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Terms and Conditions of Use For the Startup Financial Model (SFM), a product of Boldmore Growth Partners, LLC (Boldmore). Please read these terms of use carefully before using this site or products.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE BELOW, EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND BOLDMORE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND BOLDMORE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 21 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

By using the SFM family of products, namely the web app and the associated reports and purchased downloads and any other products released by Boldmore (collectively “SFM” or “Boldmore”), the website StartupFinancialModel.com (the “Site”), any SFM application or application plug-ins (“Applications”), and all services and products of Boldmore, you agree to follow and be bound by these terms and conditions of use (the “Terms of Use”) and agree to comply with all applicable laws and regulations, including United States laws and regulations. In these Terms of Use, the words “you” and “your” refer to each customer, Site visitor, or Application user; “we”, “us” and “our” refers to collectively SFM products and StartupFinancialModel.com; and “Products and Services” refers to all products and services provided by us. Any Affiliated companies’ services or other third-party services, maintain their own terms of use and privacy policies which are separate from wholly owned Boldmore products and services.

It is your responsibility to review these Terms of Use periodically. If, at any time, you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use or to unsubscribe, please contact hello@boldmore.com.

SFM provides an intuitive, comprehensive startup financial modeling and business planning tool to individuals and companies. SFM hosts its software as a backend SaaS service for customers. The Site includes detailed financial calculations and reports generated by your input. SFM and its family of products is not a CPA firm or an investment advisory firm and is not engaged in the practice of public accounting or investment management. No information contained herein or obtained from Boldmore or SFM should be considered as financial, investment, accounting or tax advice, nor should it be considered a substitute for such advice.

Limited Permission to Download and Use:

SFM hereby grants you permission to download, view, and use the Products and Services solely for your business use and is not for commercial resale, where applicable. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use.

SFM grants you a limited, personal, non-exclusive, non-transferable license to use our Products or Services for your business planning use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Products or Services in any manner. You shall not remove any copyright or patent-related notice from any document or reproduction.

Member Account, Password, and Security:

You will either create or be assigned an account (including a user name and password) during the registration process. You are responsible for maintaining the confidentiality of the password and are responsible for all activities that occur under your account. You agree to (a) provide accurate, current, and complete information about you when registering your account and update that information as necessary, (b) maintain the security of your password and identification; (c) immediately notify hello@boldmore.com of any unauthorized use of your password or account, or any other breach of security, and (d) ensure that you log out from your account at the end of each session. Boldmore will not be liable for any loss or damage arising from your failure to comply with this section.

Confidential Information

Boldmore agrees to regard and preserve as confidential all your propriety information related to your business plan (“Confidential Information”) that you’ve entered into the Site and Boldmore agrees to hold Confidential Information in confidence for you and not to disclose Confidential Information to any person, firm or enterprise, unless specifically authorized by You for a period of two years following the termination of your subscription. Information will not be considered Confidential Information to the extent that such information is (i) currently in the possession of Boldmore; (ii) already known to be free of any restriction at the time it is submitted to the Site; (iii) learned from any independent third party free of any restriction; or (iv) available publicly through no fault of Boldmore.

Payment and Refunds:

If you purchase a paid subscription to SFM, you will be required to provide a valid credit card, which will only stored by our secure third-party payment gateway and used for automated monthly billing. SFM may be available free of charge on a limited time trial basis, which terms are subject to change without notice.

SFM is a PAY-AS-YOU-GO SERVICE (“Service”) and is billed quarterly per your preferred payment method among the payment options presented to you. Pricing quoted is subject to change without notice.

1. The Service is billed in advance on a quarterly basis and is non-refundable. There will be no refunds or credits for partial months of service.
2. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
3. For any Service price increases, your credit card that you provided will automatically be charged the new rate on your next billing cycle.

Cancellation and Termination:

You are solely responsible for properly canceling your account. Send an email request to hello@boldmore.com or if available you may cancel via your customer account profile. All of your electronic files will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.

1. If you cancel the Service before the end of your current paid up period, your cancellation will take effect at the end of said period.
2. Boldmore in its sole discretion has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account.

