Terms, Privacy & Refunds

Last updated: 5 September 2026

Terms of Service

1. Who these terms are between

These Terms of Service ("Terms") are a binding agreement between you and David Traylor, trading as Backend Bag, of [BUSINESS ADDRESS] ("we", "us", "our"), covering your use of the MOAT Diagnostic and any related website, content, report or service (together, the "Service").

By accessing the Service, creating an account, entering a payment method, redeeming an access code, or using any part of it, you agree to these Terms. If you do not agree, do not use the Service. If you are using the Service on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" means that entity.

2. Eligibility

You must be at least 18 years old and legally able to enter a contract. The Service is intended for business use. You may not use it if you are barred from doing so under applicable law, or if we have previously terminated your access.

3. What the Service is — and what it is not

The Service asks you diagnostic questions and returns an automatically generated report: an assessment of your stated position, a recommended next action, and follow-on suggestions. It also produces a sequence of subsequent suggested actions, unlocked as you confirm you have completed the previous one. The report is produced by a deterministic rules engine applied to the answers you type in. It does not verify anything you tell us and it has no knowledge of your business beyond your answers.

4. You are responsible for your own decisions

You alone decide whether to act on anything the Service produces, and you do so at your own risk. You are solely responsible for:

• the accuracy and completeness of the information you enter;
• evaluating whether any suggestion is appropriate, lawful and safe for your circumstances;
• complying with all laws, regulations, licensing requirements, contracts and professional obligations that apply to your business;
• any decision you make, action you take, or expenditure you incur, and its consequences.

Suggestions produced by the Service are generic in nature and may be unsuitable, impractical, or wrong for your specific circumstances. Where a suggestion touches on pricing, employment, delegation, contracts, safety, health, financial commitments or regulated activity, you must satisfy yourself independently that it is lawful and appropriate before acting.

5. Your account, access and codes

• Access is granted to you for your own business use. Do not share access, resell it, or make the Service available to others.
• You may share a report you have generated. That report is yours to use for your own business.
• Promotional, founder and access codes are personal, may be limited in number, may be withdrawn or invalidated at any time, carry no cash value, and must not be published, shared publicly, or sold.
• You are responsible for activity that occurs through your access, including through any device or browser you have used to access it.
• We may suspend, restrict or terminate access at any time, with or without notice, for suspected misuse, breach of these Terms, non-payment, chargeback, fraud, abuse, automated access, or conduct that harms the Service or other users.

6. Acceptable use

You must not, and must not permit anyone else to:

• copy, scrape, mine, reverse engineer, decompile, or attempt to derive the underlying logic, rules or content of the Service;
• use automated means to access the Service, create accounts, or generate reports;
• resell, sublicense, republish or redistribute the Service or its output as a product or service of your own, or use it to build or train a competing product;
• circumvent or attempt to circumvent any payment, access, rate limit or security measure;
• submit unlawful, infringing, defamatory or malicious content, or anyone else's personal data without a lawful basis;
• use the Service for any unlawful purpose or in breach of any applicable law.

7. Subscriptions, billing and automatic renewal

• The Service is offered on a recurring monthly subscription. The price displayed at checkout is the price that applies.
• Where a free trial is offered, a valid payment method is required at signup. You are not charged during the trial.
• Subscriptions renew automatically at the end of the trial and monthly thereafter, at the then-current price, until cancelled. By subscribing you expressly authorise these recurring charges.
• You may cancel at any time, including during the free trial, through the billing portal linked inside the Service. Cancellation stops future renewals; it does not refund a period already started.
• Payments are processed by Stripe. We do not receive or store your full card details. Your use of Stripe is subject to Stripe's own terms.
• If a payment fails, we may retry it, suspend access, or terminate the subscription.
• You are responsible for any taxes applicable to your purchase other than taxes on our income.
• We may change pricing. Changes apply from your next renewal following reasonable notice.
• Chargebacks: if you believe a charge is wrong, contact us first. Raising a chargeback without contacting us may result in immediate termination of access, and you agree we may recover reasonable costs incurred in responding to a chargeback that is found to be unjustified.

8. Your content

You retain ownership of the answers and other information you submit ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process and use Your Content for the purposes of operating, securing, supporting and improving the Service. You confirm you have the right to submit Your Content and that doing so does not breach any law or third-party right.

We will not publish Your Content or your report. If you submit a testimonial, we will only publish it where you have explicitly given permission, and only in the form you provided or an abridged version that does not change its meaning.

9. Our content and intellectual property

The Service, including the diagnostic framework, question set, underlying logic and rules, report structure and all wording, is owned by us or our licensors and is protected by intellectual property laws. You are granted a limited, revocable, non-exclusive, non-transferable licence to use the Service and your own reports for your own business purposes only. All rights not expressly granted are reserved. No rights are granted by implication or estoppel.

10. Third-party services

The Service relies on third parties including Stripe (payments), Netlify (hosting and storage) and an email delivery provider. We are not responsible for the acts, omissions, availability, security or terms of any third party, and any third-party links or references are provided without endorsement.

