Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR ENGAGING OUR SERVICES. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE SITE.

These Terms and Conditions (this "Agreement" or "Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Lotus CFO ("Lotus CFO," "LCFO," "we," "us," or "our"), a professional services firm located at 933 Montgomery Avenue, #1017, Narberth, Pennsylvania 19072. This Agreement supersedes and replaces all prior terms and conditions published by Lotus CFO with respect to the Site.

1. The Site and Our Services

Lotus CFO operates the website located at lotuscfo.com and any subdomains, pages, tools, or online properties operated by Lotus CFO that link to these Terms, including assessment.lotuscfo.com (collectively, the "Site"), and, separately, offers professional services including proactive tax planning, fractional Chief Financial Officer ("CFO") services, bookkeeping, and related advisory engagements (collectively, the "Services"). These Terms govern your access to and use of the Site and any content, tools, assessments, lead magnets, newsletters, or communications made available through the Site. The provision of Services to clients is governed separately by a written engagement letter or services agreement executed between Lotus CFO and the client; in the event of any conflict between these Terms and such engagement letter, the engagement letter shall control with respect to the Services.

2. No Professional Advice; Informational Purposes Only

All content, materials, articles, guides, quizzes, assessments, calculators, case studies, testimonials, newsletters, social media posts, and other information made available through the Site (collectively, "Site Content") are provided for general informational and marketing purposes only. For clarity, this general-content description applies to free website tools, quizzes, scorecards, or informational assessments made available through the Site. A paid professional-service deliverable performed under an engagement or paid service, such as the 5-Day Tax Savings Assessment, is a professional service governed by the applicable engagement agreement and is not merely general website information or marketing content. Site Content is not, and shall not be construed as, tax, accounting, legal, financial, investment, or other professional advice. Site Content is not a substitute for advice from a qualified professional who has reviewed your specific facts and circumstances. Tax laws and regulations are subject to change, may be interpreted differently by different taxing authorities, and their application to any particular situation depends on numerous variables. You should not act or refrain from acting on the basis of any Site Content without first obtaining advice from a qualified tax, legal, or financial professional. Lotus CFO disclaims any and all liability for actions taken or not taken based on Site Content.

3. Client Relationship and Confidentiality

Your use of the Site, your submission of a contact form or intake form, your completion of the Tax Efficiency Score or similar assessment, your subscription to any newsletter or mailing list, your booking of a consultation, or any other communication with Lotus CFO through the Site does not create a client relationship between you and Lotus CFO. A professional services relationship is established only upon the execution of a written engagement letter between you and Lotus CFO and satisfaction of any conditions specified therein.

General inquiries, comments, and unencrypted electronic communications you send to Lotus CFO prior to the execution of an engagement letter are not protected by any accountant-client privilege or similar doctrine and should not include sensitive personal, financial, or tax information beyond what is requested through a qualification or assessment tool described below.

Responses you submit through a qualification or assessment tool made available on the Site, such as the Tax Efficiency Score, the 5-Day Tax Savings Assessment qualification process, or similar tools, including any income, tax liability, business revenue, business profit, household taxable income, or similar financial or business information you provide in that context, are treated as confidential in accordance with our Privacy Policy.

Those responses are used solely to evaluate your potential fit for our Services and to communicate with you regarding the assessment, qualification process, or related Services.

Submitting qualification or assessment responses does not create a client relationship and does not give rise to accountant-client privilege. A professional services relationship and any privileges or protections arising from that relationship begin only upon execution of a written engagement letter, subject to applicable law.

4. Eligibility

The Site and Services are intended for use by adult individuals who are at least eighteen (18) years of age and who are authorized to enter into binding agreements on behalf of themselves or a business entity. By accessing the Site, you represent and warrant that you meet these eligibility requirements. The Services are offered exclusively to businesses and individuals located within the United States.

