Terms & Conditions

Contents

1. General Principles

These Terms and conditions (“Agreement“) set forth the general terms and conditions of your use of the sharpsheets.io website (“Website” or “Service“) and any of its related products and services (collectively, “Services“). This Agreement is legally binding between you (“user“, “you” or “your“) and RGMS LLC (“Company“, “we“, “us” or “our“).By accessing and using the Website and Services,These Terms and Conditions (hereinafter also referred to as the “Terms“) set forth the general terms and conditions of your use of the https://www.franchiseindx.com/ website (“Website”) and any of its related products and services (collectively referred to as the “Services“). The presented Terms constitute a legally binding agreement between you (hereinafter also referred to as “user, “you,” or “your“) and RGMS LLC (hereinafter also referred to as “Franchise Indx,” “Company,” “we,“ “us,” or “our“).

By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind such an entity to this Agreement, in which case the terms “user,” “you,” or “your” shall refer to such entity. If you do not have such authority, or if you disagree with these Terms, you shall not access and use the Services. You acknowledge that these Terms are a legally binding contract between you and the Company, even though it is electronic and is not physically signed by you, and it governs your use of the Services. you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such an entity to this Agreement, in which case the terms “user”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and the Company, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

2. Services Description

The Company's e-commerce platform offers users access to a comprehensive online database containing financial and non-financial data for a number of international franchises, predominantly based and operating in the United States. The information presented is obtained from the franchises’ respective Franchise Disclosure Documents ("FDDs"), the same FDDs users are also given access to view and download to their devices, all in accordance with the terms and conditions outlined herein.

Through this platform, users have the capability to conveniently explore a number of franchises and their respective data (number of units, investment required, royalties, average yearly turnover, etc.). Our platform streamlines the process of researching franchises and acquiring the necessary FDDs, ensuring that users can make informed decisions and meet their business needs effectively and efficiently.

3. Billing and Payment Processing

Pricing for Service. Unless you opt to enroll in one of our premium plans (“Subscription(-s)”), there will be no fees or charges associated with the use of our Services. Our Subscriptions require full prepayment. The fees depend on the particular Subscription plan selected by you, and you can access comprehensive information about them on our Website’s Pricing page.

Billing.
To complete your order for a Subscription and gain access to the Services, it's essential to provide current, complete, and accurate billing information. Free accounts are not required to provide payment account information. We will immediately bill you upon any upgrade from the free plan to any paid plan.
When you initiate your Subscription, you grant us permission to charge you the full Subscription fee. Please be aware that the charged amount may vary over time, possibly due to promotional offers, discounts, or modifications to the Subscription plan. 
We retain the right to modify the pricing for our Services or any of their components in any manner and at any time, at our sole discretion. Any alterations to the pricing of our Service will take effect after we provide notice to you.

Automatic Subscription Renewal.
Upon purchasing the Subscription plan, you will be immediately charged the subscription fee. Your Subscription will automatically renew for consecutive one-year periods, with applicable fees charged each year from your initial purchase unless you cancel your Subscription plan before the end of the ongoing annual term. 

Subscription Cancellation.
To avoid being billed for the upcoming subscription period, you must cancel your Subscription before it renews each year. You understand and agree that no refunds or credits will be granted for partial terms of Service, upgrade/downgrade refunds, or refunds for unused terms with a paid plan, regardless of the circumstances.

Payment Processing.
Payments for our Services are handled by a third-party service provider, specifically Stripe (the "Third-Party Provider"). You must provide valid credit or debit card information and/or bank account information and explicitly consent to the specified billing amount and periodicity corresponding to the chosen Subscription, which is executed on an annual basis as delineated herein. Any interactions and data exchanges between you and the Third-Party Provider are governed by the terms and conditions of the Third-Party Provider. We are not responsible for, nor liable for, these services or any problems or losses resulting from your use of them. All actions related to canceling, updating your Subscription plan, or modifying billing information are carried out by the Third-Party Provider working on our behalf.

4. Account Creation

To acquire a Subscription, you must first register with us to create an account (“Account”). By creating an Account, you affirm and assure that: (a) all information you provide while setting up and using your Account is truthful, accurate, up-to-date, and complete; (b) you will promptly update your Account settings or inform us of any changes in your information to ensure our records are accurate; and (c) your use of the Service adheres to all relevant laws, rules, and regulations. It is your responsibility to keep your Account information current and up-to-date.