11. Availability and changes

We aim to keep the Service available but do not guarantee uninterrupted, timely, secure or error-free operation. We may modify, suspend, limit or discontinue any part of the Service at any time. If we discontinue the Service entirely while you hold a paid subscription, we will stop billing you and give you a reasonable opportunity to retrieve your reports.

12. Disclaimer of warranties

13. Limitation of liability

14. Indemnity

You agree to indemnify, defend and hold harmless us, our owners, officers, employees, contractors and agents from and against any claims, demands, proceedings, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service; (b) any action you take or decline to take based on a report; (c) Your Content; (d) your breach of these Terms or of any law; or (e) your infringement of any third-party right. We may assume exclusive defence and control of any matter subject to indemnification, at your expense, and you agree to cooperate.

15. Termination

You may stop using the Service at any time and cancel through the billing portal. We may suspend or terminate your access at any time under clause 5. On termination, your licence ends immediately. Clauses 3, 4, 8, 9, 12, 13, 14, 16, 17 and 18 survive termination.

16. Dispute resolution

Informal resolution first. Before starting any formal proceeding, you agree to contact us at [CONTACT EMAIL] and give us 30 days to resolve the matter in good faith. Most issues are resolved this way.

Binding arbitration and class action waiver. If a dispute is not resolved informally, and to the fullest extent permitted by applicable law, any dispute arising out of or relating to the Service or these Terms will be resolved by final and binding individual arbitration administered in the State of Arkansas, United States under the rules of the American Arbitration Association (AAA), rather than in court, except that either party may bring an individual claim in small claims court.

You and we each waive any right to a jury trial and any right to participate in a class, collective, consolidated or representative action. If this waiver is found unenforceable as to a particular claim, that claim will proceed in court and the rest of this clause will still apply to all other claims.

Where mandatory local law gives you the right to bring proceedings in your own courts or prohibits pre-dispute arbitration agreements for consumers, that law prevails over this clause to the extent of any conflict.

17. Governing law and venue

These Terms and any dispute arising from them are governed by the laws of the State of Arkansas, United States, without regard to its conflict of laws rules. Subject to clause 16, the courts of the State of Arkansas, United States have exclusive jurisdiction, and you consent to that venue. Where mandatory consumer protection law in your country of residence gives you additional rights or a different venue, those rights are not affected.

18. General

• Changes. We may update these Terms. Material changes will be notified to subscribers by email or in the Service before they take effect. Continued use after that constitutes acceptance.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the rest remains in force.
• No waiver. A failure to enforce any provision is not a waiver of it.
• Entire agreement. These Terms, together with the policies linked here, are the entire agreement between us regarding the Service and supersede all prior discussions, representations and understandings.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets.
• Force majeure. We are not liable for failure or delay caused by events beyond our reasonable control.
• Electronic communications. You consent to receive communications from us electronically, and agree that electronic communications satisfy any legal requirement that communications be in writing.
• No third-party beneficiaries. These Terms confer no rights on anyone other than you and us.
• Relationship. Nothing here creates a partnership, joint venture, employment or agency relationship.

19. Contact

Questions about these Terms: [CONTACT EMAIL].

Results & Earnings Disclaimer

Any figure, example, timeframe, case study, testimonial or scenario appearing anywhere in the Service or our marketing is illustrative only. It is not a promise, projection, or typical result, and it should not be understood as what you can expect.

Business results depend on many factors we do not control and cannot assess, including your effort, skill, experience, capital, staff, market conditions, competition, timing, pricing, regulation and luck. Many businesses that act on good advice still do not succeed. You may make no money. You may lose money.

Testimonials reflect the experience of the individual giving them. They are not representative, not verified as to outcome, and are not a guarantee that you or anyone else will achieve similar results. Where a testimonial is published, it is published with that person's permission.

Where a report refers to prices, rates, timings, seasons, counterparties, legal or regulatory matters, these are general observations that may be inaccurate, out of date, or inapplicable in your location or trade. Verify anything before you rely on it.

Privacy Policy

This policy explains what we collect, why, and what you can do about it. For data protection purposes the controller is David Traylor, [BUSINESS ADDRESS], contactable at [CONTACT EMAIL].

What we collect

• Your diagnostic answers — what you tell us about your market, capacity, customers, offers, pricing and channels, including free-text fields. This is the substance of the Service.
• Your generated reports and which suggested moves you have marked complete.
• Your email address, if you ask us to email a report, request a call, or report a problem.
• Payment information — via Stripe, not us. Card details are entered on Stripe's own checkout and are never sent to or stored on our servers. We hold a Stripe customer reference and your subscription status.
• A pseudonymous visitor identifier in a cookie, so a browser can reach its own reports and subscription without requiring a login.
• Usage events — which screens were reached and when a report was generated or a move confirmed.
• Technical data — IP address, browser type and approximate region, collected by our hosting provider for security and abuse prevention.
• Testimonials you choose to submit, with your sharing preference recorded alongside them.

