AssetView License Agreement
Effective Date / Last Updated: January 19, 2026
Introduction
AssetView, LLC and/or its subsidiaries and affiliates (referred to as “AssetView", “AV", "we", "our", or "us") thank you for selecting our Services (defined herein).
Please review this License Agreement including Addendums (collectively, "Agreement") carefully. This Agreement is a legal agreement between you (“Subscriber”) and AV. By clicking “I Agree” (indicating acceptance electronically), or by installing, accessing, or using the Services, you agree to this Agreement. If you do not agree to this Agreement, you may not use the Services. We may change this Agreement at any time. If you continue to use AV after we post changes to this Agreement, you are signifying your acceptance of the new terms. The most up-to-date version of this Agreement may be accessed at any time by reloading this page or by visiting: https://assetview.com/legal.
Incorporated Terms; Conflicts; Order of Precedence. This Agreement describes the license and terms of use governing your use of the Services. It incorporates by reference: (a) the AssetView Products and Services Privacy Policy; (b) the AssetView Websites Terms of Use and Privacy Policy; and (c) Supplemental Terms.
If there is a conflict between this Agreement and the AssetView Products and Services Privacy Policy, the AssetView Products and Services Privacy Policy will control solely with respect to the collection, use, disclosure, retention, security, and other processing of (a) Personal Investment Data, (b) Personal Data, and (c) De-Identified Data (each as defined in the AssetView Products and Services Privacy Policy), provided that this Agreement governs the scope of any license rights to User Content and any post-termination access to or use of User Content, except as necessary to effectuate deletion, retention, backup cycles, or holds as described in the AssetView Products and Services Privacy Policy, and this Agreement will control with respect to all other matters, including without limitation licensing and use restrictions, pricing and payment, service modification and termination, disclaimers, limitation of liability, indemnity, dispute resolution, and governing law. If there is a conflict between this Agreement and the AssetView Websites Terms of Use and Privacy Policy, this Agreement will control with respect to the Services. If there is a conflict between this Agreement and any applicable Supplemental Terms, the applicable Supplemental Terms will control solely with respect to the specific Services, features, pricing, metering, usage limits, or data processing they address. You may be offered other services, products, or promotions by AssetView (“Other AV Services”) or by third parties, which may be subject to additional terms and conditions and fees. If the Services include Open-Source Software, the applicable Open-Source Software Licenses control solely with respect to the Open-Source Software to the extent of any conflict.
Account Creation. By creating an account, or accessing or using our Services you agree that: (a) you are at least eighteen (18) years of age; (b) you can form a binding contract with AV; (c) you are not a person who is prohibited from receiving the Services under the laws of the United States, or any other applicable jurisdiction; and (d) you will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations, including import and export regulations.
Availability of the Services. AV does not represent that the Services are appropriate or available for use in all jurisdictions or countries. AV prohibits use of the Services and accessing or posting User Content from within countries or states where such User Content, Services, or the terms of this Agreement do not comply with the law. You are responsible for ensuring your User Content and your use of the Services comply with applicable law in your jurisdiction.
Key Definitions
For purposes of this Agreement, the following capitalized terms have the meanings set forth below. Any capitalized term not defined in this Section has the meaning given elsewhere in this Agreement, in the Services, or in the applicable Product Terms.
“Account” means the Subscriber’s registered account for access to the Services, including associated credentials, profiles, settings, and any Designated Users associated with such account.
“Addendum” means any addendum, program terms, or supplemental terms that are expressly incorporated into this Agreement (including, without limitation, Addendum #1 (Referral Program), Addendum #2 (Consultant Program), and Addendum #3 (Referred Consultant Program)).
“Affiliate(s)” means, with respect to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with that party, where “control” means ownership of more than fifty percent (50%) of the voting interests or the power to direct management.
“Application(s)” means AV-provided or third-party, integrations, extensions, plugins, connectors, or other software components that add to, modify, or enable functionality in the Services, which may be offered under separate subscription terms, pricing, or Product Terms.
“Application Provider” means the legal entity (or its authorized affiliate) that provides an Application (and any related services) and is the contracting party responsible for that Application under the terms governing it. For Applications provided by AssetView, the Application Provider is AssetView LLC (or the AssetView entity identified in this Agreement).
“AV Websites” means websites owned or operated by AssetView LLC and/or its subsidiaries and affiliates, including assetview.com and any subdomains, paths, and pages (including /legal) through which AssetView makes Services, Product Terms, documentation, pricing, or other materials available.
“Beta Features” means any alpha, beta, preview, experimental, or early-access features, functionality, tools, or services that AssetView makes available from time to time (including via the Services or AV Websites), whether labeled “beta,” “preview,” “experimental,” “early access,” or similar, and whether offered for free or for a fee. Beta Features may be modified, suspended, or discontinued at any time, may not be supported, may contain errors or inaccuracies, and are not intended for production use unless expressly stated otherwise in applicable Product Terms.
“De-Identified Data” means data that may be derived from Personal Data and/or Personal Investment Data that does not reasonably identify a User or an Account.
“Deletion Period” means the period following expiration or termination of the Term (typically not more than thirty (30) days) during which AssetView may retain and Process User Content only to: (a) provide reasonable access to export or retrieve User Content, if such access is offered; and (b) comply with applicable law or lawful requests, or establish, exercise, or defend legal claims, including to address any legal, security, fraud-prevention, dispute, or compliance hold. Deletion of User Content from AssetView’s active production systems is described in the AssetView Products and Services Privacy Policy. For clarity, User Content may persist for a limited period in encrypted backups, disaster recovery systems, or logs subject to normal backup cycles, technical constraints, and rolling deletion/overwriting, as described in the AssetView Products and Services Privacy Policy.
“Designated User” means a person to whom Subscriber elects to share access to a portfolio through the Services, subject to the sharing permissions selected by Subscriber and the limitations described in this Agreement and the Services. For clarity, the Subscriber controls the Account and manages Account-level settings, permissions, and rights for the Account and its Designated Users.
“Documentation” means user guides, FAQs, support articles, technical documentation, and other materials that AssetView makes available describing features or intended use of the Services, whether within the Services or on AV Websites.
“Fees” means subscription fees, usage-based fees, and any other fees or charges payable for the Services, Applications, or programs, as described in this Agreement, an Order Form, Product Terms, or AV Websites.
“Open-Source Software" means any software components, libraries, frameworks, utilities, or code that are made available under an open-source license and that are included in, incorporated into, distributed with, or used in connection with the Services.
“OSS Licenses” means the open-source license terms applicable to any Open-Source Software included in, incorporated into, distributed with, or used in connection with the Services, including (as applicable) any license notices, attribution requirements, disclaimer provisions, source-code availability obligations, and related conditions imposed by such licenses.
“Order Form” means any ordering document, checkout flow, invoice, statement of work, activation terms, or other ordering or payment terms that identify the Services purchased, subscription term, Fees, and any applicable usage limits, and that is accepted by Subscriber (including electronically).
“Passphrase” means the secret phrase or credential created by Subscriber used to encrypt and access encrypted Personal Investment Data within the Services.
“Personal Data” (or “PD”) means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked (directly or indirectly) to a User or Account. For purposes of this Policy, information Processed in connection with the Services by or on behalf of AV will be treated as PD to the extent it identifies or relates to a User or Account (such as contact details, authentication events, device/session identifiers, billing records, support communications, and usage telemetry).
“Personal Investment Data” (or “PID”) means the account balances, positions, holdings, and transactions and related portfolio information associated with an Account Processed by or on behalf of AV in connection with the Services (including where such information is derived from documents or files you upload or information you enter into the Services, to the extent used to create, update, or modify accounts, balances, positions, holdings, or transactions). For purposes of this Policy, information will be treated as PID to the extent it reflects or is used to create, update, or modify accounts, balances, positions, holdings, or transactions. PID may also constitute PD to the extent it is reasonably capable of being associated with, or linked to, a User or Account; however, for purposes of this Policy, where this Policy provides PID-specific terms, those terms govern.
“Processed” means any operation performed on information, whether by automated means or otherwise, such as collecting, recording, organizing, storing, accessing, using, analyzing, modifying, transmitting, disclosing, sharing, generating, or deleting.
“Product Terms” means product-specific terms, packaging terms, program terms, pricing terms, and/or usage-limit terms made available through the Services or on AV Websites that apply to specific Service offerings, editions, features, or Applications, including definitions for product metering terms such as Assets, Transactions, and Connectors.
“Recovery Kit” means the recovery material or mechanism provided by AssetView at setup intended to help Subscriber recover its Passphrase, which AssetView does not store and cannot reissue or reconstruct.
“Sandbox” means an environment for learning and testing only; not for use with production data.
“Services” means all AssetView services and products made available to Subscriber, including, without limitation: (a) the web application at client.assetview.com; (b) any other resources reached at the assetview.com domain and via related subdomains, paths, or pages (excluding public marketing site content which is subject to the AssetView Websites Terms of Use and Privacy Policy); (c) any installed application clients or software that access the Services (such as an offline mode, a stand-alone utility, a beta client, or an export tool); (d) application programming interfaces (“APIs”) offered by AssetView; (e) AssetView’s cloud services (“AV’s Cloud”); (f) Applications (defined herein); (g) support, customer service, and billing operations related to the Services; and (h) professional services offered by AssetView.
“Subscriber” means the individual or entity that accepts this Agreement and creates or maintains an Account for use of the Services. If an individual accepts on behalf of an entity, “Subscriber” refers to that entity.
“Subscription Term” means the subscription period selected at checkout or stated in an order form (e.g., monthly, annual), including any renewal terms.
"Supplemental Terms” means any additional terms provided separately to you for the Services, which may include product or program terms, ordering/activation/payment terms, and data processing agreements. Supplemental Terms may be made available on AV Websites, within the Services, or provided to you through other written or electronic means.
“Term” means the period during which Subscriber is authorized to access and use the Services under this Agreement, beginning on the Effective Date (or, if earlier, the date Subscriber first accesses or uses the Services) and continuing until the earlier of: (a) expiration of the then-current Trial Period or Subscription Term (as applicable) without renewal; or (b) termination or suspension of access in accordance with this Agreement.
“Third-Party Product(s)” means any product, service, application, integration, tool, data feed, or other offering provided by a third party (not AssetView) that may be offered, enabled, linked, or otherwise made available through the Services or AV Websites, including Third-Party Websites and third-party Applications.
“Third-Party Website(s)” means third-party websites or online services that are linked to or otherwise accessible from the Services or AV Websites.
“Trial” or “Trial Period” means any free, discounted, or evaluation access to the Services (or any portion of the Services) that AssetView makes available for a limited time, as indicated at sign-up, in the Services, on AV Websites, or in applicable Product Terms. A Trial ends at the earlier of: (a) the expiration of the stated trial duration; (b) Subscriber’s purchase of a paid subscription to the applicable Services; or (c) AssetView’s termination of the Trial in its discretion. Unless otherwise stated in applicable Product Terms, Trials may have limited features or usage, and User Content entered during a Trial may become inaccessible upon Trial expiration if Subscriber does not convert to a paid subscription.
“Usage” means consumption of the Services measured under the applicable Product Terms, including by reference to metering concepts such as Assets, Transactions, and Connectors, or other feature, or volume-based measures that may apply to a particular Service edition or App for AV.
"User(s)" means Subscriber and any Designated Users
“User Content” means any data, information, materials, files, text, images, audio, video, or other content that a User uploads, imports, transmits, posts, submits, stores, or otherwise makes available to or through the Services, including Personal Investment Data and Personal Data. User Content includes outputs generated through the Services for a User that are derived from that User’s User Content and provided to that User or generated at that User’s direction, but excludes De-Identified Data, aggregated statistics, system logs, audit trails, performance/usage analytics, and other operational or security data generated by AssetView.
“You” or “Your” means the Subscriber.
1. Use of the Services
1.1. Grant. Subject to your compliance with this Agreement and payment of applicable fees, AV grants to you a personal, limited, non-exclusive, non-distributable, non-sublicensable, non-transferable (except as expressly permitted in this Agreement or Product Terms), non-shareable right to access and use the Services during the Term only as expressly permitted by this Agreement and any applicable product terms on AV Websites. If AV expressly permits transferability for a specific product, the following will apply:
1.1.1 Internal Transfers Only. Your access rights are only transferable within your business entity (i.e. the business entity of the original signatory) including your parent company, departments, divisions, wholly-owned subsidiaries, and affiliates. In no case is a license granted under this Agreement transferable to any third-party outside of your business entity. Any attempt to transfer the license outside of your business entity without AV's prior written consent is a material breach of this Agreement.
1.1.2 Notification Requirement. You must notify AV in writing prior to any transfer of access rights within the entity. The notification must include: the name of the transferor and the transferee, the title of each, the name and title of the original license signatory, and the date of each transfer. You may be required to provide additional identifying information at AV's sole discretion. In addition, you will maintain accurate records of all internal transfers and make these records available to AV upon request for the purpose of verifying compliance with this Agreement.
1.1.3 Compliance. You must ensure that all Users within your business entity who receive the transferred license comply with all terms and conditions of this Agreement. You remain responsible for any breaches of the Agreement by any User within the entity.
1.1.4 Termination of Transfer Rights. AV reserves the right to terminate the transfer rights granted under this clause if the Licensee is found to be in violation of any terms of this Agreement or if AV has reason to suspect that a transfer does not comply with the terms of this Agreement.
1.2 Access. You accept responsibility for the confidentiality and use of any authentication method and/or credentials (e.g. user name, password, email address, Passphrase) that you use to register for and/or access our Services. You are fully responsible for all activities that occur on your account. You agree to: (a) immediately notify AV of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. AV cannot and will not be liable for any loss or damage arising from: (a) your failure to comply; or (b) use of Services under your account.
1.3 Security; Customer Responsibilities. AssetView maintains reasonable administrative, technical, and organizational safeguards designed to protect the security, data, confidentiality, and integrity of the Services, taking into account the nature of the Services and the information processed. Additional information about our privacy and security practices may be described in the AssetView Products and Services Privacy Policy and other notices we make available. You are responsible for maintaining the security of your Account and your systems and devices that access the Services, including: (a) using strong passwords and keeping credentials confidential; (b) enabling and maintaining multi-factor authentication (“MFA”) where available; (c) promptly installing updates and security patches for your devices, browsers, and any software you use to access the Services; (d) maintaining current contact information to receive security notices; (e) promptly notifying AssetView of any suspected unauthorized access or security incident involving your Account; and (f) safeguarding your Passphrase and Recovery Kit and storing them securely, as described in Section 1.4. AssetView is not responsible for security incidents, data loss, or unauthorized access resulting from your failure to follow these responsibilities, compromised credentials, or the security of your devices, networks, or third-party services outside of AssetView’s control.
1.4 Data Encryption Passphrase. The Services use an encryption mechanism to protect your Personal Investment Data. As part of the Services, you create a Passphrase, and AssetView provides a Recovery Kit intended to help you recover your Passphrase. The Recovery Kit is provided once at setup. You should never share your Passphrase and Recovery Kit. AssetView does not have access to your Passphrase or the Recovery Kit. Only you control and possess your Passphrase and Recovery Kit. You are solely responsible for downloading, storing, and maintaining access to the Recovery Kit after it is made available to you. AssetView cannot recover, reset, or restore access to your encrypted Personal Investment Data if you lose both your Passphrase and your Recovery Kit. If you lose them, your encrypted Personal Investment Data will be permanently inaccessible, and AssetView will have no liability for such loss of access or loss of data, to the maximum extent permitted by law. You acknowledge that this encryption model prioritizes your privacy over data recovery, and you accept full responsibility for your Passphrase and Recovery Kit.
1.5 NASDAQ Global Subscriber Agreement. As a condition of using the Services, you acknowledge that you have read and agree to be bound by the NASDAQ Global Subscriber Agreement, available at /legal/NASDAQ_Global_Subscriber_Agreement.pdf (the “NASDAQ Terms”), which are incorporated herein by reference, including any amendments or updates made by NASDAQ from time to time. Subscriber (for clarity, the AssetView Subscriber) is responsible for compliance with the NASDAQ Terms by all persons who access the Services under Subscriber’s account, including any breach of the NASDAQ Terms by such persons. You acknowledge that AssetView (as “Distributor” under the NASDAQ Terms) is not an agent of NASDAQ and is not authorized to add to, delete from, or modify the NASDAQ Terms, and you agree that the NASDAQ Terms have not been modified by AssetView. Subscriber represents and warrants that it is legally eligible to enter into, and to be bound by, the NASDAQ Terms as a “Subscriber” thereunder, and that the person accepting this Agreement is duly authorized to bind Subscriber. AssetView may suspend or terminate the Services as necessary to maintain compliance with the NASDAQ Terms.
1.6 Sandbox. If AV provides you with Sandbox (defined herein) environment, you may use that environment for learning and testing only. You may not use that environment for production data. AV may, at its sole discretion at any moment, reset, remove, or change that Sandbox and there is no guarantee of data preservation.
1.7 Product Terminology; Pricing Controls. Certain terms used in the Services and referenced in AV Websites pricing, packaging, or other product-specific terms (including “Assets,” “Transactions,” and “Sources”) are specified within the Services and/or in the applicable product-specific terms made available on AV Websites (the “Product Terms”). Unless otherwise defined in this Agreement, such terms have the meaning given in the Services or the applicable Product Terms. If there is any conflict, the applicable Product Terms control for pricing, metering, and usage limits.
2. Restrictions
2.1 Restrictions. The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by AV. AV reserves all other rights in the Services. You shall not, and shall not permit any Users of the Services or any other party to, engage in, solicit, or promote any activity that is; (a) objectionable or may be illegal; (b) violates the rights of others; (c) is likely to cause harm or damage to the reputation of AV; or (d) could subject AV to liability to third parties. Such activities include: (a) unauthorized access, monitoring, interference with, or use of the Services or third-party accounts, data, computers, systems or networks; (b) interference with others’ use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (c) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (d) viewing or other use of any User Content that, in AV’s opinion, is prohibited under this Agreement; (e) any other activity that places AV in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; (f) attempting to probe, scan, penetrate or test the vulnerability of an AV system or network or to breach AV’s security or authentication measures, whether by passive or intrusive techniques; or (g) access or use of the Services for benchmarking or similar competitive analysis purposes, for publishing or otherwise making available to the public any analysis of the Service, or for the purpose of a building a competitive product or service. AV reserves the right to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above.
2.2 Prohibitions. You acknowledge that the Services may include data subject to restrictions under export control laws and regulations administered by the United States government, or any other applicable jurisdiction. You agree that you are not prohibited from receiving the Services under the laws of the United States, or other applicable jurisdiction, and that you will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly. You agree you will not: (a) use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement; (b) provide access to or give any part of the Services to any third party; (c) reproduce, modify, copy, sell, trade, lease, rent, timeshare, or resell the Services; (d) provide the Services on a service bureau or managed services basis; (e) decompile, disassemble, or reverse engineer the Services; or (f) make the Services available on any file-sharing or application hosting service. For clarity, the prohibitions in this Section 2.2 do not apply to Open-Source Software to the extent an applicable OSS License permits such activities with respect to the Open-Source Software.
2.3 Export Controls; Sanctions. You represent and warrant that (a) you are not located in, under the control of, or a national or resident of any country or region subject to comprehensive U.S. sanctions or embargoes (including, as updated from time to time, those administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”)); (b) you are not identified on, and are not owned or controlled (directly or indirectly) by any person identified on, any U.S. government restricted or denied-party list (including OFAC’s Specially Designated Nationals and Blocked Persons List, the U.S. Department of Commerce Denied Persons List or Entity List, or similar lists); and (c) you will not permit any User or third party to access or use the Services in violation of applicable export control or sanctions laws. You agree that you will not access, use, export, re-export, transfer, or disclose the Services, software, technical data, or any related technology or encryption items, except as authorized by U.S. law and the laws of the jurisdiction in which the Services are accessed or used. AssetView may suspend or terminate access to the Services immediately if it reasonably determines that your access or use may violate export control or sanctions laws, or if required to do so by applicable law.
2.4 Property Rights. As between you and AssetView, AssetView (and its licensors) own and retain all right, title, and interest in and to the Services and AV Websites, including all related intellectual property rights, excluding (a) User Content, and (b) any Third-Party Products and any OSS Components included in or used with the Services, which are owned and licensed by their respective providers under their applicable terms or OSS Licenses. Any content presently displayed or made available by AssetView in the future, such as text, logos, images, music, digital downloads, and data compilations, is the property of AssetView, its affiliates, and/or its licensors and is protected by United States and international intellectual property law. AssetView’s names and logos are trademarks of AssetView. AssetView’s trademarks and logos may not be used for products or services that are not respectively manufactured or offered by AssetView, or in any way that could cause confusion in the public, or in any way that disparages or discredits AssetView. Accordingly, you agree not to reproduce, represent, extract and use in any way any or all of AssetView’s trademarks, logos, or content, except as expressly permitted in writing by AssetView.
3. Payment
For Services offered on a payment or subscription basis, the following terms apply, unless AV or its third-party affiliate notifies you otherwise in writing:
3.1 Payments. Payments will be billed to you in U.S. dollars, or other currencies which we may choose to make available (plus any and all applicable taxes). You must pay with a payment method acceptable to AV (e.g. credit card, debit card). A debit or credit card (or other payment method that AV makes available) is required to use the Services (including Trial of the Services). All AV pricing is monthly unless explicitly stated otherwise. AV subscription fees are billed in advance. Usage fees are billed in arrears at the end of each subscription month. Usage for a subscription month is based on the peak usage during that subscription month. Applications (defined herein) are priced as independent subscriptions.
3.2 Taxes. Fees and charges for the Services are exclusive of any sales, use, value-added (VAT), goods and services (GST), excise, gross receipts, or similar transaction-based taxes, duties, or government assessments (collectively, “Taxes”). You are responsible for all Taxes associated with your purchase or use of the Services, other than taxes based on AssetView’s net income, property, or payroll. If AssetView is required to collect or remit Taxes, AssetView will charge such Taxes to you and you agree to pay them unless you provide a valid, current tax exemption certificate or other documentation sufficient to support an exemption. If you are required by law to withhold or deduct any taxes from payments to AssetView, you may do so only if required by applicable law and you must (a) provide AssetView with reasonable documentation supporting the withholding, and (b) gross up the payment so that AssetView receives the full amount it would have received absent the withholding, unless applicable law does not permit a gross-up. Each party will provide the other with reasonable assistance and documentation to claim available tax exemptions, credits, or treaty benefits where applicable.
3.3 Updates. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
3.4 Renewal. Renewal, auto-renewal, billing, and cancellation terms are set forth in Section 10.5.
3.5 Trial. If you registered for a Trial (defined herein) use of the Services, you must decide to subscribe to the Services, at the current rate, within the Trial Period (defined herein) in order to retain any User Content that you have entered through the Services, created within the data file, posted, or uploaded during the Trial Period. If you do not subscribe to the Services by the end of the Trial Period, your User Content will no longer be available to you. To be very clear, after using the Services during the Trial Period, if you decide not to subscribe to the Services, you will not be able to access or retrieve any of the data you added or created with the Services during the Trial. In the case that multiple versions of the Services are offered, you must subscribe to a version of the Services that supports the data you would like to retain; any other data will no longer be available for you to access.
