Terms of Use

Onist Technologies Inc., together with and/or through its affiliates (collectively, “Onist”, or “we”), offer you a wide range of data related services, including easy access to the data which you agree to populate, data aggregation, data-analytics and other related services and information (collectively, the “Services”) via this website and other websites or online platforms (collectively, the “Platforms”). By using the Platforms, you are agreeing to accept and comply with these terms and conditions of use in our beta program, as set forth below (these “Terms of Use”), as well as Onist’s Privacy Policy (the “Privacy Policy”). By using the Platforms, you confirm that you have read and understood these Terms of Use and the Privacy Policy and that you agree to comply herewith and therewith. For the purposes of these Terms of Use, “you” means the individual subscribing to the Family Plan or the company subscribing to the Professional Plan (the “Onist Plan”) through the Platforms, as the context dictates. If you are accepting these Terms of Use on behalf of a company, you hereby represent and warrant that you have the authority to bind the company to these Terms of Use.

  1. Right to Use.

The Platforms are owned and operated by Onist. You are only permitted to use information, data or other materials which is the result of any analysis or processing performed by the Services (“Work Product”) in connection with your use of the Services. You may not use, copy, reproduce, distribute, create derivative works from or commercially exploit any part of the Work Product except for your personal use, provided that (i) if you are a Connection (as defined below), you may use the Work Product in connection with the services you provide to registrants who have provided you access to their Content (as defined below) and (ii) if you are using the Platforms on behalf of a Professional Plan  subscriber, you may use the Work Product in connection with the services you provide to your clients to the extent contemplated herein. You may not reverse engineer or reverse compile any Work Product or any of our technology without our express written permission. To request such express written permission, please contact us using the contact information provided in the “Contact and Inquiries” section below.

  1. Your Content.

You decide what information to provide through the Platform. You can provide the Platform with many different types of personal and financial information depending on the functionality you wish to receive. For example, by providing credentials to your online bank account(s), you enable the Platform to retrieve your information from such online account(s). Your data will either originate from you, be provided by another user on your behalf (for example, through a Connection (as defined below)) or be accessed and populated based on access information you provide. By providing us with your information, data, user names, passwords, materials or other content (collectively, “Content”), either directly or through the provision of online credentials with the intent that the relevant information be populated into the Platforms, you license to Onist and its service providers the right to use such Content in connection with the performance and delivery of the Services. In providing the Services to you, Onist and its service providers may use, modify, display, distribute and create Work Product using such Content. For more information on the type of information we collect and/or which may be populated into the Platforms, please see our Privacy Policy [hyperlink].

We pride ourselves on our privacy practices. We employ robust measures to protect the confidentiality of your Content and will never sell or divulge your Content to third parties except: (i) to our service providers as described in these Terms of Use and our Privacy Policy; (ii) to your Connections to the extent you have provided such Connections with access to your Content; and (iii) as required or permitted by law including, without limitation, in order to assist with a law enforcement investigation or comply with any subpoena, warrant or any judicial, administrative orders or demands. Onist will not use your Content to market goods or services to you.

By submitting Content, you represent and warrant to Onist that you have all necessary rights to provide such Content and permit Onist (and its affiliates and service providers’) use of the Content in accordance with these Terms of Use.

  1. Connections.As part of the functionality of the Platforms, you may provide other registered users with access to all or some of your Onist Plan and/or certain individual resources (such as uploaded documents) through the Services (each such user is referred to as a “Connection”). You control who your Connections are and the level of access each Connection will have. For example, you may provide your broker or your financial advisor with access to only your net worth area and you may provide your spouse with full access to everything in your Onist Plan. In addition, you may choose to provide a Connection with limited access (i.e. “read-only” access) or full access (i.e. “can edit”, which includes the ability to add/edit/delete information) to the area(s) of your Onist Plan that you gave the Connection access to. If you provide a Connection full access to an area or an individual resource, such Connection will be able to see the names of all other Connections to whom you have provided access to the same area or individual resource.

Connections can request to share specific information and/or individual resources associated with your Onist Plan with another person. In the event a Connection makes such a request, the request will go into “pending” status after which you, the owner, may approve such request before the other person becomes a Connection and is able to access the applicable information and/or individual resources.

Please be cautious in providing Connections access and allowing a Connection to share your Content with third parties. While you can change a Connection’s access rights at any time, once you have provided a Connection or a third party with access to your Content, Onist has no control over the use and disclosure of the accessed Content by such Connection and/or third party. Please ensure that you are comfortable with the information practices of your Connections before providing them with access to your Content.