You are solely responsible for safeguarding and maintaining the confidentiality of your Account information, including your password. You are also responsible for any and all actions carried out through your Account due to your failure to uphold the security and confidentiality of this information. You hereby agree to immediately inform us if you detect any unauthorized use of your Account or any security breach related to it. You may be held accountable for any losses incurred by us or any third party as a result of someone else using your Account, email, or password due to your failure to maintain the security and confidentiality of your Account details. Using another person's Account at any time and for any reason is strictly prohibited. We are not accountable to you or any third party for any breaches of your responsibilities as outlined in this Section.

5. Users Rights and Obligations to Services

The Company grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for your own individual use subject to the other provisions of these Terms and Conditions. All rights, title, and interest in and to the Service not expressly granted herein are reserved by the Company.

While using the Services, you have the rights to:

You undertake to:

6. Prohibited Use of Services

You represent and warrant that you will not, and will not permit any third party to:

(a) Copy, distribute, transmit, display, perform, reproduce, broadcast, publish, license or sub-license, transfer, sell, or re-sell, or create derivative works from, or otherwise exploit any part of the Services, information, materials, data, software, or products, obtained from or through the Website or Services, for any objective contrary to these Terms.

(b) Endeavor to obstruct the Service, manipulate, modify, or disrupt data stored or conveyed through the Website. This encompasses the introduction of viruses, malware, or any other harmful code capable of disturbing or compromising the integrity, security, or functionality of the data or the Service itself. 

(c) Employ the Services and the content accessible on and through the Website for purposes other than your personal and/or business-related endeavors.

(d) Misrepresent or manipulate data presented on the Website or accessible through the Services with the intent to deceive, defraud, or mislead others. This encompasses the falsification or tampering of any information related to the products or Services featured on the Website, such as pricing, availability, specifications, or any other relevant details.

(e) Utilize the data and content of the Services to compile analogous databases or services.

(f) Use the Services or any part of it for any unlawful, obscene, or immoral purpose. This includes but is not limited to illegal sales, unauthorized resale, money laundering, fraudulent or any other illegal activity that violates applicable laws, regulations, or the rights of others;

(g) Use any "deep-link," "page-scrape," "robot," "spider," or other automated mechanism, program, algorithm, or methodology, or any analogous manual process to access, acquire, replicate, or monitor any part of the Services.

(h) Breach any security protocols instituted on the Website or within the Service.

(i)  Delete or alter any copyright, trademark, legal notices, or other proprietary notations and markings from any content accessible through our Website or Service.

(j) Submit false or deceptive information when establishing an Account or providing billing information.

(k) Violate our intellectual property rights or the intellectual property rights of other third parties while utilizing the Service.

You hereby commit to informing us promptly if you become aware of any illegal or unauthorized utilization of the Services. We retain the right to terminate your access to the Website and Services should you breach any of the prescribed provisions herein.

7. Company Rights and Obligations

The Company has the right to:

The Company undertakes to:

8. Third-Party Links

The Website may contain links to third-party websites. We do not recommend or endorse the content of any third-party website. We are not responsible for the content of linked third-party websites, and we do not make any representations or warranties regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use of such third-party websites. You expressly release us from any and all liability arising from your use of any third-party website.

9. Intellectual Property  Rights

All content and information accessible on and via the Website and Services, encompassing but not limited to data, information, texts, blog articles, photographs, graphics, images, videos, icons, software, codes, or any other materials, as well as the framework employed for delivering such Services (collectively referred to as “Content”), is the exclusive property of the Company, its licensors or third parties.

As an essential element of its functionality, the Website includes lists of trademark-registered names of diverse franchises. Therefore, it is crucial to note that we have no affiliation, association, authorization, endorsement, or any official connection with any franchise featured on the Website. All franchise names are the registered trademarks of their respective owners. The utilization of any trade name or trademark is solely for the purposes of identification and reference, and it does not imply any affiliation with the trademark proprietor or their brand.

We grant you a non-exclusive, limited, royalty-free, non-assignable license to use the Website and Services solely for your personal use. You are permitted to download and print materials available on the Website only for your personal and non-commercial use under the stipulation that you uphold and adhere to any author attribution, copyright, or trademark notice or constraint in any material that you download or print.

