These Terms of Service ("Terms") govern access to and use of the vCFO platform and related services ("Services") provided by ElasticD3M, LLC ("ElasticD3M", "we", "us"). By purchasing or using the Services, the customer ("you") agrees to these Terms.
vCFO is an Agent-as-a-Service platform. Coordinated software agents produce financial analysis, forecasts, scenarios, reporting, and control observations from data you connect. A human on your side reviews and approves material outputs and any external action. We provide operational leverage; we do not replace your executive decision-making.
vCFO is not an accounting firm, auditor, registered investment adviser, broker-dealer, or law firm. The Services do not constitute an audit, attestation, examination, review, tax filing, fairness opinion, investment advice, or legal advice. Where the Services support an internal-control or financial-reporting program, they assist your management and your independent auditor; they do not perform, replace, or substitute for either. We express no opinion or conclusion on the effectiveness of any control or on the fairness of any financial statement. You are responsible for your financial decisions and for engaging licensed professionals where required.
You must be a business entity and at least the age of majority in your jurisdiction. At checkout or on execution of an order you certify that (a) you are authorized to bind your organization to these Terms, and (b) your organization, its parent, and its beneficial owners are not subject to U.S. sanctions and are not named on any prohibited-party list. These certifications are recorded with your purchase. You are responsible for the acts and omissions of your users and for the security of credentials issued to you.
Subscriptions are billed monthly or annually in advance through our payment processor. Subscriptions are month-to-month unless you select an annual term. Fees are stated on the pricing page and are exclusive of taxes; you are responsible for applicable sales, use, VAT, and similar taxes, excluding taxes on our income. Undisputed amounts not paid when due may accrue interest at the lower of 1.5% per month or the maximum permitted by law. We may change fees on renewal with at least thirty days' notice; a fee change does not apply to a term you have already prepaid.
The Enterprise tier is sold under a separately executed written agreement and is not purchased through self-serve checkout. Where you and ElasticD3M execute a master agreement, order form, or statement of work, that document governs and controls over these Terms to the extent of any conflict. These Terms continue to govern all self-serve subscriptions.
As between the parties, you retain all right, title, and interest in data you connect, upload, or generate through the Services ("Customer Data"). You grant us a limited, non-exclusive licence to host, process, and transmit Customer Data solely to provide, secure, and support the Services, and to comply with law.
We do not use Customer Data to train, fine-tune, or otherwise improve any general-purpose or foundation model, and we do not permit our subprocessors to do so. We may use aggregated, de-identified operational metrics that do not identify you or any individual to monitor and improve service reliability and cost.
Processing is described in our Privacy Policy and Data Processing Addendum. Our subprocessors are listed at Subprocessors. Production data is processed in United States regions.
The Services generate output using artificial intelligence. AI output can be incomplete or incorrect, including output that appears confident and well-formed. Forecasts, scenarios, and projections are estimates based on the data supplied and the assumptions applied; they are not guarantees of outcome, and actual results will differ.
Control observations, exceptions, and variances the Services surface are items for your review. They are not findings of fact, determinations of wrongdoing, or conclusions about any person, and the Services do not claim to identify every exception in your data.
You are responsible for reviewing output before relying on it. No external communication, transmission to a third party, or financial action is taken on your behalf without a recorded approval by your authorized personnel. You must not configure or use the Services in a way that removes that human review from a material decision.
The Services read from systems you authorize, such as accounting, ERP, point-of-sale, and banking platforms. You represent that you have the right to grant that access. Collection is read-only; we do not write to, modify, or transact in your systems. We are not responsible for the availability, accuracy, or acts of any third-party system, and your use of a third-party system is governed by your agreement with that provider.
Each party may receive information of the other that is marked confidential or that a reasonable person would understand to be confidential ("Confidential Information"). The receiving party will use Confidential Information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to personnel and contractors bound by confidentiality obligations no less protective. These obligations do not apply to information that is public through no fault of the receiving party, was known without duty of confidence, is independently developed, or is lawfully received from a third party. A party may disclose Confidential Information where legally compelled, giving prompt notice where lawful.
