Last updated: January 31, 2026
1. Introduction
These Terms of Service ("Agreement") are entered into by and between KPI Nerd ("Company," "we," "us," or "our") and the entity or person ("Customer," "you," or "your") accessing or using our sales performance management platform ("Service").
By accessing or using the Service, you agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement.
2. Definitions
- "Authorized Users" means employees, contractors, or agents of Customer who are authorized to access and use the Service under Customer's account.
- "Customer Data" means all data, including personal data of Authorized Users and their employees, that Customer or its Authorized Users submit to the Service.
- "De-Identified Data" means Customer Data that has been processed to remove or obscure any information that could identify Customer, its Authorized Users, or any individual.
- "Service Data" means data generated by or derived from Customer's use of the Service, including usage analytics and performance metrics.
3. Account Registration and Use
3.1 Business Accounts
The Service is designed for business use. Customer represents that it is a business entity and that the Service will be used for business purposes only. Customer is responsible for all activities conducted through its account and for ensuring that all Authorized Users comply with this Agreement.
3.2 Account Responsibilities
Customer agrees to:
- Provide accurate and complete registration information
- Maintain the security and confidentiality of account credentials
- Promptly notify us of any unauthorized access or security breaches
- Ensure all Authorized Users understand and comply with this Agreement
4. Acceptable Use Policy
4.1 Permitted Use
Customer may use the Service to track sales performance, set goals, monitor activities, and analyze business metrics in accordance with this Agreement and applicable law.
4.2 Prohibited Conduct
Customer and its Authorized Users shall not:
- Use the Service to harass, discriminate against, or create a hostile work environment for any individual
- Manipulate, falsify, or misrepresent data within the Service
- Use the Service in violation of any applicable employment, privacy, or data protection laws
- Share access credentials or allow unauthorized individuals to access the Service
- Attempt to reverse engineer, decompile, or derive source code from the Service
- Use the Service for any illegal purpose or in violation of any third-party rights
4.3 Employee Monitoring Compliance
If Customer uses the Service to monitor or track employee performance, Customer is solely responsible for:
- Providing appropriate notice to monitored employees as required by applicable law
- Obtaining any required consents from employees
- Complying with all applicable employment and privacy laws, including but not limited to GDPR, CCPA, and state-specific employee monitoring laws
- Maintaining appropriate workplace monitoring policies
5. Data Rights and Licenses
5.1 Customer Data Ownership
Customer retains all rights, title, and interest in and to Customer Data. Nothing in this Agreement transfers ownership of Customer Data to Company.
5.2 License to Provide Service
Customer grants Company a non-exclusive, worldwide license to host, copy, transmit, display, and use Customer Data solely as necessary to provide and improve the Service in accordance with this Agreement.
5.3 De-Identified and Aggregated Data
Customer grants Company a perpetual, irrevocable, worldwide, royalty-free license to:
- Create De-Identified Data from Customer Data
- Aggregate De-Identified Data with data from other customers
- Use such De-Identified Data for any lawful purpose, including analytics, benchmarking, industry research, and service improvement
Company will ensure that Customer is not identifiable as the source of any De-Identified Data and will never attempt to re-identify any de-identified information.
6. Revenue Calculators and Projections
Important Disclaimer
The Service includes financial calculators, goal-setting tools, and revenue projections ("Calculators"). These Calculators are provided for informational and educational purposes only.
- No Guarantee: Calculator outputs are estimates based on user-provided inputs and assumptions. Actual results may vary significantly.
- Not Professional Advice: Calculators do not constitute financial, business, legal, or professional advice. Customer should consult qualified professionals before making business decisions.
- Input Accuracy: The accuracy of Calculator outputs depends entirely on the accuracy of information provided by Customer.
- No Warranty: Company makes no warranty regarding the accuracy, completeness, or reliability of any Calculator output or projection.
7. Subscription and Payment
7.1 Subscription Plans
The Service is offered on a subscription basis. Specific features, user limits, and pricing are determined by Customer's selected subscription plan.
7.2 Billing
- Subscriptions are billed in advance on a monthly or annual basis, depending on the plan selected
- Seat-based plans are billed per Authorized User
- All fees are non-refundable except as expressly stated herein
7.3 Auto-Renewal
Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. Customer may cancel auto-renewal at any time through their account settings.
7.4 Price Changes
Company may change subscription prices upon 30 days' prior notice. Price changes will take effect at the start of the next billing period following the notice.
8. Confidentiality
Each party agrees to maintain the confidentiality of the other party's confidential information and not to disclose such information to third parties except as necessary to perform obligations under this Agreement or as required by law.
9. Warranties and Disclaimers
9.1 Limited Warranty
Company warrants that the Service will perform substantially in accordance with its documentation during the subscription term.
9.2 Disclaimer
Except as expressly stated herein, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of Liability
10.1 Exclusion of Damages
In no event will either party be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or related to this Agreement, regardless of whether such damages were foreseeable or whether either party was advised of the possibility of such damages.
10.2 Cap on Liability
Except for excluded claims set forth below, each party's total aggregate liability arising out of or related to this Agreement shall not exceed the amounts paid by Customer to Company in the twelve (12) months preceding the claim.
10.3 Excluded Claims
The limitations above shall not apply to:
- Gross negligence or willful misconduct
- Breach of confidentiality obligations
- Customer's payment obligations
- Violations of the other party's intellectual property rights
11. Indemnification
Customer agrees to indemnify and hold harmless Company from any claims, damages, or expenses arising from:
- Customer's violation of this Agreement
- Customer's violation of applicable law
- Customer's collection, use, or disclosure of employee data
- Any claim by a third party related to Customer Data
12. Term and Termination
12.1 Term
This Agreement commences upon Customer's acceptance and continues until terminated in accordance with this section.
12.2 Termination for Convenience
Either party may terminate this Agreement by providing written notice at least 30 days before the end of the current subscription period.
12.3 Termination for Cause
Either party may terminate this Agreement immediately if:
- The other party materially breaches this Agreement and fails to cure such breach within 30 days of written notice
- The other party becomes insolvent or files for bankruptcy
12.4 Effect of Termination
Upon termination:
- Customer's access to the Service will be discontinued
- Customer may request export of Customer Data within 30 days
- Company may delete Customer Data after 30 days following termination
- Sections 5.3 (De-Identified Data), 8 (Confidentiality), 9.2 (Disclaimer), 10 (Limitation of Liability), and 11 (Indemnification) shall survive termination
13. General Provisions
13.1 Governing Law
This Agreement shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions.
13.2 Dispute Resolution
Any disputes arising from this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
13.3 Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.
13.4 Modifications
Company may modify this Agreement by posting the revised terms on our website. Continued use of the Service after such modifications constitutes acceptance of the updated terms.
13.5 Assignment
Customer may not assign this Agreement without Company's prior written consent. Company may assign this Agreement in connection with a merger, acquisition, or sale of assets.
13.6 Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
14. Contact Information
For questions about these Terms of Service, please contact us at:
Email: [email protected]
Address: [Company Address]