You are expressly prohibited from utilizing any Content obtained through the Service for commercial purposes. Specifically, you shall not:

Any data obtained, which includes but is not limited to data presented in the FDDs, by users through the Services (hereinafter referred to as “Data”) shall remain the exclusive property of the Company. The user acknowledges and concurs that the Company retains full ownership rights, title, and interest in the Data, including any intellectual property rights affiliated with it.

Upon the acquisition of the Data through the Services, the user is granted a limited, non-exclusive, non-transferable license to use the Data for their personal and/or business purposes. This license is exclusively for the user's individual use and does not confer any entitlement to reproduce, alter, distribute, sell, sublicense, or commercially exploit the Data without the prior written consent of the Company.

The user shall refrain from engaging in any unauthorized use of the Data, as stipulated in Section 6 herein. The user commits to honoring and safeguarding the Company's intellectual property rights associated with the Data and shall refrain from removing, altering, or concealing any copyright, trademark, or other proprietary notices or markings found on or within the Data.

10. Copyright Infringement

We uphold the principles of copyright regulations, including compliance with the Digital Millennium Copyright Act (DMCA), and take practical measures to promptly remove any infringing Content from our Website upon becoming aware of it. If you are a copyright owner or control the rights to a copyrighted work and believe that any Content on our Website infringes upon your copyright, please notify us by sending a notice to the following email address: legal@franchiseindx.com.

To ensure compliance with the requirements outlined in this Section, your notice must adhere to the stipulations set forth in 17 U.S.C. § 512(c)(3), which mandates that your notice must include the following:

We take copyright infringement seriously and will respond promptly to valid DMCA takedown notices in accordance with applicable laws and regulations.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE,” and in compliance with applicable law, we disclaim any and all forms of warranties, conditions or provisions, irrespective of whether they are directly expressed or implied, including but not limited to provisions relating to: (a) MERCHANTABILITY, SUITABILITY FOR AN EXPLICIT PURPOSE, SUFFICIENT QUALITY, OR TITLE, or (b) ARISING FROM A COURSE OF DEALING. Moreover, we do not warrant or guarantee that: (a) THE SERVICES WILL CONSISTENTLY RETAIN TOTAL INVULNERABILITY, EXEMPT FROM MISTAKES OR FLAWS, (b) THE SERVICES WILL BE ACCESSIBLE AT PRECISE LOCATIONS OR TIME, (c) THE SERVICES WILL REMAIN UNCEASINGLY OPERATIONAL WITHOUT ANY DISRUPTIONS OR BLEMISHES, (d) ANY CONTENT OR INFORMATION ACQUIRED THROUGH THE SERVICES WILL INVARIABLY BE ACCURATE OR RELEVANT;  (e) ANY AND ALL DATA AND INFORMATION INCLUDED IN THE FRANCHISE DISCLOSURE DOCUMENTS WILL REMAIN ACCURATE, CURRENT, OR COMPLETE AT ALL TIMES.

While the data and information included in the Franchise Disclosure Documents are intended to be accurate, comprehensive, and up-to-date, the Company cannot ensure or warrant their absolute precision, comprehensiveness, or currency due to the ever-evolving nature of business operations. You hereby acknowledge and consent to the possibility that the FDD might encompass changeable information or data based on estimates that could become outdated as a result of varying factors.

Any calculations or estimates independently provided by us are made to the best of our knowledge. Nevertheless, we cannot guarantee their accuracy or currency with absolute certainty. We make reasonable efforts to ensure that the data presented in the FDD is accurate and reliable at the time of its creation. The Company, however, does not assume responsibility for any inaccuracies, omissions, outdated information, or rough estimations existing in the FDD, whether arising from changes in circumstances or occurrences transpiring post its preparation.

The data and information contained within the Franchise Disclosure Documents do not constitute financial or legal advice. Users are solely responsible for conducting their own thorough due diligence and independent research. You are strongly advised to consult with legal and financial advisors to assess the suitability of the franchise opportunity and to make well-informed decisions based on your individual assessment. ANY RELIANCE ON THE DATA PRESENTED IN THE FDDS IS AT YOUR OWN RISK. 

To the fullest extent permissible by law, we disclaim any liability and accept no responsibility for any third-party content uploaded, submitted, transmitted, received, viewed, or retained on or through our Website. You acknowledge and consent that you may encounter content that may be offensive, unlawful, deceptive, or otherwise inappropriate, for which we will not be held accountable.

