Terms of Service

This BizWorth Express Services Agreement (the “Agreement”) is a legally binding contract between you, the individual or entity accessing or using the BizWorth Express platform (“User,” “Advisor,” or “you”), and BizWorth, LLC (“BizWorth,” “we,” or “us”). This Agreement governs your use of BizWorth’s software applications, websites, APIs, reports, dashboards, embedded tools, and any related services or content (collectively, the “Services”).

Before accessing the Services, you are presented with a screen directing you to review this Agreement. By clicking “Continue,” creating an account, signing in, or otherwise accessing or using the Services, you acknowledge that you have had the opportunity to review this Agreement and agree to be bound by its terms.

If you are accessing or using the Services on behalf of an entity, you represent that you are authorized to use the entity’s name, branding, and related materials in connection with the Services. You are responsible for ensuring that your use of the Services complies with any applicable agreements, policies, or permissions governing your relationship with that entity.

BizWorth may maintain records of your acceptance, including timestamp, IP address, and the version of the Agreement in effect at the time of acceptance. Continued use of the Services after any updates constitutes acceptance of the modified terms.

1. Presentation, Assent and Updates

1.1   Presentation and Assent. BizWorth presents this Agreement through a dedicated screen prior to account access, including a conspicuous hyperlink and clear statement that proceeding constitutes agreement. By selecting “Continue” or otherwise proceeding, you (i) acknowledge that this is a legally binding agreement, (ii) represent that you have read or had the opportunity to read the Agreement, and (iii) agree to be bound by all terms, including limitations of liability and disclaimers of reliance.

1.2   Modifications to Agreement. BizWorth may modify this Agreement from time to time. For material changes, notice will be provided (e.g., email or in-app notification). Continued use after such notice constitutes acceptance.

1.3  Reconfirmation of Acceptance. BizWorth may require reconfirmation of acceptance at certain points within the Services.

2. Nature of the Services

2.1  Platform Description. BizWorth Express is a technology platform that uses user inputs, publicly available data, third-party data sources, and algorithmic processes (including artificial intelligence and optical character recognition) to generate automated business valuation estimates and related analytics. “Report” or “Reports” means any business valuation estimate, analysis, output, dashboard, or other content generated through the Services, whether in PDF, digital, or other format, including any related data, summaries, or analytics.

2.2  Automated and Estimate-Based Outputs. BizWorth Express is a self-service, automated tool. The outputs generated through the Services are estimates only and are not guaranteed to be accurate, complete, or suitable for any particular purpose.

2.3  No Professional Services or Relationship. BizWorth does not provide professional valuation, financial, legal, tax, or accounting services through the BizWorth Express platform, and no professional-client relationship is created through your use of the platform. BizWorth may offer separate professional valuation services performed by qualified appraisers under a separate written engagement; however, no such professional services are provided through BizWorth Express unless explicitly stated and agreed to in writing.

3. Disclaimer of Professional Advice; No Reliance; Third‑Party Restrictions

3.1  No Professional Advice. Reports and analytics generated through BizWorth Express are provided for general informational purposes only and do not constitute financial, legal, tax, accounting, investment, or appraisal advice. They are not a substitute for consultation with qualified professionals.

3.2  No Reliance. You agree not to rely on any report or output as the sole basis for a business, legal, or financial decision. You are solely responsible for independently verifying all information, and you acknowledge that BizWorth owes no fiduciary duty in connection with your use of the Services.

3.3  Informational Use; No Third-Party Reliance. Reports are provided solely to facilitate discussions regarding potential business value. Subject to your strict compliance with this Section, you may share or resell Reports to your clients; provided that (a) all disclaimers provided by BizWorth are included in full and unmodified, (b) the Report is not altered, edited, or presented in a misleading manner (including through branding or contextual changes), and (c) you provide written disclosure to each recipient that: (i) the Report is an automated estimate generated using algorithms, third-party data, and user inputs, (ii) the Report is for informational purposes only and does not constitute a certified valuation, appraisal, or professional advice, (iii) no person may rely on the Report for any purpose, and (iv) BizWorth disclaims any and all liability to any third-party recipient.

