Terms of Service

These Terms of Service ("Terms") govern access to and use of the Flywheel Growth Engine Platform (the "Platform") operated by Nob Hill Capital, LLC, a Colorado limited liability company doing business as Flywheel Growth Engines ("Flywheel," "we," "us," or "our").

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you may not access or use the Platform.

1. Platform Overview

The Platform is an AI-enabled growth system designed to support Core Definition development, Growth Engine design and management, analysis of company websites and collateral, strategic recommendations and outputs, and collaboration between clients and Flywheel Growth Architects.

The Platform includes software, AI systems, structured workflows, dashboards, and generated outputs (collectively, "Platform Services").

2. Eligibility and Account Responsibility

You must be at least 18 years old and authorized to act on behalf of your company.

You agree to provide accurate and complete information, maintain the confidentiality of your login credentials, and be responsible for all activity under your account.

You may not share accounts across unauthorized users, allow competitors to access the Platform, or use the Platform for benchmarking or competitive analysis.

3. Acceptable Use

You agree to use the Platform only for lawful business purposes.

You may not reverse engineer or attempt to extract underlying models, prompts, or methodologies, use the Platform to train competing AI systems, upload malicious code or harmful content, interfere with system performance or security, or use automated scripts, bots, or scraping tools without permission.

4. Client Data and Inputs

You may upload website URLs, documents and collateral such as presentations and case studies, and internal business information.

You retain ownership of your data.

By using the Platform, you grant Flywheel a limited license to process, analyze, and transform your data, generate outputs and recommendations, and improve system performance and accuracy in anonymized and aggregated form.

You represent that you have the right to upload all data and that it does not violate any laws or third-party rights.

5. AI-Generated Outputs

The Platform uses AI systems to generate insights, recommendations, and structured outputs.

You acknowledge that outputs are probabilistic and not guaranteed to be accurate or complete, are based on the inputs provided and system interpretation, and may vary even with similar inputs.

Flywheel does not guarantee accuracy, completeness, reliability, or specific business outcomes.

You remain solely responsible for all decisions made based on Platform outputs and how those outputs are interpreted and implemented.

6. No Professional Advice

The Platform does not provide legal, financial, investment, tax, or accounting advice.

While the Platform supports strategic decision-making, it does not replace professional advisors.

Use of the Platform does not create a fiduciary or advisory relationship unless explicitly defined in a separate written agreement.

7. Growth Architect Interaction

Some Platform Services involve interaction with Flywheel Growth Architects.

8. Intellectual Property

All Platform components are owned by or licensed to Flywheel, including the Flywheel Growth Engine framework, Core Definition methodology, Growth Operating System architecture, AI models, prompts, system logic, workflows, and outputs.

You may use Platform outputs internally for your business.

You may not republish, resell, or distribute outputs externally without permission, use outputs to create competing frameworks or services, or reverse engineer or replicate the Platform.

9. Platform Availability and Performance

We aim to provide reliable access but do not guarantee continuous or uninterrupted availability, error-free performance, or immediate processing times.

Platform features may change, improve, or be discontinued at any time.

10. Data Security

We implement reasonable safeguards to protect your data.

However, no system is completely secure, and you use the Platform at your own risk.

You are responsible for not uploading highly sensitive or regulated data unless agreed in writing and for managing your internal data governance policies.

11. Fees and Payment (If Applicable)

Certain Platform Services may require payment.

12. Confidentiality

We will treat your data as confidential and will not disclose it except as required to provide the Platform, as required by law, or in aggregated and anonymized form for system improvement.

13. Termination

14. No Warranties

The Platform is provided "as is" and "as available." We disclaim all warranties, including merchantability, fitness for a particular purpose, and accuracy or reliability.

15. Limitation of Liability

To the fullest extent permitted by law, Flywheel shall not be liable for indirect or consequential damages, lost revenue or business opportunities, or decisions made based on Platform outputs.

Total liability shall not exceed the amount paid to Flywheel in the preceding 12 months.

16. Indemnification

You agree to indemnify Flywheel against claims arising from your use of the Platform, your data or content, or your violation of these Terms.

17. Governing Law

These Terms are governed by the laws of the State of Colorado.

18. Arbitration

Disputes will be resolved through binding arbitration in Colorado. You waive the right to a jury trial and participation in class actions.

19. Changes to Terms

We may update these Terms at any time. Continued use of the Platform constitutes acceptance of updates.

20. Entire Agreement

These Terms, along with any service agreements, constitute the full agreement governing Platform use.

Flywheel Growth Engines

We build Flywheel Growth Engines that turn fragmented growth into predictable, compounding revenue for founder-led, mid-market companies.

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Flywheel Growth Engines

A Nob Hill Capital company

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