Terms of Service
Last updated January 18, 2025
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Odeon, LLC, doing business as LBOSoft ("LBOSoft," "we," "us," or "our"), concerning your access to and use of the LBOSoft website and application (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.
2. Description of Services
LBOSoft provides financial modeling software and tools designed to assist users with leveraged buyout (LBO) analysis, financial projections, and related financial planning activities. The Services are intended for informational and educational purposes and to assist with financial analysis.
3. User Accounts
To access certain features of the Services, you must create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, not current, or incomplete.
4. Acceptable Use
You agree not to use the Services to:
- Violate any applicable laws or regulations
- Infringe upon or violate the intellectual property rights of others
- Transmit any harmful, threatening, abusive, or otherwise objectionable material
- Attempt to gain unauthorized access to any portion of the Services or any systems or networks connected to the Services
- Interfere with or disrupt the Services or servers or networks connected to the Services
- Use any automated means to access the Services without our express permission
- Reverse engineer, decompile, or disassemble any portion of the Services
- Resell, sublicense, or otherwise commercialize the Services without our express written consent
5. Intellectual Property
The Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, and the design, selection, and arrangement thereof, are owned by LBOSoft, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms do not grant you any right, title, or interest in or to the Services or any content therein.
6. User Content
You retain ownership of any data, information, or content you upload, submit, or create through the Services ("User Content"). By uploading or submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process such User Content solely for the purpose of providing the Services to you.
You are solely responsible for your User Content and represent that you have all rights necessary to grant us the license described above.
7. Payment and Subscription
Certain features of the Services may require payment of fees. If you choose to subscribe to a paid plan:
- You agree to pay all applicable fees as described at the time of purchase
- Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your selected plan)
- You authorize us to charge your designated payment method for all fees due
- All fees are non-refundable except as expressly set forth in these Terms or as required by applicable law
8. Disclaimer of Warranties
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.
LBOSoft does not warrant that the Services will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Services or the servers that make the Services available are free of viruses or other harmful components.
Financial Disclaimer: The Services are tools for financial analysis and modeling. The outputs, projections, and calculations provided by the Services are for informational purposes only and do not constitute financial, investment, legal, tax, or other professional advice. You should not rely solely on the Services for making any financial or investment decisions. We strongly recommend consulting with qualified professionals before making any financial decisions.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LBOSOFT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your access to or use of or inability to access or use the Services
- Any conduct or content of any third party on the Services
- Any content obtained from the Services
- Unauthorized access, use, or alteration of your transmissions or content
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
10. Indemnification
You agree to defend, indemnify, and hold harmless LBOSoft and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including attorney's fees) arising from:
- Your use of the Services
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property rights
- Your User Content
11. Termination
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.
Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Delaware for the resolution of any disputes arising out of or relating to these Terms or the Services.
13. Changes to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes to these Terms, we will provide notice through the Services or by other means. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
14. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
15. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and LBOSoft regarding the Services and supersede all prior agreements and understandings.
16. Contact Us
If you have any questions about these Terms, please contact us at:
Odeon, LLC(doing business as LBOSoft)
Email: support@lbosoft.com