Terms of Service

1. Introduction and Acceptance

Welcome to FractionalChiefs. These Terms of Service ("Terms") govern your access to and use of the FractionalChiefs website, platform, and services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you may not access or use the Platform.

FractionalChiefs provides the following services:

• Content Resources: Educational articles, guides, and pillar pages about fractional executive hiring, costs, and best practices.
• Free Assessment Tools: Interactive tools including the Executive Finder, Cost Calculator, and Readiness Quiz to help companies evaluate their fractional executive needs.
• Executive Marketplace: A platform that facilitates connections between companies seeking executive leadership and vetted fractional executives (currently in development).

These Terms apply to all services. Where provisions apply only to one service, this is clearly indicated.

2. Platform Description

2.1 Content and Tools

FractionalChiefs provides free educational content and interactive tools designed to help companies make informed decisions about hiring fractional executives. Our content covers topics including fractional CTO, CFO, CMO, COO, and CHRO roles, costs, hiring processes, and industry best practices. Our tools provide personalised assessments and cost estimates based on information you provide.

2.2 Executive Marketplace

The Executive Marketplace facilitates connections between companies seeking executive leadership ("Companies") and experienced fractional executives ("Executives"), including Fractional CMOs, CFOs, CTOs, COOs, and CHROs. FractionalChiefs acts as an intermediary and does not directly employ Executives or guarantee any outcomes from engagements arranged through the Platform. Executives operate as independent contractors.

3. User Accounts

3.1 Account Registration

Certain features of the Platform may require you to register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You must be at least 18 years of age and have the legal authority to enter into these Terms on behalf of your company (if applicable).

3.2 Newsletter and Email Communications

By subscribing to our newsletter or providing your email through our assessment tools, you consent to receiving email communications from FractionalChiefs. You may unsubscribe at any time using the link provided in each email.

3.3 Marketplace Accounts

Executives must complete our vetting process, which may include application review, interviews, reference checks, and background verification. Acceptance is at FractionalChiefs' sole discretion. Companies must provide accurate information about their business and engagement requirements.

3.4 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify FractionalChiefs immediately of any unauthorised use of your account or suspected security breach.

4. Marketplace Fees

4.1 Free Content and Tools

All content, articles, guides, and assessment tools on FractionalChiefs are provided free of charge. No subscription or payment is required to access these resources.

4.2 Marketplace Fee Structure

When the Executive Marketplace is active, FractionalChiefs may charge fees for successful placements, featured listings, or sponsored content. Fee structures will be clearly communicated to all parties before any charges are incurred.

4.3 Circumvention Prohibition

Companies and Executives agree not to circumvent the Platform to avoid paying applicable fees. Any engagement between a Company and an Executive who were introduced through the Platform must be processed through the Platform for a period of 24 months from the date of introduction. Violation of this provision may result in account termination and legal action to recover unpaid fees.

5. Tool and Content Disclaimers

5.1 No Professional Advice

Content and tool outputs on the Platform do not constitute:

• Financial advice or investment recommendations
• Legal advice or legal opinions
• Tax advice or tax planning services
• Employment advice or HR consulting services
• Professional consulting services regulated by any professional body

You should always consult with qualified professionals before making significant business decisions based on content or tool outputs from the Platform.

5.2 Accuracy and Limitations

While we strive to provide useful and accurate information, content and tool outputs may contain errors, omissions, outdated information, or results that do not account for your specific circumstances. Cost estimates, role assessments, and readiness scores are indicative only and should not be relied upon as the sole basis for business decisions. FractionalChiefs does not warrant the accuracy, completeness, or reliability of any content or tool output.

6. Data, Privacy, and Processing

6.1 Your Data

You retain all ownership rights to data and content you submit to the Platform. By using the Platform, you grant FractionalChiefs a limited, non-exclusive licence to process, store, and use your data solely for the purpose of delivering the Service to you.

6.2 Data Collection

When you use our assessment tools, submit forms, or subscribe to our newsletter, we collect the information you provide (such as email addresses, company details, and assessment responses). This data is used to deliver personalised results, send communications you have opted into, and improve our services.

6.3 Data Security

We implement industry-standard security practices to protect your data. However, no system is completely secure. You are responsible for maintaining the security of your account credentials.

6.4 Privacy Policy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the data practices described in the Privacy Policy.

