Terms of Service

Last updated: February 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Client") and Eagle Rock CFO Services LLC, a Pennsylvania limited liability company doing business as Eagle Rock CFO ("Company," "we," "us," or "our"), governing your access to and use of our website, platform, and services.

By creating an account, connecting an accounting platform, or otherwise accessing or using our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our services.

2. Description of Services

Eagle Rock CFO provides financial analytics software and fractional CFO services to businesses, delivered through:

  • Self-Serve Platform: A web-based software platform that connects to your accounting systems (e.g., QuickBooks Online) to provide financial dashboards, automated reports, and AI-generated insights. Access to the platform is governed by these Terms and the subscription plan you select.
  • Advisory Services: For certain plans, human-led fractional CFO, controller, treasury, and accounting services. The specific scope of advisory services may be further defined in a separate engagement agreement or statement of work.

Where a separate engagement agreement exists, it supplements these Terms. In the event of a conflict, the engagement agreement controls with respect to the advisory services it covers.

3. Account Registration and Eligibility

To use our platform, you must:

  • Be at least 18 years of age
  • Have the authority to bind the business entity you register on behalf of
  • Provide accurate and complete registration information
  • Maintain the security of your account credentials

You are responsible for all activity that occurs under your account. You must notify us immediately at nick+website@eaglerockai.com if you become aware of any unauthorized use of your account.

4. Subscription Plans and Payment

We offer multiple subscription tiers, including a free plan. Plan features, pricing, and limits are described on our pricing page and may be updated from time to time.

  • Free Plan: Provided at no cost with limited features. We reserve the right to modify, limit, or discontinue the free plan at any time with 30 days notice.
  • Paid Plans: Billed monthly in advance via Stripe. Payment is due at the start of each billing cycle. Failed payments may result in suspension of access.
  • Late Payments: Overdue balances on advisory services may incur interest at the lesser of 1% per month or the maximum rate permitted by applicable law.
  • No Refunds: Except as required by applicable law, subscription fees are non-refundable. You may cancel at any time, and your access will continue through the end of the current billing period.

5. Client Responsibilities

As a user of our services, you agree to:

  • Provide accurate, complete, and timely information necessary for us to perform our services
  • Grant appropriate access to accounting systems and financial data as required
  • Ensure you have proper authorization to share company financial data with us
  • Respond to our communications and requests in a timely manner
  • Use our platform only for lawful business purposes
  • Not attempt to reverse engineer, decompile, or disassemble our platform
  • Not use automated scripts or bots to access our platform without prior written consent

6. Confidentiality

We will maintain the confidentiality of your identifiable non-public financial information and will not disclose it to third parties except: (a) as necessary to perform our services, including through our service providers (e.g., cloud hosting, payment processors); (b) as required by law or legal process; (c) with your prior written consent; or (d) as described in Section 7 (Data License and Analytics) below.

Confidentiality obligations do not apply to information that: (i) is or becomes publicly available through no fault of ours; (ii) was known to us prior to your disclosure; (iii) is independently developed by us without use of your confidential information; or (iv) has been aggregated, anonymized, or de-identified such that it cannot reasonably be used to identify you or your business.

7. Data License and Analytics

By connecting your accounting platform or otherwise providing financial data to Eagle Rock CFO, you grant us a non-exclusive, royalty-free, worldwide license to access, store, process, and analyze your data for the following purposes:

  • Service Delivery: Providing the dashboards, reports, insights, and advisory services described in your plan
  • Product Improvement: Improving our platform, algorithms, benchmarks, and service offerings
  • Aggregated Analytics: Creating aggregated, anonymized, or de-identified datasets for market research, industry benchmarking, and internal business analysis
  • Business Development: Using aggregated, anonymized, or de-identified data to identify market trends, industry benchmarks, and business profiles that may represent strategic opportunities, including potential partnerships, investment opportunities, or acquisition opportunities. For the avoidance of doubt, we will not use your identifiable financial data to evaluate your specific business as an acquisition or investment target. Eagle Rock CFO and its affiliates, principals, and related entities may pursue transactions with businesses identified through aggregated market analysis.
  • Communications: Contacting you regarding our services, plan upgrades, or strategic introductions that we believe may be relevant to your business

We will not sell or share your identifiable financial data with third parties for their independent commercial use. Any business development or strategic outreach will come directly from Eagle Rock CFO.