  1. Access to Third Party Accounts.

If you elect to have the Platforms access information from third party accounts by providing the access information to such third-party account, our service provider, Envestnet Yodlee, Inc. (“Yodlee”), will access such third-party accounts for the purposes of performing the Services. By providing the requisite access information to the Platforms, you grant Onist and Yodlee permission and authority to access the relevant third party accounts, on your behalf or on behalf from the principal account holder, and retrieve the relevant information to make it available as part of the Services and agree to be bound by Yodlee’s Terms of Use in addition to these Terms of Use. You are not entitled to provide the Platform with any access information for any third-party accounts for which you are not the principal account holder or have the authority to act on behalf of the principal account holder.

By providing access information to third-party accounts you acknowledge that there may be certain implications, among other things, on your or the principal account holder’s rights under such accounts and you agree that you have informed yourself of, and agree to, such implications. If you are not the principal account holder, you represent and warrant that you have informed the principal account holder of such implications and they have consented to such implications.

  1. Use of Work Product/Content Shared by Another User.

Another user may share Work Product or Content, including his or her banking information, investment portfolio or other personal information, with you through the Platforms. You agree not to further share, distribute, reproduce, modify, disclose or otherwise grant someone else access to any shared Work Product or Content received by you from another user, without the express permission of that user. You agree that any restrictions on the use or treatment of Work Product in these Terms of Use apply to Work Product received by you from another user.

  1. Ownership.

Except for the express licenses provided herein, Onist reserves all rights, title and interest to the Platforms and all Work Product, including without limitation, all patents, copyrights, trademarks, trade names, service marks and logos of Onist (collectively “Intellectual Property”). Except as expressly stated in these Terms of Use, you have no right to use any of this Intellectual Property, and nothing contained in the Platforms shall imply or grant to you or any other third party any additional right to use any such Intellectual Property

  1. Eligibility.

The Platforms are not offered to any person under the age of majority in their jurisdiction of residence. If you accept these Terms of Use, you represent that you are of the age of majority or older in your jurisdiction of residence and have the capacity to be bound by contract. The Platforms are administered in the United States and Canada and are intended for U.S. and Canadian Connections; any use outside of the U.S. and Canada is at your own risk. You are responsible for compliance with any local laws applicable to you use of the Platforms.

  1. Registration.

In order to access certain features and functionalities of the Platforms, you are required to create and register a user account (your “Account”). By registering an Account you represent and warrant to Onist that all information that you provide, including without limitation information with respect to a Connection, on the registration form is true, accurate, current and complete. Onist may rely on the information you provide, including any user IDs or passwords you create, to identify you and your activity, and you must promptly update and otherwise maintain your information to keep your Account current at all times. Onist reserves the right to make any inquiries it considers necessary to validate your identity, including asking you for further information and/or requiring you to take steps to confirm ownership of your email address or financial instruments. If you do not provide this information or Onist cannot verify your identity, we can refuse to allow you to use the Platforms. If you choose to enable the Platforms to access third-party accounts, you must provide Onist with accurate, current and complete information to access such third-party accounts. You agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.

  1. Password and Security.

You agree not to give or make available the credentials for your Account to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. Notwithstanding the foregoing, if you are an Professional Plan subscriber, you may provide the credentials for your Account to your employees and agents to facilitate their use of the Services as permitted in these Terms of Use provided, however, such enterprise subscriber acknowledges and agrees that it remains responsible for all actions taken by such employees and agents using such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Platforms without your consent, you must notify Onist at once at the address specified below.

  1. Our Privacy.

At Onist, we pride ourselves on our privacy practices. We have developed the Platform in a manner that provides robust protection against unauthorized disclosure. Our privacy practices and protections are described in our Privacy Policy . We invite you to review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your personal information. By accepting these Terms of Use, you agree to the Privacy Policy and any changes to it published by Onist.

  1. Interference and Malicious Code.

You may not use the Platforms in any manner that could in any way transmit, directly or indirectly, any form of malicious or unwanted code or program to the Platforms or any websites, servers, networks, systems or equipment of Onist or any third party, or would otherwise interfere with or disrupt the Platforms or any websites, servers, networks, systems or equipment of Onist or any third party. You must at all times abide by all policies, procedures and other requirements communicated to you which are established by any networks connected to the Platforms. You also may not (i) employ any spiders, robots or other similar data mining programs or techniques on any Work Product or otherwise in connection with your use of the Platforms, or use any other automated devices, processes or means to access, retrieve or index any of the Platforms; (ii) access, retrieve or index any portion of the Platforms for purposes of constructing or populating a searchable database of information; (iii) collect or store personal data or any other information about other users or members of the Platforms (including usernames and/or email addresses) for any other purpose; (iv) reformat, frame or place pop-up windows over any portion of a Platform, or otherwise affect the way that any Platform is displayed; (v) add or use ActiveX, Java, Javascript, cookies, web beacons or other tracking technologies on the Platforms; (vi) forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Platforms or to manipulate your presence on the Platforms; (vii) use the Platforms to violate the security of any computer network, crack passwords or security encryption codes, or transfer or store illegal material, including material deemed threatening or obscene; (viii) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; or (ix) use websites from which the Services are provided, the Services or the Platform in any manner contrary to these Terms of Use or in any manner that violates any applicable local, federal, state, national, provincial or international law.

