, Advisors, Community participants, speakers, sponsors, partners, advertisers, or other third parties reflect their own experiences or views unless SideKix expressly states otherwise. SideKix does not guarantee or adopt those statements merely because they appear through the Services.
You are responsible for your own due diligence, independent judgment, professional consultation where appropriate, and decisions regarding your business, finances, employment, purchases, investments, contracts, filings, or other activities.
Back to top6JOURNEY MAPS, ACTION PLANS, DISCOVERY AND EDUCATIONAL CONTENT
SideKix may provide Journey Maps, milestones, action items, assessments, training, curated resources, templates, checklists, educational materials, recommendations, and other planning or Discovery features.
These materials are informational and organizational tools. They are not guarantees that the identified sequence is complete, legally compliant, optimal, or appropriate for every user, business, industry, or location.
You are responsible for determining which steps apply to you, obtaining professional advice where appropriate, and complying with laws, licenses, permits, taxes, contracts, and other obligations applicable to your activities.
Back to top7ADVISORS, APPOINTMENTS AND INTRODUCTIONS
If and when Advisor services are offered, SideKix may enable users to discover, communicate with, schedule, or purchase sessions with independent Advisors.
Unless SideKix expressly states otherwise in writing, Advisors are independent providers and are not employees, agents, fiduciaries, attorneys, accountants, financial advisers, or representatives authorized to bind SideKix. SideKix provides technology and marketplace functionality that facilitates connections.
Advisor profiles, credentials, experience, ratings, content, and statements may be provided by the Advisor or third parties. SideKix may perform screening or verification, but does not guarantee an Advisor's qualifications, accuracy, availability, conduct, advice, or results.
Users are responsible for evaluating whether an Advisor is appropriate for their needs. Advisors are responsible for the services and content they provide and for complying with their separate Advisor Agreement and applicable law.
SideKix may recommend or introduce Advisors based on information available to the Services. An introduction or recommendation does not constitute an endorsement, guarantee, or professional referral.
Back to top8ADVISOR APPOINTMENT CANCELLATIONS AND NO-SHOWS
If Advisor appointments are offered, the price, duration, cancellation window, refund eligibility, and other material booking terms will be disclosed at or before booking.
Unless a different rule is disclosed for a particular appointment, a user must cancel or reschedule at least twenty-four (24) hours before the scheduled start time to receive any refund otherwise available for that appointment. Late cancellations and no-shows may be non-refundable.
If an Advisor cancels or SideKix cannot provide the purchased appointment, SideKix may offer a rescheduled appointment, account credit, Kix Credits, or a refund as appropriate and subject to applicable law.
Repeated no-shows, abusive booking behavior, payment disputes, or misuse of scheduling features may result in booking restrictions or account action. Any specific administrative fee must be disclosed before it is charged.
Back to top9COMMUNITY, LIVE ROOMS, SQUADS AND MESSAGING
If and when Community features are offered, SideKix may provide public or private rooms, Live Rooms, Squads, direct or group messaging, comments, reactions, profiles, posts, AMAs, spotlights, or similar interactive features.
You are responsible for what you post, say, transmit, display, or share. Do not assume that information shared with other users is confidential. Live Rooms or other ephemeral features may not display a persistent history to users, but technical, safety, moderation, legal, or operational records may still be created or retained as described in the Privacy Policy.
You may not harass, threaten, exploit, impersonate, discriminate against, defraud, stalk, dox, or unlawfully target another person; post illegal or infringing content; facilitate dangerous or unlawful conduct; manipulate platform systems; or use Community features for unauthorized solicitation or spam.
SideKix may moderate, restrict, remove, preserve, or disclose content where permitted or required by law or reasonably necessary to operate, protect, or enforce the Services. SideKix does not guarantee that all content will be reviewed before it appears.
Back to top10USER CONTENT AND CONTRIBUTIONS
"User Content" means content you submit, upload, post, transmit, record, or otherwise make available through the Services, including text, images, audio, video, files, messages, posts, comments, reviews, feedback, business information, and other materials.