You acknowledge and agree that BizWorth owes no duty of care, whether in contract, tort, or otherwise, to any third-party recipient, has no contractual or other relationship with any third-party recipient, and no third party is an intended beneficiary of these Terms. You are solely responsible for any sharing, distribution, or use of Reports with third parties. YOU SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS BIZWORTH FROM AND AGAINST ANY CLAIMS, DAMAGES, OR LIABILITIES ARISING OUT OF OR RELATING TO YOUR DISTRIBUTION OR USE OF REPORTS IN VIOLATION OF THIS SECTION.

3.4  Not a Certified or Professional Appraisal. Reports generated through BizWorth Express are not certified appraisals or professional valuations and are not prepared by certified or professional appraisers. If a certified or professional valuation is required, it must be obtained through a separate written engagement with BizWorth or another qualified provider. Any “Certified Appraiser Support” provided through the Services is limited to general guidance and does not constitute a certified appraisal.

3.5  Report Disclaimer; Incorporation. All reports generated through the Services shall include a disclaimer consistent with BizWorth’s required disclosure language. Such disclaimer is hereby incorporated into this Agreement by reference. In the event of any inconsistency between a report disclaimer and this Agreement, this Agreement controls. Users and Advisors agree to ensure that any recipient of a report is presented with such disclaimer.

4. Outputs, AI and Warranty Disclaimer

4.1 “As-Is” Outputs. All reports and outputs are provided “as is” and “with all faults.” BizWorth disclaims all warranties, whether express or implied, including any warranties of accuracy, completeness, merchantability, fitness for a particular purpose, or non-infringement.

4.2  Algorithmic and OCR Limitations. The Services rely on algorithms, artificial intelligence models, and optical character recognition (OCR) technology that may produce biased, incomplete, varied, or inaccurate results, including misinterpretation of uploaded data. You are solely responsible for reviewing and verifying all outputs and underlying data. BizWorth is not liable for errors or omissions arising from user inputs, algorithmic limitations, or OCR processing.

5. User Inputs, Data and Sensitivity

5.1  User Data Responsibility. You are solely responsible for the accuracy and completeness of all data and documents you provide. Outputs generated by the Services are dependent on your inputs, and inaccurate, incomplete, or manipulated data may result in distorted results, for which BizWorth disclaims all liability.

5.2  Sensitive Information. You may upload sensitive information, including financial statements and tax returns, in connection with your use of the Services. BizWorth will use commercially reasonable safeguards to protect such information and will use it to provide, operate, support, and improve the Services. BizWorth will not sell or disclose your sensitive information in a manner that identifies you or your business. BizWorth may aggregate, anonymize, and de-identify such information and may use, publish, license, or otherwise commercialize such aggregated data for analytics, benchmarking, model development, and other business purposes, provided that such information does not identify any specific individual or business.

5.3  AI-Driven Classifications and Assumptions. The Services may assign industry classifications or apply assumptions through automated processes. You are responsible for reviewing and correcting any such classifications or assumptions prior to relying on any report.

6. Plans, Fees, Billing and Payouts

6.1  Subscription Plans and Automatic Renewal. BizWorth offers subscription-based plans that automatically renew at the end of each billing period (monthly, quarterly, annual, or otherwise, as selected) unless canceled prior to renewal. By enrolling, you authorize BizWorth and its payment processors to charge your designated payment method on a recurring basis for all applicable fees. Pricing, billing frequency, and related details are available on BizWorth’s pricing page and any incorporated supplemental materials, which form part of this Agreement.

6.2  Cancellation. You may cancel your subscription at any time through your account or by contacting BizWorth. Cancellation becomes effective at the end of the current billing period. No partial refunds or prorated credits will be provided.

6.3  Free and Starter Plans. Users on Free or Starter plans are not eligible to receive payouts or monetize reports through the platform. Advisors must maintain an active eligible paid subscription plan and complete payout onboarding with a valid payout account configuration to be eligible to receive payouts.

Report credits are not required to receive payouts. However, transaction type, pricing rules, revenue sharing, and payout distributions may vary depending on whether a report credit is used.

6.4  Payout Eligibility and Setup. Advisors are eligible for payouts only after properly configuring a payout account. BizWorth is not responsible for issuing retroactive payouts for transactions occurring prior to completion of payout setup.

6.5  Platform Fees and Revenue Sharing. For all platform-processed transactions, applicable Stripe / credit card processing fees and platform transaction fees are deducted first before any revenue sharing calculations or payout distributions occur.