3.6 Verification of Compliance; Usage Reporting. AssetView may monitor and record technical and usage data relating to your access to and use of the Services (including the number of Users, Assets, Transactions, Connectors, and other metered usage), and may use such data to administer the Services, enforce this Agreement, calculate fees, and verify compliance with applicable Product Terms and third-party data provider requirements (including the NASDAQ Terms). Upon reasonable notice and no more than once per twelve (12) months (unless a material breach is suspected), you will provide reasonable cooperation and information requested by AssetView to verify compliance with this Agreement, including confirming User counts, usage levels, and internal transfer records, and (if applicable) completing or facilitating any vendor-required subscriber certifications. Any such verification will be conducted in a manner intended to minimize disruption and will not require AssetView to access your encrypted Personal Investment Data. If AssetView determines that you have exceeded applicable usage limits or otherwise used the Services in violation of this Agreement, you agree to promptly pay any underpaid fees and/or remedy the non-compliance, and AssetView may suspend or restrict access to the Services until the issue is cured.
4. Use of the Services
4.1 Reserved Rights. AV reserves the right: (a) to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business products or services that are objectionable or promote, support or engage in any of the content restrictions described herein; (b) to refuse input to or remove from the Service any of the foregoing User Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement; and (c) to disclose any information necessary to satisfy our legal obligations, protect AV or its customers, or operate the Services properly.
4.2 Prohibited User Content: AV is not responsible for any User Content, including that which you submit through the Services. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:
4.2.1 Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages "flaming" others or criminal or civil liability under any local, state, federal or foreign law;
4.2.2 User Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
4.2.3 Solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;
4.2.4 Virus, Trojan horse, worm or other disruptive or harmful software or data; and
4.2.5 Any User Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.
4.3 Community Forums. The Services, and any AV Websites, may include a community forum or other social features to exchange User Content and information with other users of the Services and the public. AV does not support and is not responsible for the User Content in these community forums. Please be respectful when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which AV is not responsible.
4.4. Feedback. You agree that AV may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising, or marketing materials. You grant AV a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to AV in any way.
4.5 User Content Ownership; License to Process User Content.
4.5.1 Ownership. As between you and AssetView, you retain all right, title, and interest in and to your User Content, including your Personal Investment Data and any other data, information, materials, files, and content you upload to, transmit through, generate in, or otherwise make available through the Services. Except for the limited rights expressly granted in this Agreement, AssetView does not acquire any ownership interest in User Content.
4.5.2 Limited License to Provide the Services. You grant AssetView and its affiliates a limited, non-exclusive, worldwide, royalty-free, sublicensable (solely to our service providers acting on our behalf), and revocable license during the Term and any Deletion Period to host, store, reproduce, process, transmit, display, perform, and otherwise use User Content only as reasonably necessary to (a) provide, operate, maintain, and support the Services and any requested features; (b) prevent, detect, investigate, and respond to fraud, abuse, security incidents, and technical issues; (c) comply with applicable law and enforce this Agreement; and (d) fulfill your instructions and configurations (including syncing, importing, exporting, sharing, and generating outputs you request).
Following expiration or termination, AssetView may Process User Content only as described in this Section and solely during the Deletion Period. After the Deletion Period, AssetView will delete User Content from its active production systems in accordance with this Agreement and the AssetView Products and Services Privacy Policy, except to the extent continued retention is required by applicable law or lawful requests or subject to a legal, security, fraud-prevention, dispute, or compliance hold, or as described with respect to backup cycles and technical constraints in the AssetView Products and Services Privacy Policy.
5. Access to your Personal Investment Data
5.1 Financial Institution Investment Data. AV uses Plaid (or, in the future, another third party chosen by AV that offers a similar service to Plaid) to enable you to allow AV to access, download, store and display your Personal Investment Data (defined herein) from your financial institutions (e.g. Schwab, JP Morgan) for use in the Services. AV: (a) does not guarantee that you will be able to use the Services with your financial institution(s); and (b) will have no liability whatsoever for any actions or inactions on the part of the financial institution(s) resulting in your inability to use the Services to access your accounts, obtain data, download transactions, or otherwise use or access the Services.
5.2 Legal Authority. You hereby represent that you have the legal authority to access any financial institution(s)' account(s) to which you provide AV access.
5.3 Data Use. You acknowledge that in accessing your financial institution account(s) through the Services, your investment data, including your Personal Investment Data, may be collected, converted, stored in encrypted form and used by AV for the purpose of providing the Services. AV is a read-only financial dashboard designed to aggregate and display account and transaction data from third-party custodians, financial institutions, and data providers (such as Plaid). AV does not execute trades or process orders. Any investment decisions should be confirmed against the official custodian or broker records prior to execution. AV is not a system of record and does not serve as the official books and records of any broker-dealer, investment adviser, or end client. The underlying custodians and financial institutions remain the authoritative source for account balances, transaction histories, and official confirmations. Users must verify all data against official custodian statements before making investment decisions.
5.4 Permission. You acknowledge that some financial institution(s) may not permit AV or other third parties to access to your data.
5.5 Changes. You acknowledge that financial institution(s) may make changes to their websites or data services, with or without notice to you or AV, that may affect the overall performance of the Service and prevent or delay aggregation of data from such institutions.
5.6 Data Integrity. You acknowledge that AV is not responsible for the completeness or accuracy of information obtained from your financial institutions.
5.7 Separation. You acknowledge that any transactions or informational activities performed at any financial institution(s)' website are not made through the Services and AV assumes no responsibility for any such transactions or activities.
5.8 Fee Responsibility. You acknowledge that you are solely responsible for any charges, fees or costs associated with your financial institution account(s) when accessed through the Services by you or by AV.
5.9 Designated User Access. If you opt to share a portfolio including your Personal Data and Personal Investment Data with a Designated User (defined herein), for that Designated User to access the Services, that Designated User must be an independent subscriber to the Services with their own credentials. You are responsible for (a) your sharing choices and permissions; (b) ensuring you have all rights and permissions required to share the data; and (c) ensuring that each Designated User complies with the terms of this Agreement that apply to such access.
6. Personal Information
6.1 Privacy. You acknowledge that AV will process your data in accordance with the AssetView Products and Services Privacy Policy, in which is defined the scope and use of: (a) Personal Investment Data, (b) Personal Data, and (c) De-Identified Data.
6.2 Personal Information. With regard to: (a) your data; and (b) if you provide us with personal information that is not personal to you, you represent and warrant to us that:
6.2.1 You will provide appropriate notice and have obtained (or will obtain) all consents and rights necessary for us to use such information in accordance with this Agreement and the AssetView Products and Services Privacy Policy;
6.2.2 You have the appropriate legal basis, as required by applicable law, for us to: (a) use, and/or disclose the personal information in accordance with the AssetView Products and Services Privacy Policy; (b) move the data outside of the country of residence of such owner of the personal data; (c) provide the personal information to Third-Party Products that you approve; and (d) otherwise use and disclose the personal information in accordance with this Agreement.
6.2.3 Indemnification for Third-Party Personal Information. This indemnification obligation applies regardless of the legal theory upon which any claim is based. You agree to indemnify, defend, and hold harmless AV, its affiliates, officers, directors, employees, agents, and suppliers from and against any and all third-party claims, actions, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or relating to:
6.2.3.1 Your failure to obtain all necessary consents, authorizations, or approvals for personal information (including third-party personal information) that you provide to, upload to, or process through the Services;
6.2.3.2 Your failure to provide required privacy notices or disclosures to individuals whose personal information you provide to AV;
6.2.3.3 Your breach of any representation, warranty, or obligation set forth in Sections 6.2.1 or 6.2.2 of this Agreement;
6.2.3.4 Your violation of any applicable privacy, data protection, or consumer protection laws or regulations (including, without limitation, GDPR, CCPA, or other applicable data protection laws) in connection with personal information you provide to or process through the Services;
6.2.3.5 Claims by any individual whose personal information you provided to AV without proper legal authority, consent, or authorization;
6.2.3.6 Your sharing of portfolios, content, or personal information with any party without obtaining proper consents from affected individuals; or
6.2.3.7 Any misrepresentation regarding your legal basis for processing personal information under applicable law.
6.3 Public Content. The Services may provide you with the opportunity to share your data, User Content, or ways in which you aggregate data with other Users, other AV customers, and other third parties. When sharing any User Content, you agree not to share any information that is confidential without the express consent of those who own that confidential information. If you have the option of accessing another user's User Content, you understand and agree that the User Content is being provided by the user, and not AV, for information and guidance purposes only, and AV and such user are not responsible in any way for your use of the User Content.