As between you and SideKix, you retain ownership of your User Content and any intellectual property rights you hold in it.
You grant SideKix a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display, format, adapt, and otherwise use User Content as reasonably necessary to provide, secure, moderate, improve, personalize, and operate the Services and to comply with law. This license does not give SideKix ownership of your underlying business ideas.
For content you intentionally make public or submit for promotional use, you additionally grant SideKix the right to display and distribute that content within the Services and in connection with the feature for which you submitted it, subject to applicable law and any separate release.
You represent that you have the rights necessary to submit User Content and that doing so does not violate law or third-party rights.
Back to top11PRIVATE INFORMATION, BUSINESS IDEAS AND CONFIDENTIALITY
SideKix does not claim ownership of your business ideas merely because you discuss them with Kix, SideKix personnel, an Advisor, or other features of the Services.
However, the Services are not a substitute for a negotiated nondisclosure agreement. Unless SideKix expressly agrees in a separate written agreement, submitting information to SideKix does not create an attorney-client relationship, fiduciary duty, trade-secret escrow, or special confidentiality obligation beyond these Terms, the Privacy Policy, applicable law, and any feature-specific commitments.
You should use care before sharing highly sensitive, proprietary, regulated, or third-party confidential information. Information you voluntarily share with another user, Advisor, event participant, or public community may be copied or used by that recipient despite SideKix rules.
SideKix may use aggregated or de-identified information to operate, analyze, secure, and improve the Services as described in the Privacy Policy.
Back to top12VOICE, VIDEO, RECORDING AND TRANSCRIPTION
Certain Services may allow voice conversations, video calls, recordings, speech-to-text transcription, summaries, or other audio/video processing.
Where recording or transcription occurs, SideKix will provide notice or obtain consent as required by applicable law. By choosing to use a feature after receiving the applicable notice, you consent to the processing necessary to provide that feature.
You must not record another person through SideKix in violation of applicable law or without any consent legally required from that person.
Recordings, transcripts, summaries, and related data may contain errors. They are subject to the Privacy Policy and any feature-specific retention disclosures.
Back to top13EVENTS
If and when SideKix offers in-person, virtual, streamed, recorded, or Advisor-led events, additional event terms disclosed at registration will apply.
Event registration may be limited by age, location, capacity, membership plan, invitation status, or other eligibility criteria. You are responsible for providing accurate registration information and complying with venue, host, safety, conduct, and technical requirements.
Unless otherwise disclosed, event tickets are personal, may not be resold above face value, and may not be transferred through unauthorized resale channels. SideKix may require identity or ticket verification.
If SideKix cancels a paid event without providing a replacement, SideKix may provide a refund or equivalent credit as required by applicable law or disclosed event terms. If an event is postponed, tickets may remain valid for the rescheduled event. User-initiated cancellation and refund rights will be disclosed at purchase.
For in-person events, you voluntarily assume ordinary risks associated with travel, attendance, crowds, facilities, food, activities, and interaction with other attendees, except to the extent liability cannot be waived by law.
Events may be photographed, recorded, streamed, or otherwise documented. Any material media release beyond incidental event capture will be presented as required by law or applicable registration terms.
Back to top14GAMIFICATION, BADGES, LEVELS, REWARDS AND PROMOTIONS
SideKix may provide points, badges, levels, streaks, achievements, status indicators, leaderboards, rewards, promotional benefits, or other gamification features.
Unless expressly stated otherwise, these features have no cash value, are not property, may not be sold or transferred, and may be changed, reset, revoked, or discontinued.
SideKix may correct errors, reverse rewards obtained through manipulation or abuse, and establish additional rules for particular promotions, contests, grants, referral programs, or sponsored benefits.
A badge, level, score, assessment, or other platform indicator is not a professional credential, certification, guarantee of competence, or promise of results.