5. Permitted Use of the Site

Subject to your compliance with these Terms, Lotus CFO grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal or internal business informational purposes. You agree not to, and agree not to permit any third party to: (i) copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, lease, or otherwise exploit any portion of the Site or Site Content without Lotus CFO's prior written consent; (ii) modify, translate, adapt, or create derivative works based upon the Site or Site Content; (iii) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or underlying ideas or algorithms from the Site; (iv) use the Site or Site Content in any manner that infringes the intellectual property rights or proprietary rights of Lotus CFO or any third party; (v) use the Site or Site Content to develop, train, or improve any artificial intelligence or machine learning model; (vi) use any robot, spider, scraper, or other automated means to access the Site for any purpose without Lotus CFO's express written permission; (vii) interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; (viii) attempt to gain unauthorized access to any portion of the Site or any related systems or networks; (ix) use the Site for any unlawful, fraudulent, harmful, defamatory, harassing, or otherwise objectionable purpose; or (x) use the Site in violation of any applicable local, state, federal, or international law or regulation.

6. User Submissions

Any comments, feedback, suggestions, ideas, questions, or other materials that you submit to Lotus CFO through the Site or otherwise, other than responses submitted through a qualification or assessment tool as described in Section 3 (collectively, "User Submissions"), shall be deemed non-confidential and non-proprietary.

By submitting User Submissions, you grant Lotus CFO a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Submissions in any media and for any purpose, including without limitation for marketing, promotional, and service-improvement purposes.

You represent and warrant that you have all rights necessary to grant the foregoing license and that your User Submissions do not violate the rights of any third party.

User Submissions do not include qualification or assessment responses described in Section 3, confidential client records, materials submitted or created in connection with a paid professional-services engagement, documents uploaded through a secure client portal, or private communications relating to professional services. Those materials are governed by the applicable engagement agreement, Privacy Policy, and other professional obligations and are not subject to the license granted in this Section.

Responses submitted through a qualification or assessment tool are governed instead by Section 3 above and by our Privacy Policy and are not subject to the license granted in this Section.

7. Intellectual Property Rights

The Site and all Site Content, including without limitation text, graphics, logos, images, photographs, video, audio, software, designs, layouts, trademarks, service marks, trade names, and the compilation and arrangement thereof, are the property of Lotus CFO or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. "Lotus CFO," the Lotus CFO logo, "The Tax Alignment Method," and any other product or service names, logos, slogans, or taglines used by Lotus CFO are trademarks of Lotus CFO and may not be used without Lotus CFO's prior written consent. Nothing in these Terms shall be construed as conferring any license or right to use any Lotus CFO trademark or other intellectual property, whether by implication, estoppel, or otherwise.

8. Third-Party Links and Services

The Site may contain links to third-party websites, services, tools, or resources that are not owned or controlled by Lotus CFO. Lotus CFO provides such links solely as a convenience and does not endorse, sponsor, or assume responsibility for any third-party website, service, tool, or resource, or for any content, products, services, advertising, or other materials available therein. Your access to and use of any third-party website, service, tool, or resource is at your own risk and is subject to the terms and policies of such third party. Lotus CFO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance on, any such third-party website, service, tool, or resource.

9. Electronic Communications and Marketing

When you provide your email address, telephone number, or other contact information to Lotus CFO in connection with a qualification or assessment tool, a consultation request, or an inquiry, Lotus CFO may use that contact information to administer the qualification process, communicate qualification status, communicate about the 5-Day Tax Savings Assessment or related services, provide payment or onboarding information, respond to your inquiries, and provide service-related communications. These communications are transactional and service-related and are not general marketing communications; providing your contact information for these purposes does not constitute consent to receive newsletters or general marketing messages, and you are not required to agree to receive general marketing messages in order to submit a qualification or assessment form.