When a report credit is used:

  • the Advisor may set the client-facing resale price, subject to any applicable platform minimum pricing requirements
  • BizWorth does not participate in revenue sharing
  • the remaining balance is distributed according to the applicable payout allocations and organizational payout settings

When a report credit is not used:

  • the transaction follows BizWorth’s standard revenue share model
  • pricing may be subject to platform-controlled minimum MSRP requirements
  • after applicable Stripe / credit card processing fees and platform transaction fees are deducted, the remaining balance is split between BizWorth and the Advisor according to the applicable revenue share structure

Payout allocations may include distributions to firms, offices, teams, or other participants associated with the Advisor’s organization, depending on the applicable plan configuration and organizational payout settings.

BizWorth reserves the right to establish and modify:

  • platform transaction fees
  • revenue share percentages
  • minimum resale pricing requirements
  • minimum MSRP requirements
  • payout allocation structures
  • transaction pricing rules

All such pricing, payout, and revenue-sharing terms are subject to change at BizWorth’s discretion.

6.6  Insufficient Credits and Per-Report Fees. Advisors are not prevented from generating or selling reports when report credits are unavailable.

If a report is generated without consuming a report credit:

  • the transaction follows BizWorth’s standard revenue share model
  • the report price must comply with any applicable platform minimum MSRP requirements
  • applicable Stripe / credit card processing fees and platform transaction fees are deducted first
  • the remaining balance is then distributed according to the applicable revenue share structure and payout allocations

Transactions completed without report credits may result in lower Advisor payout amounts than transactions completed using report credits, since revenue sharing applies to non-credit transactions.

BizWorth reserves the right to establish and modify:

  • per-report fee structures
  • revenue share percentages
  • minimum MSRP requirements
  • transaction pricing rules
  • platform transaction fees

All such pricing and transaction rules are subject to change at BizWorth’s discretion.

6.7  Team Plans and Firm-Level Arrangements. Advisors participating in Team or organization-based plans may be subject to additional payout allocation structures, revenue-sharing arrangements, office-level distributions, or other firm-specific rules established by their organization.

Depending on the applicable organizational configuration:

  • payouts may be allocated among companies, offices, teams, advisors, or other designated participants
  • payout percentages and allocation structures may vary by organization
  • payout eligibility is determined separately for each participant receiving a portion of a transaction

BizWorth is not a party to, and does not administer or enforce, any separate agreements between Advisors and their firms, offices, or organizations outside of the payout allocation functionality provided through the platform. Advisors are solely responsible for understanding and complying with any applicable firm-level agreements, compensation arrangements, or internal payout policies.

BizWorth reserves the right to support configurable organizational payout structures and allocation rules within the platform, including the ability to modify operational payout functionality, payout workflows, and payout administration features from time to time.

6.8  Pricing Control and Upgrades. BizWorth retains sole discretion to establish, modify, and enforce pricing rules, transaction requirements, platform fees, revenue share percentages, and upgrade pricing associated with the Services.

Depending on the transaction type:

  • Advisors using report credits may set client-facing resale pricing, subject to any applicable platform minimum resale pricing requirements
  • Transactions completed without report credits may be subject to platform-controlled minimum MSRP requirements and standard revenue share rules

BizWorth reserves the right to establish and modify:

  • minimum resale pricing requirements
  • minimum MSRP requirements
  • platform transaction fees
  • revenue share percentages
  • report pricing
  • renewal pricing
  • support pricing
  • upgrade pricing
  • transaction pricing rules

Professional valuations, certified appraisals, appraiser support services, and other upgraded or premium offerings are separate services and may require additional fees, separate agreements, or separate engagement terms.

All pricing, fees, transaction rules, and upgrade structures are subject to change at BizWorth’s discretion.

6.9  No Refunds. All payments—including subscription fees, report credits, platform fees, transaction fees, payout-related fees, and report-related charges—are non-refundable except where required by law.

Once a report has been generated, delivered, downloaded, accessed, or otherwise made available through the Services, all associated fees and charges are deemed fully earned and non-refundable, regardless of:

  • valuation outcome
  • user satisfaction
  • client feedback
  • transaction results
  • business decisions
  • perceived inaccuracies
  • disagreement with valuation conclusions, methodologies, assumptions, or comparable data

Transactions processed without report credits, including transactions subject to revenue sharing or per-report fee structures, are also non-refundable.

Chargebacks, payment reversals, or disputes initiated after delivery of a report are governed by the applicable chargeback and dispute provisions of this Agreement.

6.10  Taxes. You are responsible for determining and remitting all applicable taxes associated with your use of the Services and any payouts received.

6.11  Payment Processing. Payments and payouts are processed through PCI-compliant third-party providers. BizWorth does not store full payment card information and is not liable for errors, delays, or breaches attributable to such processors.

6.12  No Revenue or Performance Guarantees. BizWorth does not guarantee any level of revenue, conversion, client engagement, or other financial outcomes arising from use of the Services, including any reports, upgrades, or payout features.

6.13  Chargebacks, Disputes, and Valuation Disagreement. You acknowledge and agree that the delivery of any report or output through the Services constitutes a completed digital and professional service. All fees for reports, credits, subscriptions, and related Services are earned upon delivery and are non-refundable to the fullest extent permitted by law.

You further acknowledge and agree that all valuation reports, analyses, and related outputs are based on professional judgment, the application of accepted valuation methodologies, and reliance on financial, operational, and other information provided by you or obtained from third-party sources. Valuation conclusions are inherently subjective and may vary among qualified professionals.

 

You agree not to initiate or pursue any chargeback, reversal, or payment dispute with your payment provider following delivery of a report, except solely in cases of unauthorized use of a payment method. For the avoidance of doubt, disagreement with the valuation conclusion, methodology, assumptions, comparable data, underlying inputs, or outcome does not constitute error, non-performance, or grounds for reversal.

 

You expressly acknowledge that the following do not constitute fraud, error, or non-performance:

 

• Differences in valuation conclusions or ranges
• Differences in selected valuation methods, approaches, or weighting
• Use of different comparable transactions, datasets, or industry benchmarks
• Market feedback, buyer expectations, broker opinions, or third-party analyses that differ from the report

• Perceived “low,” “high,” or otherwise unfavorable valuation outcomes

• The existence of alternative valuations, rules of thumb, anecdotal market data, or opinions from brokers, buyers, or other advisors does not invalidate the Services performed or the conclusions reached.

 

Any chargeback or payment dispute initiated after delivery of a report, except in cases of unauthorized use of a payment method, constitutes a material breach of this Agreement. Without limiting BizWorth’s rights, you agree to reimburse BizWorth for all amounts subject to reversal, along with any associated fees, penalties, costs, and expenses incurred, including payment processor fees, administrative costs, and reasonable attorneys’ fees.

BizWorth reserves the right to suspend or terminate your account and pursue any available civil remedies in connection with such breach.

6.14 Chargeback Recovery, Reimbursement, and Advisor Cooperation

For purposes of this Agreement:

"Chargeback Event" means any chargeback, payment reversal, ACH reversal, cardholder dispute, fraud claim, unauthorized transaction claim, payment processor dispute, credit card issuer dispute, refund reversal, or similar payment recovery event arising from or relating to a transaction processed through the Services.

"Distributed Proceeds" means any portion of transaction proceeds that was distributed, credited, paid, allocated, or otherwise made available to Advisor and/or any associated team, office, company, tenant account, headquarters account, organization, affiliate, or other participant connected to Advisor.

"Chargeback Costs" means all reasonable processor fees, dispute fees, administrative fees, legal fees, collection costs, court costs, arbitration costs, attorneys' fees, expert fees, witness fees, investigation costs, and other expenses incurred by BizWorth arising from or relating to a Chargeback Event.

Advisor acknowledges and agrees that any Distributed Proceeds previously paid, credited, allocated, or otherwise made available in connection with a transaction remain subject to recovery by BizWorth in the event of a Chargeback Event.

Advisor shall be responsible for reimbursing BizWorth for:

(i) the amount of Distributed Proceeds previously paid, credited, allocated, or otherwise made available to Advisor or any associated team, office, company, tenant account, headquarters account, organization, affiliate, or other participant connected to Advisor with respect to the affected transaction; and

(ii) all actual and reasonable Chargeback Costs incurred by BizWorth arising from or relating to the Chargeback Event.

For the avoidance of doubt, Advisor shall not be responsible for reimbursing BizWorth for any portion of transaction proceeds retained by BizWorth and not distributed to Advisor or any associated participant, except for Chargeback Costs recoverable under this Agreement.

Advisor shall reimburse BizWorth for all amounts owed under this Section within thirty (30) calendar days following written notice from BizWorth.