Back to top15ACCEPTABLE USE AND PROHIBITED ACTIVITIES
You may use the Services only for lawful purposes and in accordance with these Terms.
You may not:
- violate applicable law or the rights of another person;
- impersonate another person or misrepresent your affiliation;
- use the Services for fraud, deception, harassment, threats, exploitation, unlawful discrimination, or illegal transactions;
- upload malware or attempt to disrupt, overload, damage, or interfere with the Services;
- bypass access controls, usage limits, payment controls, safety controls, or technical restrictions;
- scrape, harvest, crawl, or systematically extract data except as expressly permitted by SideKix;
- use automated means to create accounts, send spam, manipulate engagement, or abuse promotions;
- reverse engineer, decompile, or attempt to derive non-public source code except to the extent such restriction is prohibited by law;
- use non-public SideKix information, confidential system details, or unauthorized access to build or materially assist an infringing or unlawfully obtained competing product;
- infringe intellectual property, privacy, publicity, confidentiality, or other rights;
- access or attempt to access another user's account, private data, communications, Kix memory, Journey Map, or other protected information; or
- use the Services in a manner that subjects SideKix to specialized regulatory obligations that SideKix has not expressly agreed to support.
Good-faith security research conducted strictly in accordance with SideKix's then-current Responsible Disclosure Policy is not prohibited by the security-testing restrictions in these Terms. Nothing in these Terms authorizes testing of third-party systems or access to another person's data.
Back to top16MOBILE APPLICATION LICENSE
Subject to these Terms, SideKix grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the SideKix application on devices you own or control for your personal or authorized business use.
Except as permitted by law or these Terms, you may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, create derivative works from, or commercially exploit the application or SideKix technology.
If you download the application through Apple App Store or Google Play, the applicable marketplace terms may also apply. Apple and Google are not responsible for providing the SideKix Services except as required by their own platform terms.
Back to top17SIDEKIX INTELLECTUAL PROPERTY
The Services, including SideKix and Kix names and branding, software, source and object code, interfaces, designs, graphics, workflows, non-public system architecture, Journey Map structures, scoring systems, sequencing logic, training materials, documentation, and other content created by or for SideKix are owned by or licensed to SideKix and are protected by intellectual property laws.
These Terms do not transfer ownership of SideKix intellectual property to you.
You may use SideKix materials only as permitted through the Services or with our written permission. You may not remove proprietary notices, falsely claim ownership, or use SideKix trademarks in a way that suggests sponsorship or endorsement without permission.
Nothing in these Terms prevents you from independently creating or operating a business, offering consulting or advisory services, or using general ideas, skills, or knowledge that are not SideKix confidential information or protected intellectual property.
Back to top18FEEDBACK AND SUBMISSIONS
If you voluntarily provide feedback, suggestions, feature requests, bug reports, or ideas about improving SideKix ("Feedback"), you grant SideKix a perpetual, irrevocable, worldwide, royalty-free right to use, modify, commercialize, and incorporate that Feedback without restriction or compensation.
This Feedback provision does not transfer ownership of a business idea or venture merely because you use SideKix to work on that business.
Back to top19COPYRIGHT AND INTELLECTUAL PROPERTY COMPLAINTS
SideKix respects intellectual property rights. If you believe content available through the Services infringes your copyright or other intellectual property rights, contact support@sidekixhq.com with sufficient information for us to identify the work, the allegedly infringing material, your contact information, and a statement of your good-faith belief and authority to submit the complaint.
SideKix may remove or restrict allegedly infringing material and may suspend or terminate repeat infringers where appropriate.
Back to top20THIRD-PARTY SERVICES, CONTENT AND INTEGRATIONS
The Services may link to, integrate with, rely on, recommend, or enable transactions with third-party websites, AI providers, payment processors, communication platforms, venues, Advisors, service providers, applications, products, or content.
SideKix does not control third-party services and is not responsible for their availability, security, content, privacy practices, terms, acts, omissions, products, or services. Your use of third-party services may be governed by separate terms and privacy policies.
