Updated on June 13, 2025
Updated on June 13, 2025
Terms of use
By using Enkai Platform, you agree to these Terms of Use. Please read them carefully.
By using Enkai Platform, you agree to these Terms of Use. Please read them carefully.
Definitions
As used in this Agreement: "Platform" means the Enkai software-as-a-service application and all co-branded environments powered by Enkai. "Subscriber" means the organization that has licensed access to the Platform. "Advisor" means any business coach, guide, consultant, or implementer who accesses the Platform to perform analysis on behalf of clients. "Company User" means a business owner or operator whose financial data is submitted through the Platform. "User" means any Advisor or Company User. "Subscriber Data" means all data, information, content, and materials uploaded to or generated through the Platform by or on behalf of a Subscriber, Advisor, or Company User. "BVR Data" means market transaction data licensed from Business Valuation Resources, LLC and its DealStats™ product.
As used in this Agreement: "Platform" means the Enkai software-as-a-service application and all co-branded environments powered by Enkai. "Subscriber" means the organization that has licensed access to the Platform. "Advisor" means any business coach, guide, consultant, or implementer who accesses the Platform to perform analysis on behalf of clients. "Company User" means a business owner or operator whose financial data is submitted through the Platform. "User" means any Advisor or Company User. "Subscriber Data" means all data, information, content, and materials uploaded to or generated through the Platform by or on behalf of a Subscriber, Advisor, or Company User. "BVR Data" means market transaction data licensed from Business Valuation Resources, LLC and its DealStats™ product.
Data Confidentiality & Privacy
2.1 General Commitment
All financial and business data submitted to the Platform is treated as confidential. Enkai maintains enterprise-grade security controls, including encryption at rest and in transit, on U.S.-based cloud infrastructure. Enkai may engage subprocessors to provide infrastructure or analytics services, subject to written agreements ensuring equivalent data-protection obligations.
2.2 Advisor-Level Access
Company-level financial and operational data is accessible only by the Company User and the Advisor specifically assigned to that account. Team Admin Users within a Subscriber organization may access aggregated, anonymized network-level reporting only — they have no access to individual Company-level financial records unless expressly authorized by the applicable Company User.
2.3 Aggregated & Anonymized Use
By using the Platform, you agree that Enkai may compile, use, and commercially exploit aggregated, anonymized statistical and analytical information derived from Platform activity for any lawful purpose, including but not limited to benchmarking, product analytics, research, development, and the licensing or sale of such aggregated data to third parties as part of small business financial datasets or similar commercial data products. Such information will not identify any individual User, Advisor, Company, or Subscriber. Enkai will never sell, rent, or otherwise disclose identifiable User or Company Data to third parties.
2.4 Subscriber Data Ownership
Subscriber retains all right, title, and interest in Subscriber Data. Enkai’s license to access and use Subscriber Data is limited to operating, maintaining, supporting, and improving the Platform. Upon termination of the applicable subscription, Enkai will handle Subscriber Data in accordance with the terms of the governing SaaS Agreement.
2.5 Feedback
Any suggestions, ideas, enhancement requests, or other feedback submitted by Users may be used freely by Enkai for any purpose without compensation or attribution.
2.1 General Commitment
All financial and business data submitted to the Platform is treated as confidential. Enkai maintains enterprise-grade security controls, including encryption at rest and in transit, on U.S.-based cloud infrastructure. Enkai may engage subprocessors to provide infrastructure or analytics services, subject to written agreements ensuring equivalent data-protection obligations.
2.2 Advisor-Level Access
Company-level financial and operational data is accessible only by the Company User and the Advisor specifically assigned to that account. Team Admin Users within a Subscriber organization may access aggregated, anonymized network-level reporting only — they have no access to individual Company-level financial records unless expressly authorized by the applicable Company User.
2.3 Aggregated & Anonymized Use
By using the Platform, you agree that Enkai may compile, use, and commercially exploit aggregated, anonymized statistical and analytical information derived from Platform activity for any lawful purpose, including but not limited to benchmarking, product analytics, research, development, and the licensing or sale of such aggregated data to third parties as part of small business financial datasets or similar commercial data products. Such information will not identify any individual User, Advisor, Company, or Subscriber. Enkai will never sell, rent, or otherwise disclose identifiable User or Company Data to third parties.
2.4 Subscriber Data Ownership
Subscriber retains all right, title, and interest in Subscriber Data. Enkai’s license to access and use Subscriber Data is limited to operating, maintaining, supporting, and improving the Platform. Upon termination of the applicable subscription, Enkai will handle Subscriber Data in accordance with the terms of the governing SaaS Agreement.
