TERMS OF USE

Last updated: July 1, 2026

These Terms of Use ("Terms") are an agreement between you and The Sure Foundation, a trade name of The Sure Foundation Group LLC, an Arizona limited liability company ("The Sure Foundation," "we," "us"). They govern your use of thesurefoundation.co, the free Self-Scan diagnostic, and any content we make available on the site (together, the "Service"). By using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Paid services (the Real-Books Readout, the Profit-Leak Session, and any other paid engagement) are governed by a separate written engagement agreement, not these Terms. Where the two conflict for a paid engagement, the engagement agreement controls.

1. What the Service is — and what it is not

The Service is an automated, informational business-health diagnostic for business owners.

> The Sure Foundation Diagnostic is an automated, informational business-health diagnostic. It is not financial, accounting, legal, tax, or investment advice and creates no advisory relationship. Results are estimates based only on the data you provide. Consult a licensed professional before acting.

That disclaimer is part of these Terms. In plain terms:

• The Service produces estimates and educational information, not professional advice.
• No advisory, fiduciary, accountant-client, attorney-client, or other professional relationship is created by your use of the Service, by our marketing, or by any report, score, or dollar figure the Service shows you.
• The Service is not an audit, review, attestation, or assurance service of any kind, and no output of the Service should be given to a lender, investor, buyer, or anyone else as if it were one.
• Any decision you make — and every consequence of it — is yours. Before acting on anything the Service tells you, consult your own licensed CPA, attorney, or financial advisor.

2. Your data and the free scan

• The free Self-Scan runs entirely in your browser. The financial figures you type into the free scan are processed on your own device and are not uploaded to us or stored by us. (Details in our [Privacy Policy].)
• You own your inputs. Everything you enter into the Service remains yours. Where you choose to submit information to us (for example, the contact form or a saved report), you grant us only the limited permission to store and process it to provide the Service and respond to you, as described in the Privacy Policy.
• You are responsible for the accuracy of what you enter. The Service's output is only as good as your inputs.

3. Eligibility

The Service is intended for business use by adults (18+). It is not directed to consumers for personal, family, or household purposes, and not directed to children.

4. Acceptable use

You agree not to:

• use the Service for any unlawful purpose;
• scrape, harvest, or bulk-download content or run automated/bulk queries against the Service;
• copy, resell, white-label, or redistribute the Service or its reports as your own product or service;
• reverse engineer, decompile, or extract the scoring methodology to build a competing product;
• probe, disable, or interfere with the Service's security or other users' data;
• misrepresent a report or score as audited, certified, or professionally verified.

We may suspend or block access for violations.

5. Our intellectual property

The Service — including the site, the diagnostic engine, the seven-pillar framework, scoring methodology, report formats, and all text and design — is owned by us or our licensors. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your own internal business evaluation. No other rights are granted. Your data remains yours (§ 2).

6. AS-IS; no warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR COMPLETENESS. WE DO NOT WARRANT THAT THE SERVICE'S SCORES, FLAGS, ESTIMATES, OR DOLLAR FIGURES ARE ACCURATE OR COMPLETE, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PARTICULAR SAVINGS, RECOVERY, OR BUSINESS OUTCOME WILL RESULT FROM USING IT. ANY EXAMPLES OF DOLLAR AMOUNTS IN OUR MARKETING OR REPORTS ARE ILLUSTRATIVE ESTIMATES ONLY AND ARE NOT PREDICTIONS OR PROMISES ABOUT YOUR BUSINESS.

7. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• No indirect damages. We are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, lost savings, business interruption, or loss of data — even if we were advised such damages were possible. This includes losses from business decisions you make in reliance on the Service.
• Cap. Our total aggregate liability arising out of or relating to the Service is limited to the greater of (a) US $100 or (b) the amounts you paid us in the twelve (12) months before the event giving rise to the claim.
• These limits apply regardless of the theory of liability (contract, tort, negligence, statute, or otherwise) and even if a remedy fails of its essential purpose. They do not apply where the law prohibits limiting liability (e.g., our own fraud or willful misconduct).

8. Indemnity-lite (kept deliberately narrow)

You are responsible for your use of your own reports — including any claim that arises because you gave a report or score to a third party (a lender, buyer, investor, etc.) as if it were audited or professionally verified. (Drafting note: this is intentionally a responsibility allocation, not a broad user-indemnification clause — a full indemnity from $0 users is friction with little value. Counsel may upgrade if desired. Nice-to-have.)

9. Privacy

Our [Privacy Policy] describes exactly what we collect (and what we deliberately don't). It is part of these Terms.

10. Governing law and venue

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-laws rules. The exclusive venue for any dispute arising out of or relating to these Terms or the Service is the state or federal courts located in Maricopa County, Arizona, and both parties consent to personal jurisdiction there. In any action arising out of these Terms, the prevailing party may recover its reasonable attorneys' fees and costs as allowed by law, including A.R.S. § 12-341.01. `[VERIFY statute with counsel — prevailing-party fees in contract actions.]`

11. Disputes: court, not arbitration (recommendation)

Disputes go to the courts identified in § 10, including small-claims/justice court where the amount qualifies. Both parties waive trial by jury to the extent permitted by law. `[VERIFY — enforceability of a pre-dispute contractual jury waiver in Arizona; counsel to confirm or strike.]`

(Drafting note — why COURT and not arbitration, for counsel to confirm: (1) ticket sizes here are $0–$2,500 — AAA commercial arbitration minimum filing/arbitrator fees can exceed the entire amount in dispute, and the business often ends up fronting fees; (2) the usual reason to force arbitration is consumer class-action risk, which is low for a B2B tool with an express business-use-only clause; (3) Maricopa County small-claims/justice court is the cheapest realistic forum for RJ to collect an unpaid invoice or defend a small claim; (4) mass-arbitration tactics have turned arbitration clauses into a liability for small operators. If counsel prefers arbitration anyway, use AAA Commercial Rules, Maricopa County seat, single arbitrator, each side bears its own fees, small-claims carve-out. — Recommendation, not a legal conclusion; counsel decides.)

12. Changes to these Terms

We may update these Terms. When we do, we will change the "Last updated" date, and for material changes we will give reasonable notice — by a notice on the site and, where we have your email, by email. Changes apply prospectively: your continued use of the Service after notice means you accept the updated Terms. If you don't accept them, stop using the Service.

13. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement about the free Service (paid engagements have their own agreement).
• Severability. If a provision is unenforceable, the rest stands, and the provision is enforced to the maximum extent permitted.
• No waiver. Our not enforcing a provision isn't a waiver of it.
• Assignment. You may not assign these Terms; we may assign them to a successor of the business (e.g., the LLC once formed).
• Contact. Questions and legal notices: info@thesurefoundation.co.

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Paid Services — Engagement Terms Incorporated

Purchases of paid services (including the Real-Books Readout and the Profit-Leak Session) are additionally governed by our Engagement Terms, available at https://thesurefoundation.co/legal/engagement and incorporated into these Terms by reference. Completing a purchase — including checking the terms-acceptance box at checkout — constitutes acceptance of the Engagement Terms. If these Terms and the Engagement Terms conflict with respect to a paid service, the Engagement Terms control.

Last updated: July 1, 2026.

Questions: info@thesurefoundation.co · Terms of Use · Privacy Policy