A link, integration, recommendation, listing, or introduction does not necessarily constitute SideKix's endorsement or guarantee of the third party.
Back to top21SUBSCRIPTIONS, KIX CREDITS, CANCELLATIONS AND REFUNDS
21.1 Paid Services and Subscriptions.
Certain Services may require payment, a subscription, Kix Credits, or other paid access. By purchasing, you authorize SideKix and/or the applicable payment provider to charge the disclosed fees, taxes, and other charges.
21.2 Automatic Renewal.
Unless otherwise disclosed, subscriptions automatically renew for successive billing periods until canceled. You authorize the applicable payment provider to charge the then-applicable subscription price and taxes at renewal. Cancellation stops future renewal charges but ordinarily does not terminate access to the current paid period. Deleting the app or your SideKix account does not automatically cancel a subscription billed through Apple, Google Play, or another third-party billing provider.
21.3 Kix Credits.
SideKix may use credits, usage units, minutes, tokens, or similar units ("Kix Credits") to meter or provide access to AI conversations, voice interactions, messaging, generation, processing, automated workflows, or other usage-based features. Kix Credits may be included with a subscription, purchased separately, or provided through promotions, referrals, sponsorships, grants, rewards, trials, or other programs.
21.4 No Cash Value.
Kix Credits are limited contractual rights to access eligible SideKix Services. They are not money, legal tender, cryptocurrency, stored value, securities, or financial instruments; have no cash value; cannot be redeemed for cash; and may not be sold, transferred, traded, or exchanged unless SideKix expressly permits it.
21.5 Subscription Kix Credits.
Unless otherwise expressly stated at purchase, Kix Credits included with a recurring subscription do not roll over. Unused subscription Kix Credits expire at the end of the applicable billing period, and the allocation resets for the new billing period.
21.6 Purchased Kix Credits.
SideKix may sell additional Kix Credits separately. The price, amount, permitted uses, expiration period, if any, and other material conditions will be disclosed at or before purchase. Any expiration or forfeiture of purchased Kix Credits is subject to applicable law.
21.7 Promotional Credits.
Promotional, complimentary, referral, sponsorship, reward, grant, or trial Kix Credits may have separate eligibility, use, or expiration rules and may be revoked if obtained through fraud, abuse, manipulation, error, or violation of these Terms.
21.8 Changes to Credit Usage.
AI and voice services rely on changing technologies, models, computational resources, and third-party costs. SideKix may prospectively change the number of Kix Credits required for a feature. Kix Credits do not represent or guarantee a fixed number of third-party model tokens, requests, minutes, or computing units unless SideKix expressly states otherwise.
21.9 Exhaustion.
If you exhaust available Kix Credits, metered functionality may be limited until credits renew, you purchase more, you upgrade, or SideKix otherwise provides additional credits. SideKix will not automatically charge for additional Kix Credits unless you expressly authorize an automatic recharge or similar feature.
21.10 Cancellation.
You may cancel through the method associated with your purchase. Unless otherwise required by law or disclosed at purchase, cancellation takes effect at the end of the current paid period and does not entitle you to a prorated refund.
21.11 Effect of Cancellation.
Subscription Kix Credits generally remain usable through the end of the paid period and then expire. Promotional credits may expire under the applicable promotion terms. Purchased Kix Credits remain subject to their disclosed terms and applicable law.
21.12 Refunds.
Except as expressly stated in these Terms, disclosed at purchase, or required by law, payments for subscriptions, Kix Credits, and other paid Services are non-refundable. SideKix may, in its discretion and where permitted by law, provide a refund, service credit, Kix Credits, or other accommodation. Providing one does not require SideKix to do so in another case.
21.13 Apple App Store and Google Play.
Marketplace purchases are processed under the applicable platform's billing rules. Where Apple, Google, or another platform controls cancellation or refund processing, you must use that platform's procedures. SideKix does not control a refund decision made solely by a third-party marketplace.
