Terms of Service

Last Updated: December 2, 2025

1. Acceptance of Terms

Welcome to fcfos.ai (the "Service"), operated by Swing Trust ("we," "us," or "our"). By accessing or using our Service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

fcfos.ai provides Fractional CFO services and AI consulting solutions for technology companies, SaaS businesses, and VC-backed organizations. Our services include:

  • Strategic financial planning and analysis (FP&A)
  • Cash flow management and forecasting
  • Financial reporting and board presentation preparation
  • Fundraising support and investor relations
  • AI implementation and automation consulting
  • Business intelligence and data analytics
  • Process automation and operational efficiency improvements

Our Service may be offered through various subscription plans and custom engagement models.

3. Account Registration and Security

3.1 Account Creation

To access certain features of our Service, you may be required to create an account. When creating an account, you must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Security

You are responsible for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these security obligations.

3.3 Account Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Service. By using our Service, you represent and warrant that you meet these requirements.

4. Subscription Plans and Payment

4.1 Service Plans

We offer various service plans with different features and pricing. The specific features, pricing, and terms of each plan are described on our website at the time of purchase or engagement.

4.2 Payment Terms

Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. Payment is due upon receipt of invoice or as otherwise specified in your service agreement.

4.3 Price Changes

We reserve the right to change our pricing at any time. For existing subscribers, we will provide at least 30 days' notice before any price increase takes effect. Your continued use of the Service after a price change constitutes your acceptance of the new pricing.

4.4 Late Payment

If payment is not received by the due date, we reserve the right to suspend or terminate your access to the Service until payment is received. Late payments may be subject to interest charges as permitted by applicable law.

4.5 Refund Policy

Our refund policy is detailed separately on our Refund Policy page. Please review it carefully before subscribing to our Service.

5. Acceptable Use Policy

You agree not to use the Service:

  • In any way that violates any applicable federal, state, local, or international law or regulation
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
  • To impersonate or attempt to impersonate Swing Trust, a Swing Trust employee, another user, or any other person or entity
  • To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service
  • In any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service
  • To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
  • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service

6. Your Data and Intellectual Property

6.1 Your Content

You retain all rights to any data, information, or content you submit to the Service ("Your Content"). By submitting Your Content, you grant us a limited, non-exclusive, royalty-free license to use, store, and process Your Content solely for the purpose of providing the Service to you.

6.2 Our Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Swing Trust and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used without our prior written permission.

6.3 Feedback

If you provide us with any feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without any obligation to you.

7. Data Security and Privacy

7.1 Data Security

We implement appropriate technical and organizational measures to protect Your Content and personal information from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the Internet or electronic storage is 100% secure.

7.2 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. Please review our Privacy Policy carefully.

7.3 Data Retention

We will retain Your Content for as long as your account is active or as needed to provide you the Service. If you close your account, we will delete Your Content within a reasonable time period, except as required to comply with legal obligations or resolve disputes.

8. Service Modifications and Termination

8.1 Service Changes

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

8.2 Termination by You

You may cancel your subscription by providing at least one calendar month's written notice through your account settings or by contacting us at [email protected]. During the notice period, you will continue to have access to the Service and will be billed for the notice period. Cancellation will take effect at the end of the calendar month following your notice period. No refunds will be provided for the notice period or any partial months of service.

8.3 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

9. Disclaimers and Limitations of Liability

9.1 Service "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS 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.

9.2 Professional Advice Disclaimer

The Service provides financial and business consulting services, but these services do not constitute legal, tax, accounting, or investment advice. You should consult with appropriate professionals for specific advice tailored to your situation.

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWING TRUST, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS 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 Service
  • Any conduct or content of any third party on the Service
  • Any content obtained from the Service
  • Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

10. Indemnification

You agree to indemnify, defend, and hold harmless Swing Trust, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Your Content or any content you submit to the Service

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Swing Trust operates, without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good faith negotiations. If negotiations fail, disputes shall be resolved through binding arbitration in accordance with the applicable arbitration rules, except where prohibited by law.

11.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

12. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our Service prior to the effective date of the changes. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the new Terms.

13. International Use and Compliance

Our Service is operated from various locations and may be accessed from around the world. If you access the Service from outside the country where our servers are located, you are responsible for compliance with local laws. We make no representation that the Service is appropriate or available for use in all locations.

We comply with applicable data protection regulations, including:

  • General Data Protection Regulation (GDPR) for users in the European Union
  • California Consumer Privacy Act (CCPA) for users in California
  • Protection of Personal Information Act (POPIA) for users in South Africa
  • Personal Information Protection and Electronic Documents Act (PIPEDA) for users in Canada

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Service, constitute the entire agreement between you and Swing Trust concerning the Service.

16. Contact Information

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

Swing Trust / fcfos.ai

Email: [email protected]

Website: fcfos.ai

Important Notice: By using fcfos.ai services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with any part of these Terms, you must not use our Service.