Terms of Service

These terms govern use of DealAtrium, operated by ExitPros LLC, a Colorado limited liability company ("ExitPros LLC," "we," "us"), 3123 W Union Ave, Englewood, CO 80110. By creating an account or using the platform, you agree to them.

DealAtrium is a deal management platform for mergers and acquisitions advisory firms. It is software. We are not a broker, dealer, investment adviser, or party to any transaction conducted through it, and nothing on the platform is legal, financial, tax, or investment advice.

• Advisory firms subscribe to the platform and invite their own advisors.
• Buyers register interest in businesses and hold their own account.
• Sellers are given access by the firm managing their sale.

You must be at least 18 and able to enter a binding contract. Accounts are personal — do not share credentials or let anyone else use your account.

Deal materials on this platform are confidential business information. Access is granted for the sole purpose of evaluating a possible transaction.

Where you have signed a non-disclosure agreement, that agreement governs and these terms do not narrow it. Independently of any NDA, you agree not to redistribute, republish, or use deal materials for any purpose other than evaluating the transaction they were provided for. Attempting to access materials you have not been granted access to is a breach of these terms.

By putting data into the platform, an advisory firm confirms that:

• it has the right to upload and share the materials it uploads;
• it has a lawful basis for providing us personal data about buyers and sellers, and has told those people how their data will be used;
• it is responsible for who it grants access to, and for revoking access when it should be revoked;
• it will not enter regulated categories of personal data into structured fields, filenames, or notes — Social Security and taxpayer identification numbers, personal financial account numbers, health information, consumer report information, biometric identifiers, and similar. Section 5.2 of the Data Processing Agreement has the full list;
• where it uploads seller due diligence materials, the seller has authority to disclose them and any notice or consent required from the individuals whose data appears in them has been given or obtained. Section 7 of the Data Processing Agreement sets this out;
• it will follow the redaction expectation in Section 5.5 — pseudonymised employee censuses, identities disclosed at closing.

Advisors who connect their own mailbox are responsible for the content of the email they send through it, and for complying with applicable email and marketing law.

Your data stays yours. We do not sell it, and we do not use it to train artificial intelligence models. That prohibition is absolute and is not qualified by anything below.

Operational telemetry. We measure how the platform runs and is used — feature usage, request volumes, timings, and error rates — to operate, secure, and improve it. This does not include document contents, deal materials, advisor notes, or buyer or seller identity.

Market benchmarks are opt-in and off by default. We may offer participating firms aggregate transaction statistics drawn from banded, de-identified fields. Your firm contributes nothing unless an administrator switches participation on, and can switch it off at any time. Until the setting is available in the platform, no firm participates and nothing is contributed. Documents, notes, company names, seller and buyer identity, exact financials, and correspondence are never contributed. The full terms, including the suppression thresholds, are in Section 15 of the Data Processing Agreement.

Documents are held, not read. No part of the platform extracts, transcribes, optically recognises, indexes, searches, summarises, or classifies the contents of an uploaded document, and no full-text index of document contents exists. Documents are sent to an authorised recipient's browser and rendered by the browser's own viewer. What we may do with a document is limited to this list and nothing beyond it: store, send, type-check, malware-scan, mark for traceability, and delete. Some of those steps mean opening a file's format; none involves reading what the document says. These are the operations permitted, not a warranty that each is performed on every file — Section 6.4.1 of the Data Processing Agreement is the statement on that. Section 6 of the Data Processing Agreement is the full statement, and we will not change it without 30 days' notice.

Export. On written request, at any time or on termination, we will provide your firm's records in a machine-readable format together with an archive of documents received through the platform, within 30 days. Deal marketing materials you uploaded are not included — you hold those originals, and you should keep them.

Deletion. We delete your firm's data from active systems within 30 days of termination, including executed non-disclosure agreements held for your firm. If you want to keep those, request your export before or at termination — we do not retain a copy for you afterwards, and the buyer receives their own copy by email from the signature provider when they sign. Buyer accounts belong to the buyer and are not deleted when a firm leaves. Full detail is in our Privacy Policy.