21.14 Chargebacks and Failed Payments.
If a payment is disputed, charged back, reversed, invalidated, or cannot be processed, SideKix may remove associated benefits or Kix Credits, suspend paid access, cancel a subscription, restrict future purchases, or take reasonable fraud-prevention measures, subject to applicable law.
21.15 Plan Changes.
Upgrades may take effect immediately and may involve prorating or a new billing date. Downgrades generally take effect at the next billing period unless otherwise disclosed. Billing-cycle changes are handled as disclosed during the transaction or by the applicable payment provider.
21.16 Trials, Discounts and Promotions.
Promotional pricing or trials may have separate eligibility, duration, renewal, usage, and expiration conditions. Unless otherwise disclosed, a subscription may renew at the then-current standard price after a promotional period.
21.17 Statutory Rights.
Nothing in these Terms waives cancellation, refund, renewal-notice, withdrawal, disability, death, or other consumer rights that cannot legally be waived.
Back to top22OTHER PURCHASES, MARKETPLACE TRANSACTIONS AND SPONSORED BENEFITS
SideKix may offer one-time purchases, paid resources, event tickets, Advisor sessions, marketplace items, sponsored benefits, discounts, grants, or other transactions.
The price, material restrictions, fulfillment terms, cancellation rules, and refund rules for a transaction may be disclosed at purchase and supplement these Terms. If feature-specific purchase terms conflict with the general subscription rules in Section 21, the feature-specific terms control for that transaction to the extent of the conflict.
Sponsors, partners, grant providers, or benefit providers may impose additional eligibility requirements. SideKix does not guarantee that a sponsor, grant, discount, or third-party benefit will remain available.
Back to top23TAXES
You are responsible for taxes, filings, registrations, reporting, and other obligations arising from your own business activities, earnings, purchases, or receipt of benefits, except for taxes SideKix is legally required to collect, withhold, report, or pay.
SideKix does not provide tax advice.
Back to top24BETA, EARLY ACCESS AND EXPERIMENTAL FEATURES
SideKix may identify certain Services as beta, pilot, preview, experimental, early access, test, or pre-release ("Beta Services").
Beta Services may be incomplete, unstable, changed without notice, contain errors, lose data, or be discontinued. Features, pricing, limits, or functionality available during a Beta Service may differ from the final release.
Your use of Beta Services is voluntary and at your own risk. You should maintain independent copies of information you consider important.
Unless SideKix expressly agrees otherwise, participation in a Beta Service does not create a commitment to release, maintain, or commercialize that feature.
Back to top25PRIVACY AND DATA
SideKix's collection, use, disclosure, retention, deletion, and protection of personal information is described in the SideKix Privacy Policy, which is incorporated into these Terms by reference. The SideKix Cookies & Tracking Technologies Policy supplements the Privacy Policy for cookies, SDKs, pixels, local storage, device and app identifiers, analytics, attribution, and similar technologies.
Different features may involve different categories of information, including account and profile information, messages, Kix and other AI conversations, voice inputs, audio, transcripts, Journey Map information, Discovery or assessment responses, appointment and Advisor information, Community content, event information, device and technical data, usage data, transaction information, and information made available through device permissions.
Certain features may request access to device capabilities or information, such as the microphone, camera, photos or files, notifications, contacts, or location. SideKix will request permissions in connection with relevant functionality and as required by applicable law and platform rules. You may generally deny or later revoke device permissions through your device settings, although a feature that depends on a permission may not function without it. Granting a device permission does not by itself authorize materially different secondary uses of the resulting information.
Kix voice and other communication features may process audio, speech, transcripts, prompts, responses, summaries, conversation context, or related information to provide requested functionality. Authorized AI, speech, cloud, infrastructure, safety, analytics, or other service providers may process information on SideKix's behalf as described in the Privacy Policy and applicable notices. SideKix will provide additional notice or obtain consent where required for materially different uses.