2.5 Feedback
Any suggestions, ideas, enhancement requests, or other feedback submitted by Users may be used freely by Enkai for any purpose without compensation or attribution.
Data Quality & User Responsibility
The accuracy of all analysis, benchmarking, and valuation outputs generated by the Platform depends entirely on the quality of the financial data you provide. By using the Platform, you acknowledge and agree that:
Financial data should be exported from QuickBooks, Xero, Sage, or a comparable accounting software platform before submission. Accrual-basis or properly adjusted cash-basis financials are recommended.
You are solely responsible for the accuracy, completeness, currency, and integrity of all data you upload or submit, including proper normalization of owner benefits, non-recurring items, and discretionary expenses.
Errors, omissions, or material inconsistencies in submitted data will directly affect the quality of any analysis, benchmark comparison, or valuation estimate produced.
Enkai does not audit, verify, or independently validate any financial data submitted through the Platform.
Users are encouraged to work with their Advisor to prepare and review financial statements prior to uploading.
The accuracy of all analysis, benchmarking, and valuation outputs generated by the Platform depends entirely on the quality of the financial data you provide. By using the Platform, you acknowledge and agree that:
Financial data should be exported from QuickBooks, Xero, Sage, or a comparable accounting software platform before submission. Accrual-basis or properly adjusted cash-basis financials are recommended.
You are solely responsible for the accuracy, completeness, currency, and integrity of all data you upload or submit, including proper normalization of owner benefits, non-recurring items, and discretionary expenses.
Errors, omissions, or material inconsistencies in submitted data will directly affect the quality of any analysis, benchmark comparison, or valuation estimate produced.
Enkai does not audit, verify, or independently validate any financial data submitted through the Platform.
Users are encouraged to work with their Advisor to prepare and review financial statements prior to uploading.
Market Valuation Data - Source, Scope, & Limitations
4.1 Data Source
Valuation multiple estimates displayed within the Platform are derived from DealStats™, a database of private-company merger and acquisition transactions licensed to Enkai by Business Valuation Resources, LLC (“BVR”) of Portland, Oregon. DealStats is sourced from business brokers, M&A advisors, and SEC filings and is widely used in the business valuation profession.
All reports or work product incorporating BVR DealStats data must include the following attribution:
Source: DealStats, ⟨year⟩ (Portland, OR: Business Valuation Resources, LLC). Used with permission.
Where applicable, the following footnote should accompany the citation:
DealStats is a robust online database of acquired private company transactions sourced from business brokers, M&A advisors, and SEC filings. Learn more at www.bvresources.com/dealstats.
4.2 Scope of Estimates
Valuation estimates are based on the Last Twelve Months (“LTM”) of reported private M&A transactions within the relevant industry sector, as available in the DealStats database. Where sufficient transaction data exists, the Platform presents:
Revenue multiples (Enterprise Value / Revenue); and
EBITDA multiples (Enterprise Value / Earnings Before Interest, Taxes, Depreciation, and Amortization).
Multiples are presented as statistical ranges. Transaction volume and data recency vary by industry and may be limited for niche or specialized sectors. BVR may add or remove data fields at any time as changes are made to the DealStats product.
4.3 Limitations — Informational & Educational Use Only
IMPORTANT LIMITATION. The valuation estimates and market multiple ranges produced by the Platform are intended solely for informational and educational purposes. They represent estimated indicators of potential business value based on available market data and user-submitted financial information. They are NOT:
A formal business valuation or appraisal prepared under USPAP, IRS Revenue Ruling 59-60, or any other recognized professional appraisal standard;
A credentialed valuation opinion from a Certified Valuation Analyst (CVA), Accredited Senior Appraiser (ASA), Accredited in Business Valuation (ABV), or equivalent;
A valuation prepared for, or suitable for use in, any legal proceeding, including business dissolution, divorce proceedings, estate or gift tax filing, shareholder disputes, or IRS audit; or
A valuation sufficient to support the division of assets, buy-sell transactions, or any other legal or tax purpose requiring a defensible, documented appraisal.
Users who require a formal, defensible business valuation for legal, tax, regulatory, estate planning, buy-sell, or litigation purposes should engage a qualified, independent, credentialed business appraiser.