We retain all right, title, and interest in the Services, the platform, our software, models, prompts, control catalogs, documentation, and all improvements to them. No rights are granted except as expressly stated. You may use output generated for you in your own business, including with your auditors, lenders, and advisers. If you send us feedback or suggestions, you grant us a perpetual, royalty-free licence to use them without obligation to you. Patent Pending.
Your use is subject to our Acceptable Use Policy. We may suspend access for material breach, non-payment, unlawful use, or a security risk to the platform or other customers, with notice where practicable.
Each party warrants that it has the authority to enter into these Terms. We warrant that we will provide the Services with reasonable skill and care.
Except as expressly stated, the Services are provided "as is" and "as available" to the fullest extent permitted by law. We disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted or error-free, or that output will be accurate or complete.
We will defend you against a third-party claim alleging that the Services, as provided by us and used in accordance with these Terms, infringe that third party's United States intellectual property rights, and we will pay damages finally awarded or amounts we agree in settlement. This obligation does not apply to a claim arising from Customer Data, your use in combination with anything not supplied by us, or your use contrary to these Terms.
You will defend us against a third-party claim arising from Customer Data, your use of the Services, your instructions, your representations to third parties about output, or your breach of Section 3 or Section 8, and you will pay damages finally awarded or amounts you agree in settlement.
The party seeking indemnity must give prompt written notice, allow the other party to control the defence, and provide reasonable cooperation. No settlement that imposes a non-indemnified obligation may be made without consent.
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, however caused and on any theory of liability, even if advised of the possibility.
Each party's aggregate liability arising out of or related to these Terms is limited to the fees you paid or owed for the Services in the twelve months immediately preceding the event giving rise to the claim. These limits do not apply to your payment obligations, either party's indemnification obligations, or to liability that cannot be limited or excluded by applicable law. The parties agree these limits are an essential basis of the bargain and reflect the fees charged.
These Terms apply for as long as you use the Services. You may end a subscription as described in our Refund and Cancellation Policy; you keep access through the end of your current paid period. Either party may terminate for material breach not cured within thirty days of written notice. We may suspend immediately for non-payment, unlawful use, or a security risk. On termination, your right to use the Services ends and we will delete or return Customer Data in accordance with the DPA. Sections that by their nature should survive will survive, including Sections 6, 9, 10, 12, 13, 14, and 18 through 21.
Neither party will use the other's name, logo, or trademarks, or describe the other as a customer or partner, in any public communication without the other's prior written consent. Consent for a specific use is not consent for any other use and may be withdrawn on reasonable notice.
You will comply with United States export control and economic sanctions laws. You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive U.S. sanctions, and that you are not a person with whom U.S. persons are prohibited from dealing. You will not make the Services available to any such person or for any prohibited end use.
Neither party is liable for a failure or delay in performance, other than a payment obligation, caused by an event beyond its reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, labour action, government action, internet or utility failure, or failure of a third-party provider. The affected party will use reasonable efforts to mitigate and resume performance.
Neither party may assign these Terms without the other's prior written consent, except that either party may assign to a successor in connection with a merger, acquisition, or sale of substantially all assets, on written notice. Any other attempted assignment is void. These Terms bind permitted successors and assigns.
We may update these Terms. For a material change we will give at least thirty days' notice by email or in-product before it takes effect. Continued use after the effective date constitutes acceptance. If you do not accept a material change, you may terminate before it takes effect and receive a pro-rata refund of any prepaid, unused fees.
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods. The parties will first attempt in good faith to resolve any dispute by negotiation between executives for thirty days. Failing that, the state and federal courts located in Bexar County, Texas have exclusive jurisdiction and venue, and each party consents to personal jurisdiction there. Each party waives any right to a jury trial and to participate in a class or representative action.
These Terms, together with the policies linked in them and any executed order form or master agreement, are the entire agreement between the parties on this subject and supersede prior discussions. If a provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will stay in force. A failure to enforce is not a waiver. The parties are independent contractors; nothing creates a partnership, joint venture, agency, or employment relationship. There are no third-party beneficiaries. Notices to us go to support@ai4cfo.ai and to you at the email on your account.
