Terms & Conditions

1. Introduction

These terms and conditions govern your use of the intellihance® platform provided by idea consult inc. (“idea consult®“). intellihance® is intended exclusively for use by authorized users in strict accordance with their subscription terms and conditions with idea consult®. by accessing or using our platform, you agree to be bound by these terms and conditions. if you disagree with any part of these terms, you may not access the platform.

2. Definitions

  • “Platform” refers to the Intellihance® market research platform provided by Idea Consult®.
  • “User” refers to any individual or entity accessing or using the platform.
  • “Intellihance® Content” refers to all content, materials, software, data, charts, reports, and any other resources provided or generated by Intellihance®.

3. User Accounts

  • You must create a subscription to access certain features of the platform.
  • You are solely responsible for maintaining the confidentiality of your account credentials, including but not limited to your username and password. You agree to immediately notify Idea Consult® of any unauthorized use of your account or any other breach of security. Idea Consult® will not be liable for any loss or damage arising from your failure to protect your account credentials. You acknowledge and agree that any activities that occur under your account, whether authorized or unauthorized, are your responsibility.
  • You agree to provide accurate and complete information when creating your account.

4. User Roles

Primary Admin:
  • The person who signed up for the account is designated as the Primary Admin.
  • The Primary Admin has full responsibility for the account and exclusive access to billing information.
  • The Primary Admin can add other users to the account and assign them roles as either Users or Admins.
  • Admins will have the authority to manage users, while Users will have access to use the platform without administrative privileges.
  • Admins cannot be managed by other Admins as they are at the same level and have the same privileges. Only Primary Admin can downgrade an Admin to a User.
Admins:
  • Admins have the authority to manage users within the account, including adding or removing users, adjusting their roles, and assigning report quotas.
  • Admins do not have access to billing information.
Users:
  • Users have access to use the platform but do not have administrative privileges.
  • Users cannot manage other users or access billing information.

5. Adding Users and Setting Roles

  • The Primary Admin can add other users to the account and assign them roles as either Users or Admins.
  • The Primary Admin can designate Admins to assist in managing users and platform activities.
  • Admins can also add users and assign them roles as either Users or Admins.
  • Admins cannot be managed by other Admins as they are at the same level and have the same privileges. Only the Primary Admin can downgrade an Admin to a User.

6. Use of the Platform

  • Intellihance® by Idea Consult® offers a comprehensive set of metrics crucial for evaluating market opportunities. Developed by Idea Consult®‘s experienced consultants, the platform covers over 1,500 industries and over 40,000 geographical areas in the US, aiming to streamline market analysis and reduce research time and costs.
  • The selection of the key metrics presented in the Intellihance® reports is determined by the Idea Consult® team as the set of key indicators for market and industry assessments.
  • While the information collected provides users with a comprehensive starting point for preliminary market analysis, our business scoring formula, detailed in the “Intellihance® Scores” section, involves our proprietary interpretation of demographic and economic data points.
  • The information within this product is gathered from various government sources, public open sources, and private channels and is delivered through Idea Consult®‘s exclusive market research platform, Intellihance®.Sources include:
    • US Census Bureau Resources
    • American Community Survey 5-Year Estimates
    • 2022 NAICS Industry Classification
    • U.S. Bureau of Economic Analysis
    • GDP and Personal Income U.S. Bureau of Economic Analysis
    • GDP by Industry Bureau of Labor Statistics
    • Quarterly Census of Employment and Wages
    • IBISWorld, Inc.
    • Open AI
    • Google Maps
  • As is the case when dealing with heterogeneous databases from multiple sources, some errors are inevitable. Certain sectors and locations may be missing, and specific information on others might be lacking from the source.

