Last revised on January 1, 2016
Accepting the Terms
By registering or otherwise accessing any of the Services, you are entering into a binding contract with FI Analytics and you agree to be bound by all of the terms and conditions of this Agreement, whether you are a “Visitor” (that is, you have not registered with FI Analytics) or you are a “Registered User” (that is, you have registered your account with FI Analytics). If you are using the Services on behalf of an organization, you are agreeing to these terms for that organization and promising to FI Analytics that you have the authority to bind that organization to these terms (in which event, “you” and “your” will refer to that organization) unless that organization has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Service. You may use the Services only in compliance with these terms and only if you have the power to form a contract with FI Analytics and are not barred under any applicable laws from doing so. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICES. Should you have any questions concerning this Agreement, please contact firstname.lastname@example.org.
Section 1. Definitions
“Account Information” means information maintained online by third-party financial institutions with which you or your clients have customer relationships, maintain accounts or engage in financial transactions.
“Billable Users” means Customer’s employees, representatives, consultants, contractors or agents who are authorized by Customer to use the Service and who have been supplied user identifications and passwords by Customer (or by FI Analytics at Customer’s request) by means of the “Manage Users” function provided by the service for which we charge you fees as set forth at https://fi-analytics.com/pricing/.
“FI Analytics Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into the Services.
“Client” means any User accessing the Service as a result of a Customer providing access who is not a Billable User.
“Customer” means the person or entity, a financial advisor or firm, using the Service and identified in the applicable billing statement or Service Order as the FI Analytics customer. Does not apply to clients of advisors.
“Subscription Service” means the specific edition and elements of FI Analytics’s web-based financial reporting and data management application, tools and platform selected by Customer, and developed, operated, and maintained by FI Analytics, accessible via https://fi-analytics.com/ or another designated URL, and any ancillary online or offline products and services, provided to Customer by FI Analytics, to which Customer and their designated employees, Clients and affiliates are being granted access under this Agreement. The Service includes FI Analytics Content, and does not include training services and consulting services.
“User(s)” means a “Visitor” (which means that you simply browse the fi-analytics.com website(s)) or you are a “Registered User” (which means that you have registered with fi-analytics.com).
Section 2. Description of the Service
FI Analytics is a financial performance reporting service that allows Customers and their Clients to consolidate, analyze, and visualize information about their investments accounts held at Foliofn Inc.
The Service is provided to you solely as a means of helping you collect, organize, and analyze financial data. The Service does not provide legal, tax, trading, investment, or other advice, and you are solely responsible for any decisions you make, and the consequences thereof, on the basis of any information provided by the Service. You agree that you are responsible for verifying the accuracy of any information provided by the Service, and that the Service makes no express or implied warranty about the accuracy of the information it provides to you. No offer or solicitation to buy or sell securities, securities derivative or futures products of any kind, or any type of legal, tax, trading, investment advice, recommendation or strategy, is made, given or in any manner endorsed by FI Analytics, the Service, or any affiliated third party.
Section 3. Customer Support
FI Analytics accepts email and webform support questions 24 Hours per Day x 7 Days per Week at email@example.com and https://fi-analytics.com/support. FI Analytics attempts to respond to webform support questions within one business day; in practice, FI Analytics’s responses are generally even faster. FI Analytics does not promise or guarantee any specific response time.
FI Analytics shall use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for planned down-time for maintenance.
Section 4. Fees and Payments
FI Analytics charges fees to financial advisory firms for use of the Subscription Service by their employees, clients and affiliates as governed by our Terms of Service and any Service Order between FI Analytics and our Customer. FI Analytics does not charge any direct fee to Clients.
Customer will receive a free 30 day trial Subscription Service to FI Analytics services, beginning on the date on which Subscriber’s account becomes operational. If Customer doesn’t terminate FI Analytics services during this trial period, the initial term of Customer’s paid FI Analytics services will start immediately after the free trial period ends, and will continue until Customer or FI Analytics terminate this Agreement. If Customer has taken a FI Analytics trial Subscription Service in the past 24 months, Customer will not receive a free trial and Customer will be immediately charged for the subscribed FI Analytics services.
Section 5. Privacy and Personal Information
Section 6. Account Information from Third Party Sites
With the Service, you may direct us to retrieve your Account Information. FI Analytics works with Foliofn Inc. to access Account Information. We make no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. FI Analytics is not responsible for the products and services offered by or on Third-Party Sites.
We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any Account Information, user data, communications or personalization settings, or any content you post on, or provide, or provide access to in connection with the Service. For example, when displayed through the Service, Account Information is only as fresh as the time shown, which reflects when the Account Information is obtained from such sites. Such Account Information may be more up-to-date when obtained directly from the relevant sites.
Section 7. Performance Calculation Methodology
FI Analytics performance calculations are based on the investor centric Internal Rate of Return (IRR) by the formula below:
These calculations are then normalized to represent the period requested by the User. Our calculations may be replicated using the XIRR function in common spreadsheet programs such as Microsoft Excel, Open Office or Google Spreadsheets. For further information contact us at firstname.lastname@example.org.
