1. Acceptance and Scope

These Terms of Service ("Terms") govern your use of Prophacite's website, intelligence products, and all related services. By purchasing a deliverable, submitting an intake form, or continuing to use this site after being presented with these Terms, you agree to be bound by them in full.

These Terms apply to all Prophacite intelligence products, including the Pre-Intent Intelligence Brief, Pre-Diligence Report, and R.I.S.K. Assessment, as well as any future products offered through this site.

2. Intellectual Property and License

Prophacite retains exclusive ownership of all methodologies, analytical frameworks, scoring systems, vector architectures, algorithmic processes, and trade secrets used to produce deliverables. This includes, without limitation, the D.A.S. engine and all proprietary systems, processes, and architectures used in its operation.

Upon full payment, you receive ownership of the specific deliverable purchased and a perpetual, non-exclusive license to use that deliverable for your internal business purposes.

You may not reverse-engineer, replicate, benchmark, or redistribute Prophacite's analytical methodology or any component thereof. You may not use any deliverable to build, train, or improve a competing analytical product or service. This prohibition survives termination of any engagement and applies to your affiliates, contractors, and service providers.

3. Analytical Technology Disclosure

Prophacite's analytical process uses a combination of proprietary frameworks, structured research methodologies, and technology-assisted analysis. Components of the analytical pipeline may incorporate machine learning tools, natural language processing, or other computational methods as part of the research and synthesis process.

You may not use any Prophacite deliverable, methodology description, or output as training data, fine-tuning input, evaluation benchmark, or prompt material for any machine learning model, machine learning system, or systematic analysis tool. This restriction applies regardless of whether the use is commercial or non-commercial.

4. Data, Sources, and Accuracy

All intelligence is derived from publicly available sources and, where applicable, information provided directly by the client during intake. Prophacite does not independently seek or deliver material non-public information (MNPI) beyond what a client voluntarily provides for use in their own engagement.

Certain engagements may incorporate data from proprietary or subscription-based sources not publicly available. Access to non-public source data requires a separate written agreement and is governed exclusively by the terms of that agreement.

Prophacite does not independently verify client-provided information and is not liable for analytical conclusions that rely on inaccurate or incomplete client inputs. All claims in deliverables are attributed to a source. Prophacite does not make recommendations, offer advisory opinions, or guarantee outcomes. Deliverables are analytical intelligence products, not investment advice, legal counsel, or regulated investigative research.

5. Confidentiality

Prophacite treats all client intake information as confidential and does not disclose client names or targets to third parties. Client business information is treated as confidential for three (3) years following the conclusion of an engagement.

You agree to treat any non-public information about Prophacite's methodology, pricing structures, and internal processes as confidential. Prophacite's analytical methodology, scoring systems, and proprietary frameworks constitute trade secrets and are confidential indefinitely.

Sharing deliverables with outside counsel, auditors, or board members under binding confidentiality obligations is permitted. Standard exceptions apply for information that is: (a) publicly available through no breach of this agreement, (b) independently developed, (c) rightfully obtained from third parties, or (d) required to be disclosed by law.

6. Refund and Guarantee

Prophacite's satisfaction guarantee is as described on the relevant product page and Our Guarantee page in effect at the time of purchase and is incorporated by reference into these Terms.

Payment is due before work begins. No refund is available for analytical disagreements where the underlying data was accurately sourced and correctly attributed. A free re-assessment is offered for interpretation disputes. No refund is available for information that was accurate at the time of delivery but changed after the delivery date.

7. Equitable Relief

You acknowledge that unauthorized use of Prophacite's protected methodology, deliverables, or trade secrets may cause irreparable harm for which monetary damages would be an inadequate remedy. Prophacite is entitled to seek injunctive or other equitable relief in any court of competent jurisdiction without the requirement to post bond, in addition to any other remedies available at law or in equity, notwithstanding the arbitration clause below. This section survives termination.

8. Limitation of Liability

Prophacite's total liability to any client for any claim arising from a deliverable is limited to the amount paid for that deliverable.

Prophacite is not liable for:

• Business decisions made on the basis of a deliverable
• Missed opportunities or lost profits
• Consequential, indirect, incidental, punitive, or special damages of any kind
• Actions taken or not taken by any company analyzed in a deliverable

Client acknowledges that all scores, assessments, and analytical findings represent probability-weighted intelligence derived from publicly available data. They are analytical assessments, not guarantees of any outcome.

9. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law provisions.

Any dispute arising from these Terms or from a Prophacite engagement, other than claims for injunctive or equitable relief under Section 7, shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with the seat of arbitration in Wilmington, Delaware. Judgment on the award may be entered in any court of competent jurisdiction.

The parties waive class arbitration and class action rights.

10. Survival

Sections 2 (Intellectual Property and License), 3 (Analytical Technology Disclosure), 5 (Confidentiality), 7 (Equitable Relief), 8 (Limitation of Liability), 9 (Governing Law and Dispute Resolution), and this Section 10 survive any termination or expiration of an engagement.

11. Changes to Terms

Prophacite may update these Terms at any time. Material changes will be communicated via email to the address on file or via prominent site notice at least ten (10) days before taking effect. The version in effect and accepted at the time of purchase governs that engagement. Continued use after notice of changes constitutes acceptance.

12. Acceptance

These Terms are accepted by checking the acceptance box at checkout or intake. A record of acceptance including timestamp, version number, email address, and IP address is retained. If you do not agree to these Terms, do not complete your purchase or submit an intake form.

13. Contact

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