7. Intellectual Property

Ownership of Intellectual Property:
  • All content, materials, software, data, reports, and any other resources provided or generated by Intellihance® (collectively, “Intellihance® Content”) are and remain the exclusive property of Idea Consult®. This includes all intellectual property rights such as copyrights, trademarks, trade secrets, patents, and any other proprietary rights.
License to Use:
  • Subject to the terms and conditions of this agreement, Idea Consult® grants you a non-exclusive, non-transferable, revocable license to access and use the Intellihance® Content for your internal business purposes only.
  • This license does not include the right to sublicense, resell, distribute, or create derivative works based on the Intellihance® Content unless explicitly permitted by Idea Consult®.
Restrictions on Use:
  • You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Intellihance® Content without prior written consent from Idea Consult®.
  • You are prohibited from using Idea Consult®‘s name, logo, trademarks, or any other identifying marks without express written permission from Idea Consult®.
Protection and Compliance:
  • You agree to access and use the Intellihance® Content in compliance with all applicable laws and regulations.
  • You agree to take all necessary steps to prevent unauthorized use, reproduction, distribution, or modification of the Intellihance® Content.
Attribution:
  • If you are authorized to share Intellihance® Content, you must provide appropriate attribution to Idea Consult® where applicable, and you are prohibited from falsely representing that you or any third party created the content if it originated from Intellihance®.
Reporting Infringement:
  • If you become aware of any unauthorized use or infringement of Idea Consult®’s intellectual property rights, you agree to notify Idea Consult® immediately.
  • Idea Consult® reserves the right to take any actions it deems necessary to enforce its intellectual property rights, including pursuing legal action.
Termination of License:
  • Idea Consult® reserves the right to terminate your license to use the Intellihance® Content if you breach any terms of this agreement. Upon termination, you must cease all use of the Intellihance® Content and destroy any copies in your possession.
Reservation of Rights:
  • All rights, title, and interest in and to the Intellihance® Content not expressly granted herein are reserved by Idea Consult®.

8. Privacy Policy

Your use of the platform is subject to our Privacy Policy, which outlines how we collect, use, and disclose your personal information.
By using the platform, you consent to the terms of our Privacy Policy.

9. Disclaimer of Warranties and Limitation of Liability

  • While we continuously strive to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the information, templates, related graphics, or the results of subsequent analyses. idea consult® has not conducted independent primary research to validate the accuracy of the data used and disclaims responsibility for conclusions or decisions based on this data or analysis.
  • Users should rely on the platform’s data, templates, or information for reference only, understanding that idea consult® makes no warranties regarding the completeness, accuracy, or reliability of the information.
  • The data, templates, and information provided on intellihance® are intended for reference purposes only. idea consult® makes no warranties or representations regarding the completeness, accuracy, or reliability of such information. users are advised not to rely solely on the information provided by the platform for making business, financial, or any other critical decisions.
  • Idea consult® shall not be held liable for any loss, damage, or business failure resulting from the use or reliance on the platform’s data, templates, or information. users are strongly encouraged to seek the advice of qualified professionals and experts before making any decisions based on the information provided by the platform. by using the platform, you acknowledge and agree that idea consult® is not responsible for any actions taken based on the information provided and that you assume all risk associated with its use.
  • Idea consult® shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with your use of the platform.
  • in no event shall idea consult®‘s total liability exceed the amount paid by you, if any, for accessing the platform.

10. Refunds, Billing, and Credit Policy

Refunds Policy:
  • We do not offer refunds for any services provided through the platform, except as expressly provided in these terms and conditions.
  • In the event of a cancellation or termination of services, no refunds will be issued for any remaining subscription period.
  • Any unused balance of reports included in a plan within a subscription period will not be refunded, rolled over, or credited.
  • The only time a pro-rated refund will be issued is if access to the platform is interrupted without notice and users cannot access their reports for more than 24 hours.
Billing:
  • Users are responsible for paying all fees and charges associated with their use of the platform.
  • All fees are non-refundable, except as expressly provided in these terms and conditions.
  • In the event of billing errors, users must contact customer support at [email protected] within 72 hours to report the issue and request correction.
  • Failure to pay fees or charges will result in the suspension or termination of the user’s subscription.
Pricing and Account Termination:
  • Idea Consult® reserves the right to change the pricing of its services at any time. However, any changes in pricing will not affect existing customers until their subscription is up for renewal. Users will be notified of any price changes in advance of their renewal date. For current pricing, please visit our Pricing Plans.
  • In the event that Idea Consult® terminates your account without evidence of misuse, such as in the case of the company being sold or undergoing significant restructuring, you will be entitled to a pro-rated refund of any prepaid fees for the remaining period of your subscription. This refund policy does not apply if the account termination is due to a violation of our Terms and Conditions or any misuse of the platform.
Credit Policy:
  • Instead of refunds, credits will be applied to the user’s account for any overpayments or billing discrepancies.
  • Credits can be applied towards add-on purchases and/or future invoices for services provided by the platform.
  • Credits have no cash value and cannot be transferred or redeemed for cash.

