The Platforms are owned and operated by Onist. You are only permitted to use information, data or other materials which is the result of any analysis or processing performed by the Services (“Work Product”) in connection with your use of the Services. You may not use, copy, reproduce, distribute, create derivative works from or commercially exploit any part of the Work Product except for your personal use, provided that, if you are a Connection (as defined below), you may use the Work Product in connection with the services you provide to registrants who have provided you access to their Content (as defined below). You may not reverse engineer or reverse compile any Work Product or any of our technology without our express written permission. To request such express written permission, please contact us using the contact information provided in the “Contact and Inquiries” section below.
You decide what information to provide through the Platform. You can provide the Platform with many different types of personal and financial information depending on the functionality you wish to receive. For example, by providing credentials to your online bank account(s), you enable the Platform to retrieve your information from such online account(s). Your data will either originate from you, be provided by another user on your behalf (for example, through a Connection (as defined below)) or be accessed and populated based on access information you provide. By providing us with your information, data, user names, passwords, materials or other content (collectively, "Content"), either directly or through the provision of online credentials with the intent that the relevant information be populated onto the Platforms, you license to Onist and its service providers the right to use such Content in connection with the performance and delivery of the Services. In providing the Services to you, Onist and its service providers may use, modify, display, distribute and create Work Product using such Content.
The Service separates your Content into the following four modules (each a “Module”): (1) family module, which consists of personal information of you and your family, information about business entities you or your family own or are involved with, and your professional contact list, (2) net worth module, which consists of information about your financial accounts, including your assets and liabilities, (3) transaction activity module, which consists of information about your financial transactions, and (4) vault module, which consists of documents you, or other users you have granted permission to, upload onto the Platforms.
Connections. As part of the functionality of the Platforms, you may provide other registered users with access to one or more Modules and/or certain individual resources (such as uploaded documents) through the Services (each such user is referred to as a “Connection”). You control who your Connections are and the level of access each Connection will have. For example, you may provide your broker or your financial advisor with access to your net worth Module and you may provide your spouse with access to your family Module. In addition, you may choose to provide a Connection with limited access (i.e. “read-only” access) or full access (i.e. “read and write” access, which includes the ability to add/edit/delete information) to a Module or an individual resource. If you provide a Connection full access to a Module or an individual resource, such Connection will be able to see all other Connections to whom you have provided access to such Module or individual resource.
The functionality of the Platforms allows you to provide Connections the ability to unilaterally share Modules or certain individual resources with third parties. You can provide a Connection such ability at such time as you provide such Connection access to the applicable Module or individual resource. For example, you may provide a Connection the ability to unilaterally share your net worth Module, but not your transaction activity Module. If you do not expressly provide a Connection the ability to unilaterally share a Module or an individual resource, such Connection may request to share their access to such Module or individual resource with third parties through the Platforms. In such an event, you will receive a notification advising of such access and, upon receiving the notification, you must expressly authorize or decline such third party’s access.
Please be cautious in providing Connection access and allowing a Connection to share your Content with third parties. While you can change a Connection’s access rights at any time, once you have provided a Connection or a third party with access to your Content, Onist has no control over the use and disclosure of the accessed Content by such Connection and/or third party. Please ensure that you are comfortable with the information practices of your Connections before providing them with access to your Content.
By providing access information to third party accounts you acknowledge that there may be certain implications on, among other things, your or the principal account holder’s rights under such accounts and you agree that you have informed yourself of, and agree to, such implications. If you are not the principal account holder, you represent and warrant that you have informed the principal account holder of such implications and they have consented to such implications.
In order to access certain features and functionalities of the Platforms, you are required to create and register a user account (your "Account"). By registering an Account you represent and warrant to Onist that all information that you provide, including without limitation information with respect to a Connection, on the registration form is true, accurate, current and complete. Onist may rely on the information you provide, including any user IDs or passwords you create, to identify you and your activity, and you must promptly update and otherwise maintain your information to keep your Account current at all times. Onist reserves the right to make any inquiries it considers necessary to validate your identity, including asking you for further information and/or requiring you to take steps to confirm ownership of your email address or financial instruments. If you do not provide this information or Onist cannot verify your identity, we can refuse to allow you to use the Platforms. If you choose to enable the Platforms to access third party accounts, you must provide Onist with accurate, current and complete information to access such third party accounts. You agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
You agree not to give or make available the credentials for your Account to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Platforms without your consent, you must notify Onist at once at the address specified below.