Please do not enter sensitive personal data, other people's personal data, health information, or anything confidential into the free-text fields. The fields are there for business context only.

Why we use it, and our legal basis

• To provide the Service — generate, store and re-display your report, and generate later moves from your original answers. Basis: performance of a contract.
• To manage your subscription and access. Basis: performance of a contract; legal obligation for tax records.
• To email your report and one follow-up asking whether you took the move. Basis: performance of a contract and our legitimate interest in a service that gets used.
• To understand drop-off and improve the product, in aggregate. Basis: legitimate interests.
• To respond to you when you request a call or report a problem. Basis: legitimate interests.
• To prevent fraud and abuse and to secure the Service. Basis: legitimate interests; legal obligation.

We do not sell or share your personal information as those terms are defined under the California Consumer Privacy Act, and we do not use your diagnostic answers for advertising or for training third-party models.

Who else processes it

• Stripe — payments and subscription management, as an independent controller of your payment data under its own privacy policy.
• Netlify — hosting, and storage of reports and answers.
• Our email delivery provider — to send report emails and follow-ups.

Each acts on our instructions for those purposes only, under contract. We do not otherwise disclose your data except where required by law, to enforce our terms, to prevent fraud or harm, or in connection with a merger or sale of the business (in which case we will notify you).

International transfers

Our providers may process data in countries other than yours, including the United States. Where required, transfers are made under appropriate safeguards such as Standard Contractual Clauses or an adequacy decision.

How long we keep it

Reports and answers are kept while your account is active and for up to 24 months afterwards, so you can return to them. Ask us to delete them sooner and we will. Billing and tax records are kept for as long as law requires, typically six to seven years.

Your rights

Depending on where you live, you may have the right to access, correct, delete, port, restrict or object to our processing of your personal data, to withdraw consent, and to complain to a supervisory authority. California residents may additionally request disclosure of categories of personal information collected and request deletion, and will not be discriminated against for exercising those rights.

Email [CONTACT EMAIL] and we will respond within the period required by applicable law (and in any case within 30 days where practicable). We may need to verify your identity. Deleting your data removes your reports and move history and we cannot regenerate them.

Cookies

We use a small number of strictly functional cookies: one to identify your browser so it can reach its own reports and subscription, and one for owner access where applicable. We do not use advertising or third-party tracking cookies. Blocking these cookies will prevent the Service from working.

Security

We take reasonable technical and organisational measures to protect your data, including transport encryption and signed session identifiers. No method of transmission or storage is completely secure, and we cannot guarantee absolute security. You are responsible for keeping your own devices and access secure. If a breach affecting your personal data occurs, we will notify you and any regulator as required by law.

Children

The Service is for businesses and is not directed at anyone under 18. We do not knowingly collect data from children. If you believe a child has provided data, contact us and we will delete it.

Changes

We may update this policy. Material changes will be notified before they take effect.

Refund Policy

The short version

Once a report has been generated, that billing period is not refundable. The report is the product, and generating it is the delivery. It cannot be returned, and by the time you have read it you have had the whole thing.

By purchasing and generating a report, you request immediate delivery of digital content and acknowledge that you lose any statutory right to cancel once delivery has begun, to the extent permitted by the law that applies to you.

Before a report is generated

If you have subscribed but not yet generated a report, contact us within 14 days and we will refund that payment in full.

The free trial

The first month is free and requires a card. Cancel at any time before it ends and you are not charged, so there is nothing to refund. We recommend cancelling in the billing portal rather than waiting to ask afterwards.

Renewals

Subscriptions renew automatically. If a renewal caught you out and you have not generated a report in that billing period, contact us within 14 days of the charge and we will refund it. If you have generated a report in that period, we will not — but see below.

If the report did not help you

This is deliberately not a refund path. If the diagnostic did not land — the move does not fit your business, or it missed something the questions could not see — we would much rather fix it than refund it. Use the "Something not right?" section at the end of your report and choose "the advice doesn't fit my business". That routes you to a priority call, working through your actual numbers, which is worth considerably more than one month's subscription.

If something is broken

If the Service genuinely malfunctioned — a page failed, a report would not generate, an email never arrived — that is a fault, not a satisfaction issue. Report it through the same section and choose "something is broken". It is free, never a paid path, and if a fault prevented you from getting your report at all we will refund that period.

Founder and promotional codes

Founder access is granted free of charge, so there is nothing to refund. Discounted subscriptions follow this same policy, applied to the amount actually paid.

Buildout and consulting work

One-off buildout, consulting and call bookings are quoted and scoped individually. Deposits secure time and are non-refundable once that time has been reserved. Any further refund terms are those agreed in writing at the time of booking.

How to request one

Email [CONTACT EMAIL] from the address on the subscription. We aim to respond within 3 business days, and approved refunds return to the original payment method within 5–10 business days. Please contact us before raising a chargeback — see clause 7 of the Terms.