Terms of Service

1. Agreement to Terms and Services Overview

Aerca is developing an advanced, autonomous finance-operations system designed specifically for agencies and professional service firms. Our Services are intended to provide financial visibility, cash flow forecasting, and automated invoicing workflows. The platform is currently in active pre-launch development, with an anticipated public release in 2026. Currently, we offer informational resources, a free waitlist program, and an exclusive paid founding-access program. By interacting with any of these offerings, you accept these Terms in their entirety. If you do not agree to these Terms, you must immediately cease all use of our Services.

2. Account Eligibility, Registration, and Authority

Our Services are strictly business-to-business (B2B). You must be at least eighteen (18) years of age and possess the legal capacity to enter into a binding contract to use Aerca. By opening an account or reserving a seat on behalf of a business, agency, corporate entity, or other organization, you represent and warrant that you are an authorized representative of that entity with the explicit authority to bind the entity to these Terms. You agree to provide accurate, current, and complete information during registration and to maintain the security of your account credentials. You are solely responsible for all activities that occur under your account. Aerca reserves the right to suspend or terminate accounts that provide false, misleading, or outdated information.

3. Waitlist Program Terms

Participation in the free Aerca waitlist incurs no financial cost and imposes no obligation to purchase future services. Joining the waitlist registers your interest, grants you access to our initial Cash-Flow Teardown resources, and ensures you receive priority notifications regarding product updates and launch-day offers. However, joining the waitlist does not guarantee you access to the Beta platform or a founding seat. We reserve the right to manage waitlist admissions at our sole discretion. You may opt out of our waitlist communications at any time by utilizing the unsubscribe link in our correspondence.

4. Founding Access Program, Fees, and Refund Policy

We offer a highly limited Founding Access Program for early adopters. By completing our application, you may reserve a seat in the Aerca Founding Cohort. The following explicit terms apply to this program:

5. Privacy, Data Protection, and Security

As a financial technology provider, the security and privacy of your data are our highest priorities. You agree to our processing of your personal and corporate data as described in our Privacy Policy. Furthermore, we employ enterprise-grade cryptographic standards to protect your financial data, as detailed in our Data Security and Encryption policy. We implement zero-trust architectures, TLS 1.3 in-transit encryption, and AES-256 at-rest encryption to ensure the confidentiality and integrity of your agency's financial information.

6. Acceptable Use and Prohibited Activities

You agree to use Aerca solely for its intended lawful, commercial purposes. You are strictly prohibited from engaging in any of the following activities:

Aerca reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.

7. Third-Party Integrations and Financial Data

The core functionality of Aerca relies on secure integrations with authorized third-party platforms (e.g., QuickBooks, Xero, Harvest). We access these platforms strictly via their official OAuth APIs under the Principle of Least Privilege. Your use of these third-party services is governed by their respective Terms of Service and Privacy Policies. Aerca does not store your direct login credentials for these services. While our system intelligently drafts and prepares financial actions (e.g., invoice generation, follow-ups), Aerca operates on a strict explicit authorization framework: the system will always wait for your final manual approval before executing any operation that affects a client relationship or transfers funds. We are not liable for any downtime, API changes, or data inaccuracies originating from these third-party services.

8. Intellectual Property and Proprietary Rights

The Services, including their "look and feel," design, text, graphics, algorithms, software, and underlying codebase, are the exclusive intellectual property of Aerca and its licensors, protected by copyright, trademark, patent, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the platform strictly in accordance with these Terms. You retain full ownership of the raw financial data and content you input into the system. If you provide us with any feedback, suggestions, or ideas regarding the Services, you grant us a perpetual, worldwide, irrevocable, royalty-free license to use and incorporate such feedback without compensation to you.

9. Disclaimers: Assistive AI CFO and Decision Support

Aerca is designed to act as an always-on, assistive AI CFO and finance team for your agency. Our platform exists to empower founders with the critical insights, cash-flow forecasting, and strategic suggestions required to maintain financial health and make crucial financing decisions. However, Aerca is an assistive tool, not a human replacement. While it functions as a highly advanced financial copilot operating 24x7, it is a software technology provider, not a certified public accountant, registered financial advisor, or law firm. The insights, suggestions, and automated drafts provided by the platform do not constitute certified professional accounting, tax, or legal advice. As the founder or authorized operator, you retain ultimate control and are entirely responsible for verifying the accuracy of all financial actions, invoices, and projections before executing them. We strongly recommend consulting with your human professionals for certified audits, tax filings, or complex legal structuring. The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

10. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Aerca, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of business opportunity, loss of data, or business interruption, arising out of or in connection with these Terms or your use of the Services. In no event shall our aggregate cumulative liability exceed the greater of one hundred U.S. dollars ($100) or the total amount you paid to Aerca in the twelve (12) months immediately preceding the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless Aerca, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual property or privacy rights; or (d) any claim that your data caused damage to a third party.

12. Governing Law, Arbitration, and Class Action Waiver

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be determined by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. You and Aerca agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13. Modifications to the Service and Terms

Aerca operates in a dynamic, fast-evolving technological environment. We reserve the right to modify, suspend, or discontinue any part of the Services at any time. Furthermore, we may revise these Terms from time to time. The most current version will always be posted on this page with an updated "Last updated" date. If a revision is material, we will provide you with reasonable advance notice (e.g., via email). Your continued use of the Services following the posting of updated Terms constitutes your binding acceptance of the changes.

14. Contact and Notices

If you have any questions, legal inquiries, or formal notices regarding these Terms, please contact us via the contact form on our homepage or by directing inquiries to our legal department. All formal notices to Aerca must be submitted in writing.