7. Marketplace Obligations

7.1 Executive Obligations

As an Executive on the Marketplace, you agree to:

• Provide accurate and truthful information about your experience, qualifications, skills, and work history
• Maintain up-to-date availability status and respond to Company enquiries within 48 hours
• Conduct yourself professionally in all communications and engagements
• Deliver services with the skill and care expected of a qualified professional in your field
• Honour all commitments made to Companies through the Platform
• Maintain appropriate professional liability insurance where required
• Comply with all applicable laws, regulations, and professional standards
• Protect confidential information received from Companies
• Report any conflicts of interest that may affect an engagement

7.2 Company Obligations

As a Company using the Marketplace, you agree to:

• Provide accurate and honest descriptions of your requirements, scope of work, and expectations
• Clearly communicate the nature of the engagement, including hours, duration, and deliverables
• Make timely payments according to agreed-upon terms
• Provide Executives with the resources, access, and information necessary to perform their duties
• Treat Executives with respect and professionalism
• Honour the independent contractor relationship and not treat Executives as employees
• Not solicit Executives for direct engagements outside the Platform during the circumvention period
• Comply with all applicable employment and contractor laws

8. Acceptable Use

You agree NOT to:

• Use the Platform for any illegal, fraudulent, or unauthorised purpose
• Attempt to reverse engineer, decompile, or extract source code from the Platform
• Interfere with or disrupt the Platform or servers and networks connected to it
• Upload malicious code, viruses, or any harmful technology
• Share your account credentials with unauthorised third parties
• Attempt to access other users' accounts or data
• Use automated systems (bots, scrapers) to access the Platform without permission
• Submit false or misleading information through assessment tools or forms

9. Intellectual Property

9.1 Platform Intellectual Property

The Platform, including its design, features, content, articles, tools, software, and underlying technology, is owned by FractionalChiefs and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Platform without our express written permission.

9.2 User Content and Data

You retain ownership of data and content you submit to the Platform. By submitting content, you grant FractionalChiefs a non-exclusive, worldwide, royalty-free licence to use, display, and process that content solely for the purpose of providing the Service.

9.3 Marketplace Work Product

Ownership of work product created during a Marketplace engagement is determined by the agreement between the Company and Executive. FractionalChiefs makes no claim to intellectual property created during engagements. Companies and Executives should establish clear IP ownership terms in their engagement agreements.

10. Limitation of Liability

10.1 Platform Provided "As Is"

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FRACTIONALCHIEFS DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

10.2 No Guarantee of Results

FractionalChiefs does not guarantee the quality, suitability, or performance of any Executive, the success of any Marketplace engagement, the accuracy of assessment tool results or cost estimates, or any specific business outcomes. Companies are responsible for evaluating Executives and making their own hiring decisions.

10.3 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRACTIONALCHIEFS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM YOUR USE OF THE PLATFORM.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE PLATFORM SHALL NOT EXCEED THE AMOUNT OF FEES YOU PAID TO FRACTIONALCHIEFS IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless FractionalChiefs, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any engagement between a Company and Executive facilitated through the Marketplace.

12. Dispute Resolution

12.1 Between Marketplace Users

Disputes between Companies and Executives regarding engagements should first be addressed directly between the parties. FractionalChiefs may, at its discretion, offer mediation services but is not obligated to resolve user disputes.

12.2 Between Users and FractionalChiefs

Any dispute arising from these Terms or your use of the Platform shall first be addressed through good-faith negotiations. If negotiations fail within 30 days, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

12.3 Class Action Waiver

You agree to resolve any disputes on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Termination

FractionalChiefs may suspend or terminate your account at any time for any reason, including violation of these Terms or if we believe your use poses a security or legal risk. You may close your account at any time by contacting us. Upon termination:

• Your right to access account-restricted features of the Platform ceases immediately
• Outstanding fees remain payable
• The Marketplace circumvention prohibition continues for its full 24-month term
• Provisions intended to survive termination — including disclaimers, limitation of liability, indemnification, and dispute resolution — shall remain in effect

14. Changes to Terms

FractionalChiefs reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Platform, updating the "Last Updated" date, and notifying you by email where we have your contact details.

Your continued use of the Platform after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Platform.

15. General Provisions

15.1 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

15.2 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and FractionalChiefs regarding the Platform and supersede all prior agreements.

15.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.4 No Waiver

Failure by FractionalChiefs to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

16. Contact Information

For questions about these Terms of Service, please contact us: