End-User License Agreement

This End-User License Agreement (“EULA”) is a legal agreement between you (“User,” “you,” or “your”) and Shikari Development Group, LLC (“Elevate Small Business,” “we,” “us,” or “our”) governing your use of the Elevate Small Business platform, including all associated web applications, APIs, and services (collectively, the “Platform”).

This EULA supplements our Terms of Service and Privacy Policy. In the event of a conflict between this EULA and the Terms of Service, the Terms of Service shall govern unless this EULA expressly states otherwise with respect to a specific matter.

1. Acceptance of Terms

By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by this EULA, our Terms of Service, and our Privacy Policy. If you are using the Platform on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to this EULA.

If you do not agree to all terms of this EULA, you must not access or use the Platform.

2. License Grant

Subject to the terms of this EULA and your compliance with all applicable agreements, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform via supported web browsers for your internal business purposes.

The Platform is a cloud-based service. No software is installed on your devices, and no ownership interest in the Platform or its underlying technology is transferred to you. We retain all right, title, and interest in the Platform, including all intellectual property rights.

You agree not to:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Platform
• Copy, modify, create derivative works from, or distribute any part of the Platform
• Sublicense, lease, rent, or lend access to the Platform to any third party
• Use the Platform to build a competing product or service
• Remove, alter, or obscure any proprietary notices on the Platform
• Use automated tools (bots, scrapers, crawlers) to access the Platform except as expressly authorized via our APIs

3. Third-Party Integrations and Connected Services

The Platform may allow you to connect third-party accounting, financial, banking, and business platforms (“Connected Services”) to enable data synchronization and analysis. When you connect a Connected Service, you authorize us to access, retrieve, store, and process data from that service on your behalf and in accordance with our Privacy Policy.

3.1 General Terms for All Connected Services

User Authorization. By connecting a Connected Service, you represent and warrant that: (a) you have the legal authority to authorize the connection; (b) you have the right to share the data accessible through the Connected Service; and (c) you consent to our accessing, storing, and processing that data as described in this EULA and our Privacy Policy.

Dual Terms. Your use of each Connected Service is also governed by that service's own terms of service, privacy policy, and any applicable end-user agreements. You are responsible for reviewing and complying with those third-party terms. We are not a party to your agreement with any Connected Service provider.

Data Accuracy. We retrieve data from Connected Services as-is. We do not independently verify, audit, or guarantee the accuracy, completeness, or timeliness of data obtained from Connected Services. You are solely responsible for ensuring that data in your connected accounts is accurate before relying on any analysis, reports, or insights generated by the Platform.

Disconnect Rights. You may disconnect any Connected Service at any time through the Platform's integration settings. Upon disconnection: (a) we will cease retrieving new data from that service; (b) we will revoke our authorization tokens with the provider where technically possible; and (c) previously synchronized data will be retained in accordance with our Privacy Policy and applicable data retention requirements.

Service Availability. Connected Service integrations depend on the availability and continued operation of third-party APIs. We do not guarantee uninterrupted access to any Connected Service and are not liable for downtime, API changes, or discontinued functionality on the part of any third-party provider.

3.2 QuickBooks Online (Intuit)

When you connect your QuickBooks Online account, you authorize us to access the following data through Intuit's OAuth 2.0 authorization framework using the com.intuit.quickbooks.accounting permission scope:

• Financial Reports: Profit & Loss statements, Balance Sheet reports, and Cash Flow summaries
• Chart of Accounts: Account names, types, subtypes, and hierarchical structure
• Transaction Data: Individual transaction records including dates, amounts, descriptions, and associated accounts
• Customer and Vendor Lists: Contact names, company names, email addresses, phone numbers, and billing addresses

Sync Schedule. After initial connection, data is synchronized automatically on a weekly basis and may also be refreshed on-demand when authorized users view financial analysis features. You may trigger a manual sync at any time.

Data Use. QuickBooks data is used to: (a) generate financial reports and analytics; (b) support capital application processes and due diligence; (c) enable AI-assisted account categorization and financial analysis; and (d) create point-in-time financial snapshots for loan applications or advisory review.

Token Security. Your QuickBooks authorization credentials (OAuth tokens) are encrypted using AES-256-GCM encryption before storage and are never exposed to browser-side code. All QuickBooks API calls are made server-side only. See our Privacy Policy for additional details on our security practices.

Intuit Terms. Your connection to QuickBooks Online is subject to Intuit's Terms of Service and Privacy Statement. We encourage you to review those documents before connecting your account.

4. Financial Data and Disclaimers

The Platform provides business intelligence tools, data analytics, and reporting features. These tools are designed to assist you in understanding your business data and making informed decisions.

The Platform does not provide financial, tax, legal, or investment advice. All analysis, reports, categorizations, and insights generated by the Platform — including those produced by artificial intelligence or machine learning models — are informational only and should not be relied upon as a substitute for professional advice from a qualified accountant, financial advisor, tax professional, or attorney.

No Warranty on Financial Outcomes. We make no representations or warranties regarding: (a) the accuracy of AI-assisted categorizations or financial analysis; (b) the outcome of any capital application, procurement opportunity, or business decision made using the Platform; (c) the tax implications of any financial data displayed; or (d) the suitability of any financial product or service made available through the Platform.

