KPI Depot Terms of Service / User Agreement

Welcome to the User Agreement (the "Agreement" or "User Agreement") for KPI Depot (the "Site"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. We may amend this Agreement at any time by posting the amended terms on the Site. Unless otherwise noted, all amended terms become effective immediately upon posting on the Site. This Agreement is effective on July 11th, 2025 for all users.

1.0 Permitted Uses.

In using any service provided by KPI Depot, you will

• comply with all laws;
• comply with any codes of conduct or other notices we provide; and
• promptly notify us if you learn of a security breach related to the service.

2.0 Forbidden Uses.

In using any service provided by KPI Depot, you may not

• use the service in any way that harms KPI Depot or its affiliates, partners, or subscribers (collectively, the "KPI Depot parties");
• engage in, facilitate, or further unlawful conduct;
• damage, disable, overburden, or impair the service (or the networks connected to the service) or interfere with anyone's use and enjoyment of the service;
• resell or redistribute the service, or any part of the service, including KPI entries, datasets, or documentation, unless expressly permitted by your subscription terms;
• use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam"); or
• attempt to decompile or reverse engineer any software, database schema, or downloadable assets contained on the Site.

3.0 Subscription Fees.

KPI Depot is a paid subscription service providing access to an online KPI library, supporting documentation, and downloadable resources. Access to the Site and its content is available only through an active subscription. We may change the subscription fees from time to time, and such changes are effective immediately upon posting on the Site. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all subscription fees and applicable taxes associated with your use of the service. Subscription fees are non-refundable except as outlined in Section 11.0.

4.0 Subscription License and Usage.

KPI Depot grants you a non-exclusive, non-transferable, revocable license to access and use the KPI content available on the Site during the term of your active subscription. This license is subject to the following terms:

• You may view, download, and incorporate KPI definitions, formulas, analyses, and related content into internal reports, presentations, dashboards, or other work product for your personal or organizational use.
• You may distribute the work product that contains KPI Depot content internally within your organization.
• You may not distribute KPI Depot content — whether in original, modified, or derivative form — to anyone outside your organization except for finalized work product where KPI Depot content forms an incidental part of the larger analysis.
• You may not resell, sublicense, or otherwise commercialize KPI Depot content, data structures, or documentation.
• You must retain all copyright, trademark, and attribution notices included in our content when reasonable to do so.
• You may not use KPI Depot’s trade names, trademarks, service marks, or product names except as required for reasonable and customary attribution.

Unless otherwise specified, a single subscription allows use of the content by one (1) individual user. Additional subscriptions must be purchased for use beyond these restrictions. All other rights in and to the content, including all copyright and intellectual-property rights, are retained by KPI Depot or its licensors.

5.0 Definition.

"Your Information" is defined as any information you provide to us in the registration or subscription process or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online submission of Your Information.

6.0 Restricted Activities.

Your Information and your activities on the Site shall not: (a) be false, inaccurate, or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising); (e) be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; or (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

7.0 Breach.

Without limiting other remedies, we may limit your access, issue a warning, temporarily suspend, indefinitely suspend, or terminate your subscription and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us.

8.0 No Warranty.

We, our subsidiaries, officers, directors, employees, suppliers, vendors, or other associated parties, provide our website, resources, content, and services "as is" and without any warranty or condition, expressed, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement. No warranty is provided regarding the completeness, accuracy, or applicability of the KPIs, formulas, diagnostic frameworks, or other materials made available on the Site. It is your responsibility to determine the suitability of the content for your specific business needs.

9.0 Indemnity.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.

In no event shall we, our subsidiaries, officers, directors, employees, suppliers, vendors, or other associated parties be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials or services on the Site, even if we have been advised of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law or the subscription fee paid, whichever is lower.

10.0 No Agency.

You and KPI Depot are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

11.0 Payment and Refunds.

Your credit card statement will read "KPI DEPOT" unless you choose to pay through PayPal or another third-party processor. Subscription fees are charged in advance and are non-refundable, except in cases where KPI Depot terminates your access to the service without cause, in which case a prorated refund may be issued for the unused portion of your subscription term. Please send refund requests to billing@kpidepot.com, including a detailed description of your issue and an explanation for the request.

12.0 Digital Millennium Copyright Act.

It is KPI Depot’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). KPI Depot will promptly terminate without notice any subscriber’s access to the service if that subscriber is determined by KPI Depot to be a "repeat infringer." A repeat infringer is a subscriber who has been notified by KPI Depot of infringing activity violations more than twice.

13.0 Revisions and Errata.

The materials appearing on the Site, including KPI definitions, formulas, and diagnostic guidance, may include technical, typographical, or content errors. KPI Depot does not warrant that any of the materials on its website are accurate, complete, or current. KPI Depot may make changes to the materials contained on its website at any time without notice. KPI Depot does not, however, make any commitment to update the materials.

14.0 Governing Law.

This Agreement shall be governed in all respects by the laws of the State of New York, United States of America, without regard to its conflict-of-law provisions. You agree that any claim or dispute you may have against KPI Depot must be resolved exclusively by a court located in New York County, New York.

15.0 Modifications to Service.

KPI Depot reserves the right to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that KPI Depot shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the service.