6.4 Telephone Numbers; MFA; Communications Preferences. You may provide AV with a telephone number in connection with your account or through the Services. If you enable or use multi-factor authentication (“MFA”) or other phone-based security features, you authorize AV to use your telephone number to help confirm your identity and protect your account, including by sending you text messages containing one-time security codes and other security-related messages. These messages may be sent using an automated system. Message and data rates may apply.
AV may also use your telephone number to send non-marketing communications that are reasonably necessary to provide the Services or that you request, such as account alerts, security notifications, password-reset assistance, service-related notices, and to fulfill requests you submit through the Services. Where required by law, AV will provide reasonable methods to manage these communications; however, opting out of certain service-related messages may limit AV’s ability to support or secure your account.
Marketing texts/calls are optional. AV will not send automated marketing text messages or pre-recorded marketing voice messages to your telephone number unless you provide your separate, express consent. You may withdraw marketing consent at any time by following the opt-out instructions in the message (for example, replying STOP to a text) or by using any other method we make available. Consent to receive marketing communications is not required to use the Services.
You are responsible for obtaining and maintaining a compatible mobile device, internet access, and any required software, and for any fees charged by your mobile carrier or telecommunications provider.
6.5 Social Media Sites. AV may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among anyone who has registered to use them. Any User Content you post, such as pictures, information, opinions, or any personal information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.
6.6 Communications. AV may be required by law to send you communications about the Services or Third-Party Products. You agree that AV may send these communications and other communications or notices that AV is required to or opts to send to you by one or more of the following methods:: (a) via email; (b) via telephone or text message; or (c) by posting them on AV Websites.
7. Third-Party Products and Services
7.1 Third-Party Services and Products. AV Websites and the Services may tell you about or offer you products and services from third parties who are not affiliated with AV (collectively, Third-Party Products) and/or provide access or links to Third-Party Websites. These Third-Party Products include Applications that modify or create additional functionality in AV. Third-Party Products may have additional terms and conditions and fees that apply. If you decide to use any Third-Party Products or access any Third-Party Websites, you are solely responsible for your selection and for reviewing any separate product terms, website terms, and privacy policies. AV is not affiliated with Third-Party Products or Third-Party Websites and does not endorse or recommend Third-Party Products, even if such products are marketed or distributed via our products, website(s), or otherwise associated with AV. You agree that the applicable third parties, and not AV, are solely responsible for the Third-Party Product’s performance (including technical support), the content on their websites, and their use or disclosure of your data. AV will not be liable for any damages, claims, or liabilities arising from third parties, Third-Party Products, or Third-Party Websites. AV may update, remove, or change the availability of Third-Party Products at any time, and AV does not control Third-Party Products or Third-Party Websites. You agree that you will: (a) comply with all applicable laws, regulations, and ordinances; (b) not use Third-Party Products in any manner that would infringe or violate the rights of AV or any other party; and (c) not use Third-Party Products in furtherance of criminal, fraudulent, or other unlawful activity.
7.2 Application Provider; Store/Listing Labels. For any Application that constitutes a Third-Party Product, the applicable Application Provider is the third party identified in the Application, in an app store listing or listing within the Services, or in the third party’s terms, policies, or notices made available in connection with that Application. Any “provider,” “developer,” “seller,” “author,” or similar label displayed within the Services (including in an app directory or listing) is provided for convenience only and is not determinative of the Application Provider or the party legally responsible for the Application.
7.3 Open-Source Software
7.3.1 OSS Components. The Services may include or depend on Open-Source Software. Open-Source Software is not licensed to you under this Agreement. Instead, each Open-Source Software is licensed to you under the terms of the applicable OSS Licenses.
7.3.2 Precedence. To the extent this Agreement conflicts with an OSS License for Open-Source Software, the OSS License controls solely with respect to that Open-Source Software.
7.3.3 Agreement Restrictions Do Not Override OSS Licenses. Any restrictions in this Agreement (including restrictions on copying, modification, reverse engineering, redistribution, or sublicensing) do not apply to Open-Source Software to the extent such restrictions are prohibited by the applicable OSS Licenses.
7.3.4 Notices and License Texts. AssetView may provide required Open-Source Software notices, attributions, and license texts (including any required offers or source-availability information) through the Services, on AV Websites, and/or in a notices file included with installed clients or other distributed materials (collectively, “OSS Notices”). The OSS Notices are provided for notice purposes and are incorporated by reference into this Agreement solely to the extent required to satisfy applicable OSS Licenses.
7.3.5 Disclaimer for Open-Source Software. Open-Source Software is provided by their respective authors and contributors “AS IS,” without warranties of any kind, to the maximum extent permitted by law. Nothing in this Agreement expands any warranty, support obligation, or liability for Open-Source Software beyond what is required under applicable OSS Licenses.
7.3.6 Survival. Your rights under applicable OSS Licenses for Open-Source Software survive termination of this Agreement to the extent provided by those OSS Licenses.
8. Disclaimer of Warranties
8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASSETVIEW, ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY PARTNERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. ASSETVIEW AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 14 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 DOCUMENTATION DISCLAIMER. ANY USER GUIDES, HELP MATERIALS, TECHNICAL DOCUMENTATION, RELEASE NOTES, AND SIMILAR MATERIALS THAT ASSETVIEW MAKES AVAILABLE IN CONNECTION WITH THE SERVICES (“DOCUMENTATION”) ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE DOCUMENTATION DESCRIBES INTENDED USE AND FUNCTIONALITY, BUT DOES NOT CONSTITUTE A GUARANTEE, WARRANTY, OR REPRESENTATION REGARDING THE SERVICES’ PERFORMANCE, CAPABILITIES, AVAILABILITY, OR ACCURACY. NOT ALL FEATURES DESCRIBED IN THE DOCUMENTATION ARE AVAILABLE IN ALL EDITIONS OF THE SERVICES. ASSETVIEW DISCLAIMS RESPONSIBILITY FOR ERRORS, OMISSIONS, OR INACCURACIES IN THE DOCUMENTATION AND DOES NOT WARRANT THAT THE SERVICES WILL OPERATE AS DESCRIBED IN THE DOCUMENTATION.
