Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Exit OSx website at exitosx.com, the application at app.exitosx.com, and the related services we provide (collectively, the “Service”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

“Exit OSx,” “we,” “us,” and “our” refer to the operator of the Service. “You” refers to the individual or entity using the Service.

1. Eligibility and account

You must be at least 18 years old and able to form a legally binding contract to use the Service. If you use the Service on behalf of a business or other entity, you represent that you have authority to bind that entity to these Terms, and “you” refers to both you and the entity.

You are responsible for the accuracy of information you provide when you create your account, for keeping your credentials confidential, and for all activity that occurs under your account. Notify us promptly at the email below if you suspect unauthorized use of your account.

2. What the Service does (and does not) do

Exit OSx helps business owners assess exit readiness, model valuations, plan personal financial outcomes from a sale, organize improvement work, and prepare for a transaction. The Service generates analytical output based on information you and your connected systems provide.

The Service is not a substitute for professional advice. Output from the Service — including valuations, scorecards, retirement projections, tax estimates, and similar — is informational and educational only. It is not legal, tax, accounting, investment, brokerage, insurance, or financial advice. You should consult qualified professionals before making decisions based on Service output.

We do not represent or warrant that any valuation, projection, score, or recommendation produced by the Service is accurate, complete, or suitable for any particular purpose. Actual outcomes — including the actual price your business may sell for, taxes you may owe, or the financial result of any decision — may differ materially from what the Service indicates.

3. Subscriptions, trials, and billing

Some features of the Service are available only with a paid subscription. We may offer a free trial of paid features. Trial terms, including duration and which features are available, are presented at signup. Unless you cancel before the trial ends, your subscription will automatically convert to paid at the rate displayed at signup.

Subscription fees are billed in advance on a recurring basis (monthly or annual, depending on the plan you select) through our payment processor, Stripe. You authorize us to charge the payment method you provide. Fees are non-refundable except as required by law or as expressly stated in these Terms.

You can cancel a subscription at any time from inside the Service. Cancellation takes effect at the end of your current billing period; you will retain access to paid features until that period ends. We may change subscription pricing on reasonable notice; new pricing will apply to your next billing period.

4. Your content and data

You retain all rights in the information, files, and content you submit to the Service (“Your Content”). By using the Service, you grant Exit OSx a limited, non-exclusive, worldwide, royalty-free license to host, copy, transmit, and process Your Content solely to provide the Service, including generating analytical output you request.

We may use aggregated and de-identified data derived from Your Content — data that does not identify you or your business — to operate, secure, and improve the Service and to develop new features. We do not sell Your Content to third parties.

You are responsible for the legality, accuracy, and quality of Your Content. You represent that you have all rights necessary to provide Your Content to the Service and that Your Content does not violate any law or third-party right.

5. Third-party integrations

The Service may let you connect third-party services (such as QuickBooks Online) to import or exchange data. When you connect a third-party service, you authorize the data exchange and agree that the third-party service’s own terms and privacy policy govern its handling of your data. We are not responsible for third-party services or their practices. You can disconnect a third-party integration at any time.

6. Acceptable use

You agree not to:

• Use the Service in violation of any law, regulation, or third-party right;
• Reverse engineer, decompile, or attempt to extract source code from the Service, except to the extent applicable law expressly permits;
• Use automated means to access the Service in a way that imposes unreasonable load on our systems, or to scrape, harvest, or extract data other than through features we expressly provide;
• Probe, scan, or test the vulnerability of the Service or breach security or authentication measures;
• Use the Service to transmit malware, abusive content, or content that infringes third-party rights;
• Resell, sublicense, or otherwise make the Service available to third parties outside the scope of your subscription, except for invited collaborators acting within your workspace;
• Misrepresent your identity, impersonate another person, or provide false information to the Service.

7. Intellectual property

The Service, including the software, design, content, and analytical models we develop, is owned by Exit OSx and its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service in accordance with these Terms and any plan you subscribe to. No other rights are granted, whether by implication or otherwise.

If you provide us with feedback or suggestions about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without restriction or obligation.

8. Privacy

Our handling of personal information is described in our Privacy Policy. By using the Service, you acknowledge our Privacy Policy.

9. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, EXIT OSX DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

EXIT OSX DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT ANY ANALYTICAL OUTPUT, VALUATION, PROJECTION, OR RECOMMENDATION WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EXIT OSX OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, LOST DATA, LOST BUSINESS OPPORTUNITY, OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF EXIT OSX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXIT OSX’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID EXIT OSX IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, the disclaimers and limits above apply only to the maximum extent permitted by law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Exit OSx and its directors, officers, employees, agents, and licensors from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) Your Content; (b) your use of the Service in violation of these Terms; or (c) your violation of any law or third-party right.

12. Termination

You may stop using the Service at any time. You may cancel your subscription from inside the Service.

We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe you have violated these Terms, if your account becomes inactive, or if we discontinue all or part of the Service. On termination, your right to use the Service ends immediately. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, and indemnification) will survive.

13. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts. If you are a consumer with rights under your home jurisdiction’s mandatory consumer-protection laws, those rights are not affected.

14. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the “Effective date” above and, where appropriate, notify you through the Service or by email. Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.

15. Miscellaneous

These Terms (together with the Privacy Policy and any plan-specific terms you agree to) are the entire agreement between you and Exit OSx regarding the Service and supersede any prior agreements. If any provision is held unenforceable, the remaining provisions will continue in full force. Our failure to enforce any provision is not a waiver of that provision. You may not assign these Terms without our consent; we may assign them without restriction.

16. Contact us

Questions about these Terms can be sent to brad@bradfeldman.com.