Terms and Conditions

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Country refers to: Missouri, United States
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Propel & Flourish LLC, 5526 Crestwood Drive, Kansas City MO 64110.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Diagnostic means the Founder Bottleneck Diagnostic, a paid 90-minute working session and accompanying written deliverable offered by the Company.
• Sprint means the Operating System Foundation Sprint, the Company’s twelve-week engagement to install an operating system with Your team.
• Fees means the amounts payable by You for any Paid Service, as stated at the point of purchase.
• Paid Service means any service purchased from the Company through the Service, including the Diagnostic and the Sprint.
• Service refers to the Website.
• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• Website refers to Propel & Flourish, accessible from propelflourish.com
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Purchases and Payment

If You wish to purchase any Paid Service made available through the Service, You may be asked to supply certain information relevant to Your purchase, including Your name, email address, billing address, and payment card information.

Payments are processed by Stripe, Inc. The Company does not collect or store Your full payment card number. Your purchase is also subject to Stripe’s own terms of service, and You are responsible for reviewing them.

For the Diagnostic, You book a session first and the Company then invoices You. Payment is due before the session takes place. Booking a session does not by itself create a paid engagement, and the Company is under no obligation to hold a session for which the Fee has not been paid.

You represent and warrant that You have the legal right to use any payment method You submit, and that the information You supply is true, correct, and complete.

All Fees are stated in United States dollars and are exclusive of any taxes that may apply. You are responsible for any applicable taxes.

The Company reserves the right to refuse or cancel Your order at any time, including if the Paid Service is unavailable, if an error in the price or description is discovered, or if fraud or an unauthorized transaction is suspected. Where an order is cancelled by the Company, any Fees already paid will be refunded in full.

The Founder Bottleneck Diagnostic

What is included

The Diagnostic consists of one 90-minute working session with the Company and Your three highest-leverage fixes delivered to You in writing. These two items are what You are purchasing, and they are the Company’s contractual obligations to You.

The Company may also provide additional materials in connection with the Diagnostic, such as a bottleneck map, a score, a brand risk assessment, a time leakage analysis, a session recording, or a written summary. Those additional materials are provided at the Company’s discretion. They are described for Your information and are not conditions of delivery.

Scheduling

You book Your session by selecting an available time through the Company’s scheduling page. After You book, the Company will send You an invoice for the Fee. The Fee must be paid in full before the session takes place.

If the Fee has not been paid when the session is due to begin, the Company may cancel the session. The Company will not cancel a session for non-payment where You have contacted the Company in advance to reschedule it.

You may reschedule Your session once at no charge, with any amount of notice. If You do not attend a scheduled session and have not rescheduled it in advance, the session is treated as delivered and the Fee is forfeited. The Company may, at its sole discretion, offer a further reschedule.

Validity period

A paid Diagnostic must be held within ninety (90) days of the date the Fee is paid. If the session has not been held within that period for reasons other than the Company’s unavailability, the purchase expires and the Fee is forfeited. The Company may extend this period at its sole discretion.

Refunds

If You have paid Your invoice, You may cancel and receive a full refund at any time before Your session takes place. To cancel, email hello (at) propelflourish.com. Refunds are issued to the original payment method and may take several business days to appear, depending on Your bank or card issuer.

If You have not yet paid Your invoice, You may cancel at any time before the session by emailing the Company, and no Fee is owed.

Once the session has taken place, the Fee is non-refundable.

Your participation

The value of the Diagnostic depends on the accuracy and completeness of the information You provide about Your business and Your workflows. The Company’s findings and recommendations are based on the information available to it during the session.

Operating System Foundation Sprint Guarantee

For the Sprint, the Company offers the following guarantee, which is stated in full on the Service and is repeated here as a contractual term.

The Company will have the system installed, working, and running with Your team by week twelve. If it is not, the Company will continue working, for up to four additional weeks, at no additional cost.

Conditions of the guarantee

This guarantee applies only where both of the following conditions are met:

• The Company and You define “installed and running” in writing at the end of Phase 1, including what is in scope and what is out of scope. The written scope agreed at that point governs whether the guarantee has been met.
• You commit to a named owner on Your side, weekly checkpoints, and decisions returned to the Company within three business days of being requested.

If those conditions are not met, the twelve-week clock pauses for the duration of the delay, and any time added under this guarantee is calculated from the resumed schedule.

Scope of remedy

The additional working time described above is Your sole and exclusive remedy under this guarantee. This guarantee is not a refund, a warranty of any specific business result, or a guarantee of revenue, savings, or other financial outcome. Nothing in this section limits the Limitation of Liability section below.

Intellectual Property

You own the deliverables the Company prepares specifically for You, including Your written fixes, maps, scores, assessments, and run-books, upon full payment of the applicable Fees.

The Company retains all right, title, and interest in its own underlying intellectual property, including its frameworks, methodologies, templates, tools, prompts, checklists, training materials, and know-how, whether created before or during Your engagement, and including any improvements to them made in the course of Your engagement. Nothing in these Terms transfers ownership of that intellectual property to You.

The Company grants You a perpetual, non-exclusive, royalty-free license to use its underlying intellectual property to the extent it is embedded in Your deliverables, for Your internal business purposes. You may not resell, sublicense, publish, or distribute the Company’s frameworks, methodologies, or templates as a standalone product or service, or offer them to third parties as part of a competing service.

The Service and its original content, features, and functionality are and will remain the exclusive property of the Company and its licensors.

Third-Party Services We Use

The Company uses the following third-party services to operate the Service. Your use of the Service may involve these providers, and Your information may be processed by them as described in Our Privacy Policy:

• Stripe, Inc. — payment processing for purchases made through the Service.
• beehiiv, Inc. — email newsletter delivery and subscriber management.
• Tally — hosting and administration of forms and assessments made available through the Service.

Each provider operates under its own terms of service and privacy notice. The Company has no control over, and assumes no responsibility for, the practices of these providers. We strongly advise You to read their terms and privacy notices.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

If You have purchased a Paid Service and the Company terminates Your access for a reason other than Your breach of these Terms, the Company will refund any Fees paid for services not yet delivered.

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: hello (at) propelflourish.com