This license survives termination of your account with respect to aggregated or de-identified data created prior to termination. Upon account termination, we will delete your identifiable financial data within 90 days, except as required for legal or compliance purposes.

8. Intellectual Property

All materials, methodologies, templates, algorithms, software, and tools we use to provide services remain our intellectual property. Your use of our platform grants you a limited, non-exclusive, non-transferable license to access and use the platform features available under your subscription plan for your internal business purposes.

You retain all rights to your financial data and proprietary business information, subject to the license granted in Section 7.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WE DO NOT WARRANT THAT OUR PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
  • WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU IN THE THREE (3) MONTHS PRECEDING THE CLAIM OR (B) FIVE HUNDRED DOLLARS ($500)
  • WE ARE NOT LIABLE FOR DECISIONS YOU MAKE BASED ON OUR DASHBOARDS, REPORTS, INSIGHTS, ANALYSIS, OR RECOMMENDATIONS

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Disclaimer

Our platform and services constitute financial analytics tools and advisory consulting services only. We are not:

  • A licensed CPA firm and do not provide audit, attestation, or assurance services
  • Providing legal, tax, or investment advice
  • Acting as a fiduciary, broker-dealer, or investment adviser
  • Guaranteeing any specific financial outcomes or fundraising results
  • Guaranteeing the accuracy or completeness of AI-generated reports or insights

Our use of aggregated, de-identified data for market analysis (Section 7) is conducted for Eagle Rock CFO's own internal business purposes and does not constitute investment advice, a recommendation, or a solicitation to you.

You should consult with appropriate licensed professionals for legal, tax, and audit matters.

11. Indemnification

You agree to indemnify, defend, and hold harmless Eagle Rock CFO Services LLC and its principals, members, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of our services; (b) your breach of these Terms; (c) your violation of any third-party rights; (d) any inaccurate or incomplete information you provide to us; or (e) your violation of any applicable law or regulation.

12. Term and Termination

These Terms are effective upon your first use of our services and continue until terminated.

  • Termination by You: You may cancel your account at any time through the platform or by contacting us. Your access continues through the end of the current billing period.
  • Termination by Us: We may suspend or terminate any account (including free accounts) at our sole discretion, with or without cause, upon 30 days notice. We may terminate immediately without notice for material breach, fraudulent activity, or violation of these Terms.
  • Effect of Termination: Upon termination, your right to access the platform ceases. We will delete your identifiable financial data within 90 days per Section 7. You remain responsible for any outstanding fees.

Sections 6, 7, 8, 9, 10, 11, 13, and 14 survive termination of these Terms.

13. Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions.

Any disputes arising under these Terms shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. Arbitration shall take place in Philadelphia, Pennsylvania. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: YOU AND EAGLE ROCK CFO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Arbitration Fees: Each party shall bear its own arbitration costs and attorneys' fees. AAA filing fees shall be split equally unless the arbitrator determines otherwise.

14. Force Majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemic, war, terrorism, labor disputes, power failures, internet or telecommunications outages, actions of government authorities, or failures of third-party services (including cloud hosting providers and accounting platform APIs).

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. For material changes that adversely affect your rights, we will make reasonable efforts to notify you via email. Your continued use of our services after such modifications constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our services.

16. Miscellaneous

  • Entire Agreement: These Terms, together with our Privacy Policy and any applicable engagement agreement, constitute the entire agreement between you and the Company
  • Severability: If any provision is found unenforceable, the remaining provisions will continue in effect
  • Waiver: Our failure to enforce any right or provision shall not constitute a waiver of that or any other right
  • Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.
  • Notices: Notices to you will be sent to the email address associated with your account. Notices to us should be sent to nick+website@eaglerockai.com.

17. Contact Us

If you have any questions about these Terms, please contact us at:

Eagle Rock CFO Services LLC
Email: nick+website@eaglerockai.com