Advisor agrees to cooperate fully with BizWorth in contesting, defending, responding to, investigating, documenting, or recovering losses arising from any Chargeback Event. Such cooperation may include providing records, communications, transaction information, client information, supporting documentation, affidavits, declarations, testimony, or other information reasonably requested by BizWorth. Failure to provide such cooperation constitutes a material breach of this Agreement.

To recover amounts owed under this Section, BizWorth may, in its sole discretion and without limiting any other available rights or remedies:

(i) withhold, offset, or deduct amounts from future payouts otherwise payable to Advisor;

(ii) withhold, offset, or deduct amounts from future payouts payable to any team, office, company, tenant account, headquarters account, organization, affiliate, or other participant that received or was allocated any portion of the Distributed Proceeds associated with the Chargeback Event;

(iii) suspend pending payouts while investigating or resolving the Chargeback Event;

(iv) suspend report generation privileges, monetization rights, payout eligibility, subscription benefits, account access, or other Services until all amounts owed under this Section have been repaid in full;

(v) terminate Advisor's account and any related organizational, tenant, headquarters, company, team, office, or affiliate account if amounts owed under this Section remain unpaid for thirty (30) calendar days following written notice; and

In addition to the foregoing rights and remedies, and regardless of whether BizWorth elects to suspend or terminate any account, BizWorth may apply the value of any unused credits, prepaid fees, remaining subscription value, pending payouts, reserves, account balances, or other amounts otherwise payable to Advisor or any related organizational account as an offset against any outstanding amounts owed under this Agreement.

BizWorth shall determine the value of any remaining subscription term in good faith based upon the unused portion of the applicable subscription period.

Advisor shall not be entitled to receive a cash refund for any unused credits, prepaid fees, remaining subscription value, pending payouts, reserves, account balances, or other amounts applied by BizWorth toward satisfaction of outstanding obligations. Any remaining balance after application of such offsets shall continue to be due and payable by Advisor.

(vi) pursue any other contractual, equitable, or legal remedies available under this Agreement or applicable law.

BizWorth shall have no obligation to continue providing payouts, transaction processing services, monetization features, platform access, subscription benefits, or other Services while any amounts owed under this Section remain outstanding.

BizWorth reserves the right to establish and modify maximum resale pricing requirements, maximum transaction values, transaction limits, enhanced verification requirements, manual review procedures, payout delays, account restrictions, reserve requirements, and other risk-management controls designed to mitigate fraud, abuse, excessive disputes, or chargeback exposure.

7. Advisor Addendum

The following additional terms apply to Advisors:

7.1  Advisor Responsibilities. Reports generated through the Services may be presented under the Advisor’s brand. Advisors may distribute such reports to clients but must not represent any report as a certified appraisal or professional valuation. Advisors may not modify, edit, alter, or create derivative versions of any report, nor remove or obscure any disclosures, assumptions, limitations, or legal notices. Reports must be delivered in the form provided. Advisors are solely responsible for how reports are presented and explained and must not misrepresent their scope, purpose, or limitations. Any misuse or misrepresentation constitutes a material breach of this Agreement.

7.2  Branding and Intellectual Property. Advisors may not use BizWorth’s trademarks or branding without prior written permission. Advisors are responsible for obtaining authorization for any third-party trademarks they use and for avoiding any implication of endorsement or affiliation.

7.3  Personal Likeness and Materials. Advisors grant BizWorth a non-exclusive license to display their name, likeness, and contact information within the Services, including in connection with client-facing experiences such as the intake process, summary outputs, and full reports, for the purpose of facilitating client interactions and reinforcing the Advisor’s relationship with their clients. Advisors represent that they have the rights necessary to grant such license.

7.4  Payout Information. Advisors are responsible for maintaining accurate and current payout account information. BizWorth is not liable for delays or errors resulting from incorrect or outdated information.

7.5  Advisor Pricing. Advisor pricing depends on how a report transaction is processed through the platform.

When a report credit is used:

  • Advisors may establish their own client-facing resale pricing
  • resale pricing must comply with any applicable platform minimum resale pricing requirements
  • BizWorth does not participate in revenue sharing for credit-based transactions

When a report credit is not used:

  • transactions follow BizWorth’s standard revenue share model
  • reports may be subject to platform-controlled minimum MSRP requirements
  • pricing, revenue share structures, and transaction rules are determined by BizWorth

For all platform-processed transactions:

  • applicable Stripe / credit card processing fees and platform transaction fees are deducted first
  • remaining balances are distributed according to the applicable payout allocations, revenue share structures, and organizational payout settings

BizWorth reserves the right to establish, modify, and enforce:

  • minimum resale pricing requirements
  • minimum MSRP requirements
  • revenue share percentages
  • platform transaction fees
  • transaction pricing rules
  • payout allocation structures
  • report pricing and upgrade pricing

Advisors may not circumvent, manipulate, misrepresent, or bypass platform pricing rules, minimum pricing requirements, transaction structures, or payment flows. Any attempt to do so constitutes a material breach of this Agreement.