8.3 ASSETVIEW DOES NOT PROVIDE PROFESSIONAL ADVICE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LEGAL, ACCOUNTING, FINANCIAL, TAX, HEALTH CARE, OR REAL ESTATE ADVICE. “MATERIALS” MEANS ANY INFORMATION, CONTENT, OR OUTPUTS MADE AVAILABLE THROUGH ASSETVIEW’S WEBSITES, APPLICATIONS, AND SERVICES, INCLUDING THROUGH ANY THIRD-PARTY APP, INTEGRATION, OR OTHER THIRD-PARTY PRODUCT, AND INCLUDING WITHOUT LIMITATION ANY OPINIONS, ANALYSES, PRICING, QUOTATIONS, ALERTS, INDICATORS, MODELS, OR OTHER MARKET DATA PRESENTED. MATERIALS ARE PROVIDED FOR GENERAL INFORMATIONAL, EDUCATIONAL, AND ENTERTAINMENT PURPOSES ONLY AND AS GENERAL MARKET INFORMATION. THIRD-PARTY APPS ARE PROVIDED BY THEIR RESPECTIVE PROVIDERS, NOT ASSETVIEW, AND ASSETVIEW DOES NOT CONTROL, ENDORSE, OR ASSUME RESPONSIBILITY FOR THIRD-PARTY APP CONTENT OR ANY MATERIALS PROVIDED BY OR THROUGH THIRD-PARTY APPS. MATERIALS DO NOT CONSTITUTE LEGAL, TAX, FINANCIAL, OR INVESTMENT ADVICE, AND ARE NOT INVESTMENT RESEARCH. NOTHING IN THE SERVICES SHOULD BE CONSTRUED AS A RECOMMENDATION, ENDORSEMENT, INDUCEMENT, OFFER, OR INVITATION TO BUY, SELL, OR HOLD ANY SECURITY OR OTHER ASSET, OR TO ENGAGE IN ANY INVESTMENT ACTIVITY OR STRATEGY. FOR THE AVOIDANCE OF DOUBT, ANY PROFESSIONAL SERVICES PROVIDED BY ASSETVIEW (INCLUDING IMPLEMENTATION, CONFIGURATION, TRAINING, OR SUPPORT) ARE PROVIDED SOLELY TO ASSIST WITH THE DEPLOYMENT AND USE OF THE SERVICES AND DO NOT INCLUDE LEGAL, TAX, ACCOUNTING, FINANCIAL, INVESTMENT, OR OTHER PROFESSIONAL ADVICE.
8.4 YOU ARE RESPONSIBLE FOR YOUR OWN INVESTMENT DECISIONS. YOU SHOULD CONSULT QUALIFIED LEGAL, TAX, AND FINANCIAL PROFESSIONALS BEFORE BUYING, TRADING, OR SELLING ASSETS, AND YOU SHOULD CONDUCT YOUR OWN INDEPENDENT RESEARCH AND DUE DILIGENCE. ALL INVESTMENTS INVOLVE RISK, INCLUDING THE POSSIBLE LOSS OF PRINCIPAL, AND MAY BE VOLATILE. PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS. ASSETVIEW DOES NOT GUARANTEE THE ACCURACY, TIMELINESS, OR COMPLETENESS OF ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICES, AND MATERIALS MAY CHANGE WITHOUT NOTICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASSETVIEW DISCLAIMS LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF, OR RELIANCE ON, THE SERVICES OR ANY MATERIALS MADE AVAILABLE THROUGH THEM, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, WHETHER DIRECT OR INDIRECT.
8.5 ASSETVIEW, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. ASSETVIEW MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES. IN USING THE SERVICES, YOU ACKNOWLEDGE THAT NO METHOD OF TRANSMISSION OVER THE INTERNET, OR METHOD OF ELECTRONIC STORAGE IS 100% SECURE.
8.6 ASSETVIEW SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DELAYS IN PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT AS A RESULT OF ANY EVENT BEYOND ITS REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO: ADVERSE WEATHER CONDITIONS, INTERNET OUTAGE OR INTERRUPTION OF SERVICE, DENIAL OF SERVICE ATTACK, TELECOMMUNICATIONS OR POWER OUTAGE, FIRE, FLOOD, CIVIL DISOBEDIENCE, LABOR DISRUPTIONS, STRIKES, LOCKOUTS, SHIPPING DISRUPTIONS, EMBARGOES, TERRORISM, NATURAL DISASTER, WAR, OR ACTS OF GOD.
9. Limitation of Liability and Indemnity
9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF ASSETVIEW, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE ONE (1) MONTH PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, ASSETVIEW, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET ASSETVIEW SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF ASSETVIEW AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF ASSETVIEW, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
YOU AGREE TO INDEMNIFY AND HOLD AV AND ITS AFFILIATES AND SUPPLIERS HARMLESS FROM ANY AND ALL CLAIMS, LIABILITY AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, ARISING OUT OF YOUR USE OF THE SERVICES OR BREACH OF THIS AGREEMENT (COLLECTIVELY REFERRED TO AS "CLAIMS"). AV RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIMS. YOU AGREE TO REASONABLY COOPERATE AS REQUESTED BY AV IN THE DEFENSE OF ANY CLAIMS.
10. Services Modification, Access, Cancellation, and Termination
10.1 Modification to Services. The Services may periodically be updated with tools, utilities, improvements, third-party applications, or general updates to improve the Services. You agree to receive these updates. We have the right, in our sole discretion at any time, to discontinue, revise, update, or otherwise modify the Services or alter your access to the Services. We do not guarantee backward compatibility of our Services and Application Programming Interface (API). You may reject any changes to the Services by discontinuing use of the Services. Your continued use of the Services will constitute your acceptance of and agreement to such changes.
10.2 Beta Features. From time to time, AV may, at its sole discretion, include new and/or updated Beta Features (defined herein) in the Services for your use and which permit you to provide feedback (fees may apply). You understand and agree that your use of the Beta Features is voluntary and AV is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Features back to the earlier non-beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.
10.3 Service Storage and Access. AV shall have the right, in its sole discretion to establish or change limits concerning use of the Services, temporarily or permanently, including but not limited to: (a) the amount of storage space you have on the Services at any time; and (b) the number of times (and the maximum duration for which) you may access the Services in a given period of time. AV reserves the right to make any such changes effective immediately to: (a) maintain the security of the system or user access information; or (b) to comply with any laws or regulations. You may reject changes by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes. AV may, from time to time, perform maintenance upon the Services resulting in interrupted service, delays, or errors in the Services.
10.4 Support; Maintenance; No Service Level Agreement. AssetView may provide customer support for the Services through the channels we make available from time to time (for example, in-product support, email support, help center resources, or community forums). Any support is provided at AssetView’s discretion and may be modified, limited, or discontinued at any time. AssetView does not guarantee response times, resolution times, or that any particular issue will be resolved. The Services may be unavailable, delayed, or subject to interruptions due to scheduled or unscheduled maintenance, updates, upgrades, emergency changes, or factors outside of AssetView’s reasonable control. No service level agreement (“SLA”), uptime commitment, or service credit obligation applies unless expressly set forth in a written order form or applicable Product Terms signed by AssetView, in which case that SLA (if any) will apply only as stated therein and only to the specific Services covered by it.
10.5 Renewal, Auto-renewal, and Billing Terms. AV Services subscriptions are offered on a monthly, quarterly, or annual basis (or other Subscription Term expressly stated at checkout, in the Services, or in applicable Product Terms). Unless you cancel before the end of your then-current Subscription Term, your subscription will automatically renew for successive renewal Subscription Terms equal in length to your then-current Subscription Term (e.g., monthly renews monthly; annual renews annually) at AV’s then-current rates, plus applicable taxes.
By starting a paid subscription (including by converting from a trial), you authorize AV (and its payment processors) to charge your selected payment method on a recurring basis for subscription fees billed in advance and, after the end of each billing period, for any applicable usage fees billed in arrears that are incurred during the paid Subscription Term, without requiring further authorization from you for each renewal or charge, unless required by applicable law. For clarity, usage fees (if any) are not charged during a trial period. Usage fees begin accruing only upon commencement of a paid subscription. AV may provide renewal, billing, and service-related notices by email, in-Services notice, or by posting within the Services or on AV Websites. If AV changes subscription pricing or materially changes renewal terms, we will provide advance notice consistent with applicable law (and generally at least thirty (30) days in advance), and the change will take effect at the start of your next renewal Subscription Term unless you cancel before renewal.
10.6 Cancellation of Service. If you would like to cancel, you may do so at any time through your profile page (or any other method we make available within the Services). Cancellation stops auto-renewal and will be effective as of the last day of the Subscription Term during which you cancel; you will continue to have access through the end of that Term. There are no refunds of any AV fees in any case, including but not limited to cancellation, except where required by applicable law or expressly stated in applicable Product Terms or an Order Form. After the Subscription Term ends, you will not have access to the Services or your data.