Dispute Resolution by Binding Arbitration:

Please read this carefully as it affects your rights. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our Customer Care Center at hello@boldmore.com. In the unlikely event that the SFM Customer Care Center is unable to resolve your complaint to your satisfaction (or if SFM has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration rather than in a court of competent jurisdiction. Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class actions are not permitted. You may elect to speak with independent counsel before using this Site or completing any purchase.

Arbitration Agreement:

1. Boldmore and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
   • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory
   • claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising and intellectual property)
   • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class and
   • claims that may arise after the termination of these Terms.
   You agree that, by entering into these Terms of Use, you and Boldmore are each waiving the right to a trial by jury or to participate in a class action. These Terms of Use evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms of Use.
2. A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party in accordance with the rules of the American Arbitration Association in Dallas, Texas (where arbitration that is agreed upon will occur). A Notice to Boldmore should be addressed to Boldmore Growth Partners, LLC, 950 E. State Hwy 114, Suite 160, Southlake, Texas 76092 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Boldmore and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Boldmore may commence an arbitration proceeding.
3. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If this specific proviso is found to be unenforceable, it is severable from the rest of the arbitration agreement.

Rights and Responsibilities of SFM:

Although we cannot make an absolute guarantee of system security, SFM takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email at hello@boldmore.com for help.
If SFM’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, SFM reserves the right to delete those files or to stop those processes. If the SFM technical staff suspects a user name is being used by someone who is not authorized by the proper user, SFM may temporarily disable that user’s access in order to preserve system security. In all such cases, SFM will contact the member as soon as feasible.

SFM reserves the right to refuse service to anyone and to cancel user access at any time for any reason or for no reason.

Rights and Responsibilities of the Users of SFM:

You are legally and ethically responsible for any User Content that you transmit using the SFM service that allows interaction or dissemination of information. In transmitting User Content, you agree that you will not submit any content:

1. that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
2. that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising);
3. that contains any computer virus, worms, or other potentially damaging computer programs or files; and
4. that otherwise violates these Terms of Use.

NO WARRANTY:

THE SITE, APPLICATIONS, AND ALL SERVICES AND PRODUCTS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BOLDMORE AND SFM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

BOLDMORE AND SFM MAKE NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE SERVICES AND PRODUCTS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE SERVICES AND PRODUCTS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY SERVICES AND PRODUCTS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE SERVICES AND PRODUCTS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY SERVICES AND PRODUCTS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. SFM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, ERRORS, VIRUSES, OR DELAYS IN OPERATION THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, SERVICES, INFORMATION OR SOFTWARE.

LIMITATION OF LIABILITY AND INDEMNIFICATION:

YOU WILL HOLD BOLDMORE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF BOLDMORE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF THERE IS LIABILITY FOUND ON THE PART OF BOLDMORE IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, EXCEPT AS ALLOWED PURSUANT TO THE BOLDMORE ARBITRATION AGREEMENT, CONTAINED IN OF THESE TERMS OF USE, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Compliance with Intellectual Property Laws:

When accessing, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and Products and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third-party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit or that is provided or transmitted using your SFM user account. All Site design, text, graphics, pictures, information, data, software, sound files, and the selection and arrangement thereof, Copyright © Boldmore Growth Partners, LLC. ALL RIGHTS RESERVED. Startup Financial Model, startupfinancialmodel.com, logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Boldmore Growth Partners, LLC. All other trademarks, product or service names and company names or logos cited herein are the property of their respective owners.

Children:

No persons under the age of 21 are eligible to use the Site or Applications and we ask that they do not submit any personal information to us.

Governing Law; Venue:

By using this Site or any Applications, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Texas. Any legal action or proceeding relating to your access to or use of the Site, an Application, or Services is governed by the Arbitration Agreement contained in these Terms of Use.

INQUIRIES:

BY USING THE SERVICES AND PRODUCTS OF SFM OR ACCESSING THE SFM SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER AND EMAIL ADDRESS TO BOLDMORE VIA THE SFM WEBSITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO BOLDMORE AND THAT BOLDMORE OR ITS AFFILIATES MAY CONTACT YOU AT THE NUMBER OR EMAIL SUBMITTED EVEN IF SUCH CONTACT INFORMATION APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).

ACKNOWLEDGEMENT:

BY USING SFM AND RELATED PRODUCTS AND SERVICES OR ACCESSING THE SFM WEBSITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.