If you allow push notifications, SideKix may send functional notifications relating to requested Services, such as Kix or Journey reminders, Advisor appointments, messages, Community activity, events, and account or security matters. Promotional or direct-marketing push notifications will be subject to applicable consent requirements and available opt-out controls. Push notifications are not required for unrelated core functionality.
If you create an account, SideKix will provide a method to request account deletion consistent with applicable law and applicable app-marketplace requirements. Deleting a SideKix account is different from canceling an auto-renewing subscription. A subscription billed through Apple, Google Play, or another third-party provider may continue until canceled through that provider, even if your SideKix account is deleted. SideKix may retain information after deletion where permitted or required for legal compliance, security, fraud prevention, dispute resolution, transaction records, or enforcement of agreements.
You are responsible for ensuring that information you submit to SideKix may lawfully be provided and processed for the purposes of the Services. The Services are not designed to serve as a system of record for information subject to specialized regulatory regimes such as HIPAA, GLBA, or FISMA unless SideKix expressly agrees otherwise in writing.
Back to top26SERVICE CHANGES, AVAILABILITY AND FEATURE PHASING
SideKix may add, remove, modify, limit, suspend, or discontinue Services or features. Features described in these Terms may launch at different times and may vary by platform, membership, account, location, device, or eligibility.
SideKix does not guarantee uninterrupted or error-free availability. Maintenance, outages, third-party failures, security events, capacity limits, legal requirements, or other circumstances may affect access.
Where a material change affects a paid Service, SideKix will provide any notice, continued access, refund, credit, or other remedy required by applicable law.
Back to top27SUSPENSION AND TERMINATION
You may stop using SideKix at any time and may request deletion of your account using available account controls or other deletion methods described in the Privacy Policy. Account deletion does not automatically cancel a subscription billed through Apple, Google Play, or another third-party billing provider; you must separately cancel that subscription through the applicable provider.
SideKix may warn, restrict, suspend, or terminate access if we reasonably believe you violated these Terms or another applicable policy; created risk or harm; engaged in fraud, abuse, unlawful conduct, chargebacks, or security threats; failed to pay amounts due; or if suspension is reasonably necessary to protect SideKix, users, third parties, or the integrity of the Services.
Where appropriate and legally required, SideKix may provide notice or an opportunity to appeal. Serious safety, fraud, security, legal, or abuse matters may require immediate action.
Provisions that by their nature should survive termination, including intellectual property, payment obligations, disclaimers, limitations of liability, indemnification, dispute resolution, and rights relating to previously submitted content, will survive.
Back to top28DISCLAIMERS OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
SIDEKIX DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
SIDEKIX DOES NOT WARRANT THAT THE SERVICES, KIX, AI OUTPUTS, ADVISOR SERVICES, COMMUNITY CONTENT, EVENTS, THIRD-PARTY SERVICES, JOURNEY MAPS, RECOMMENDATIONS, OR OTHER CONTENT WILL BE ACCURATE, COMPLETE, SECURE, UNINTERRUPTED, ERROR-FREE, OR SUITABLE FOR YOUR PURPOSES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Back to top29LIMITATION OF LIABILITY AND INDEMNIFICATION
29.1 Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIDEKIX AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES; OR DAMAGES ARISING FROM RELIANCE ON AI OUTPUTS, ADVISOR OR COMMUNITY CONTENT, THIRD-PARTY SERVICES, OR BUSINESS DECISIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIDEKIX'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO SIDEKIX FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS ($100).
THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.
29.2 Indemnification.
To the extent permitted by law, you agree to defend, indemnify, and hold harmless SideKix and its members, managers, officers, employees, contractors, affiliates, and service providers from third-party claims, liabilities, damages, losses, and reasonable costs arising from your unlawful use of the Services, your User Content, your violation of these Terms, or your infringement or violation of another person's rights.
SideKix may assume control of the defense of a matter subject to indemnification, and you agree to reasonably cooperate.
Back to top30DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY.
