Four Eyes Financial together with and/or through its affiliates (collectively “Four Eyes”, “we”, “us” or “our”) builds adoptable wealth technology. We exist to enable the best financial advisors to thrive through innovation by accelerating credibility and intimacy with clients and prospects.
These Terms of Service (“Terms of Service”, “Terms”) apply to your access to and use of the websites, mobile applications and other online products and services (collectively, the “Services”) provided by Four Eyes Financial (together with its subsidiaries, affiliates, successors and assigns). Your access to and use of the Services is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services.
We may make changes to these Terms from time to time. You will be provided with notice if we make changes by sending an email, providing a notice through our Services or updating the date at the top of these Terms. The amended Terms will be effective immediately, unless we say otherwise in our notice, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. You must stop using our Services, if you do not agree to the amended Terms.
If you do not agree to these Terms, do not use the Services.
2. Ownership; Intellectual Property
The technology and content used to offer, or provided in connection with, the Services, including the information, text, graphics, images, illustrations and other content contained therein, are owned by Four Eyes Financial or our licensors or third party vendors (together, “Third Party Service Providers”) and are protected under both Canada and foreign laws. Subject to your compliance with these Terms, as part of the Services, we grant you a nonexclusive, limited, royalty-free, revocable license during the term of this Agreement to use our content strictly to facilitate your use of our Services. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate the intellectual property rights of Four Eyes Financial and its Third Party Service Providers. All other product names and company logos found on promotional materials are the trademarks or service marks of their respective owners.
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. Four Eyes Financial reserves the right to, and may, terminate or temporarily suspend your access to all or any part of the Services, without notice, for conduct that Four Eyes Financial believes violates these Terms or any of its policies, procedures, rules, regulations or guidelines, or for any other reason in its sole discretion.
3. Your Account Registration
4. Your Electronic Disclosure Consent
You consent to receive all notices and information regarding our Services, and other offerings electronically, by providing your email to enroll for use of our Services. Your consent to receive communications electronically is valid until you end your relationship with Four Eyes Financial. It is your responsibility to provide us with true, accurate and complete e-mail addresses, contact and other information related to this disclosure and to maintain and update promptly any changes in this information. Electronic communications may be delivered to your registered e-mail address and/or posted on within our Services. Whether or not you have received or retrieved the communication, all communications in electronic format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination. We reserve the right to terminate or change the terms and conditions on which we provide electronic communications and will provide you notice thereof in accordance with applicable law.
5. Our Services
Our goal is to enable the best financial advisors to thrive through innovation by accelerating credibility and intimacy with clients and prospects. Our Services encompass providing quantitative analysis of portfolio data, cash-flow analysis of investment and financial accounts, structuring and hosted management of financial data, and providing regulatory compliance views into investment data to provide financial insights and opportunities for improvement.
6. Financial Information
In order to use the Services you will need to provide information about your financial account(s). You will have the option to input your account information manually into the Services, our choose to have your financial account information collected through account aggregation. If you choose to utilize account aggregation, you are allowing Four Eyes Financial, to securely connect with third party financial institutions to retrieve your financial account information, such as your account balances, transactions and holdings, from financial institutions you designate. Utilizing account aggregation services provides an up-to-date view of your financial information, as the accounts are refreshed regularly. Aggregated third party accounts that you link to the Services, provides access to historical account information only.
7. Data Submission and Retrieval from Third Parties
By using account aggregation, you authorize Quovo to access websites of Third Party Institutions designated by you, on your behalf, to retrieve Sync Information requested by you. For all purposes hereof, you hereby grant Quovo a limited power of attorney, and you hereby appoint Quovo as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access websites, servers or documents of Third Party Institutions, to retrieve Sync Information, and use your Credentials, all as described herein, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN QUOVO ACCESSES AND RETRIEVES SYNC INFORMATION FROM THIRD PARTY INSTITUTIONS, QUOVO IS ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF ANY SUCH THIRD PARTY INSTITUTION. You agree that Third Party Institutions shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you, and are third party beneficiaries for purposes of this paragraph. You understand and agree that the Services are not necessarily endorsed or sponsored by any Third Party Institutions accessible through the Services.
8. Availability, Errors and Inaccuracies
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable. We may experience delays in updating information on the Service and in our advertising on other websites.
Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Four Eyes Financial to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. FOUR EYES FINANCIAL MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
9. Third Party Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by Four Eyes Financial.
Four Eyes Financial has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Four Eyes Financial shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
11. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. FOUR EYES FINANCIAL, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER FOUR EYES FINANCIAL OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER FOUR EYES FINANCIAL OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 17 OF THIS PROVISION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Four Eyes Financial its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
13. Limitation of Liability
Four Eyes Financial, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
14. Disclaimer and Non-Waiver of Rights
Four Eyes Financial makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Four Eyes Financial its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and Four Eyes Financial chooses not to immediately act, or chooses not to act at all, Four Eyes Financial will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Four Eyes Financial does not waive any of its rights. Four Eyes Financial shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
15. Not a Tax Advisor, Broker or Financial Planner
NEITHER FOUR EYES FINANCIAL NOR THE SERVICES ARE INTENDED TO PROVIDE TAX, LEGAL OR FINANCIAL ADVICE. FOUR EYES FINANCIAL IS NOT A TAX ADVISOR, BROKER OR FINANCIAL PLANNER. The Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
17. Governing Law
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of New Brunswick and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Please contact us at:
Four Eyes Financial
89 Canterbury Street, Suite 501
Saint John, NB