INSTRATE LLC
Terms of service
Version 2026-10-16.2
These terms govern your use of the Strategic Fitness Advantage Engine, provided by INSTRATE LLC, California, USA, Employer Identification Number 83-0781261 (“INSTRATE”, “we”). By creating an account you accept these terms on behalf of the company you name at signup.
1. The service
The service has three parts: a strategic fitness diagnostic you complete about your company, an external assessment of your company built from market research, and a report that sets the two side by side and compares them with a benchmark of other companies.
2. Who may use it
The service is for businesses. You confirm that you are authorized to act for the company you name, and that the details you give us are accurate.
3. Your account
Keep your password confidential. You are responsible for activity under your account. If you suspect someone else has used it, write to info@instrate.com straight away.
4. Price and payment
The service is sold in two forms, priced in United States dollars at checkout. The full assessment covers the diagnostic, the external assessment, your position report and a Next Strategy Brief. Before payment, we check whether there is enough public evidence about your company to support an external assessment. When there is not, we offer the diagnostic alone at half the price: the diagnostic, your position report and a Next Strategy Brief, all built from your own answers, with no external assessment. Payments are processed by Stripe, and we issue an invoice for each payment.
5. All purchases are final
This version of the service is a one-time purchase, not a subscription, and payments are non-refundable.
One exception applies. When public evidence about your company is too thin for the external assessment to meet our publication standard, we deliver your report from your own diagnostic and refund half of the price you paid, to the payment method you used. We issue the refund within ten business days of the result.
6. What the report is
Your report is information about your company’s strategic fitness, drawn from your own answers and from public sources. It is not investment, legal, tax or financial advice, and decisions you take on it are yours.
The external assessment credits what your company has made visible in public. Strengths you keep private show in your own diagnostic.
7. Your information
You own your answers and your company’s information. You grant INSTRATE a license to use them to provide the service to you. Our privacy notice explains how we handle personal information.
Your company’s external assessment enters a published benchmark only with your separate, written consent.
8. Our property
The methodology, questions, scoring, software and report design belong to INSTRATE. You may use your report within your company. Reselling the service, or copying the methodology or the questions, requires our written agreement.
9. Acceptable use
Use the service only for your own company. Attempts to reach another customer’s data, to disrupt the service, or to reverse engineer it end your access.
10. Changes to the service and these terms
We improve the service over time. We tell you about material changes to these terms before they apply to you, and the version shown at the top of this page changes with them.
11. Disclaimer
To the extent the law allows, the service is provided as is, and INSTRATE makes no promise that a report will reach a particular result or suit a particular purpose.
12. Limitation of liability
To the extent the law allows, INSTRATE is not liable for indirect, incidental or consequential damages, and our total liability for any claim is limited to the amount you paid for the service in the twelve months before the claim.
13. Closing your account
You can ask us to close your account at any time by writing to info@instrate.com. We may suspend or close an account that breaks these terms.
14. Governing law
These terms are governed by the laws of the State of California, without regard to its conflict of laws rules. The state and federal courts in Orange County, California have exclusive jurisdiction.
15. Contact
INSTRATE, California, USA. info@instrate.com