4.1 Data Source
Valuation multiple estimates displayed within the Platform are derived from DealStats™, a database of private-company merger and acquisition transactions licensed to Enkai by Business Valuation Resources, LLC (“BVR”) of Portland, Oregon. DealStats is sourced from business brokers, M&A advisors, and SEC filings and is widely used in the business valuation profession.
All reports or work product incorporating BVR DealStats data must include the following attribution:
Source: DealStats, ⟨year⟩ (Portland, OR: Business Valuation Resources, LLC). Used with permission.
Where applicable, the following footnote should accompany the citation:
DealStats is a robust online database of acquired private company transactions sourced from business brokers, M&A advisors, and SEC filings. Learn more at www.bvresources.com/dealstats.
4.2 Scope of Estimates
Valuation estimates are based on the Last Twelve Months (“LTM”) of reported private M&A transactions within the relevant industry sector, as available in the DealStats database. Where sufficient transaction data exists, the Platform presents:
Revenue multiples (Enterprise Value / Revenue); and
EBITDA multiples (Enterprise Value / Earnings Before Interest, Taxes, Depreciation, and Amortization).
Multiples are presented as statistical ranges. Transaction volume and data recency vary by industry and may be limited for niche or specialized sectors. BVR may add or remove data fields at any time as changes are made to the DealStats product.
4.3 Limitations — Informational & Educational Use Only
IMPORTANT LIMITATION. The valuation estimates and market multiple ranges produced by the Platform are intended solely for informational and educational purposes. They represent estimated indicators of potential business value based on available market data and user-submitted financial information. They are NOT:
A formal business valuation or appraisal prepared under USPAP, IRS Revenue Ruling 59-60, or any other recognized professional appraisal standard;
A credentialed valuation opinion from a Certified Valuation Analyst (CVA), Accredited Senior Appraiser (ASA), Accredited in Business Valuation (ABV), or equivalent;
A valuation prepared for, or suitable for use in, any legal proceeding, including business dissolution, divorce proceedings, estate or gift tax filing, shareholder disputes, or IRS audit; or
A valuation sufficient to support the division of assets, buy-sell transactions, or any other legal or tax purpose requiring a defensible, documented appraisal.
Users who require a formal, defensible business valuation for legal, tax, regulatory, estate planning, buy-sell, or litigation purposes should engage a qualified, independent, credentialed business appraiser.
No Professional Advice
The Platform does not provide legal, accounting, tax, investment, or financial advice. Nothing generated by the Platform constitutes a recommendation to buy, sell, or hold any asset or security, or to take any legal or financial action. Users should consult qualified, licensed professionals — including CPAs, attorneys, financial advisors, and credentialed business valuation professionals — before making significant business or financial decisions based on any Platform output.
The Platform does not provide legal, accounting, tax, investment, or financial advice. Nothing generated by the Platform constitutes a recommendation to buy, sell, or hold any asset or security, or to take any legal or financial action. Users should consult qualified, licensed professionals — including CPAs, attorneys, financial advisors, and credentialed business valuation professionals — before making significant business or financial decisions based on any Platform output.
Intellectual Property
Platform Ownership. The Platform, including all software, databases, features, interfaces, analytics, and related materials, is the proprietary property of Enkai or its licensors. All rights not expressly granted are reserved.
BVR Data Ownership. The DealStats transaction data is the proprietary property of Business Valuation Resources, LLC. Neither Subscribers nor Users acquire any ownership interest in the BVR Data. The BVR Data may not be redistributed, sublicensed, displayed in raw form, or used as the foundation for any AI or machine-learning application except as expressly authorized in the applicable data license.
Subscriber Marks. Enkai may use a Subscriber’s name, logo, and marks solely as necessary for performance under the applicable SaaS Agreement and to display co-branded materials, consistent with mutually agreed co-branding guidelines.
Platform Ownership. The Platform, including all software, databases, features, interfaces, analytics, and related materials, is the proprietary property of Enkai or its licensors. All rights not expressly granted are reserved.
BVR Data Ownership. The DealStats transaction data is the proprietary property of Business Valuation Resources, LLC. Neither Subscribers nor Users acquire any ownership interest in the BVR Data. The BVR Data may not be redistributed, sublicensed, displayed in raw form, or used as the foundation for any AI or machine-learning application except as expressly authorized in the applicable data license.
Subscriber Marks. Enkai may use a Subscriber’s name, logo, and marks solely as necessary for performance under the applicable SaaS Agreement and to display co-branded materials, consistent with mutually agreed co-branding guidelines.