7.6  Audit Rights. BizWorth may audit Advisor use of the Services upon reasonable notice to ensure compliance. Advisors agree to cooperate with such audits.

7.7  Advisor Indemnification. Advisors agree that their indemnification obligations under Section 12 include, without limitation, any claims, damages, or liabilities arising from (i) the distribution, resale, or presentation of reports to clients; (ii) failure to provide appropriate disclosures regarding the nature and limitations of such reports; (iii) any modification, misuse, or misrepresentation of reports; or (iv) any third party’s reliance on reports provided by the Advisor. 

8. Embedding, White‑Labeling and Branding

8.1  Embedding on External Sites. If you embed BizWorth tools or provide links to the Services on your own website, you must ensure your site is secure and does not introduce vulnerabilities or data breaches. BizWorth is not liable for security issues or hacks that occur on third‑party sites or because of your embedding.

8.2  Authorized Use of Brand. Where the Services permit white-label or unbranded outputs, you may remove or replace BizWorth branding in accordance with the functionality provided. You must not misrepresent BizWorth’s role in providing the Services or alter, remove, or override any required disclosures, assumptions, limitations, or legal notices. You are responsible for ensuring that your use of any company name, logo, or branding—whether your employer, affiliated entity, or client—is authorized and does not create confusion or imply endorsement where none exists.

8.3  Disclaimer Templates. BizWorth may provide a report disclaimer template for your convenience. This template is not legal advice. You are solely responsible for customizing and using the template, and you should consult your attorney. BizWorth disclaims liability for your use of any disclaimer.

8.4  Cancellation and Removal Costs. If you embed the Services and later cancel your subscription or remove the integration, BizWorth is not responsible for any costs you incur to remove or replace the integration.

9. Acceptable Use & Prohibited Conduct

You agree to use the Services in compliance with all applicable laws and not to:

  • Engage in fraudulent, deceptive, unlawful, or harmful activities.
  • Misrepresent or manipulate data to inflate or deflate valuation outputs.
  • Present BizWorth outputs as certified appraisals, professional advice, or guarantees.
  • Modify, edit, alter, excerpt, or create derivative versions of any report generated through the Services, or remove, obscure, or override any disclosures, assumptions, limitations, or legal notices included in such reports.
  • Bypass or tamper with pricing, credit, or payout mechanisms.
  • Reverse engineer, decompile, or attempt to access the source code or algorithms of the Services.
  • Upload malware, viruses, or other harmful code.
  • Interfere with or disrupt the Services, servers, or networks.
  • Attempt to access data or accounts without authorization.
  • Use the Services to compete with BizWorth or commercialize reports outside of authorized channels.

BizWorth may suspend or terminate your account for violating these rules.

10. Data Security and Breach Response

10.1  Safeguards. BizWorth employs administrative, technical and physical safeguards to protect your data. This includes encryption in transit and at rest, access controls, and vulnerability assessments.

10.2  Breach Notification. In the event of a data incident involving personal data, BizWorth will comply with its obligations under applicable law with respect to notification, if any. To the extent required, such notification may be provided to affected users or regulatory authorities in accordance with applicable legal requirements. BizWorth may, in its discretion, investigate such incidents and implement measures it deems appropriate under the circumstances.

10.3  Vendor Obligations. BizWorth may engage third-party service providers (such as payment processors) to process User Data. Such providers are expected to maintain appropriate security measures consistent with applicable industry standards. BizWorth is not responsible for the acts or omissions of third-party providers, including any data incidents involving such providers.

10.4  Privacy Policy. BizWorth collects personal and business information necessary to provide the Services, including account information, contact details, and financial data submitted by users. This information is used to operate, maintain, and improve the Services. BizWorth may also use metadata related to a business, such as industry classification, general financial characteristics, and transaction attributes, to develop, refine, and apply valuation models, including the identification of comparable transactions and industry benchmarks used in business valuations. BizWorth may aggregate, anonymize, and de-identify such data and may use, publish, license, or otherwise commercialize such aggregated data for analytics, benchmarking, and other business purposes, provided that such data does not identify any specific individual or business. BizWorth does not sell personal information. We implement commercially reasonable safeguards to protect user data; however, no system is completely secure, and users acknowledge the inherent risks of transmitting information electronically. By using the Services, you consent to BizWorth’s collection and use of your information as described in this Agreement. 

11. Limitation of Liability

To the maximum extent permitted by law:

11.1  Consequential Damages Waiver. BizWorth and its affiliates will not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including loss of profits, revenue, data, business interruption or reputational harm.

11.2  Liability Cap. BizWorth’s total liability arising out of or relating to this Agreement or the Services will not exceed the greater of (i) the total fees you paid to BizWorth for the Services in the preceding twelve (12) months, or (ii) $500.

11.3  Exclusions. These limitations do not apply to the extent prohibited by law (e.g., gross negligence or willful misconduct). They form an essential basis of the bargain between you and BizWorth.

12. Indemnification

You agree to indemnify, defend and hold harmless BizWorth, its affiliates, owners, officers, employees and agents from and against any and all claims, demands, actions, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use or misuse of the Services or reports.
  • Any third party’s reliance on a report shared or distributed by you, including any failure to provide appropriate disclosures.
  • Your data or content, including any infringement or violation of the rights of any third party.
  • Your breach of this Agreement or violation of applicable law or regulation.
  • Your misrepresentation of professional credentials or any representation that BizWorth’s outputs constitute certified appraisals or professional advice.

BizWorth reserves the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate fully in the defense of such claims.

13. Governing Law, Venue and Dispute Resolution

13.1  Governing Law. This Agreement is governed by the laws of the State of Texas, without regard to conflict‑of‑laws principles.

13.2  Exclusive Venue. All disputes arising out of or relating to this Agreement or the Services must be resolved exclusively in the state or federal courts located in Harris County, Texas, USA. You irrevocably consent to personal jurisdiction and venue in those courts. You waive any objection to the venue or forum.

13.3  Class Action and Jury Waiver. You and BizWorth waive the right to a trial by jury and agree to litigate any dispute only on an individual basis; you will not bring or participate in any class action, representative or collective proceeding.

13.4  Arbitration. Any dispute arising out of or relating to this Agreement or the Services may be resolved by binding arbitration administered by the American Arbitration Association in accordance with its rules. Arbitration shall take place in Harris County, Texas. The parties agree that any arbitration will be conducted on an individual basis and not as a class, collective, or representative action.

14. Force Majeure

BizWorth is not liable for any failure or delay in performance due to events beyond its reasonable control, including acts of God, war, terrorism, civil disturbances, natural disasters, pandemics, labor disputes, internet outages, cyber-attacks, failures or disruptions of third-party services (including cloud hosting providers, data centers, payment processors, or internet service providers), or governmental restrictions.

15. Miscellaneous

15.1  Entire Agreement. This Agreement constitutes the entire agreement between you and BizWorth regarding the Services and supersedes prior or contemporaneous agreements.

15.2  Severability. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full force.

15.3  Assignment. You may not assign, transfer, delegate, or sublicense this Agreement, in whole or in part, without the prior written consent of BizWorth, which may be withheld in BizWorth’s sole discretion. BizWorth may assign, transfer, or otherwise convey this Agreement, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, corporate reorganization, sale of assets, or sale of equity or ownership interests. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

15.4  No Waiver. BizWorth’s failure to enforce any provision is not a waiver of its rights.

15.5  Notices. Except as otherwise specified, all notices to BizWorth must be sent to officeadmin@bizworth.com.

15.6  Intellectual Property. All reports, content, methodologies, algorithms, and outputs generated through the Services are owned by BizWorth or its licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable right to use reports solely as permitted under this Agreement. No ownership rights are transferred to you.

15.7  Attribution. Certain data sources may be identified within reports and are used under license or permission from third-party providers.

16. Non‑Disparagement

You agree not to make or encourage any false, disparaging or defamatory statements about BizWorth, its Services, valuation methodologies or outputs, or any reports generated by BizWorth. This clause does not prevent you from providing truthful information when required by law, making good‑faith statements in a legal proceeding, or communicating legitimate concerns directly to BizWorth through appropriate channels. Non‑disparagement is essential to protect the integrity of BizWorth’s valuation services and reputation.

17. Termination and Post‑Term Access to Reports and Data

17.1  Termination of Access Rights. Upon cancellation of your subscription and expiration of the plan term, your license to access and use the Services ends immediately. This includes any right to access, use, reproduce, or distribute reports or data previously generated through the Services. You and your clients shall have no further rights to access or use any reports or data after termination or expiration of this Agreement.

17.2  Deletion of Reports and Data. Following termination or expiration, BizWorth may, in its sole discretion, delete any reports or data stored on its systems at any time, without notice. BizWorth has no obligation to retain, return, provide, or make available any reports or data following termination, regardless of when deletion occurs.

17.3  User Responsibility for Data Retention. You are solely responsible for exporting or saving any reports or data prior to termination or expiration. BizWorth disclaims all liability for any loss of reports or data after termination, and this section survives termination of this Agreement.

18. Additional Valuation Assumptions and Limitations

18.1  Data Sources and Accuracy. Reports generated through BizWorth Express are based on information provided by users, third-party data sources, and algorithmic processes, all of which may be incomplete, inaccurate, or subject to change. BizWorth does not audit, verify, or independently validate any data used in the generation of reports and provides no assurance regarding the accuracy or completeness of such data.

18.2  Point-in-Time Estimates. All reports reflect estimates of value as of a specific point in time and are subject to changing market conditions, economic factors, and business circumstances. BizWorth has no obligation to update, revise, or supplement any report after it is generated.

18.3  Forward-Looking Information. Reports may incorporate assumptions, projections, or forward-looking information that may not occur as expected. Actual results may differ materially from any estimates, projections, or conclusions presented.

18.4  User Responsibility for Decisions. Any decision to buy, sell, transfer, or otherwise act upon a business or business interest is solely the responsibility of the user. BizWorth makes no representation regarding the actual price that may be obtained in any transaction, and actual transaction values may differ materially from any estimate provided.

18.5  Use of Reports in Entirety. Reports must be used only in their entirety and for their intended purpose. You may not extract, summarize, modify, or present portions of a report in a manner that could misrepresent its conclusions or context.

18.6  Third-Party Data Sources. The Services may incorporate data obtained from third-party sources, including licensed transaction databases, market data providers, and external datasets (such as DealStats or similar providers). BizWorth does not control, audit, verify, or independently validate any third-party data and makes no representations or warranties regarding its accuracy, completeness, timeliness, reliability, or applicability. Such data may contain errors, omissions, or inconsistencies and may be based on estimates or assumptions outside of BizWorth’s control.

18.7  No Liability for Third-Party Data. You acknowledge and agree that BizWorth shall have no liability for any errors, inaccuracies, or omissions in third-party data or for any reliance placed on such data, whether used directly or incorporated into any report, analysis, or output generated through the Services.

18.8  No Access to Underlying Data. The Services provide only summarized outputs and analytics. You are not granted access to any underlying transaction-level data, databases, or source datasets used in generating reports.

18.9  No Obligation for Testimony or Support. BizWorth has no obligation to provide testimony, expert witness services, consultation, or ongoing support in connection with any report unless separately agreed in writing.

18.10  General Disclaimer of Responsibility. To the fullest extent permitted by law, BizWorth disclaims any responsibility for decisions made or actions taken based on reports generated through the Services.

19. Use Restrictions on Reports and Data

19.1  Permitted Use. Reports and any data or analytics provided through the Services are for your internal business use only. You may use reports for client-facing purposes in the ordinary course of your business; however, you may not copy, reproduce, distribute, sublicense, publish, or otherwise make reports or underlying data available for broader commercial use, resale of data, or public dissemination.

19.2  Prohibited Data Extraction and Reuse. You may not extract, aggregate, scrape, or reuse data from the Services or reports to create databases, benchmarking tools, valuation models, competing products, or other derivative works. Any attempt to systematically extract, reconstruct, or repurpose underlying data from the Services is strictly prohibited.

19.3  Reverse Engineering Restrictions. You may not use the Services or reports to reverse engineer, infer, or derive underlying datasets, methodologies, or data sources, including any third-party licensed data.

19.4  Material Breach. Any use of reports or data in violation of this section constitutes a material breach of this Agreement.