10.7 Termination of Services. AV may, in its sole discretion and without notice, restrict, deny, terminate this Agreement, or discontinue or suspend the Services, effective immediately, in whole or in part. Reasons for taking such action include but are not limited to: (a) to protect the integrity or availability of the Services or systems; (b) to ensure compliance with AV policy; (c) if you no longer agree to receive electronic communications from AV; (d) if we determine that your use of the Services substantially exceeds or differs from normal use by other users; (e) if we determine that your use of the Services is in violation of this Agreement or raises suspicion of fraud, conduct inconsistent with the intent of the License, misuse, security concern, illegal activity or unauthorized access issues; or (f) if we determine that your use of the Services conflicts with AV's interests or those of another user of the Services. Upon AV notice that your use of the Services has been terminated, you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect AV's rights to any payments due to it including, but not limited to, usage fees, and fees for Applications. AV may terminate a free account (e.g. a trial) at any time.
10.8 Survival. The following provisions survive termination or expiration of this Agreement: Section 2.1 (Restrictions, to the extent applicable after termination, restrictions relating to benchmarking or competitive analysis, security testing, and misuse of the Services); Section 2.2 (Prohibitions); Section 2.3 (Export Controls); Section 2.4 (Intellectual Property); Section 3 (fees owed and payment obligations accrued before termination); Section 7.3 (Open-Source Software); Sections 8–9 (Disclaimers; Limitation of Liability; Indemnity); Sections 11–15 (AssetView Confidential Information; Governing Law; Language; General; Notifications); any provisions that by their nature are intended to survive (such as accrued rights to payment); any confidentiality obligations stated in Addendums; and any Addendum provisions stated to survive.
10.9 Agreement Modification. We reserve the right to modify this Agreement, in our sole discretion, at any time, and the modifications will be effective when posted through the Services or on our websites or when we notify you by other means. It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications.
11. AssetView Confidential Information
11.1 In connection with your use of the Services, you may receive or have access to AssetView’s non-public information, including, but not limited to, product features and designs, pricing, roadmaps, documentation, source code and APIs, security measures, performance information, and other technical, business, or operational information that is marked or otherwise should reasonably be understood to be confidential (“AssetView Confidential Information”).
11.2 AssetView Confidential Information does not include information that you can demonstrate: (a) is or becomes publicly available through no fault of yours; (b) was lawfully known to you without confidentiality obligations before you received it from AssetView; (c) is lawfully received from a third party without breach of any confidentiality obligation; or (d) is independently developed by you without use of AssetView Confidential Information.
11.3 You will protect AssetView Confidential Information using at least reasonable care (and no less than the care you use to protect your own confidential information), will not use it except as necessary to access and use the Services as permitted by this Agreement, and will not disclose it to any third party except to your employees and contractors who have a need to know for permitted purposes and who are bound by confidentiality obligations at least as protective as this Agreement.
11.4 You may disclose AssetView Confidential Information to the extent required by law, regulation, subpoena, or court order, provided that (to the extent legally permitted) you give AssetView prompt written notice and reasonable cooperation to seek protective treatment, and you disclose only the minimum amount required. You may also disclose AssetView Confidential Information to your attorneys, accountants, and auditors on a confidential basis as reasonably necessary. For clarity, nothing in this Section authorizes you to disclose AssetView Confidential Information to provide financial or investment advice.
11.5 Upon AssetView’s request, you will promptly return or destroy AssetView Confidential Information in your possession or control, except that you may retain copies required by law or retained in routine archival backups, provided that any retained information remains subject to this confidentiality obligation.
12. Governing Law and Jurisdiction
12.1 Governing Law; Equitable Relief. This Agreement is governed by the laws of the State of Florida, without regard to conflict of laws principles. You acknowledge that a breach or threatened breach of this Agreement (including any violation of AssetView’s intellectual property rights, Confidential Information, or unauthorized access to the Services) may cause irreparable harm for which monetary damages may be inadequate. Accordingly, AssetView may seek injunctive or other equitable relief in any court of competent jurisdiction, in addition to any other remedies available at law or in equity.
12.2 Jurisdiction; Venue. Except for actions seeking injunctive or other equitable relief under Section 12.1, any dispute, claim, or controversy arising out of or relating to this Agreement or the Services will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and the parties irrevocably submit to the personal jurisdiction of those courts and waive any objection based on inconvenient forum.
13. Language
13.1 Translation. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.
14. General
14.1 Additional Terms. Section headings are for reference purposes only and do not limit the scope or extent of such section. This Agreement is the entire agreement between you and AV regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The validity or un-enforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. No failure or delay by AV exercising any right, power or privilege under this Agreement will operate as a waiver thereof. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. AV may assign or transfer this Agreement at its sole discretion. You may assign or transfer this Agreement only with prior written approval from AV which may be requested via an email to legal@assetview.com.
14.2 Interpretation. For purposes of this Agreement, the words “include,” “includes,” and “including” are deemed to be followed by the words “but not limited to,” whether or not expressly stated.
15. Notices
15.1 Notices to you. AssetView may provide notices and other communications under this Agreement (“Notices”) to you by one or more of the following methods: (a) email to the address associated with your Account; (b) in-Services notifications; (c) posting within the Services or on the AV Websites; or (iv) any other method reasonably designed to provide notice to you. You are responsible for keeping your Account contact information current and for monitoring Notices delivered through the Services.
15.2 Notices to AssetView. Formal legal notices to AssetView (including notices of termination, alleged breach, or the commencement of legal proceedings) must be sent in writing by certified mail or a nationally recognized courier to: AssetView LLC, Attn: Legal, 66 W Flagler Street, Suite 900, PMB 12192, Miami, Florida 33130, United States. You may also send a courtesy copy by email to legal@assetview.com, but email alone does not constitute formal notice to AssetView unless required by applicable law. Routine communications (questions, support requests, or privacy inquiries) may be sent by email to legal@assetview.com.
15.3 When notice is effective. Notices are deemed received: (a) if delivered through the Services, when first made available; (b) if posted on the Services or AV Websites, upon posting; and (c) if sent by certified mail/courier, upon confirmed delivery or refusal of delivery.
15.4 Legal process. Nothing in this Section limits AssetView’s ability to respond to lawful requests, subpoenas, court orders, or other legal process, or to provide Notices required by law.
Addendum #1: AssetView Referral Program
Terms & Conditions
These Terms & Conditions (“Terms”) govern participation in the AssetView Referral Program (“Program”). By participating, you (“Referrer”) agree to be bound by these Terms.
1. Referral Eligibility
To qualify as a “Referral,” the referred individual must:
- Sign up for a new AssetView account (no duplicate or previously registered accounts).
- Create a portfolio (not a Sandbox).
- Create at least one account containing a minimum of five (5) assets.
- Sign in to AssetView at least twelve (12) times within the first six (6) months of registration as measured by AssetView's internal system logs.
- Provide a testimonial that AssetView may use, edit, and display in marketing materials; testimonials are anonymous unless the provider of the testimonial specifically requests to be named and AssetView opts to display the provider's name or part thereof (e.g. Mark S.)
- Maintain a paid subscription in good standing for at least four (4) consecutive months after any free trial period.
2. Referrer Eligibility
To qualify for referral rewards, the Referrer must:
- Be an active AssetView customer in good standing at the time the Referral meets all criteria (including customers using a coupon or promotional offer).
- Provide a testimonial that AssetView may use, edit, and display in marketing materials; testimonials are anonymous unless the provider of the testimonial specifically requests to be named and AssetView opts to display the provider's name or part thereof (e.g. Mark S.)
- Ensure that the Referral enters the Referrer's name at the time of account creation or as otherwise verified by AssetView in its discretion.
Referrers are independent participants in the Program and are not employees, agents, joint venturers, or representatives of AssetView. Nothing in these Terms shall be construed to create any partnership, agency, or employment relationship between AssetView and any Referrer.
