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Terms & Conditions

Effective date: March 2026

1. Introduction

These Terms & Conditions (“Terms”) govern your access to and use of the Founder Capacity Index (“FCI”), a product operated by The Komo Club Pty Ltd (ABN 53 685 631 896) (“The Komo Club”, “we”, “us”, or “our”), based in Melbourne, Victoria, Australia. By accessing or using FCI, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use FCI.

2. Nature of the Service

FCI is a performance diagnostic and insight tool designed to assess founder and operator capacity across various domains (including performance, wellbeing, and behaviours) and provide insights, benchmarks, and recommendations. FCI is provided for informational and educational purposes only.

3. Eligibility

You must be:

  • at least 18 years old;
  • providing accurate and complete information; and
  • using FCI in a professional or personal capacity as a founder, operator, or similar role.

4. User Responsibilities

You agree to:

  • provide truthful and accurate responses;
  • not misuse, manipulate, or attempt to reverse engineer the platform; and
  • not use FCI for unlawful purposes.

5. Data Collection and Consent

By using FCI, you acknowledge and agree that you will provide personal and potentially sensitive data (including health, wellbeing, behavioural, and performance-related information) and you consent to the collection, use, and processing of this data in accordance with these Terms and our Privacy Policy.

6. Data Ownership and Usage

6.1 Your Data
You retain ownership of your personal data.

6.2 Licence to The Komo Club
You grant The Komo Club a worldwide, perpetual, irrevocable, royalty-free licence to:

  • use, analyse, and process your data;
  • generate insights, benchmarks, and reports; and
  • improve FCI and related products (including Komo OS and other offerings).

6.3 Aggregated and Anonymised Data
You expressly agree that The Komo Club may aggregate and anonymise your data, combine it with data from other users, and use it to:

  • generate benchmarks and insights;
  • produce reports (including commercial reports);
  • identify trends across industries, geographies, and stages; and
  • improve products and services.

Such data will not identify you or your company.

7. Fund and Portfolio Reporting

Where you access FCI as part of a venture capital, investment fund, or similar portfolio, your individual responses remain confidential. The Komo Club may provide aggregated, anonymised portfolio-level insights to the relevant fund. No individual-level data will be shared without your explicit consent.

8. Confidentiality

We will take reasonable steps to protect your personal data. However, you acknowledge that no system is completely secure and data transmission over the internet carries inherent risk.

9. Intellectual Property

All rights in FCI, including methodologies, frameworks, scores, benchmarks, and reports, are owned by The Komo Club. You may not:

  • copy, reproduce, or distribute FCI outputs commercially; or
  • reverse engineer or replicate the system.

10. No Professional Advice

FCI does not provide:

  • medical advice;
  • psychological advice;
  • financial advice; or
  • legal advice.

Any insights are general in nature. You are solely responsible for decisions made based on FCI outputs.

11. No Guarantees

We do not guarantee:

  • accuracy or completeness of insights; or
  • any specific outcomes or performance improvements.

12. Limitation of Liability

To the maximum extent permitted by law, The Komo Club is not liable for any indirect, incidental, or consequential loss. Total liability is limited to the amount paid for FCI (if any), or AUD $100 (if free).

13. Indemnity

You agree to indemnify The Komo Club against any claims arising from your misuse of FCI or breach of these Terms.

14. Third-Party Tools

FCI may rely on third-party services (e.g. analytics, data storage, integrations). We are not responsible for the performance or security of these services.

15. Future Changes

We may update FCI features, introduce paid tiers, or modify these Terms. Continued use constitutes acceptance of updates.

16. Termination

We may suspend or terminate access at any time if you breach these Terms or we discontinue the service.

17. Governing Law

These Terms are governed by the laws of Victoria, Australia.

18. Contact

The Komo Club Pty Ltd
Melbourne, Victoria, Australia
Email: contact@thekomoclub.com