CheckoutIndex Terms of Use

For US Market

Last Modified: January 20, 2026

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Acceptance of the Terms of Use

These terms of use are entered into by and between you and Pretty Damn Quick Ecommerce Inc. ("Company," "we,", "us", or “PDQ”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to, use of CheckoutIndex and use of the Materials.

Please read the Terms of Use carefully. 

By using CheckoutIndex, proceeding to submit information after being notified that these Terms of Use will apply, or after  or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. All information we collect and how we process it when you use CheckoutIndex is set out in our Privacy Policy, found athttps://www.prettydamnquick.com/privacy-policy incorporated herein by reference. 

When you request a copy of the CheckoutIndex to be sent to you be email, you may be contacted by PDQ to discuss our other products and services. Where we are required by law to obtain your consent to do this, you will be asked to click to provide your consent. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use CheckoutIndex. 

CheckoutIndex is offered and available to users who are 18 years of age or older and only to individuals in the US.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of CheckoutIndex thereafter. 

Your continued use of CheckoutIndex following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

Accessing CheckoutIndex

CheckoutIndex is an AI-driven analytics tool designed to analyze checkout pages of businesses in accordance with the improvement options you select from the tool. The analysis offers recommendations to improve the checkout page of the business you chose to analyze using the tool. 

We reserve the right to withdraw or amend CheckoutIndex, and any service or material we provide on CheckoutIndex, in our sole discretion without notice. We will not be liable if for any reason all or any part of CheckoutIndex is unavailable at any time or for any period. 

By accessing CheckoutIndex, You agree to use the tool in accordance with its purpose and are responsible for:

  • Making all arrangements necessary for you to have access to CheckoutIndex; and
  • Ensuring that all persons who access CheckoutIndex through your internet connection are aware of these Terms of Use and comply with them.

To access CheckoutIndex you may be asked to provide certain personal information (e.g. name email address). It is a condition of your use of CheckoutIndex that all the information you provide to CheckoutIndex is correct, current, and complete. 

User Content; Inputs and Output Ownership

Using CheckoutIndex requires inputting a business’ URL for the purposes of analysis. By entering information into CheckoutIndex, including a business’ URL, You warrant that you are authorized to input that data, that the data is accurate, and that You are responsible for any contribution to CheckoutIndex including its legality and accuracy.

PDQ is not responsible or liable to any third party for the content or accuracy of any inputs to or outputs (“Materials”) of CheckoutIndex. We do not warrant the accuracy, completeness, or usefulness of Materials. Any reliance you place on such Materials is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such Materials by you or any other user of CheckoutIndex, or by anyone who may be informed of any of its contents.

Intellectual Property Rights and Trademarks

CheckoutIndex and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) and the Materials are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, as applicable.

CheckoutIndex and the Company logo are trademarks of the Company and all related names, logos, product and service names, designs, and slogans are the intellectual property of PDQ, its affiliates, or licensors. 

You must not delete, alter, or use any copyright, trademark, or other proprietary rights notices from copies of Materials from CheckoutIndex.

Prohibited Uses

You may use CheckoutIndex only for lawful purposes and in accordance with these Terms of Use. You agree not to use the CheckoutIndex:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), including by entering URLs from legally prohibited websites;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
  • To engage in any other conduct that restricts or inhibits anyone's use of CheckoutIndex, or which, as determined by us, may harm the Company or users of CheckoutIndex, or expose them to liability; and
  • To engage in any other conduct in respect of a business other than the business you own and/or are engaged to work for in any capacity, which, as determined by us, may harm such other business, including but not limited to: (i) accessing, testing, scanning, analyzing, or interacting with any website, checkout flow, system, or URL that is not publicly accessible or for which you lack lawful authority to visit; (ii) using the CheckoutIndex or Materials to reverse engineer, misappropriate trade secrets, violate the Company’s or a third party’s intellectual property rights, or engage in unfair competition; or (iii) publishing or using Materials in a false, misleading, deceptive, or defamatory manner.

Additionally, you agree not to:

  • Use CheckoutIndex in any manner that could disable, overburden, damage, or impair the tool or interfere with any other party's use of CheckoutIndex;
  • Use any manual process to monitor or copy any of the material on CheckoutIndex, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
  • Use any device, software, or routine that interferes with the proper working of CheckoutIndex;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of CheckoutIndex, the server on which CheckoutIndex is stored, or any server, computer, or database connected to CheckoutIndex;
  • Attack CheckoutIndex via a denial-of-service attack or a distributed denial-of-service attack; and
  • Otherwise attempt to interfere with the proper working of CheckoutIndex.

Monitoring and Enforcement; Termination

We have the right to:

  • Take any action with respect to use of CheckoutIndex that we deem necessary or appropriate in our sole discretion, including if we believe that Your use violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of CheckoutIndex or the public, or could create liability for the Company;
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of CheckoutIndex; 
  • Terminate or suspend your access to all or part of CheckoutIndex for any or no reason, including without limitation, any violation of these Terms of Use; and
  • In our sole discretion, to modify, edit, or remove any analysis produced by CheckoutIndex for any reason. By using CheckoutIndex,  you grant the Company the right to make such modifications or edits on the outputs of the tool as deemed necessary or appropriate by the Company.

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Reliance on Information Posted

The information presented on or through the Website and the Materials, is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information and the Materials. Any reliance you place on such information and Materials is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such Materials by you or by anyone who may be informed of any of its contents.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant the Materials will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Disclaimer of Indirect Damages

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS BE LIABLE UNDER ANY LEGAL THEORY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF REVENUE, GOODWILL, PRODUCTION, OR ANTICIPATED SAVINGS,  OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OF OR FAILURE TO PERFORM OF CHECKOUTINDEX OR MATERIALS (INCLUDING ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OR DESTRUCTIVE PROPERTIES OF THE MATERIALS OR CHECKOUT INDEX), WHETHER ALLEGED AS A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

‍Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, CHECKOUTINDEX AND ANY MATERIALS, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use and/or your use of CheckoutIndex and/or the Materials.

Governing Law and Jurisdiction

This Agreement will be governed by the laws of the Delaware, U.S.A., without giving effect to any conflicts of laws provisions.  Neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act will apply to this Agreement. Any claim, suit, action or proceeding arising out of or relating to this Agreement or its subject matter will be brought exclusively in the state or federal courts of Wilmington County, Delaware, and each party irrevocably submits to the exclusive jurisdiction and venue of such courts. No claim or action, regardless of form, arising out of this Agreement may be brought by either party more than one (1) year after the earlier of the following: a) the expiration or termination of all Subscriptions, b) the termination of this Agreement, or c) the time a party first became aware, or reasonably should have been aware, of the basis for the claim. To the fullest extent permitted, each party waives the right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement

The Terms of Use, and our Privacy Policy constitute the sole and entire agreement between you and PDQ regarding CheckoutIndex and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding CheckoutIndex.