11. Disputes

  • Any disputes regarding billing or refunds must be submitted in writing to [email protected] within 72 hours of the occurrence.
  • The platform will investigate disputes and provide a resolution in a timely manner.
  • Users agree to abide by the platform’s decision regarding billing and refund disputes.

12. Subscription Cancellation and Account Deletion

User-initiated Subscription Cancellation:
  • Users may cancel their subscription plan at any time by using the platform’s designated cancellation process.
  • Upon cancellation, users can no longer create new reports and business plans unless they re-subscribe to the platform. However, access to existing reports and business plans will be retained for 7 days after the end of the subscription period.
  • No refunds will be issued for any remaining subscription period at the time of cancellation.
User-Initiated Account Deletion:
  • A User must be assigned as the primary admin of the account to permanently delete the account.
  • Upon confirming the deletion of the account, all reports, business plans, and folders will be permanently deleted.
  • The subscription will be permanently canceled, and any remaining balance on the account will be forfeited.
  • All users on the team, if applicable, will be permanently deleted along with their data and reports. This action cannot be undone.
  • If there are additional users on this account, the admin will need to permanently delete their access before deleting the account. All users will lose all access to their account, data, and reports. This action is irreversible.
  • Users are encouraged to export any data or information they wish to retain from their account before initiating deletion, as the platform will not be able to retrieve or provide access to this data after cancellation.
Platform-initiated Account Deletion:
  • Idea Consult® reserves the right to delete or suspend a user’s account at any time for violation of these terms and conditions, misuse of the platform, or any other reason deemed necessary by Idea Consult®.
  • In the event of Idea Consult®-initiated cancellation, no refunds will be issued for any remaining subscription period.

13. Governing Law

  • These Terms and Conditions are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
  • You agree to submit to the exclusive jurisdiction of the courts located in Delaware for the resolution of any disputes arising out of or related to these Terms and Conditions or your use of our platform.

14. Arbitration Clause: Dispute Resolution and Arbitration

Agreement to Arbitrate:
  • Any dispute, claim, or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA).
Arbitration Process:
  • The arbitration will be conducted in English and held in Wilmington, Delaware. The arbitration will be conducted by a single arbitrator, mutually agreed upon by the parties. If we cannot mutually agree on an arbitrator, the arbitrator will be appointed by the AAA.
Arbitration Fees and Costs:
  • Each party will be responsible for their own arbitration fees and costs, except as otherwise required by the AAA rules. The prevailing party in any arbitration will be entitled to recover reasonable attorneys’ fees and costs.
Class Action Waiver:
  • You agree that any arbitration or proceeding will be limited to the dispute between us individually. To the full extent permitted by law, no arbitration or proceeding will be joined with any other; there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures, and there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration:
  • Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court in Wilmington, Delaware to protect its confidential information or intellectual property rights. The parties agree for such exceptions to submit to the personal jurisdiction of the courts located in Wilmington, Delaware.
Severability:
  • If any clause within this Arbitration Agreement (other than the Class Action Waiver clause) is found to be illegal or unenforceable, that clause will be severed from this Agreement, and the remainder of the Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, the entire Arbitration Agreement will be unenforceable, and the dispute will be decided by a court of competent jurisdiction in Wilmington, Delaware, and the parties agree to submit to the personal jurisdiction of that court.
Opt-Out:
  • You have the right to opt-out of this Arbitration Agreement by sending written notice of your decision to opt-out to [email protected] within thirty (30) days of first accepting these Terms and Conditions. Your notice must include your name, address, email address, and a clear statement that you want to opt out of this arbitration agreement.

15. Changes to Terms and Conditions

  • Idea Consult® reserves the right to modify or revise these Terms and Conditions at any time. Any changes will be effective immediately upon posting on the platform.
  • Your continued use of the platform after the posting of changes constitutes your acceptance of such changes.

16. Contact Us

If you have any questions about these Terms and Conditions, please contact us at [email protected].