Section 8. Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your e-mail address, allows you to access the Service. That e-mail address and password, together with any mobile number or other contact information you provide form your “Registration Information.” By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available Internet browser. If you become aware of any unauthorized use of your Registration Information, you agree to notify us immediately at the email address – email@example.com.
Section 9. Provide Accurate Information
You are only entitled to access and use FI Analytics for lawful purposes. Accurate records enable us to provide the Service to you. You agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites as requested in our “add account” setup forms and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected. You agree not to share your password or other security information with others. You agree to promptly revoke any sharing access you grant to other Users of the Service when you do not want them to continue to have sharing access to your content or personal data residing on the Service.
Section 10. Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to FI Analytics through the Service, you are licensing that content to FI Analytics solely for the purpose of providing the Service. FI Analytics may use and store the content, but only to provide the Service to you. By submitting this content to FI Analytics, you represent that you are entitled to submit it to FI Analytics for use for this purpose, without any obligation by FI Analytics to pay any fees or other limitations.
Section 11. Third Party Content and External Links
The inclusion or appearance of Third Party Content on or through FI Analytics does not indicate any approval or endorsement by FI Analytics of such Third Party Content. We do not make any representations regarding the accuracy of Third Party Content displayed on or available through FI Analytics. FI Analytics is not responsible for, and hereby disclaims any and all liability that may arise from Third Party Content or the act of accessing, browsing, or otherwise using such Third Party Content. FI Analytics contains links to third party sites. The content of such third party sites is developed and provided by others. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such third party sites. You should contact the site administrator or Webmaster for those third party sites if you have any concerns regarding such links or any content located on such third party sites. We are not responsible for the content of any third party sites and do not make any representations regarding the content or accuracy of materials on such third party sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access linked third party sites, you do so at your own risk.
Section 12. FI Analytics’s Intellectual Property Rights
The contents of fi-analytics.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of fi-analytics.com belong or are licensed to FI Analytics or its software or content suppliers. FI Analytics grants you the right to view and use fi-analytics.com subject to these terms. Any distribution, reprint or electronic reproduction of any content from fi-analytics.com in whole or in part for any purpose other than as described in the Description of the Service above is expressly prohibited without our prior written consent. Further, you agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the service.
The trademarks, service marks, and logos of FI Analytics used and displayed on fi-analytics.com are registered and unregistered trademarks or service marks of FI Analytics. Other company, product, and service names located on fi-analytics.com may be trademarks or service marks owned by third-parties. Nothing on fi-analytics.com should be construed as granting any license or right to use any trademark displayed on fi-analytics.com without the prior written consent of FI Analytics specifically for each such use. Use of any trademarks as part of a link to or from any site is prohibited unless FI Analytics approves the establishment of such a link by prior written consent.
Section 13. Rights of Others
You agree that you will not post or provide access to any content or take any action using the Service that violates any law under any applicable jurisdiction, including without limitation that governing this Agreement, the Service, and your residence. You agree that you will not post or provide access to content belonging to anyone else without first obtaining permission. You agree that FI Analytics may, at its sole discretion, delete, hide, or otherwise make inaccessible your user profile or any content or information you post using the Service if FI Analytics has reasonable cause to believe that such content is in violation of this Agreement, and you agree to hold FI Analytics harmless from any damages, direct or consequential, that may result from such an action. You agree not to collect information from other Users without first notifying them that you are not acting on behalf of the Service or FI Analytics and obtaining their express consent. You will not use the Service to disseminate, in any form, personally identifiable information, including without limitation account numbers, passwords, addresses, or identification documents.
Section 14. Permitted Use of The Service
Section 15. Prohibited Use of The Service
By accessing the Service, you agree that you will not:
- Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Service, or otherwise attempt to discover any source code, or allow any third party to do so;
- Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the content or Service in any way;
- Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the FI Analytics servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- Use the Service in any manner that damages, disables, overburdens, or impairs any FI Analytics website or interferes with any other party’s use and enjoyment of the Service;
- Mirror or frame the Site or any part of it on any other web site or web page.
- Attempt to gain unauthorized access to the Service;
- Access the Service by any means other than through the interface that is provided by FI Analytics for use in accessing the Service;
- Use the Service for any purpose or in any manner that is unlawful or prohibited by this Agreement.
Any unauthorized use of any content or the Service may violate patent, copyright, trademark, and other laws.
Section 16. No Provision of Advice
YOU AGREE THAT THE SERVICE DOES NOT PROVIDE TRADING, INVESTING, FINANCIAL, TAX, LEGAL, OR OTHER ADVICE, AND YOU ACCEPT SOLE RESPONSIBILITY FOR THE CONSEQUENCES OF ANY DECISIONS YOU MAY MAKE BASED ON INFORMATION YOU OBTAIN FROM THE SERVICE. THE SERVICE IS NOT A FINANCIAL PLANNER, INVESTMENT ADVISOR, BROKER OR TAX ADVISOR. The Service is intended only to assist you in your financial data organization, management and decision-making and is broad in scope.
Section 17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW FI ANALYTICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
WITHOUT LIMITING THE PARAGRAPH ABOVE, FI ANALYTICS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FI ANALYTICS THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Section 18. LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER FI ANALYTICS NOR ANY OF ITS AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF FI ANALYTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; (vii) FI ANALYTICS’S ACCESS OF YOUR ANY OTHER MATTER RELATING TO THE SERVICE.
YOU MAY HAVE THE OPPORTUNITY TO PROVIDE OTHER USERS WITH ACCESS TO YOUR ACCOUNT INFORMATION. THIS IS A TOOL OFFERED THROUGH FI-ANALYTICS.COM TO ENABLE COLLABORATION BETWEEN USERS AT THEIR SOLE DISCRETION. YOUR ACCOUNT INFORMATION INCLUDES SENSITIVE AND PRIVATE INFORMATION AND YOU ARE FULLY RESPONSIBLE FOR ALL OF THE CONSEQUENCES ASSOCIATED WITH PROVIDING YOUR INFORMATION TO OTHER USERS TO WHOM YOU GRANT ACCESS TO YOUR ACCOUNT. YOU SHALL NOT HOLD FI ANALYTICS NOR ANY OF ITS AFFILIATES LIABLE FOR ANY HARMS, AS DESCRIBED ABOVE, THAT MAY RESULT FROM OR RELATE TO SUCH USERS ACCESSING YOUR ACCOUNT INFORMATION. FI ANALYTICS DOES NOT CONTROL AND SHALL NOT BE RESPONSIBLE FOR THE ACTS OF OTHER VISITORS OR USERS TO WHOM YOU HAVE GRANTED ACCESS TO YOUR FINANCIAL OR OTHER INFORMATION.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, FI ANALYTICS’S LIABILITY FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OR CAUSE OF ANY CLAIM MADE AGAINST FI ANALYTICS IN CONJUNCTION WITH YOUR USE OF THE SERVICE, SHALL NOT EXCEED, IN THE AGGREGATE, $500.00 (FIVE HUNDRED US DOLLARS) OR THE SUM OF ANY AMOUNTS PAID TO FI ANALYTICS FOR YOUR USE OF THE SERVICE IN THE PRECEDING 12 (TWELVE) MONTHS, WHICHEVER IS GREATER.
Section 19. Indemnification of FI Analytics
You agree to protect and fully compensate FI Analytics and its affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
You further agree that if any third party brings any claim or action against FI Analytics or any of its affiliates arising out of or related to your use of the Service, to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including without limitation reasonable legal fees and costs) related to any such claim.
If you are a Customer of FI Analytics or an employee, representative or agent of a FI Analytics customer, your use of the FI Analytics Service is additionally subject to FI Analytics’s Customer Terms of Service, available at https://fi-analytics.com/terms-of-use/
Section 21. Termination of the Agreement
This Agreement will continue to apply until terminated by either you or FI Analytics as set out below. If you want to terminate your legal agreement with FI Analytics, you may do so by canceling your account for the Service.
Please use the directions below to cancel your account:
- Send an email to firstname.lastname@example.org from the email address you used to register with the subject “Please cancel my account”
FI Analytics may at any time, terminate its legal agreement with you:
- if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
- if FI Analytics in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
- immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
Section 22. User Must Comply with Applicable Laws
fi-analytics.com is administered and operated by FI Analytics from its principal office in Washington State, United States, and it is not intended to subject FI Analytics to the law or jurisdiction of any country or territory outside of the United States. We make no claims concerning whether fi-analytics.com may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the fi-analytics.com from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. The United States controls the import and export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any information through fi-analytics.com to countries or persons where prohibited under applicable laws. By accessing fi-analytics.com, you expressly agree that you are not in a country where such access is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction. Miscellaneous If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
Section 23. Reservation of Rights
You agree that if FI Analytics does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which FI Analytics has the benefit of under any applicable law), this will not be taken to be a formal waiver of FI Analytics’s rights and that those rights or remedies will still be available to FI Analytics. No waiver shall be effective against FI Analytics unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Section 24. Amendment of this Agreement
FI Analytics may update and change any or all of these Terms, including but not limited to the fees and charges associated with the use of the Services. If we update or change these Terms, we will post the updated Terms at https://fi-analytics.com/terms-of-use/. The updated Terms will become effective and binding on the fifth business day after they are posted. When we change these Terms, we will modify the “Last Modified” date above. We encourage you to review these Terms periodically.
Section 25. Governing Law and Forum for Disputes
This Agreement, and your relationship with FI Analytics under this Agreement, shall be governed by the laws of Washington State. Any dispute with FI Analytics, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of Washington State, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case FI Analytics may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, FI Analytics is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with FI Analytics, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
This Agreement constitutes the entire Agreement between you and the Company with respect to the subject matter, and supersedes all other previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter described in this Agreement. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement is personal and you may not assign or transfer this Agreement any of your rights or obligations under this Agreement. This Agreement will inure to the benefit of FI Analytics’s successors, assigns, licensees, and sublicensees.
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