Terms of Service
The terms that govern your use of smbnest.
Acceptance of these terms
By creating an account or using smbnest, you agree to these Terms of Service and our Privacy Policy. When you create an account, and whenever these terms change in substance, we ask you to accept them and the disclaimer before you can use your account; the exact text of that disclaimer, by version, is published at /terms/disclaimer, and we keep a record of each acceptance. If you do not agree, do not use the service.
What smbnest is
smbnest is a self-assessment platform. It gives you tools, benchmarks, business-model playbooks, market data and listings so you can stress test a business idea, check the numbers and work through diligence on your own.
smbnest is a self-assessment tool. It does not give individualized financial, investment, legal, accounting or tax advice, and it does not tell you whether to start, buy, sell, finance or invest in any business.
No advice and no professional relationship
Nothing on smbnest is a recommendation that you take or avoid any action. That includes tool results, scores, flags, insights, listings and answers from the guide. No one at smbnest acts as your financial adviser, investment adviser, broker, agent, attorney, accountant or fiduciary, and using smbnest does not create any such relationship. smbnest is not a registered investment adviser, broker-dealer or business broker.
Before you start, buy, finance, lease or sign anything, speak with a qualified financial adviser and a licensed attorney, and with a CPA about taxes. You are solely responsible for your decisions and for verifying anything you rely on.
Estimates, benchmarks and your inputs
Figures on smbnest are estimates and industry benchmarks compiled from public sources. Some are estimated where no direct public data exists, and those are labeled as estimates. Tool results depend entirely on the numbers you enter.
None of it is a forecast, appraisal, valuation or promise of any result, and a real business can perform worse than any figure shown. We do not audit, review or verify financial statements or other information you upload or enter.
The guide and automated insights
Some answers, insights and readings on smbnest are generated automatically, including by AI. They draw on the business model, its sources and the numbers in your plan. They can be wrong or incomplete, and they are general information, not advice about your situation.
Eligibility and your account
You must be at least 18 years old to use smbnest. You agree to provide accurate information and to keep it current. You are responsible for activity under your account and for keeping your credentials secure, and you agree to notify us promptly of any unauthorized use.
Membership, billing, and cancellation
Membership is a subscription. A plan may begin with an introductory period at one price (for example, $99 for the first three months) and then renew at the regular price shown before you pay (for example, $29 a month); a yearly plan renews each year at the price shown before you pay. The prices and the renewal terms are shown at checkout, beside the button that confirms the purchase.
Paid plans are billed in advance through our payment processor, Stripe, on the cycle you select. If we ever offer a free trial, we will tell you before it starts when it ends and what it converts to, and you can cancel before then at no charge.
Subscriptions renew automatically until you cancel. You can cancel at any time from your account page, and cancellation takes effect at the end of the current billing period. Except where required by law or expressly stated, fees are non-refundable.
Founding price: if you joined at a price we described as a founding price, you keep that price for as long as your membership stays continuously active. Otherwise we may change prices with at least 30 days' notice, effective at your next renewal. A one-time purchase of a single business model stays available to your account for as long as smbnest operates the service.
Acceptable use
You agree not to scrape, crawl, bulk-extract, reverse engineer, resell, or republish our content; not to use the service for any unlawful, infringing, or harmful purpose; and not to attempt to gain unauthorized access to the service or interfere with its operation.
Our content and intellectual property
The smbnest platform and its content - including business models, data, text, design, and software - are owned by smbnest LLC or its licensors and are protected by intellectual-property laws. We grant you a limited, personal, non-transferable license to use the free tools and content, the content you have purchased, and, while your membership (or a pass bought before membership replaced it) is active, the member content, in each case for your own use. No other rights are granted.
Third-party links, partners, and affiliates
The service links to third-party products and services, including vendors, software, lenders, insurers and franchises. Some of them pay us a referral fee when you use them through smbnest; where that applies, we say so on the marketplace and on the listing. A listing or referral is not an endorsement or a recommendation that you use that party, and it never changes our editorial content.
We do not control and are not responsible for third-party sites, products, or services, and your dealings with them are solely between you and the third party.
Businesses-for-sale listings
Where smbnest surfaces businesses for sale, we act solely as a media and information platform. We do not represent buyers or sellers, do not broker, negotiate or arrange transactions, do not independently verify listing details, do not take a fee from any sale, and do not hold or escrow funds.
Listings and any context we add are provided for information only. They are not an offer, recommendation, or solicitation to buy or sell any business or security, and they are not an appraisal of any business. You are responsible for conducting your own due diligence and engaging your own licensed professionals before entering any transaction.
Disclaimers
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE OR ITS CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PARTICULAR RESULT WILL BE ACHIEVED.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMBNEST AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES OR INVESTMENTS, INCLUDING LOSSES FROM ANY BUSINESS, FINANCING, INVESTMENT OR OTHER DECISION YOU MAKE USING THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE.
Nothing in these terms limits or waives rights that cannot be limited or waived under applicable law, including your rights under the Texas Deceptive Trade Practices-Consumer Protection Act.
Indemnification
You agree to indemnify and hold harmless smbnest from claims and expenses arising out of your misuse of the service or your violation of these terms.
Termination
We may suspend or terminate your access if you violate these terms or to protect the service and its users. You may stop using the service at any time.
Governing law
These terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Any disputes will be resolved in the state or federal courts located in Harris County, Texas, unless applicable law requires otherwise.
Severability
If any part of these terms is found unenforceable, that part will be limited or removed to the minimum extent necessary and the rest of these terms will stay in effect.
Changes to these terms
We may update these terms from time to time. When we do, we will revise the date below. When a change is material, we will ask you to accept the updated terms before you continue using your account.
Contact
smbnest LLC, Houston, Texas. Questions about these terms: hello@smbnest.com.