3. Referrer Rewards & Payment
- Reward Amount: $100 License fee credit ("Reward") per qualified Referral.
- Credit Timing: Reward is granted to the Referrer within thirty (30) days after the Referral satisfies all criteria.
- Application of Credit: Rewards are applied to the Referrer's future AssetView License fees and are non-transferable, non-redeemable for cash, and have no cash value outside of this Program.
- Reward Cap: Each Referrer may earn Rewards for up to ten (10) qualified Referrals. AssetView may, in its sole discretion and with prior written approval, increase this cap for any Referrer.
- Misuse: AssetView reserves the right in its sole discretion to withhold or revoke Rewards in the event of suspected fraud, abuse, conduct inconsistent with the intent of the Program, or violation of these Terms.
- Tax Obligations: Referrers are solely responsible for reporting Reward credit as taxable income if applicable. AssetView may issue IRS Form 1099 for any Referrer whose total Rewards meet or exceed reporting thresholds.
- Right to Terminate: AssetView may suspend or terminate a Referrer's participation at any time, for any reason, with notice by text, email, or communication through assetview.com.
4. Guidelines for Referral Communications
All Referrers must comply with the following guidelines for Referral Communications:
- Clear and Conspicuous Disclosures: Disclose your relationship with AssetView in a way visible to ordinary consumers (i.e. “AssetView Referrer”).
- No Claims: Do not make claims about the software's performance, fitness, or suitability. You may refer the potential user to assetview.com for information.
- No Investment Advice: Do not provide financial, investment, or tax advice. Communications must be limited to a referral.
5. Confidentiality
Referrers must maintain the confidentiality of any non-public information relating to AssetView, its business operations, or referred users. Such information may not be disclosed to any third party except as required by law or with prior written consent from AssetView.
6. Program Modifications & Termination
AssetView reserves the right to modify, suspend, or terminate the Program at any time, with or without notice, for any reason. Payments already earned for qualified Referrals will be honored. Sections five (5) and seven (7) of this Addendum will survive and remain in effect even if this Agreement or Addendum is terminated.
7. Limitation of Liability
To the maximum extent permitted by law, AssetView is not liable for any indirect, incidental, special, or consequential damages, or any loss of profits or revenue, arising from participation in this Program.
Addendum #2: AssetView Consultant Program
Terms & Conditions
If you choose to apply for participation as an AssetView Consultant in the AssetView Consultant Program (“Program”), and if you are subsequently approved in writing by AssetView as an AssetView Consultant in the Program, then you agree to be bound by these Terms & Conditions (“Terms”).
This agreement only governs the relationship between AssetView and the AssetView Consultant. The relationship between the Consultant and any end user of AssetView software is solely at the discretion of those parties.
1. Compensation
Any and all consulting fees will be paid by the end user directly to the Consultant. AssetView is not a party to the relationship between the Consultant and end users, the exact scope of work, or those transactions. Consultant may be entitled to AssetView Referral Fees subject to the Consultant meeting the terms of the Referral Program.
2. Scope
This Program is solely focused on software configuration and data management. The rendering of financial advice by the Consultant to end users is strictly prohibited within the scope of this Program. Any financial advice rendered by Consultant to an end user is strictly outside of the Consultant's capacity as an AssetView Consultant and is subject to the Consultant's independent licensing (e.g. RIA) and certifications (e.g. CPA, CFA).
3. Confidentiality
Consultants must maintain the confidentiality of any non-public information relating to AssetView, its business operations, and end users. Such information may not be disclosed to any third party except as required by law or with prior written consent from AssetView.
4. Consultant Eligibility
To qualify as a “Consultant,” the Consultant must:
- Be an AssetView Subscriber in good standing with at least one portfolio (not a Sandbox) with a minimum of five (5) assets.
- Provide a testimonial that AssetView may use, edit, and display in marketing materials; testimonials are anonymous unless the provider of the testimonial specifically requests to be named and AssetView opts to display the provider's name or part thereof (e.g. Mark S.).
- Have reviewed all training materials provided by AssetView including the AssetView Support Guide, Video Library, and all resources available in AssetView Central.
- Be well-versed in the set up and use of AssetView software.
AssetView's approval in writing is required for you to be admitted and serve as a Consultant. AssetView may admit or not admit at its sole discretion. AssetView reserves the right to verify eligibility and may revoke Consultant status at any time if eligibility criteria are no longer met.
5. Free Consultant Training
In addition to the training materials available in AssetView central, AssetView offers free one-on-one training sessions for the Consultant so that the AssetView Consultant is well-versed in setting up and using AssetView software. AssetView, at its sole discretion, may limit free training.
6. Guidelines for Consulting Communication
All Consultants must comply with the following guidelines with respect to services they offer relating to AssetView:
- Clear and Conspicuous Disclosures: Disclose your referral relationship with AssetView in a way visible to ordinary consumers (i.e. "Referred by AssetView”).
- Materials: Only use materials available at AssetView.com. Any other content in connection with this Program must be pre-approved in writing by AssetView.
- Truthful & Substantiated Claims: Only make factual, verifiable claims (e.g., “aggregates accounts in one dashboard,” “provides performance analytics”). Do not make performance guarantees.
- No Misleading Omissions: Disclose any material limitations that could affect a user's decision.
7. Program Supervision & Compliance
- Training & Contracts: Consultants must comply with FTC endorsement guidelines and these Terms. AssetView may, at its discretion, require written confirmation of such compliance.
- Content Review: Only use official AssetView content or content pre-approved by AssetView.
- Monitoring & Enforcement: AssetView may review, approve, or request removal of materials. Consultants must promptly correct non-compliant materials.
- Record Keeping: AssetView will maintain records of approved content and may request examples of Consultant activities.
8. Modification and Termination
AssetView may suspend or terminate a Consultant's participation at any time, for any reason, with notice by text, email, or communication through assetview.com. AssetView reserves the right to modify, suspend, or terminate this Program at any time, with or without notice, for any reason. Sections three (3) and nine (9) of this Addendum will survive and remain in effect even if this Agreement or Addendum is terminated.
9. Limitation of Liability
To the maximum extent permitted by law, AssetView is not liable for any indirect, incidental, special, or consequential damages, or any loss of profits or revenue, arising from participation in this Program. AssetView disclaims all warranties, express or implied, including software merchantability and fitness for a particular purpose.
Addendum #3: Referred Consultant Program
1. Request for Consultant
If you request a referral through the Referred Consultant Program, AssetView may, at its sole discretion, refer you to a resource ("Consultant").
2. Scope
This Program is solely focused on software configuration and data management. The rendering of financial advice by the Consultant to end users is strictly prohibited within the scope of this Program. Any financial advice rendered by Consultant to an end user is strictly outside of the Consultant's capacity as an AssetView Consultant and is subject to the Consultant's independent licensing (e.g. RIA) and certifications (e.g. CPA, CFA).
3. Fees
Any consulting fees arising from the relationship between you and the Consultant will be arranged and paid by you to the Consultant outside the scope of this Agreement.
4. Limitation of Liability
AssetView is not a party to the relationship between you and the Consultant, the exact scope of work, or those transactions. Consultants operate as independent entities and have no affiliation, partnership, agency, or employment relationship with AssetView other as a referral. AssetView makes no representation or warranty regarding any Consultant qualifications, services, fitness, or suitability for any particular purpose. AssetView disclaims all warranties, express or implied, including software merchantability and fitness for a particular purpose. To the maximum extent permitted by law, AssetView is not liable for any indirect, incidental, special, or consequential damages, or any loss of profits or revenue, arising from participation in this Program.
5. Modification and Termination
AssetView reserves the right to modify, suspend, or terminate this Program at any time, with or without notice, for any reason. Section four (4) of this Addendum will survive and remain in effect even if this Agreement or Addendum is terminated.
