Terms of Use

Agreeing to these terms

These terms cover your use of nichemark.co and The Mark, our free business diagnostic. Both are run by Nichemark Consulting LLC (“Nichemark,” “we,” “us”). By using the site or The Mark, you agree to these terms. If you don't agree, please don't use them.

Our Privacy Policy explains how we handle your information and is part of these terms.

Who can use the site

You must be at least 18 to use The Mark. If you use it on behalf of a company, you're confirming you're allowed to share that company's information with us.

What The Mark is (and isn't)

The Mark is a free, automated tool. It turns your answers into a short read on your business or project: where it stands, where the gaps might be, and a first move to consider. Reads may be written with the help of AI, so they can contain mistakes.

• It's a starting point, not professional advice. Your read is general information based only on what you entered. It isn't legal, financial, tax, investment or accounting advice. For decisions in those areas, talk to a qualified professional.
• No promised results. Scores and suggestions are directional. Any decisions you make based on your read are your own.
• No engagement yet. Using The Mark, or getting a read, doesn't make you a Nichemark client. Consulting work only begins under a separate written agreement.

Your answers

Your answers and business information stay yours. By submitting them, you allow us to use them to:

• Create your read and send it to you
• Follow up with you
• Improve The Mark

We'll only use your answers to improve The Mark in ways that don't identify you or your business. We'll never publish your answers as yours without asking.

Please share only information you have the right to share, and don't include confidential information belonging to anyone else.

Our content

The site and The Mark belong to Nichemark or our licensors. That includes the questions, the scoring, the written reads, the copy, the design, and the Nichemark and The Mark names and logos.

Your read is yours to keep, save, print and share inside your business. Please don't copy, resell or republish The Mark or its content, scrape the site, or reverse-engineer how the tool works.

Using the site fairly

Please don't:

• Use bots or automated scripts on The Mark
• Submit false or harmful content
• Try to break, overload or get around the site's security
• Use the site to send spam, or for anything unlawful

We may block access to anyone who does.

Other sites and services

Our site may link to sites and services we don't control. We aren't responsible for their content or how they handle your information.

No warranties

The site and The Mark are provided “as is” and “as available.” To the fullest extent the law allows, we make no warranties of any kind, express or implied. That includes warranties of accuracy, fitness for a particular purpose and uninterrupted availability. We may change, pause or discontinue The Mark at any time.

Limits on our liability

To the fullest extent the law allows, Nichemark won't be liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data, arising from your use of the site or The Mark. Our total liability for any claim related to the site or The Mark won't be more than $100.

Some places don't allow certain of these limits. Where that's the case, they apply only as far as the law permits.

Governing law

These terms are governed by the laws of the state where Nichemark Consulting LLC is organized, without regard to its conflict-of-law rules. Before making a formal claim, please contact us first. Most concerns can be sorted out with a conversation.

Changes to these terms

We may update these terms from time to time. When we do, we'll change the effective date at the top of this page. If you keep using the site after an update, you're agreeing to the new terms.