Questions: support@ai4cfo.ai.
This Addendum applies only where the Customer is the United States Government or a contractor acquiring on its behalf. It does not modify the rights or obligations of any commercial Customer.
Provider identifiers. ElasticD3M, LLC · SAM.gov Unique Entity ID (UEI): LXSZZXDYPN16 · CAGE Code: 23E31.
A1. Applicability. This Addendum applies when Customer is the United States Government, an agency or instrumentality thereof, or a prime or higher-tier contractor acquiring the Services for delivery to the United States Government under a federal prime contract, subcontract, or purchase order. Where it applies, this Addendum controls over any conflicting provision of these Terms.
A2. Commercial product and commercial service status. The Services are commercial products and commercial services within FAR 2.101. Any software component is commercial computer software and commercial computer software documentation under FAR 12.212 and DFARS 227.7202. The Government acquires only those rights customarily provided to the public, as set out in these Terms as modified by this Addendum.
A3. Order of precedence. The federal contract or order, including FAR 52.212-4 and any clause incorporated by operation of law, controls over these Terms. Consistent with GSAR 552.212-4, any provision of these Terms that conflicts with federal law or is unenforceable against the United States is deemed deleted for that engagement, and its deletion does not affect the remainder.
A4. Governing law and disputes. For Government engagements these Terms are governed by federal law, and Section 21 is superseded. Disputes are resolved under the Contract Disputes Act, 41 U.S.C. §7101 et seq.: by written claim to the Contracting Officer, then appeal to the cognizant Board of Contract Appeals or the United States Court of Federal Claims. Provisions selecting state law, state venue, or consent to personal jurisdiction do not apply.
A5. No binding arbitration. No arbitration provision applies to Government engagements. The parties may use alternative dispute resolution only as authorized by the Contract Disputes Act and the acquiring agency's procedures.
A6. Indemnification. Any obligation for Customer to defend, indemnify, or hold Provider harmless does not apply to the United States Government, which cannot obligate funds in advance of an appropriation under 31 U.S.C. §1341. Only the Customer-facing half of Section 13 is disapplied: Provider's own indemnity obligations remain in full force, including the intellectual-property indemnity contemplated by FAR 52.212-4(h).
A7. Funding, renewal, and termination. No provision automatically renews a Government order or escalates price without a modification executed by a warranted Contracting Officer. Performance is subject to the availability of appropriated funds. Termination for convenience and for cause is governed by FAR 52.212-4(l) and (m).
A8. Limitation of liability. Limitations, exclusions, and disclaimers in these Terms apply only to the extent permitted by federal law, and do not limit any remedy available to the Government under the federal contract or order.
A9. Scope of Government engagements. Government engagements are advisory and deliverable-based. Provider does not ingest, process, store, or transmit Government data, Controlled Unclassified Information, or data from a Federal information system, and does not connect to, scan, or operate within a Federal information system or a contractor system processing CUI on the Government's behalf. Deliverables are produced from information the Government elects to furnish and are reviewed and approved by Customer's designated official before issuance. Accordingly the Services are not a cloud service offering requiring FedRAMP authorization. Any engagement requiring Provider to process Government data or connect to a Federal information system is outside the scope of these Terms and requires a separate written agreement.
A10. Accessibility. Provider will furnish an Accessibility Conformance Report for the Services and for deliverable formats on request, addressing the Revised Section 508 Standards at 36 C.F.R. Part 1194.
A11. Supply chain and place of performance. Provider does not provide covered telecommunications equipment or services as defined in Section 889 of the FY2019 NDAA. Services are performed in the United States by United States persons, and customer data is processed only in United States regions.
A12. Standard representations. Provider has not paid or agreed to pay any contingent fee for the award of a federal contract (FAR 52.203-5) and has not offered gratuities (FAR 52.203-3). Assignment is subject to the Anti-Assignment Act, 41 U.S.C. §6305.