  1. Monitoring.

You agree that Onist has the right, but not the obligation, to monitor your use of the Platforms. Onist performs this monitoring for purposes of ensuring compliance with these Terms of Use, compliance with any applicable laws or regulations and understanding users’ use of the Platforms.

  1. Nature of Information.

Any Work Product or information contained on the Platforms or provided from the Services should not be considered personal investment advice. Work Product and information contained on the Platforms is not intended to provide legal or accounting advice, and should not be relied upon in that regard.

  1. Required Technology.

Your access and use of the Platforms may require certain equipment, connectivity services and other technology (e.g., computers or other similar devices, internet connectivity, reading programs, etc.). It is your responsibility to obtain and maintain all of this required technology at your own expense. Although Onist generally tries to make the Platforms compatible with available technology, Onist does not imply or guarantee in any way that the Platforms will be compatible or otherwise accessible using any specific model, brand or type of technology.

  1. Indemnity.

You agree to protect and fully compensate Onist and Onist’s service providers and their respective affiliates from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable legal fees) caused by or arising from:

(i) your use of the Platforms,
(ii) your violation of these Terms of Use;
(iii) your infringement of any intellectual property or other right of any third party;
(iv) your Content;
(v) your use of any Work Product; and
(vi) in connection with any Connection access you may have and any use of the Content made available to you as a Connection.

You agree that Onist’s service providers are third-party beneficiaries of the above provisions, with all rights to enforce such provisions as if they were a party to these Terms of Use.

  1. Disclaimer.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

THE SERVICES AND THE PLATFORMS ARE PROVIDED ON AN “AS IS” BASIS. ONIST, ITS SERVICE PROVIDERS AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND WHATSOEVER RELATING TO THE SERVICES, THE PLATFORMS OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE PLATFORMS. ONIST, ITS SERVICE PROVIDERS AND THEIR RESPECTIVE AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS.

ANY MATERIAL OBTAINED THROUGH THE USE OF THE PLATFORMS IS DONE AT YOUR OWN DISCRETION AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ONIST OR ITS SERVICE PROVIDERS THROUGH OR FROM THE PLATFORMS WILL CREATE ANY WARRANTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ONIST, ITS SERVICE PROVIDERS AND THEIR RESPECTIVE AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY (INCLUDING TIMELINESS), CORRECTNESS OR COMPLETENESS OF ANY SERVICES, WORK PRODUCT OR OTHER CONTENT MADE AVAILABLE ON THE PLATFORMS OR OTHERWISE BY ONIST AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY ONIST OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE PLATFORMS WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

ONIST, ITS SERVICE PROVIDERS AND THEIR RESPECTIVE AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE PLATFORMS WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE PLATFORMS WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE PLATFORMS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE PLATFORMS IS SUBJECT TO CHANGE WITHOUT NOTICE AND ONIST DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

For jurisdictions that do not allow or restrict limitations of warranties, our warranties in such jurisdictions shall be as required by law.

  1. Limitation of Liability.

YOU AGREE THAT ONIST, ITS SERVICE PROVIDERS AND THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF ONIST OR SUCH SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING ONIST, ONIST, ITS SERVICE PROVIDERS AND THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE FOR DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THE PLATFORMS (INCLUDING ANY RELATED WORK PRODUCT OR SERVICES), OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR INCOMPATIBILITY BETWEEN ANY ELEMENT OF THE PLATFORMS AND YOUR HARDWARE DEVICE(S).

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORMS, YOU AGREE TO ADDRESS AND RESOLVE SUCH DISPUTE WITH SUCH OTHER USER AND NOT ONIST AND TO RELEASE ONIST, ITS SERVICE PROVIDERS AND THEIR RESPECTIVE AFFILIATES FROM ANY CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

TO THE EXTENT THE FOREGOING LIMITATION IS PROHIBITED UNDER APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF ONIST, ITS SERVICE PROVIDERS AND THEIR RESPECTIVE AFFILIATES FOR ALL DAMAGES ARISING FROM THE PLATFORMS, THE SERVICES AND THE CONTENT SHALL BE THE LESSER OF (A) THE TOTAL AMOUNT PAID BY YOU TO ONIST TO USE THE PLATFORMS AND (B) ONE HUNDRED DOLLARS ($CAD100.00).

