Terms of Service
Effective Date: August 14, 2026
These Terms of Service ("Terms") govern your access to and use of the Numbers Are Sexy website and online tools, including the Membership Revenue Projector (together, the "Service"), provided by Kapok Consulting LTD ("Company," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.
Paid consulting engagements, diagnostic engagements, and advisory memberships are additionally governed by the signed agreement or order for that service; where a signed agreement conflicts with these Terms, the signed agreement controls for that service.
1. Acceptance of Terms
By accessing or using the Service, you represent that you are at least 18 years of age and have the legal authority to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. Description of Service
Numbers Are Sexy is a business analytics and strategic advisory service for membership and subscription businesses. We provide fixed-scope diagnostic and consulting engagements, recurring advisory memberships, and online tools that help membership and course creators project revenue, estimate key metrics such as lifetime value and maximum safe acquisition cost, and model growth scenarios from user-provided inputs. The online tools are provided for informational and educational purposes only. We do not sell physical goods.
3. Account Registration
To access certain features of the Service, you must provide your name and email address. You agree to provide accurate, current, and complete information and to update such information as necessary. You are responsible for maintaining the confidentiality of your access link and for all activities that occur under your account.
4. Disclaimer of Financial Advice
THE ONLINE TOOLS ARE NOT INTENDED TO PROVIDE, AND SHOULD NOT BE CONSTRUED AS, FINANCIAL, INVESTMENT, TAX, LEGAL, OR BUSINESS ADVICE. THE CALCULATIONS AND PROJECTIONS PROVIDED BY THE SERVICE ARE BASED ON SIMPLIFIED MODELS, USER-PROVIDED INPUTS, AND INDUSTRY-AVERAGE ASSUMPTIONS THAT MAY NOT REFLECT YOUR ACTUAL CIRCUMSTANCES.
You acknowledge and agree that:
- The projections are estimates only and actual results may differ materially;
- Past performance and industry averages do not guarantee future results;
- Many factors outside the scope of this model affect business outcomes, including market conditions, competition, seasonality, creative performance, and economic changes;
- You should consult with qualified financial, legal, and business professionals before making significant business decisions;
- You assume all risk and responsibility for decisions made based on the Service.
5. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable laws;
- Attempt to gain unauthorized access to the Service or its related systems;
- Interfere with or disrupt the integrity or performance of the Service;
- Reverse engineer, decompile, or disassemble any aspect of the Service;
- Use automated means to access the Service without our express permission;
- Misrepresent your identity or affiliation with any person or entity;
- Use the Service to transmit harmful code or malicious content.
6. Intellectual Property
The Service, including its design, features, content, and underlying technology, is owned by the Company and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.
You retain ownership of the data you input into the Service. By using the Service, you grant us a limited license to use, store, and process your data as necessary to provide the Service and as described in our Privacy Policy.
7. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, reliability, or completeness of any calculations, projections, or other content provided through the Service.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of any third party.
10. Modifications to Service and Terms
We reserve the right to modify, suspend, or discontinue the Service at any time without notice. We may also modify these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Service. Your continued use of the Service after any changes constitutes your acceptance of the modified Terms.
11. Termination
We may terminate or suspend your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to disclaimers, limitations of liability, and indemnification.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law provisions. Any dispute arising out of or related to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Baltimore County, Maryland, and you consent to the personal jurisdiction of such courts.
13. General Provisions
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Service.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
- Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
14. Contact Us
If you have questions about these Terms, please contact us at:
Kapok Consulting LTD
Email: contact@numbersaresexy.com