In specific jurisdictions, the limitations on implied warranties or conditions may not apply, and as a result, the aforementioned restrictions shall be deemed ineffective to the extent prohibited by applicable law.

12. Limitation of Liability

Under no circumstances shall the Company, its directors, officers, agents, affiliates, employees, contractors, or providers be liable for any indirect, incidental, consequential, or punitive damages, including, but not limited to, loss of profits, or loss of data, whether arising from contractual actions, wrongful actions (including, but not limited to, gross negligence), equity, or any other legal basis, nor shall they be liable for damages in the aggregate exceeding either the total amount of the Subscription fees paid by you to the Company for the year immediately preceding the claim or the sum of $100.00 (whichever is greater). This limitation pertains to damages arising out of or resulting from: (a) your use or inability to use or access the Services or any part of it, (b) cessation of your business operations for any reason, (c) any financial losses stemming from the reliance on the Data, (d) your use of any Content available on or through the Services, (e) any third-party claims brought against your business.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Company, including its directors, officers, managers, employees, members, agents, successors, and permitted assigns, from and against any third-party claims, demands, proceedings, losses, liabilities, and all related costs and expenses, including without limitation reasonable attorneys’ fees (collectively, “Claims”), arising from or relating to (a) your use or improper use of the Service; (b) your violation or breach of these Terms or any obligations, representations, or warranties under these Terms; (c) your violation or breach of any applicable laws, rules, or regulations or the rights of any third party, including intellectual property rights.

14. Dispute Resolution and Jurisdiction

These Terms and Conditions and any arising disputes between you and the Company shall be governed by the laws of the State of Wyoming without regard to its principles of conflicts of law. All disputes pertaining to these Terms will be exclusively litigated in the federal or state courts located in Wyoming, United States. By using the Services, you hereby consent to the exclusive jurisdiction of the courts in the state of Wyoming, United States, and acknowledge the fairness and convenience of proceedings in such courts for all matters arising from or related to the use of the Services.

You agree that any claims against the Company related to the Services must be resolved in a court with the proper jurisdiction in the state of Wyoming, USA, though the Company retains the right to take legal action against you in another jurisdiction if necessary. However, if the laws in your country of residence require a different set of laws and jurisdiction, this clause will not apply. If you use the Services, you may have the option to file claims against the Company in the courts of your own country of residence. The applicability of this clause will otherwise be subject to the maximum extent allowed in your country of residence.

15. Changes to the Terms

We retain the authority to make changes to these Terms and Conditions at any time, with the modifications becoming effective as soon as we post the updated Terms on the Website page. To indicate these changes, we will update the date at the bottom of this page. We may also choose to inform you of these updates through other methods at our discretion, such as using the contact information you have provided. Unless otherwise stated, any revised version of these Terms and Conditions will take effect immediately upon being posted, and by continuing to use the Website and Services after the effective date of the updated Terms and Conditions, you are consenting to these changes.

16. General Terms

Entire Agreement: These Terms and Conditions, along with the Privacy Policy, constitute the complete agreement between you and us concerning the matters addressed herein and replace all previous or concurrent written or verbal agreements or understandings. This agreement is binding on both parties and their respective successors and lawful assigns.

Assignment: Neither you nor the Company can transfer, assign, or sublicense your rights and obligations under these Terms without the prior written consent of the other party, except when the Company, at its discretion, may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganization, or sale of its assets.

No Waiver: If we fail to enforce or exercise any provision of these Terms, it does not mean we are waiving that right or provision. Our failure to act in response to a breach by you or others does not prevent us from acting in response to subsequent or similar breaches. Any waiver by the Company of its rights or remedies under these Terms and Conditions does not imply an obligation to grant a similar waiver in the future.

Legal Fees and Remedies: In any action to enforce these Terms, the party that prevails is entitled to all incurred legal fees, including reasonable attorneys' fees and costs. You acknowledge that the Company's remedy at law for any actual or threatened breach of this Agreement might be insufficient, and the Company may seek specific performance or injunctive relief, or both, in addition to any legally recoverable damages. The Company's rights and remedies are not exclusive and may include, among other things, damages, injunctive relief, attorneys' fees, and expenses, whether in a legal or equitable context.

17. Contacting Us

If you have any questions or would like to reach out to us to gain a better understanding of these Terms and Conditions or for any matter related to it, please feel free to contact us through the email: legal@franchiseindx.com.  

Date of publication: September 18th, 2023