Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Frankly Business Advisors ("we," "us," or "our") governing your access to and use of the website located at franklyadvisors.com and all related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. We recommend that you print or save a copy of these Terms for your records.

2. Description of Services

Frankly Business Advisors operates a private deal origination platform that:

• Facilitates confidential introductions between business owners considering a sale and vetted prospective buyers
• Provides matching services based on acquisition criteria, industry preferences, and location requirements
• Offers a secure environment for initial discussions and deal exploration
• Maintains strict confidentiality throughout the introduction process

Important: We act as an intermediary to facilitate introductions. We are not a broker, agent, or fiduciary for either party. All negotiations, due diligence, and transaction terms are the sole responsibility of the parties involved.

3. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Services under applicable law
• Provide accurate and complete information during registration

If you are using the Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

4. User Accounts

Certain features of our Services require you to create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your login credentials confidential and secure
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate your account if any information provided is inaccurate, outdated, or incomplete, or if we reasonably believe you have violated these Terms.

5. Confidentiality Obligations

Confidentiality is fundamental to our Services. By using our platform, you agree to:

• Keep all information about businesses, opportunities, and other users strictly confidential
• Not disclose any confidential information to third parties without express written consent
• Use confidential information solely for the purpose of evaluating potential opportunities
• Not contact business owners or their employees directly without going through our platform
• Return or destroy all confidential information upon request or upon termination of discussions

Breach of these confidentiality obligations may result in immediate termination of your access to the Services and may give rise to legal liability.

6. User Responsibilities

You agree to use the Services in accordance with these Terms and applicable law. Specifically, you agree not to:

• Provide false, misleading, or fraudulent information
• Impersonate any person or entity or misrepresent your affiliation
• Use the Services for any unlawful purpose or in violation of any applicable law
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of the Services
• Use automated means to access the Services without our express permission
• Circumvent any access restrictions or security measures
• Harvest or collect information about other users without consent
• Use the Services to send unsolicited communications or spam

7. Intellectual Property

Our Property: The Services, including all content, features, functionality, software, text, graphics, logos, and trademarks, are owned by Frankly Business Advisors or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our prior written consent.

Your Content: You retain ownership of any information, data, or materials you submit through the Services ("User Content"). By submitting User Content, you grant us a non-exclusive, royalty-free, worldwide license to use, store, display, and process your User Content solely for the purpose of providing the Services.

Feedback: If you provide suggestions, ideas, or feedback about our Services, we may use them without any obligation to compensate you.

8. Disclaimers

No Guarantees: We do not guarantee that you will find a suitable business opportunity or buyer, that any introduction will result in a transaction, or that any transaction will be successful. The outcome of any discussions or negotiations is entirely between the parties involved.

Information Accuracy: While we strive to provide accurate information, we do not verify and cannot guarantee the accuracy, completeness, or reliability of any information provided by users or third parties. You are solely responsible for conducting your own due diligence.

Third-Party Links: Our Services may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or actions of these third parties.

As-Is Basis: THE SERVICES ARE 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, AND NON-INFRINGEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• FRANKLY BUSINESS ADVISORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL.
• OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
• WE ARE NOT LIABLE FOR ANY ACTIONS, OMISSIONS, OR CONDUCT OF OTHER USERS OR THIRD PARTIES.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

10. Indemnification

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

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of a third party
• Any User Content you submit
• Any transaction or dispute between you and another user

11. Termination

By You: You may terminate your account at any time by contacting us or using the account settings.

By Us: We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to, violation of these Terms, fraudulent or illegal activity, or extended inactivity.

Effect of Termination: Upon termination, your right to use the Services will immediately cease. Provisions that by their nature should survive termination (including confidentiality obligations, disclaimers, indemnification, and limitations of liability) will remain in effect.

12. Governing Law & Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Jurisdiction: You agree to submit to the exclusive jurisdiction of the courts located in Ontario, Canada for the resolution of any disputes arising out of or relating to these Terms or the Services.

Informal Resolution: Before initiating any legal proceeding, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.

13. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on our website with a new "Last updated" date. Your continued use of the Services after any changes constitutes acceptance of the revised Terms.

We encourage you to review these Terms periodically to stay informed of any updates.

14. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Frankly Business Advisors regarding the Services.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Force Majeure: We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control.

15. Contact Us

If you have any questions about these Terms of Service, please contact us at: