Terms of Service

Terms of Service

Effective Date: September 24, 2024

PLEASE READ THESE ACCOUNT AGGREGATION TERMS AND CONDITIONS ("Agreement") CAREFULLY. THIS IS A LEGALLY BINDING CONTRACT BETWEEN YOU ("User" or "You") AND ADVISOR TERMINAL INC. ("Advisor Terminal," "We," or "Us"). BY ACCESSING OR USING THE ACCOUNT AGGREGATION SERVICES DESCRIBED BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

1. Definitions

  • "Services" refers to the digital money management tools and services provided by Advisor Terminal that involve accessing and aggregating third-party account information.
  • "Third-Party Providers" means any third-party service providers that assist in delivering the Services.
  • "User Data" refers to all information, data, passwords, usernames, PINs, personally identifiable information, or other content you provide through the Services.
  • "Licensed Software" refers to the software applications provided by Advisor Terminal for the purpose of accessing and aggregating third-party account information.

2. User Representations and Responsibilities

2.1 Accurate Information

You represent and warrant that all information you provide to Advisor Terminal is accurate, current, and complete. You agree not to misrepresent your identity or account information.

2.2 Account Ownership

You represent that you are the legal owner or authorized user of all accounts at third-party sites that you access through the Services. You have the authority to:

  • Designate Advisor Terminal and its service providers as your agent.
  • Use the Services to access and retrieve information from third-party sites.
  • Provide us with all necessary access credentials.

2.3 Account Security

You agree to keep your account information secure, up to date, and accurate. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

3. Authorization and License

3.1 Content You Provide

By using the Services, you grant Advisor Terminal and its service providers a non-exclusive, royalty-free, worldwide license to access, use, store, and process your User Data for the purpose of providing the Services, offering products and services, and other permissible business purposes.

3.2 Authority to Access Information

You authorize Advisor Terminal and its service providers to access third-party sites designated by you, on your behalf, to retrieve information. You acknowledge that when Advisor Terminal accesses and retrieves information from third-party sites, Advisor Terminal is acting as your agent and not on behalf of the third-party sites.

3.3 Third-Party Site Relationships

You understand that the Services are not endorsed or sponsored by any third-party sites accessible through the Services. Third-party sites may rely on the authorizations granted by you or through your account.

4. Service Level Agreement (SLA)

4.1 Availability Target

Advisor Terminal targets a service availability of 99.9% over each calendar month, excluding scheduled maintenance periods.

4.2 High Availability Measures

We implement redundancy and disaster recovery plans to minimize service disruptions and ensure continuous operation of the Services.

4.3 Service Credits

In the event of significant service disruptions attributable to Advisor Terminal, service credits may be offered as follows:

  • Eligibility: Service credits are available for outages lasting longer than four (4) hours within a calendar month.
  • Credit Calculation: The credit will be calculated as a percentage of the monthly service fee based on the duration of the outage.
  • Claim Process: To receive a service credit, users must submit a claim through support@advisorterminal.com within thirty (30) days of the disruption.

5. Data Privacy and Security

5.1 Data Handling Practices

  • Encryption: All User Data is encrypted both in transit and at rest using industry-standard encryption protocols, such as AES-256 encryption for data at rest and TLS 1.2 or higher for data in transit.
  • Storage Methods: Data is stored on secure servers with restricted access, located within Canada to comply with local data residency requirements.
  • Access Controls: Access to sensitive data is limited to authorized personnel only, utilizing multi-factor authentication and role-based access controls.

5.2 Compliance with Privacy Laws

  • Canadian Privacy Laws: We comply with PIPEDA to ensure the protection of personal information collected, used, and disclosed in the course of our business.
  • International Standards: We adhere to international data protection regulations where applicable, including GDPR and CCPA compliance measures.

5.3 Security Protocols

  • Regular Audits: We conduct regular security audits and assessments to identify and address potential vulnerabilities.
  • Incident Response: A comprehensive incident response plan is in place to handle any security incidents efficiently and effectively.

6. Dispute Resolution

6.1 Informal Resolution

If you have any concerns or disputes about the Account Aggregation Services or these Terms, we encourage you to contact us at support@advisorterminal.com to resolve the matter informally.

6.2 Binding Arbitration

If we cannot resolve the dispute informally, any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the Arbitration Act of Ontario. The arbitration shall take place in Ontario, Canada, in the English language.

6.3 Individual Basis

You agree that any arbitration shall be limited to the dispute between you and Advisor Terminal individually. You acknowledge that:

  • No arbitration shall be joined with any other proceeding
  • There is no right or authority for any dispute to be arbitrated on a class-action basis
  • There is no right or authority for any dispute to be brought in a purported representative capacity

7. Acceptance of Agreement and Changes

7.1 Acceptance

Your use of the Services constitutes your acceptance of this Agreement.

7.2 Modifications

This Agreement may be modified by Advisor Terminal from time to time. Material changes will be communicated via email or through the Website. Your continued use of the Services after such changes constitutes your acceptance of the revised Agreement.

7.3 Notification of Changes

Advisor Terminal will provide at least thirty (30) days' notice for material changes to this Agreement via the email address associated with your account or through prominent notices on our Website.

8. Refund Policy

8.1 Subscription Cancellations

Users may cancel their subscription at any time. No refunds will be provided for unused portions of the current subscription period. The cancellation will take effect at the end of the current billing cycle.

8.2 Non-Refundable Situations

Refunds will not be provided for:

  • Services that have been fully rendered
  • Changes in user needs or preferences
  • Downtime or service interruptions

9. Support Services

9.1 Support Availability

Advisor Terminal provides technical support to assist users with issues related to the Services. Support is available via support@advisorterminal.com, through the support portal on our Website, or by phone at (123) 456-7890.

9.2 Scope of Support

Support services include troubleshooting technical issues, providing guidance on using the Services, and addressing account-related inquiries. Advisor Terminal does not provide personalized financial, legal, or investment advice through support channels.

9.3 Exclusions

Support does not cover issues arising from:

  • Unauthorized access to or use of your account
  • Modifications or misuse of the Licensed Software
  • Third-party services not provided by Advisor Terminal

10. Intellectual Property and Ownership

10.1 Ownership Rights

Advisor Terminal and its service providers retain all ownership and proprietary rights in the Services, associated content, technology, mobile applications, and websites.

10.2 License Grant

Except as expressly provided, no license or rights to the Services or intellectual property are granted to you.

11. User Conduct

11.1 Prohibited Activities

You agree not to use the Services to:

  • Engage in fraudulent activities or impersonate any person or entity
  • Violate any laws, regulations, or ordinances
  • Create liability for Advisor Terminal or its service providers
  • Access information or content programmatically by macro or other automated means without express permission
  • Gain unauthorized access to computer systems or engage in activities that disrupt the Services

12. Indemnification

12.1 Your Obligations

You agree to indemnify, defend, and hold harmless Advisor Terminal, its service providers, affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising from:

  • Your use of the Services
  • Your violation of this Agreement
  • Infringement by you or any other user of your account of any intellectual property or other rights of any person or entity

13. Disclaimer of Warranties

13.1 "As Is" Basis

The Services are provided on an "as is" and "as available" basis.

13.2 No Warranties

Advisor Terminal and its service providers disclaim all warranties of any kind, whether express or implied, including but not limited to:

  • The Services meeting your requirements
  • The Services being uninterrupted, timely, secure, or error-free
  • The accuracy or reliability of any information obtained through the Services
  • The correction of any errors in the Services

13.3 Risk of Downloading

Any material downloaded or obtained through the use of the Services is accessed at your own discretion and risk.

14. Limitation of Liability

14.1 Exclusion of Damages

Advisor Terminal and its service providers shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to:

  • Loss of profits, goodwill, use, data, or other intangible losses
  • Damages resulting from the use or inability to use the Services
  • Unauthorized access to or alteration of your transmissions or data
  • Statements or conduct of any third party on the Services

14.2 Total Liability

In jurisdictions where limitations of liability are permitted, the total liability of Advisor Terminal and its service providers shall not exceed the amount you paid to Advisor Terminal for the Services in the twelve (12) month period immediately preceding the claim.

15. Waiver of Jury Trial and Class Action

15.1 Jury Trial Waiver

You agree to waive your right to a trial by jury in any dispute with Advisor Terminal or its service providers arising out of or relating to your use of the Services.

15.2 Class Action Waiver

You agree to waive your right to participate in a class action lawsuit or class-wide arbitration against Advisor Terminal or its service providers.

16. Export Restrictions

16.1 Compliance with Export Laws

You acknowledge that the Services and any underlying software may be subject to U.S. Export Administration Regulations and the Export and Import Permits Act (EIPA) of Canada.

16.2 Prohibited Activities

You agree not to export or re-export the software or Services to:

  • Any countries subject to U.S. or Canadian export restrictions
  • Any end user prohibited from participating in U.S. or Canadian export transactions
  • Any end user involved in the design, development, or production of nuclear, chemical, or biological weapons

17. General Provisions

17.1 Assignment

You may not assign this Agreement without prior written consent of Advisor Terminal. Advisor Terminal may assign this Agreement in connection with a merger, acquisition, or sale of assets.

17.2 Governing Law

This Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

17.3 Language

The parties have requested that this Agreement and all related documents be drafted in English. Les parties ont demandé que cette entente ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

18. Contact Information

If you have any questions regarding this Agreement, please contact:

BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

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