This End-User License Agreement ("EULA" or "Agreement") is a legal agreement between you ("User," "you," or "your") and AdvisorEconomics, operated by Abdennour Aissaoui and Michael Kitces ("AdvisorEconomics," "we," "our," or "us"), governing your use of the AdvisorEconomics platform, including our website at https://www.advisoreconomics.com, web application, APIs, and any related services (collectively, the "Service").
BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
1. Description of the Service
AdvisorEconomics is a software-as-a-service ("SaaS") platform that helps financial advisory firm owners transform their QuickBooks data into benchmarked Key Performance Indicators ("KPIs"). The Service connects to your QuickBooks Online account (via Intuit's API) to retrieve firm-level financial data, which we use to generate personalized dashboards and industry benchmarks.
2. License Grant
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. This license does not include the right to:
- Sublicense, sell, resell, transfer, assign, or distribute the Service or any part thereof;
- Modify, copy, or create derivative works based on the Service;
- Reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Service;
- Access the Service to build a competitive product or service; or
- Use the Service in any manner that violates applicable law or this Agreement.
3. Account Registration and Security
To use the Service, you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at support@advisoreconomics.com if you become aware of any unauthorized use of your account.
4. QuickBooks Online Integration
4.1 Authorization. By connecting your QuickBooks Online account to the Service, you authorize us to access your QuickBooks Online data through Intuit's API in accordance with the permissions you grant during the OAuth 2.0 authorization flow.
4.2 Data Accessed. We access your chart of accounts, general ledger data (including income accounts, expense accounts, assets, liabilities, and equity), and related financial information at the firm level.
4.3 Intuit Terms. Your use of QuickBooks Online is governed by your separate agreement with Intuit. We are not responsible for any changes Intuit makes to their platform, API, or terms of service. You acknowledge that Intuit is a third-party beneficiary of this section and may enforce it directly.
4.4 Disconnection. You may disconnect your QuickBooks Online account from the Service at any time through your account settings or by revoking access via your Intuit account. Upon disconnection, we will cease accessing new data from your QuickBooks Online account.
5. Your Data
5.1 Ownership. You retain all ownership rights in the data you provide to us or that we access through QuickBooks Online on your behalf ("Your Data"). Nothing in this Agreement transfers ownership of Your Data to us.
5.2 License to Your Data. You grant us a limited, non-exclusive license to use, process, and store Your Data solely for the purposes of (a) providing the Service to you, (b) generating anonymized, aggregated benchmarks for all users, and (c) conducting industry research through Kitces.com using only anonymized and aggregated data. Your individual firm data is never shared in identifiable form.
5.3 Data Retention and Deletion. We retain Your Data for as long as your account is active or as needed to provide the Service. You may request deletion of Your Data at any time by contacting us at support@advisoreconomics.com. Upon receiving a deletion request, we will remove Your Data within thirty (30) days, except as required by law or legitimate business purposes (such as maintaining anonymized aggregate data).
5.4 Data Security. We implement industry-standard security measures to protect Your Data, including encryption in transit and at rest. For full details, see our Privacy Policy.
6. Privacy
Our collection, use, and disclosure of your information is governed by our Privacy Policy. By using the Service, you consent to the practices described in our Privacy Policy. Our Privacy Policy is incorporated into this Agreement by reference.
7. Subscription and Payment
7.1 Fees. Access to the Service requires a paid subscription. Current pricing is available on our website or will be communicated to you during the sign-up process. All fees are quoted in U.S. dollars.
7.2 Billing. Subscription fees are billed on a recurring monthly basis through our payment processor, Stripe. By providing payment information, you authorize us to charge your payment method for all applicable fees.
7.3 Cancellation. You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods.
7.4 Price Changes. We may change our pricing with at least thirty (30) days' prior written notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.
8. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable laws or regulations;
- Upload, transmit, or distribute any malicious code, viruses, or harmful content;
- Attempt to gain unauthorized access to the Service, other users' accounts, or our systems;
- Interfere with or disrupt the integrity or performance of the Service;
- Use automated means (bots, scrapers, etc.) to access the Service without our prior written consent;
- Misrepresent your identity or affiliation with any person or entity; or
- Use the Service in a manner that could damage, disable, overburden, or impair our infrastructure.
9. Intellectual Property
9.1 Our Rights. The Service, including all software, algorithms, designs, text, graphics, interfaces, KPI methodologies, benchmarking logic, and other materials, is the exclusive property of AdvisorEconomics or its licensors. All rights not expressly granted in this Agreement are reserved.
9.2 Trademarks. "AdvisorEconomics," our logo, and other marks are trademarks of AdvisorEconomics. You may not use our trademarks without our prior written consent.
9.3 Feedback. If you provide feedback, suggestions, or ideas regarding the Service, you grant us an unrestricted, irrevocable, perpetual, royalty-free license to use such feedback for any purpose without compensation or attribution to you.
10. Third-Party Services
The Service may integrate with or rely on third-party services, including but not limited to Intuit QuickBooks Online, Stripe, and cloud hosting providers. Your use of these third-party services is subject to their respective terms and policies. We are not responsible for the availability, accuracy, or practices of any third-party services.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
THE KPIS, BENCHMARKS, DIAGNOSTICS, AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE FINANCIAL, LEGAL, INVESTMENT, OR PROFESSIONAL ADVICE. YOU SHOULD NOT RELY SOLELY ON THE SERVICE WHEN MAKING BUSINESS DECISIONS.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADVISORECONOMICS, ITS FOUNDERS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
13. Indemnification
You agree to indemnify, defend, and hold harmless AdvisorEconomics, its founders (Abdennour Aissaoui and Michael Kitces), and their respective officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of this Agreement; (c) your violation of any applicable law or regulation; or (d) your infringement of any third-party rights.
14. Term and Termination
14.1 Term. This Agreement is effective as of the date you first access or use the Service and continues until terminated.
14.2 Termination by You. You may terminate this Agreement at any time by canceling your subscription and ceasing all use of the Service.
14.3 Termination by Us. We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to, violation of this Agreement, non-payment, or conduct that we reasonably believe is harmful to the Service or other users.
14.4 Effect of Termination. Upon termination, your license to use the Service immediately ceases. Sections 5.2 (as to anonymized data), 9, 11, 12, 13, 15, and 16 survive termination.
15. Governing Law and Dispute Resolution
15.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
15.2 Dispute Resolution. Any dispute, controversy, or claim arising out of or relating to this Agreement shall first be attempted to be resolved through good-faith negotiation between the parties for a period of thirty (30) days. If the dispute cannot be resolved through negotiation, it shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in a mutually agreed location or virtually. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
15.3 Class Action Waiver. YOU AGREE THAT ANY CLAIMS WILL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
16. General Provisions
16.1 Entire Agreement. This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and us regarding the Service and supersedes all prior agreements and understandings.
16.2 Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
16.3 Waiver. Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
16.4 Assignment. You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement without restriction.
16.5 Notices. All notices under this Agreement shall be sent to support@advisoreconomics.com. We may provide notices to you via the email address associated with your account or through the Service.
16.6 Amendments. We reserve the right to modify this Agreement at any time. Material changes will be communicated to you via email or through the Service at least thirty (30) days before they take effect. Your continued use of the Service after such changes constitutes acceptance of the modified Agreement.
16.7 Force Majeure. We shall not be liable for any failure or delay in performing our obligations under this Agreement due to causes beyond our reasonable control, including but not limited to natural disasters, acts of government, internet outages, or third-party service failures.
17. Contact Information
If you have any questions about this Agreement, please contact us at:
AdvisorEconomics
Email: support@advisoreconomics.com
Website: https://www.advisoreconomics.com
By using the Service, you acknowledge that you have read and understood this End-User License Agreement and agree to be bound by its terms.