Terms of Service

Last updated: February 2026.

These Terms of Service (“Terms”) govern your access to and use of the websites and online tools operated by KPI99 LLC (“KPI99”, “we”, “us”, “our”). By using our website or tools, you agree to these Terms. If you do not agree, do not use our sites or tools.

1. Scope and acceptance

These Terms apply to:

Your use of our website or tools constitutes acceptance of these Terms and of our Privacy Policy, which describes how we collect and use information.

2. Use of the website

You may use our website for lawful purposes only, in accordance with these Terms. You agree not to: use the site in any way that violates applicable law; attempt to gain unauthorized access to our systems or data; use automated means (e.g. scraping, bots) to collect content or data without our permission; transmit malware or interfere with the availability or security of the site; or use the site to send unsolicited commercial messages. We may suspend or terminate access if we reasonably believe you have breached these Terms.

3. Use of platform tools

Our platform tools (including ICEA, the PPI-F Diagnostic, and related analyzers) are provided for informational and assessment purposes. You may use them to evaluate performance pressure, cost, or capacity in accordance with their documented functionality. You are responsible for the data and inputs you provide. Results and recommendations from the tools are for guidance only and do not constitute professional advice. We do not guarantee the accuracy, completeness, or suitability of tool outputs for any particular system or decision. Use of tool outputs for business or technical decisions is at your own risk.

4. Consulting and professional engagements

Engagements for consulting, performance health audits, optimization work, retainers, or incident support are not governed solely by these Terms. Such engagements are subject to separate written agreements (e.g. statements of work, master service agreements, or engagement letters) that we may enter into with you or your organization. These Terms apply to your use of our website and self-service tools; the terms of any specific engagement will govern the scope, deliverables, and obligations for that engagement.

5. Intellectual property

All content on our website and in our tools—including text, graphics, logos, the PPI-F™ framework and methodology, and the design and operation of our tools—is owned by KPI99 or our licensors and is protected by copyright and other intellectual property laws. You may not copy, modify, distribute, or create derivative works from our content or tools without our prior written consent. You retain ownership of any data or inputs you submit; we use them only as described in our Privacy Policy and in connection with providing and improving our services.

6. Disclaimers

Our website and tools are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the site or tools will be uninterrupted, error-free, or free of harmful components.

7. Limitation of liability

To the maximum extent permitted by applicable law, KPI99 and its affiliates, officers, directors, and employees shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or business opportunities, arising from or related to your use of our website or tools. Our total liability for any claims arising from or related to these Terms or your use of the site or tools shall not exceed one hundred U.S. dollars (USD $100). Some jurisdictions do not allow certain limitations of liability; in such cases, our liability will be limited to the greatest extent permitted by law.

8. Indemnification

You agree to indemnify and hold harmless KPI99 and its affiliates, officers, directors, and employees from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use of our website or tools, your violation of these Terms, or your violation of any third-party rights.

9. Governing law and disputes

These Terms are governed by the laws of the State of Georgia, United States, without regard to its conflict of laws principles. Any dispute arising from or related to these Terms or your use of our website or tools shall be resolved exclusively in the state or federal courts located in the State of Georgia, and you consent to the personal jurisdiction of such courts.

10. Changes and contact

We may update these Terms from time to time. The current version will be posted on this page with a revised “Last updated” date. Your continued use of our website or tools after changes constitutes acceptance of the updated Terms. For questions about these Terms, contact KPI99 at the contact information provided on our website at kpi99.co or at: KPI99 LLC, 300 Colonial Center Parkway, #100, Roswell, GA 30076, USA.