1. ACCEPTANCE OF TERMS
Welcome to the Business Profitability Diagnostic (the “Diagnostic”), developed and operated by KM Capital Partners LLC (“KM Capital,” “we,” “us,” or “our”).
By accessing or using this course, website, or any related materials on BusinessHealth.Academy, Thinkific, or affiliated platforms, you agree to these Terms of Use and our Privacy Policy.
If you do not agree, please discontinue use immediately.
2. SERVICE DESCRIPTION
The Diagnostic is an educational and self-guided tool designed to help business owners, executives, and professionals evaluate their own business performance.
It provides frameworks, worksheets, and instructional content to support self-analysis and decision-making.
KM Capital does not provide individualized financial, legal, tax, or investment advice through this course.
All interpretations, calculations, and business decisions made using these tools are solely the responsibility of the user.
3. ELIGIBILITY
To access this course, you must:
Be at least 18 years of age; and
Have the legal capacity to enter into this agreement.
By using the Diagnostic, you confirm that all information you provide for registration and payment is accurate and complete.
4. USER ACCOUNTS
Access to the Diagnostic requires an account on Thinkific or another authorized learning platform.
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
KM Capital is not liable for unauthorized access caused by your failure to secure your account.
5. PAYMENT AND ACCESS
Course fees, if applicable, are displayed at the time of purchase.
All payments are processed securely by third-party payment processors (such as Stripe or PayPal).
KM Capital does not store payment card information.
Access to course content is granted upon confirmed payment and remains active for the duration specified at purchase, unless otherwise terminated under these Terms.
6. LICENSE AND INTELLECTUAL PROPERTY
All course materials, videos, documents, templates, and related content are the intellectual property of KM Capital Partners LLC and are protected by U.S. and international copyright laws.
When you enroll, KM Capital grants you a limited, non-exclusive, non-transferable, revocable license to access and use the materials solely for your personal or internal business use.
You may not:
Copy, reproduce, or redistribute any content publicly;
Share your login or materials with others;
Sell, sublicense, or otherwise exploit the materials for commercial gain.
7. DIY NATURE OF THE PROGRAM
The Business Profitability Diagnostic is a do-it-yourself diagnostic tool.
KM Capital does not collect, review, or analyze any data you input, nor do we provide personalized recommendations.
All calculations, interpretations, and business conclusions are your own responsibility.
The Diagnostic is intended for educational purposes only and should not be relied upon as a substitute for professional consulting, legal, or financial services.
8. LIMITATION OF LIABILITY
To the maximum extent permitted by Florida and U.S. law, KM Capital Partners LLC, its officers, employees, and affiliates are not liable for any direct, indirect, incidental, or consequential damages arising from:
Use or inability to use the course or tools;
Reliance on results or interpretations derived from the Diagnostic;
Loss of data, business revenue, or goodwill.
Your sole remedy for dissatisfaction with the course is to discontinue use.
9. DISCLAIMER OF WARRANTIES
The Diagnostic and all related content are provided “as is” and “as available.”
KM Capital makes no warranties, express or implied, regarding accuracy, completeness, or fitness for a particular purpose.
We do not guarantee that the course or website will be error-free, secure, or uninterrupted.
10. THIRD-PARTY SERVICES
The Diagnostic may integrate or link to third-party platforms (such as Thinkific, Stripe, PayPal, or analytics services).
KM Capital is not responsible for the content, performance, or data practices of these third-party providers.
Use of third-party services is governed by their own terms and policies.
11. TERMINATION
KM Capital reserves the right to suspend or terminate access to the Diagnostic without refund if a user:
Violates these Terms of Use;
Engages in unauthorized distribution or misuse of content; or
Acts in a manner harmful to the platform or other users.
Upon termination, all rights granted under this license cease immediately.
12. GOVERNING LAW AND JURISDICTION
These Terms of Use are governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.
Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Broward County, Florida, USA.
13. INDEMNIFICATION
You agree to indemnify and hold harmless KM Capital Partners LLC, its affiliates, and employees from any claims, losses, or damages resulting from your use of the Diagnostic, violation of these Terms, or infringement of intellectual property or other rights.
14. CHANGES TO TERMS
KM Capital may update these Terms periodically.
The most current version will always be posted on our website or platform.
Continued use after changes are posted constitutes acceptance of the revised Terms.
15. CONTACT INFORMATION
For questions or concerns regarding these Terms of Use, please contact:
KM Capital Partners LLC
9000 Sheridan Street, Suite 138
Pembroke Pines, Florida 33024, USA