1. Agreement to these terms
These Terms of Service (“Terms”) govern your access to and use of the websites, applications, and services offered by AdvisoryFlow under the name AdvisoryFlow (the “Services”). By creating an account, clicking to accept, or using the Services, you agree to these Terms.
If you use the Services on behalf of a company or organization, you represent that you have authority to bind that entity, and “you” includes that entity. If you do not agree, do not use the Services.
Our Privacy Policy explains how we collect and use personal information. The Privacy Policy is incorporated by reference.
Contact. legal@advisoryflow.com. 1326 E Commercial Blvd., Unit #2179, Oakland Park, FL, 33334, USA.
2. The Services
AdvisoryFlow provides practice-management and client-portal capabilities for registered investment advisors and similar professionals and their clients, including tools for documents, messaging, scheduling, financial account linking, reporting, and related workflows. Features may vary by plan or configuration.
Advisor accounts. Advisors and organizations are responsible for how they configure the Services, for invitations they send to clients, and for their regulatory and contractual obligations to clients.
Client accounts. If you access the Services because an advisor invited you, your use may be subject to additional terms or policies from that advisor. We are not a party to the advisory relationship between you and your advisor.
No professional advice. The Services are software tools only. We do not provide investment, tax, legal, or other professional advice. We are not a broker-dealer, investment adviser, or fiduciary to you unless separately agreed in writing, which these Terms do not create.
3. Eligibility
You must be at least the age of majority in your jurisdiction (and at least 18) to use the Services. You must provide accurate registration information and keep it current.
4. Accounts and security
You are responsible for safeguarding credentials and for activity under your account. You must notify us promptly of unauthorized use. We may use email, multi-factor authentication, passkeys, or other controls to protect accounts.
5. User content and data
You retain rights in content you submit (“User Content”). You grant us a non-exclusive, worldwide license to host, process, transmit, display, and otherwise use User Content solely to provide, secure, and improve the Services, including sharing it with collaborators you designate (for example, your advisor or clients) and with service providers acting on our behalf.
You represent that you have all rights and consents needed to submit User Content and to grant the foregoing license. You must not upload unlawful content or content that infringes others’ rights.
6. Third-party services
The Services may integrate with third-party products you choose to connect, including Plaid (financial institutions), Google (Gmail), Microsoft (Outlook / Microsoft 365), and Stripe (payments). Your use of those products is subject to their terms and privacy policies. We are not responsible for third-party services or for institutions’ availability or accuracy.
When you connect a third-party account, you authorize us to access and process information from that account as described in our Privacy Policy and as permitted by those providers.
Plaid (financial account linking)
Account linking and aggregation for financial institutions are provided by Plaid Inc. When you use Plaid Link (or equivalent flows) in the Services, you interact with Plaid’s interface and Plaid’s collection and use of information is also described in Plaid’s End User Privacy Policy. You choose to connect accounts; we use data from Plaid only to provide the Services described in our Privacy Policy (for example, displaying accounts, transactions, and related reporting). Plaid’s availability, institution coverage, and accuracy are outside our control.
7. Subscriptions, fees, and payment
Paid plans are billed through Stripe (or as otherwise disclosed at checkout). You authorize us and Stripe to charge your payment method for fees, taxes, and renewals on the terms presented when you subscribe. Fees are non-refundable except where required by law or as we expressly state in an order form.
We may change prices with reasonable advance notice. If you do not agree, you may cancel before the new price takes effect. Failure to pay may result in suspension or termination of access.
Taxes. You are responsible for applicable taxes other than taxes on our net income.
8. Acceptable use
You agree not to:
- Violate law or third-party rights;
- Attempt to gain unauthorized access to the Services, other accounts, or our systems;
- Interfere with or disrupt the Services or other users;
- Use the Services to transmit malware, spam, or deceptive content;
- Scrape, data-mine, or reverse engineer the Services except to the extent permitted by applicable law notwithstanding this limitation;
- Use the Services to mishandle regulated data in violation of your obligations;
- Resell or sublicense the Services without our written consent.
We may suspend or terminate access for violations.
9. Intellectual property
We and our licensors own the Services, including software, branding, and documentation. Except for the limited rights to use the Services under these Terms, we grant no licenses. Feedback you provide may be used by us without obligation to you.
10. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OR THAT DATA WILL BE SECURE OR NOT LOST. YOU ARE RESPONSIBLE FOR MAINTAINING APPROPRIATE BACKUPS AND COMPLIANCE WITH LAWS APPLICABLE TO YOUR USE.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER AdvisoryFlow NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US$100). MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMIT.
Some jurisdictions do not allow certain limitations; in those jurisdictions, our liability is limited to the fullest extent permitted by law. Counsel should confirm caps and exclusions for your entity and markets.
12. Indemnity
You will defend, indemnify, and hold harmless AdvisoryFlow and its affiliates, officers, directors, employees, and agents from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of your User Content, your use of the Services in violation of these Terms, or your violation of law or third-party rights. Counsel may narrow or expand this section for B2B customers.
13. Termination
You may stop using the Services at any time. We may suspend or terminate access for breach, risk, non-payment, or discontinuation of the Services. Provisions that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnity, and dispute resolution) will survive termination.
Upon termination, we may delete or retain data as described in our Privacy Policy and applicable law. You should export data you need before closing your account where the product allows.
14. Governing law and disputes
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law principles.
Except where prohibited by applicable law, the state and federal courts located in Broward County, Florida shall have exclusive jurisdiction over any dispute arising out of or related to these Terms or the Services, and you consent to personal jurisdiction in those courts.
15. General
- Entire agreement. These Terms and the Privacy Policy are the entire agreement regarding the Services and supersede prior oral or written understandings.
- Assignment. You may not assign these Terms without our consent. We may assign in connection with a merger, acquisition, or sale of assets.
- Changes. We may modify these Terms by posting updates and updating the effective date. Material changes may require additional notice. Continued use after changes constitutes acceptance unless law requires express consent.
- Force majeure. We are not liable for delays or failures due to events beyond our reasonable control.
- Export. You must comply with export and sanctions laws.
- Severability; waiver. If a provision is unenforceable, the remainder stays in effect. Failure to enforce a provision is not a waiver.
- Notices. We may send notices to your account email or through the Services.