Terms of Service Agreement

This Terms of Service Agreement (the “Agreement”) is a legal agreement between you and Capitect, Inc., a Delaware Corporation (“Company” or “we” or “us”) for use of the website found at https://www.capitect.com, any additional subdomains of capitect.com, the servers used by the websites and applications, the computer files stored on such servers, and all services, features and content offered by the Company (collectively, the “Site”).

All Site visitors and users, including financial advisors (“Advisors”) and their clients (“Clients”) are collectively referred to as “you.” Please note that Capitect, Inc. is neither a financial advisor nor an investment advisor—our services provide a platform for users to share information with their existing financial advisors.

Acceptance of Terms

Please read this Agreement carefully before you start to use the Site. By accessing or using the Site, you accept and agree to be bound and abide by this Agreement and our Privacy Policy, incorporated herein by reference. If you do not agree to this Agreement or the Privacy Policy, you must not access or use the Site.

Registration and Eligibility

When creating or updating a user account on the Site (“Account”), you may be required to provide the Company with certain personal information, which may include your name, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with the Company’s Privacy Policy. You agree that you will supply accurate and complete information to the Company, and that you will update that information promptly after it changes. You further agree that:

You must be at least 18 years of age and a United States resident to create an Account.
You shall not have more than one Account at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than yourself;
You shall not have an Account or use the Site if you have been previously removed by the Company.

Limited License

The Company grants users a limited, revocable, non-exclusive, non-transferable license to access and use the Site as follows: (i) Clients are permitted to use the Site for personal, non-commercial use only; (ii) Advisors to use the Site for the purpose of providing professional financial advising services to the Advisor’s Clients. All rights, title, and interest in and to the Site not expressly granted in this Agreement are reserved by the Company.

Intellectual Property Rights, Copyright, and Trademark

The Company name, the term “Capitect,” the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of Capitect, Inc. or its affiliates or licensors. You must not use such marks without prior written permission from the Company.

User Content

By submitting information, data, passwords, and other content through the Site, you grant us a license to use such content for the limited purpose of operating the Site and providing related services, without any requirement by us to pay any fees or be subject to further restrictions or limitations.

Restrictions on Your Use of the Site

As a condition of using the Site, you agree not to use the Site for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Site and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree to the following:

You may not resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Site.
You may not modify, reverse engineer, decompile or disassemble the Site.
You may not copy, adapt, alter, modify, translate, or create derivative works of the Site without written authorization of the Company.
You may not permit other individuals to use the Site, including but not limited to shared use via a network connection, except under the terms of this Agreement or with the written consent of the Company.
You may not circumvent or disable any technological features or measures in the Site for protection of intellectual property rights.
You may not use the Site in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
You may not use or access the Site to compile data in a manner that is used or usable by a competitive product or service.
You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;
You shall not use your Account to engage in any illegal conduct;
You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13.

Any such forbidden use shall immediately terminate your license to the Site.

Account Security

You are solely responsible for activity that occurs on your account and it is your responsibility to protect your personal data and maintain the confidentiality of your user information and password. You are also responsible for immediately notifying the Company of any unauthorized use of your account, or breach of your account information or password.

Monitoring

We reserve the right to view, monitor, and record activity when you use the Site without notice or further permission from you, to the fullest extent permitted by applicable law.

Changes to the Site

From time to time and without prior notice to you, we may change, expand and improve the Site. We may also, at any time, cease to continue operating part or all of the Site, or selectively disable certain aspects of the Site or portions of the Site.

Third Party Links

The Site may give you access to links to third-party websites (“Third Party Sites”). The Company does not endorse any of these Third Party Sites and does not control them in any manner.

Subscription Fee and Refund Policy

Advisors pay a monthly subscription fee for use of the Site. Payment information you provide is handled and secured pursuant to our Privacy Policy.

Reliance on Information Posted

The information presented on or through the Site is made available solely for informational purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

Digital Millennium Copyright Act

We respect the intellectual property rights of others and expect all users of our Site to do the same. We prohibit copyright infringing activities on the Site and, if properly notified, will promptly remove or disable access to such files.

Warranty Disclaimer

CAPITECT, INC., ITS DIRECTORS, EMPLOYEES, CONTRACTORS, SUPPLIERS, PARTNERS LICENSORS, AGENTS (“COVERED PARTIES”) REPRESENT THAT CAPITECT AND THE SITE IS AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF CAPITECT, ITS AFFILIATES, LICENSORS AND AGENTS TO YOU SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

Indemnification

You agree to defend, indemnify and hold harmless Capitect, Inc. and the Covered Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the services or information provided on the Site.

Not a Financial, Investment, Legal or Tax Advisor

The Site is intended to help make collaboration between Advisors and their Clients as convenient and streamlined as possible. However, we do not offer or render financial, investment, tax or legal advice.

Miscellaneous

All matters relating to the Site and this Agreement shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.