Legal demands. If we receive a subpoena or other binding legal demand for your data, we will tell you before disclosing anything unless legally prohibited, disclose only what the demand requires, and challenge a demand that appears overbroad or defective. See Section 13 of the Data Processing Agreement.

Where your firm gives us personal data about buyers, sellers, or your own advisors, we process it on your behalf under our Data Processing Agreement, which is incorporated into these terms as to advisory firms only and forms part of your firm's agreement with us.

Buyers and sellers are not parties to that agreement and are not agreeing to it by using the platform. How we handle their personal data is described in our Privacy Policy.

Where the Data Processing Agreement and these terms conflict on the handling of personal data, that agreement controls. On all other matters, including the limits on liability below, these terms control, and claims under both are subject to a single aggregate cap.

You agree not to:

• access data belonging to another firm, buyer, or seller;
• probe, scan, or test the security of the platform without our written permission;
• scrape or bulk-extract data by automated means;
• upload malware, or content you have no right to share. We may scan uploaded files, but we do not warrant that scanning detects malicious content and you should not rely on the platform as your malware control — scan what you download with your own tools;
• use the platform to send unsolicited bulk email.

We may suspend access immediately where we reasonably believe this section has been breached or that continued access puts other users' confidential information at risk.

We aim to keep the platform available and to give notice before planned maintenance, but we do not offer a guaranteed uptime commitment. The platform depends on third-party infrastructure whose interruptions are outside our control.

Fees. Subscription and implementation fees are the amounts shown on our pricing page when you sign up. Implementation fees are one-time. Subscriptions are billed monthly or annually, as you choose at signup.

Minimum commitment. If you choose monthly billing, you commit to a minimum period of three months on the Solo plan or six months on the Firm plan, counted from your start date. After the minimum period, either of us may end the subscription on thirty days' written notice. Fees paid for the minimum period are not refundable, except as stated under Refunds.

Annual plans. Annual subscriptions are billed in advance for twelve months.

Usage credit. If you meet the usage milestones in your written onboarding plan within sixty days of launch, we will credit your implementation fee against subscription fees for the twelve months after your first year of service, whether you pay monthly or annually. The credit has no cash value and is not refundable. If the subscription ends before that period begins, the credit is forfeited. If the milestones are not met, no credit is due. The milestones are defined in the onboarding plan, not here.

Implementation. The implementation fee covers configuring your firm and launching your first live deal. Migrating additional live deals is quoted separately, based on volume and complexity.

Due diligence room. Your subscription includes the due diligence room for each deal you take through LOI to close. If we offer it separately in future, we will give notice under Changes before the change applies to you.

A firm may terminate at any time. We may terminate for breach of these terms, or for non-payment where fees apply, with reasonable notice except where immediate suspension is warranted under Acceptable Use. Request your export before termination takes effect — the deletion timelines above begin at termination.

Refunds. Where you terminate because of an unresolved objection to a new subprocessor, or to a material change to the Data Processing Agreement, we will refund prepaid fees covering the period after termination on a pro-rata basis, and no early termination charge applies. In other cases prepaid fees are not refundable except where required by law.

The platform is provided "as is." To the fullest extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We are not liable for indirect, incidental, special, or consequential damages, or for lost profits or lost business opportunity. We are not responsible for the outcome of any transaction, for the accuracy of materials uploaded by a firm or seller, or for the conduct of any user.

Our total liability for any claim is limited to the fees you paid us in the twelve months before the claim arose. This cap applies in aggregate across these terms and the Data Processing Agreement. Nothing here limits liability that cannot be limited by law.

These terms are governed by the laws of the State of Colorado, without regard to its conflict of laws rules. The state and federal courts located in Colorado have exclusive jurisdiction over any dispute.

We may update these terms. We will change the effective date above and, for material changes, notify account holders by email. Continued use after a change means you accept it.

ExitPros LLC
3123 W Union Ave, Englewood, CO 80110
privacy@dealatrium.com