30.1 Informal Resolution.
Before filing arbitration or litigation, you and SideKix agree to make a good-faith effort to resolve the dispute informally. A party seeking relief must send written notice describing the dispute and requested relief. The parties will have at least thirty (30) days after receipt to attempt resolution unless applicable law requires otherwise.
30.2 Binding Arbitration.
Except for disputes that qualify for small claims court and requests for temporary or preliminary injunctive relief concerning intellectual property, unauthorized access, or misuse of the Services, disputes arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration to the extent permitted by law.
30.3 Arbitration Rules.
Arbitration will be administered by the American Arbitration Association ("AAA") under the applicable AAA consumer or commercial rules, as appropriate, unless the parties agree otherwise. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
30.4 Individual Proceedings Only.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND SIDEKIX AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
30.5 Jury Trial Waiver.
To the extent a dispute proceeds in court rather than arbitration, you and SideKix waive trial by jury to the extent permitted by law.
30.6 Opt-Out.
If required for enforceability or provided by SideKix at acceptance, you may opt out of this arbitration agreement by sending written notice to support@sidekixhq.com within thirty (30) days after first accepting these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration does not opt you out of the remainder of these Terms.
30.7 Exceptions and Non-Waivable Rights.
Nothing in this Section prevents either party from bringing an individual action in small claims court where eligible, reporting matters to a government agency, or exercising rights that applicable law does not permit to be waived.
Back to top31GOVERNING LAW AND VENUE
These Terms and any dispute not subject to arbitration are governed by the laws of the State of North Carolina, without regard to conflict-of-laws principles, except to the extent federal law or another non-waivable law applies.
Subject to Section 30 and any non-waivable consumer rights, the state and federal courts located in New Hanover County, North Carolina, or the federal district serving that county, will have exclusive jurisdiction over disputes permitted to proceed in court, and you consent to personal jurisdiction there.
Back to top32ELECTRONIC COMMUNICATIONS AND NOTICES
You consent to receive transactional and legal communications electronically, including through email, in-app messages, account notices, or postings within the Services.
Marketing communications, including promotional push notifications, are subject to applicable law, required consent, and your available communication preferences. You may withdraw marketing preferences through the controls SideKix makes available, without affecting transactional, security, legal, or other non-marketing communications that SideKix may lawfully send.
You are responsible for keeping your account contact information current.
Back to top33CHANGES TO THESE TERMS
SideKix may update these Terms from time to time to reflect changes in the Services, law, security, business practices, or other operational needs.
When required by law, we will provide notice of material changes before they take effect. Otherwise, the updated Terms will be effective when posted or on the stated effective date.
If you continue using the Services after updated Terms become effective, you agree to the updated Terms to the extent permitted by law. If you do not agree to a material update, you must stop using the affected Services and cancel any applicable subscription.
Back to top34MISCELLANEOUS
These Terms, together with the SideKix Privacy Policy and the feature-specific policies, notices, and transaction terms expressly incorporated into or presented under these Terms, including, as applicable, the AI & Journey Map Policy, Community Policy, Purchase & Payment Policy, Discovery & Self Discovery Policy, Event Policy, Cookies & Tracking Technologies Policy, and Responsible Disclosure Policy, constitute the agreement between you and SideKix concerning the Services.
If a feature-specific term conflicts with these Terms, the feature-specific term controls only for that feature or transaction and only to the extent of the conflict.
If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.
SideKix's failure to enforce a provision is not a waiver. You may not assign these Terms without SideKix's consent, but SideKix may assign them in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.
Headings are for convenience only. The words "including" and "includes" mean "including without limitation."
Nothing in these Terms creates a partnership, joint venture, employment, fiduciary, franchise, or agency relationship between you and SideKix.
Back to top35CONTACT
Character Limit LLC d/b/a SideKix
North Carolina, United States
Support: support@sidekixhq.com
Security vulnerabilities should be reported through the contact method identified in SideKix's Responsible Disclosure Policy.
Back to top