Separately, if you subscribe to our mailing list or otherwise opt in, Lotus CFO may send newsletters, promotional messages, educational content, service updates, and other general marketing communications in accordance with our Privacy Policy and applicable law, including the CAN-SPAM Act of 2003. You may opt out of marketing communications at any time by following the unsubscribe instructions included in any such communication or by contacting us at hello@lotuscfo.com. Opt-out requests will be honored promptly and in no event later than ten (10) business days following receipt.

10. Disclaimer of Warranties

THE SITE AND SITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LOTUS CFO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, AND NON-INFRINGEMENT. LOTUS CFO MAKES NO WARRANTY OR REPRESENTATION THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE INFORMATION OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOTUS CFO OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

11. No Guarantee of Results

Lotus CFO makes no guarantee, representation, or warranty regarding the tax savings, cash-flow improvements, financial outcomes, or other results that any individual or business may achieve through the use of the Site Content or the engagement of the Services. Any statistics, case studies, testimonials, or examples of savings referenced on the Site represent the actual or representative results of specific clients and are not a promise or projection of the results any particular client may achieve. Results depend on numerous factors, including individual circumstances, applicable tax law, client implementation, and changes in regulatory and economic conditions.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOTUS CFO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LOTUS CFO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, LOTUS CFO'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS (US $100.00). THE LIMITATIONS SET FORTH IN THIS SECTION SHALL NOT APPLY TO CLAIMS ARISING UNDER A SEPARATELY EXECUTED ENGAGEMENT LETTER BETWEEN LOTUS CFO AND A CLIENT, WHICH SHALL BE GOVERNED BY THE TERMS OF SUCH ENGAGEMENT LETTER.

13. Indemnification

You agree to indemnify, defend, and hold harmless Lotus CFO and its officers, directors, employees, agents, contractors, affiliates, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or in connection with (i) your access to or use of the Site or Site Content; (ii) your breach of these Terms; (iii) your violation of any applicable law, rule, or regulation; (iv) your violation of the rights of any third party; or (v) any User Submissions you provide to Lotus CFO. Lotus CFO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with Lotus CFO's defense of such matter.

14. Modifications to the Site and Terms

Lotus CFO reserves the right, at any time and in its sole discretion, to modify, suspend, or discontinue the Site or any portion thereof, temporarily or permanently, with or without notice. Lotus CFO further reserves the right to modify these Terms at any time by posting the modified Terms on the Site and updating the "Last Updated" date above. Your continued access to or use of the Site following the posting of any modified Terms constitutes your acceptance of such modifications. It is your responsibility to review these Terms periodically.

15. Termination

Lotus CFO may, at its sole discretion and without prior notice, terminate or suspend your access to the Site at any time and for any reason, including without limitation for any violation of these Terms. Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. Governing Law; Venue

These Terms and any dispute arising out of or relating to these Terms or your access to or use of the Site shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles. You agree that any legal action or proceeding arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in Montgomery County, Pennsylvania, and you hereby consent to the personal jurisdiction and venue of such courts.

17. Statute of Limitations

You agree that any cause of action arising out of or related to the Site or these Terms must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.

18. Waiver and Severability

The failure of Lotus CFO to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to render it enforceable, and the remaining provisions of these Terms shall remain in full force and effect.

19. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Lotus CFO's prior written consent. Any attempted assignment or transfer in violation of this provision shall be null and void. Lotus CFO may freely assign or transfer these Terms without restriction.

20. Entire Agreement

These Terms, together with the Privacy Policy and any engagement letter executed between you and Lotus CFO, constitute the entire agreement between you and Lotus CFO with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Lotus CFO with respect to the Site.

21. Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions. Lotus CFO reserves the right to correct any such errors, inaccuracies, or omissions and to change or update information at any time, without prior notice. Lotus CFO undertakes no obligation to update, amend, or clarify information on the Site except as required by law.

22. Contact Information

Questions regarding these Terms should be directed to:

Lotus CFO
Attn: Legal
933 Montgomery Avenue, #1017
Narberth, Pennsylvania 19072
Email: hello@lotuscfo.com