Any Work Product or information contained on the Platforms or provided from the Services should not be considered personal investment advice. Work Product and information contained on the Platforms is not intended to provide legal or accounting advice, and should not be relied upon in that regard.
Your access and use of the Platforms may require certain equipment, connectivity services and other technology (e.g., computers or other similar devices, internet connectivity, reading programs, etc.). It is your responsibility to obtain and maintain all of this required technology at your own expense. Although Onist generally tries to make the Platforms compatible with available technology, Onist does not imply or guarantee in any way that the Platforms will be compatible or otherwise accessible using any specific model, brand or type of technology.
You agree to protect and fully compensate Onist and Onist's service providers and their respective affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable legal fees) caused by or arising from:
(i) your use of the Platforms,
(iii) your infringement of any intellectual property or other right of any third party;
(iv) your Content;
(v) your use of any Work Product; and
(vi) in connection with any Connection access you may have and any use of the Content made available to you as a Connection.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE SERVICES AND THE PLATFORMS ARE PROVIDED ON AN “AS IS” BASIS. ONIST, ITS SERVICE PROVIDERS AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND WHATSOEVER RELATING TO THE SERVICES, THE PLATFORMS OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE PLATFORMS. ONIST, ITS SERVICE PROVIDERS AND THEIR RESPECTIVE AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS.
ANY MATERIAL OBTAINED THROUGH THE USE OF THE PLATFORMS IS DONE AT YOUR OWN DISCRETION AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ONIST OR ITS SERVICE PROVIDERS THROUGH OR FROM THE PLATFORMS WILL CREATE ANY WARRANTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ONIST, ITS SERVICE PROVIDERS AND THEIR RESPECTIVE AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY (INCLUDING TIMELINESS), CORRECTNESS OR COMPLETENESS OF ANY SERVICES, WORK PRODUCT OR OTHER CONTENT MADE AVAILABLE ON THE PLATFORMS OR OTHERWISE BY ONIST AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY ONIST OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE PLATFORMS WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
ONIST, ITS SERVICE PROVIDERS AND THEIR RESPECTIVE AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE PLATFORMS WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE PLATFORMS WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE PLATFORMS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE PLATFORMS IS SUBJECT TO CHANGE WITHOUT NOTICE AND ONIST DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.
For jurisdictions that do not allow or restrict limitations of warranties, our warranties in such jurisdictions shall be as required by law.
YOU AGREE THAT ONIST, ITS SERVICE PROVIDERS AND THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE FOR ANY 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 ONIST OR SUCH SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING ONIST, ONIST, ITS SERVICE PROVIDERS AND THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE FOR DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THE PLATFORMS (INCLUDING ANY RELATED WORK PRODUCT OR SERVICES), OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR INCOMPATIBILITY BETWEEN ANY ELEMENT OF THE PLATFORMS AND YOUR HARDWARE DEVICE(S).
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORMS, YOU AGREE TO ADDRESS AND RESOLVE SUCH DISPUTE WITH SUCH OTHER USER AND NOT ONIST AND TO RELEASE ONIST, ITS SERVICE PROVIDERS AND THEIR RESPECTIVE AFFILIATES FROM ANY CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
TO THE EXTENT THE FOREGOING LIMITATION IS PROHIBITED UNDER APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF ONIST, ITS SERVICE PROVIDERS AND THEIR RESPECTIVE AFFILIATES FOR ALL DAMAGES ARISING FROM THE PLATFORMS, THE SERVICES AND THE CONTENT SHALL BE THE LESSER OF (A) THE TOTAL AMOUNT PAID BY YOU TO ONIST TO USE THE PLATFORMS AND (B) ONE HUNDRED DOLLARS ($CAD100.00).
Onist shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by an authorized representative of Onist. No delay or omission on the part of Onist in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Information Onist publishes on the Platforms may contain references or cross references to Onist products and services that are not announced or available in your country or region of the world. Such references do not imply that Onist intends to announce such products or services in your country. Please consult Onist at the contact information set forth below for information regarding the products and services which may be available to you.
Onist is an independent contractor for all purposes with respect to the Platforms.
You acknowledge and agree that Onist may immediately deactivate or delete your Account and all related information and files in your Account and/or prohibit any further access to all files and the Platforms by you. Further, you agree that Onist shall not be liable to you or any third party for any termination of your access to the Platforms.
You may close your Account with Onist at any time by following the delete your account process. Deleting the Platform from your device will not close your Account. After you close your Account, you will not be able to sign in to use the Platforms or access any of your Content. When you close your Account with Onist all of your Content, including all information that was derived from your Content, will be deleted from the Platforms.
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