User Responsibility. You are solely responsible for: (a) verifying the accuracy of all financial data and reports; (b) making your own business, tax, and financial decisions; (c) maintaining appropriate records for regulatory and tax compliance; and (d) engaging qualified professionals for financial, tax, or legal advice.

5. Data Security

We implement industry-standard security measures to protect your data, including:

• Encryption at Rest: Sensitive data, including OAuth tokens and credentials, is encrypted using AES-256-GCM encryption before storage
• Encryption in Transit: All data transmitted between your browser and our servers, and between our servers and third-party services, is protected using TLS 1.2 or higher
• Server-Side Processing: All third-party API calls are made server-side. Sensitive credentials are never exposed to client-side code or browser environments
• Multi-Tenant Isolation: Data is isolated at the entity level using Row Level Security (RLS) policies. Users can only access data for entities they are authorized to view
• Access Controls: Role-based access controls restrict actions based on user roles (admin, member, advisor, etc.)
• Audit Logging: Significant actions — including connections, disconnections, data syncs, and account mapping changes — are logged for security and compliance purposes

While we take reasonable measures to protect your data, no method of electronic transmission or storage is completely secure. We cannot guarantee absolute security and are not liable for unauthorized access resulting from factors beyond our reasonable control.

For details on how we handle security incidents and breach notification, see our Privacy Policy. To report a security concern, contact us at security@elevatesb.com.

6. Artificial Intelligence and Automated Processing

The Platform uses artificial intelligence and machine learning models to provide features including, but not limited to: account categorization, financial analysis, business plan generation, and data-driven insights.

AI Limitations. AI-generated outputs may contain errors, inaccuracies, or biases. You should review all AI-generated content before relying on it for any business decision. We do not guarantee the accuracy, completeness, or reliability of AI-generated outputs.

Data Processing. Your data may be processed by third-party AI model providers (such as Google and Anthropic) to deliver these features. Data sent to AI models is transmitted securely and is not used by these providers to train their models. See our Privacy Policy and Data Processing Agreement for details on sub-processors.

7. Service Modifications and Availability

We reserve the right to modify, update, or discontinue any feature or functionality of the Platform at any time, with or without notice. We will make reasonable efforts to notify users of material changes that affect their use of the Platform.

The Platform is provided on an “as available” basis. We do not guarantee continuous, uninterrupted access and may perform scheduled maintenance or emergency updates that temporarily affect availability.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

ELEVATE SMALL BUSINESS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• FINANCIAL LOSSES RESULTING FROM RELIANCE ON PLATFORM-GENERATED ANALYSIS, REPORTS, OR AI-ASSISTED CATEGORIZATIONS
• DAMAGES ARISING FROM INACCURATE, INCOMPLETE, OR DELAYED DATA OBTAINED FROM CONNECTED SERVICES
• LOSSES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA DUE TO FACTORS BEYOND OUR REASONABLE CONTROL
• DAMAGES ARISING FROM ACTIONS OR OMISSIONS OF THIRD-PARTY CONNECTED SERVICE PROVIDERS

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THIS EULA OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

9. Indemnification

You agree to indemnify, defend, and hold harmless Elevate Small Business, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Platform or any Connected Service
• Your violation of this EULA or any applicable law
• Your misuse of financial data obtained through the Platform
• Inaccurate or misleading data you provide to or through the Platform
• Any claim by a third party resulting from your use of data obtained through Connected Services
• Your failure to comply with the terms of any Connected Service provider

10. Term and Termination

This EULA is effective upon your first access to or use of the Platform and continues until terminated.

Termination by You. You may terminate this EULA at any time by closing your account and ceasing all use of the Platform. To close your account, contact us at support@elevatesb.com.

Termination by Us. We may suspend or terminate your access to the Platform at any time, with or without cause, with or without notice, including for violation of this EULA or our Terms of Service.

Effect of Termination. Upon termination: (a) your license to use the Platform immediately ceases; (b) Connected Services will be disconnected; (c) your data will be handled in accordance with our Privacy Policy, including any applicable retention periods for financial and legal compliance; and (d) provisions of this EULA that by their nature should survive termination (including Sections 4, 8, 9, and 11) shall survive.

11. Governing Law and Dispute Resolution

This EULA shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. Any disputes arising from this EULA shall be resolved in the state or federal courts located in Suffolk County, Massachusetts.

12. General Provisions

Entire Agreement. This EULA, together with our Terms of Service, Privacy Policy, and Data Processing Agreement, constitutes the entire agreement between you and Elevate Small Business regarding the Platform.

Severability. If any provision of this EULA is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver. Our failure to enforce any provision of this EULA shall not constitute a waiver of that provision or any other provision.

Assignment. You may not assign or transfer this EULA without our prior written consent. We may assign this EULA without restriction.

Modifications. We reserve the right to modify this EULA at any time. Material changes will be communicated by posting the updated EULA on the Platform and updating the date above. Your continued use of the Platform after any changes constitutes acceptance of the modified EULA.

13. Contact Information

If you have questions about this EULA, please contact us:

General inquiries: support@elevatesb.com
Security concerns: security@elevatesb.com

Mailing address:
Shikari Development Group, LLC
386 Western Avenue
Boston, MA 02135