Disclaimer of Warranties
THE PLATFORM AND ALL CONTENT, ANALYSIS, BENCHMARKS, AND VALUATION ESTIMATES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. ENKAI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT. ENKAI DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF DEFECTS.
THE BVR DEALSTATS DATA IS PROVIDED “AS IS” BY BVR. BVR MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR MATERIALITY OF THE DATA OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
THE PLATFORM AND ALL CONTENT, ANALYSIS, BENCHMARKS, AND VALUATION ESTIMATES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. ENKAI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT. ENKAI DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF DEFECTS.
THE BVR DEALSTATS DATA IS PROVIDED “AS IS” BY BVR. BVR MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR MATERIALITY OF THE DATA OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ENKAI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING LOST PROFITS, LOST REVENUES, OR LOSS OF DATA — ARISING FROM USE OF OR RELIANCE ON THE PLATFORM OR ANY OUTPUT GENERATED THEREBY, EVEN IF ENKAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Enkai’s aggregate liability for any claim arising under this Agreement shall not exceed the total fees paid by the Subscriber during the twelve (12) months immediately preceding the event giving rise to such claim. Any reliance on Platform outputs is strictly at your own risk.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ENKAI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING LOST PROFITS, LOST REVENUES, OR LOSS OF DATA — ARISING FROM USE OF OR RELIANCE ON THE PLATFORM OR ANY OUTPUT GENERATED THEREBY, EVEN IF ENKAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Enkai’s aggregate liability for any claim arising under this Agreement shall not exceed the total fees paid by the Subscriber during the twelve (12) months immediately preceding the event giving rise to such claim. Any reliance on Platform outputs is strictly at your own risk.
Term & Termination
This Agreement is effective upon your first access to the Platform and remains in effect for the duration of your authorized access. Access may be suspended or terminated by Enkai for material breach of this Agreement, non-payment of applicable fees, or upon termination of the governing SaaS Agreement. Upon termination, your right to access the Platform ceases immediately.
This Agreement is effective upon your first access to the Platform and remains in effect for the duration of your authorized access. Access may be suspended or terminated by Enkai for material breach of this Agreement, non-payment of applicable fees, or upon termination of the governing SaaS Agreement. Upon termination, your right to access the Platform ceases immediately.
Miscellaneous
Governing Law. This Agreement is governed by the laws of the State of North Carolina, without regard to conflict-of-law principles. Disputes shall be subject to the exclusive jurisdiction of state and federal courts in Buncombe County, North Carolina.
Assignment. Subscriber may assign this Agreement in connection with a merger, acquisition, or transfer of substantially all assets, effective upon consummation of such transaction, with written notice to Enkai within 30 days. Such assignment requires the assignee’s written agreement to be bound by this Agreement.
Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Entire Agreement. This Agreement, together with the applicable Order Form and SaaS Agreement, constitutes the entire agreement between the parties with respect to User access to the Platform and supersedes all prior understandings on the same subject.
Changes. Enkai may update this Agreement from time to time. Material changes will be communicated via the Platform or email. Continued use of the Platform following notice of changes constitutes acceptance of the revised Agreement.
Non-Solicitation. During the term of any applicable SaaS Agreement and for twelve (12) months thereafter, neither party shall directly solicit the employees of the other party for employment.
Contact
Enkai Platform, Inc. • 45 S French Broad Ave, Suite 170, Asheville, NC 28801 • support@enkaiplatform.com
Governing Law. This Agreement is governed by the laws of the State of North Carolina, without regard to conflict-of-law principles. Disputes shall be subject to the exclusive jurisdiction of state and federal courts in Buncombe County, North Carolina.
Assignment. Subscriber may assign this Agreement in connection with a merger, acquisition, or transfer of substantially all assets, effective upon consummation of such transaction, with written notice to Enkai within 30 days. Such assignment requires the assignee’s written agreement to be bound by this Agreement.
Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Entire Agreement. This Agreement, together with the applicable Order Form and SaaS Agreement, constitutes the entire agreement between the parties with respect to User access to the Platform and supersedes all prior understandings on the same subject.
Changes. Enkai may update this Agreement from time to time. Material changes will be communicated via the Platform or email. Continued use of the Platform following notice of changes constitutes acceptance of the revised Agreement.
Non-Solicitation. During the term of any applicable SaaS Agreement and for twelve (12) months thereafter, neither party shall directly solicit the employees of the other party for employment.
Contact
Enkai Platform, Inc. • 45 S French Broad Ave, Suite 170, Asheville, NC 28801 • support@enkaiplatform.com