Terms & Conditions
1. Introduction
These Terms & Conditions ("Terms") govern the relationship between you and Net Fusion Marketing Corp DBA The Fit Startup ("The Fit Startup", "we", "us", or "our"). By visiting our website, requesting information, or engaging our services—including the Startup Health Audit, Readiness Sprint, or Fractional Readiness Advisor—you agree to comply with these Terms.
2. Definitions
"Services" refers to our website, assessments, advisory engagements, downloadable resources, and any related offerings we provide.
"Client" or "you" refers to any individual or entity that accesses our website or engages our Services.
"Deliverables" refers to materials we produce for you, such as Startup Health Scorecards, action plans, or documentation.
3. Use of the Website
You may browse our website for your personal or internal business use. You agree not to misuse the website or attempt to interfere with its proper functioning. We reserve the right to modify or discontinue any aspect of the website at any time without notice.
4. Engagements & Proposals
Formal engagements (such as the Startup Health Audit) will be governed by a separate proposal or agreement that outlines scope, timelines, and fees. In the event of any conflict between these Terms and a signed proposal, the proposal will control for that engagement.
5. Client Responsibilities
To deliver effective assessments and recommendations, we rely on timely access to accurate information. You agree to provide the materials, tools access, and personnel introductions reasonably necessary for us to perform the Services. You are responsible for ensuring you have the right to share any data or documentation you provide.
6. Confidentiality
We treat all non-public information you share with us as confidential and use it solely to deliver the Services, unless otherwise authorized by you or required by law. Likewise, you agree to keep our proprietary methodologies, templates, and Deliverables confidential unless your proposal states otherwise.
7. Intellectual Property
We retain ownership of all intellectual property, methodologies, and templates we use or develop in the course of the Services. Upon full payment of fees, we grant you a non-exclusive, non-transferable license to use Deliverables for your internal business purposes.
8. Payment Terms
Fees, payment schedules, and invoicing terms will be outlined in your proposal or statement of work. Unless otherwise stated, invoices are due upon receipt. Late payments may incur interest or result in suspension of Services.
9. Disclaimer
Our assessments and recommendations are based on the information you provide and our professional judgment. We do not warrant that implementing our recommendations will guarantee specific outcomes such as investment, revenue growth, or compliance approvals. You are responsible for final decisions and the execution of any action plan.
10. Limitation of Liability
To the fullest extent permitted by law, The Fit Startup will not be liable for any indirect, incidental, consequential, special, or punitive damages, or any loss of profits or data, arising out of or related to the use of our website or Services. Our total liability for any claim will not exceed the fees you paid to us for the Services giving rise to the claim.
11. Governing Law
These Terms are governed by the laws of the State of Colorado, without regard to its conflict of law provisions. Any disputes will be resolved in the state or federal courts located in Denver County, Colorado, and you consent to the jurisdiction of those courts.
12. Updates to These Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date on this page. Your continued use of our website or Services after changes become effective constitutes acceptance of the revised Terms.
13. Contact Us
If you have questions about these Terms, please email jacob@thefitstartup.com or reach out through our contact page.