- 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.
- Your Content.
- 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.
- Access to Third Party Accounts.
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.
- Use of Work Product/Content Shared by Another User.
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.
- Password and Security.
- Our Privacy.
- Interference and Malicious Code.
- 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.
- 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.
You agree to protect and fully compensate Onist and Onist’s service providers and their respective affiliates from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable legal fees) caused by or arising from:
(i) your use of the Platforms,
(iii) your infringement of any intellectual property or other right of any third party;
(iv) your Content;
(v) your use of any Work Product; and
(vi) in connection with any Connection access you may have and any use of the Content made available to you as a Connection.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE SERVICES AND THE PLATFORMS ARE PROVIDED ON AN “AS IS” BASIS. ONIST, ITS SERVICE PROVIDERS AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND WHATSOEVER RELATING TO THE SERVICES, THE PLATFORMS OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE PLATFORMS. ONIST, ITS SERVICE PROVIDERS AND THEIR RESPECTIVE AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS.
ANY MATERIAL OBTAINED THROUGH THE USE OF THE PLATFORMS IS DONE AT YOUR OWN DISCRETION AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ONIST OR ITS SERVICE PROVIDERS THROUGH OR FROM THE PLATFORMS WILL CREATE ANY WARRANTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ONIST, ITS SERVICE PROVIDERS AND THEIR RESPECTIVE AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY (INCLUDING TIMELINESS), CORRECTNESS OR COMPLETENESS OF ANY SERVICES, WORK PRODUCT OR OTHER CONTENT MADE AVAILABLE ON THE PLATFORMS OR OTHERWISE BY ONIST AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY ONIST OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE PLATFORMS WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
ONIST, ITS SERVICE PROVIDERS AND THEIR RESPECTIVE AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE PLATFORMS WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE PLATFORMS WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE PLATFORMS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE PLATFORMS IS SUBJECT TO CHANGE WITHOUT NOTICE AND ONIST DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.
For jurisdictions that do not allow or restrict limitations of warranties, our warranties in such jurisdictions shall be as required by law.
- 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).
- Waiver of Jury Trial.
- Waiver of Class Action Claims.
- 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.
- 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.
- Our Relationship With You.
Onist is an independent contractor for all purposes with respect to the Platforms.
- English Language.
- Ending your Relationship with Onist.
(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.
- Cancelling Your Subscription
- Deleting Your Account.
- Contact and Inquiries.
You may also send a letter to:
Onist Technologies Inc.
688 Richmond Street West