  1. Waiver of Jury Trial.

Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective affiliates arising under or relating to these Terms of Use and the use of the Platforms.

  1. Waiver of Class Action Claims.

To the extent permitted under applicable law, both parties agree to waive any right to assert any dispute or claim against the other party or any other intended beneficiary arising under or relating to these Terms of Use or the Platforms as a class action.

  1. No Waiver.

Onist shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by an authorized representative of Onist. No delay or omission on the part of Onist in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

  1. Regional Information.

Information Onist publishes on the Platforms may contain references or cross references to Onist products and services that are not announced or available in your country or region of the world. Such references do not imply that Onist intends to announce such products or services in your country. Please consult Onist at the contact information set forth below for information regarding the products and services which may be available to you.

  1. Modifications to these Terms of Use.

Onist may add to or otherwise modify these Terms of Use (in whole or in part) at any time. Such changes are at Onist’s discretion, and such additions or modifications shall be effective immediately upon posting to the Platforms or sent to you by email. By using the Platforms after such additions or modifications are posted or sent by email, you are agreeing to accept and comply with the Terms of Use as modified.

  1. Our Relationship With You.

Onist is an independent contractor for all purposes with respect to the Platforms.

  1. General.

These Terms of Use, as well as any other rules, procedures or protocols established by Onist (including the Privacy Policy), constitute the entire agreement between you and Onist with respect to the subject matter hereof. Onist and its affiliates, and their respective directors, officers, employees, agents, successors, and assigns shall be considered beneficiaries under these Terms of Use and shall each have the right to enforce the provisions of these Terms of Use directly, jointly or on its own behalf. These Terms of Use shall be governed by the laws of the Province of Ontario, without regard to its conflict of laws rules. Unless prohibited by applicable law, you agree that any action you commence in connection with the Platforms, the Services or your Content may only be brought in the applicable courts located in the City of Toronto.

  1. Severability.

To the extent any provision of these Terms of Use, including without limitation any disclaimers set forth herein, are deemed to be unenforceable as a matter of law, all remaining provisions of these Terms of Use shall remain in effect as written. Section headings are provided solely for convenience and shall not be given any legal import.

  1. English Language.

You agree that these Terms of Use any correspondence in connection therewith will be drawn up in English only. Vous convenez que ces Conditions d’utilisation et toute correspondance connexe seront rédigés en anglais seulement.

  1. Ending your Relationship with Onist.

These Terms of Use will continue to apply until your relationship with Onist is terminated by either you or Onist as set out below. If you want to terminate your legal agreement with Onist, you may do so by deleting your Account. Onist may, at any time, terminate its legal agreement with you and your access to the Platforms:

(a) if you have breached any provision of these Terms of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of these Terms of Use);

(b) if Onist in its sole discretion believes it is required to do so by law (for example, where providing access to the Platforms to you is, or becomes, unlawful);

(c) for any reason and at any time with or without notice to you; or

(d) immediately upon notice, to the e-mail address provided by you as part of your registration information.

You acknowledge and agree that Onist may immediately deactivate or delete your Account and all related information and files in your Account and/or prohibit any further access to all files and the Platforms by you. Further, you agree that Onist shall not be liable to you or any third party for any termination of your access to the Platforms.

  1. Cancelling Your Subscription

You may cancel your Account with Onist at any time by following the cancel your account process. Cancelling your Account will stop all further charges to your credit card for the Service.  You will have access to the Service until the end of your current billing cycle, after which you will no longer be able to use the Service unless you renew your subscription. When you cancel your Account with Onist, all of the Content associated therewith will remain on our or our service provider’s servers for a period not exceeding 18 months except as otherwise provided herein or in our Privacy Policy.  If you wish to have such Content deleted prior to that, please follow the “Deleting your Account” section below.

  1. Deleting Your Account.

You may fully delete your Account with Onist at any time by following the delete your account process. After you delete your Account, you will not be able to sign in to use the Platforms or access any of your Content. When you delete your Account with Onist, except as otherwise provided herein or in our Privacy Policy, all of the Content associated therewith will be deleted from our or our service provider’s servers. Please note that deleting the Platform from your device will not delete your Content.

  1. Contact and Inquiries.

If you have any questions regarding these Terms of Use or use of the Platforms generally, please contact Onist at support@onist.com.

You may also send a letter to:

Onist Technologies Inc.
688 Richmond Street West
Suite 302
Toronto, ON
M6J 1C5

 

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