Terms of Service

1. Who we are and agreement to these terms

PFA Financial Analytics ("PFA," "we," "us") is an independent financial analysis practice operated as a sole proprietorship. These Terms of Service ("Terms") govern your use of this website and any services we provide to you. By using this website, submitting a request, accepting a quote, or paying for or receiving services, you ("you," "Partner") agree to these Terms on behalf of yourself and the business you represent, and you confirm you have authority to do so. If you do not agree, do not use the website or our services.

If you and PFA sign a separate written agreement or engagement letter, that agreement controls where it conflicts with these Terms.

2. Our services

PFA provides financial analysis and modeling services to business professionals, including loan brokers, business-plan firms, business brokers and acquisition advisors. Services may include earnings normalization, financial models, projections, debt service coverage analysis, lender summaries and related written materials ("Deliverables"). Our services are offered only to businesses and professionals, not to consumers.

3. What we are not

PFA is not a lender, loan broker, lender service provider, certified public accounting firm, appraiser, business valuator, investment adviser or law firm. We do not make credit decisions, arrange or negotiate loans, or communicate with borrowers or lenders. Deliverables are not an audit, review, compilation, attestation, quality of earnings report, appraisal or business valuation, and they are not legal, tax, accounting or investment advice. We do not verify, audit or independently confirm the information provided to us.

4. Your responsibilities

You agree that:

• All information, documents and assumptions you provide are accurate and complete to the best of your knowledge, and you will promptly tell us of any errors or changes.
• You have the legal right, and any required consent from your clients and other third parties, to share their information with us for the purposes of our services.
• You will redact Social Security numbers and other unnecessary identifiers before uploading documents, and you will use the secure upload method we provide.
• You will review each Deliverable before using it, and you are solely responsible for what you submit to any lender, borrower or other party, including how you present it.
• You are responsible for complying with all laws, regulations and program rules that apply to your business and your clients' transactions, including U.S. Small Business Administration rules and any disclosures they or a lender require.
• You will not represent to anyone that PFA has verified, audited, approved or guaranteed any information or outcome.

5. Assumptions, projections and no guarantee of outcome

Deliverables are based on the information and assumptions provided by you and your clients. Projections and forecasts are estimates of possible future results. Actual results will differ, and the differences may be material. Coverage ratios and similar measures depend on the inputs and on rules and lender policies that can change. PFA does not guarantee that any loan will be approved, funded or repaid, or that any lender will accept a Deliverable or any figure in it.

6. Fees, payment and revisions

Fees are as quoted to you in writing for each service. Unless we agree otherwise, payment is due before a Deliverable is released. Any free or discounted service is offered at our discretion, may be limited to one per Partner, and may be withdrawn at any time. Each paid Deliverable includes one round of revisions requested within 14 days of delivery. Additional revisions, changes in scope or rush delivery may carry additional fees. Turnaround times are estimates that begin once we have received complete information.

7. White-label use and intellectual property

Once paid in full, you may use, copy, modify and present each Deliverable under your own name and brand, solely in connection with the client transaction it was prepared for. PFA keeps all rights in its templates, models, formulas, methods, tools and know-how, and in any Deliverable until it is paid for. You may not resell, redistribute or reuse our templates or models for other transactions without our written consent.

8. Confidentiality and data

We keep the documents and non-public information you provide confidential, use them only to perform our services, and share them only with service providers who help us operate (such as secure file storage and email) under confidentiality obligations, or where required by law. We delete client files within 30 days after final delivery, except where the law requires us to keep records. You agree to keep our pricing, templates and non-public business information confidential. Our Privacy Policy describes how we handle personal information.

9. No reliance by third parties

Deliverables are prepared solely for you, our Partner. No borrower, seller, buyer, lender, guarantor, investor or other person is a third-party beneficiary of these Terms or our services, and no such person may rely on a Deliverable as having been prepared, verified or endorsed by PFA. PFA owes no duty to any person other than you.

10. Disclaimer of warranties

Except as expressly stated in these Terms, the website, services and Deliverables are provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy or non-infringement, to the fullest extent permitted by law.

11. Limitation of liability

To the fullest extent permitted by law: (a) PFA will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost fees or commissions, lost business, declined or delayed loans, or loss of data, however caused and even if advised of the possibility; and (b) PFA's total liability for all claims relating to the services, any Deliverable or these Terms will not exceed the fees you actually paid to PFA for the specific service giving rise to the claim. These limits are an essential part of the pricing of our services.

12. Indemnification

You will defend, indemnify and hold harmless PFA and its owner, contractors and agents from any claims, losses, damages, liabilities and expenses (including reasonable legal fees) arising from: the information or documents you or your clients provide; your use, modification or presentation of any Deliverable; your dealings with borrowers, lenders or other third parties; or your breach of these Terms or of any law.

13. Dispute resolution and arbitration

Before starting any formal proceeding, the parties will try in good faith to resolve a dispute by written notice and discussion for at least 30 days. Any dispute that is not resolved will be settled by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Wilmington, Delaware. The arbitration and its outcome will be confidential except as needed to enforce an award. Claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative proceeding. Either party may seek urgent injunctive relief from a court to protect confidential information or intellectual property. Any claim must be started within one year after it arises, or it is permanently barred, to the extent permitted by law.

14. Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules.

15. General

We may decline or stop work on any engagement. We may update these Terms by posting a new version on this page. Changes apply to services requested after the effective date. If any part of these Terms is found unenforceable, the rest remains in effect. These Terms, together with any written quote or agreement, are the entire agreement between you and PFA about their subject matter. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent.

16. Contact

Questions about these Terms: [email protected]