Effective as of September 30, 2025
Welcome to kykstart.com. The kykstart.com website (the "Site") is comprised of various web pages operated by Nuosoft LLC ("Company", "we", "us", "our"). kykstart.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of kykstart.com or purchase of our services constitutes your agreement to all such Terms. Please read these terms carefully.
kykstart.com is an E-Commerce Site offering a one-time service package called the "First Spark" (the "Service"), designed to help users validate a business idea. The Service includes the specific deliverables listed on the Site at the time of purchase.
By purchasing the Service, you agree to pay the one-time fee as listed on the Site.
Project Brief: To begin the Service, you must complete the project brief form provided after purchase. You are responsible for providing accurate and complete information.
Revisions: The Service includes one (1) round of reasonable revisions on the Market Insight Report and one (1) round of reasonable revisions on the landing page draft. All feedback must be provided in the shared Project Portal document in a timely manner to avoid project delays.
"Pivot & Refine" Phase: If our Market Insight Report returns a "Caution" or "Re-evaluate" recommendation, the project will enter a "Pivot & Refine" phase, which includes one (1) 45-minute strategy session to collaboratively refine your idea. The landing page deliverable will be based on the outcome of this session.
The fee for the "First Spark" package is a one-time, non-refundable payment. Due to the strategic and creative nature of the work, we cannot offer refunds once the Service has commenced. For the purpose of this clause, the Service is deemed to have **commenced once research or analysis has started for the Market Insight Report.**
Your use of kykstart.com is subject to the Company's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Our Content & Background IP: All content included as part of the Site, such as text, graphics, logos, and software, is the property of the Company or its suppliers. The Company expressly reserves all rights to its preexisting materials, methodologies, software, and other background intellectual property used to provide the Service.
Your Deliverables: Upon completion of the Service and final payment, we grant you full ownership of the final deliverables created specifically for you, including the Market Insight Report and the HTML/CSS code for the landing page. We reserve the right to display the work in our portfolio and marketing materials unless otherwise agreed upon in writing.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service, in **Santa Clara County, California.** The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction.
Any arbitration under these terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE AND DELIVERABLES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NUOSOFT LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NUOSOFT LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, THE COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS, **THE COMPANY'S TOTAL AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE.** IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of California.
The Company reserves the right, in its sole discretion, to change the Terms under which kykstart.com is offered. The most current version of the Terms will supersede all previous versions.
The Company welcomes your questions or comments regarding the Terms:
Nuosoft LLC
Sunnyvale, California 94085
Email: privacy@kykstart.com