Exhibit A For Advice

Terms of Use

Effective Date: November 2024

  1. Acceptance of Terms: By accessing or using the services of Exhibit A For Advice LLC ("Exhibit A"), you agree to comply with and be bound by these Terms of Use. If you do not agree with any part of these Terms, you should not access or use our services. These Terms take effect when you first access our services and continue as long as you use or have access to them. Exhibit A reserves the right to deny or restrict access at our discretion.
  2. Use of Services: Exhibit A provides a Software as a service (SaaS) platform for creating white-label charts and market commentary for financial advisors. Users may use the services solely for their professional advisory practice and not for any unauthorized commercial purpose. The services are provided exclusively for professional advisory use. Any use beyond such scope is strictly prohibited, and Exhibit A shall not be liable for any consequences arising from such unauthorized use.
    Users may not modify, reverse engineer, or attempt to extract raw data from any visual representations. The services are intended only for financial advisory use and not for any competitive intelligence, benchmarking, or product development.
    Users acknowledge that Exhibit A does not provide investment, legal, or tax advice. The platform is intended for informational and illustrative purposes only. Users are solely responsible for ensuring that their use of the services complies with all applicable laws, regulations, and industry standards.
  3. Subscription Plans and Fees: Exhibit A operates on a subscription-based model with monthly and annual payment plans. Users agree to pay all applicable fees based on their chosen plan. Subscription fees are non-refundable, except as required by law.
    By subscribing, users authorize Exhibit A to charge their payment method on a recurring basis until they cancel their subscription. Users must cancel their subscription before the next billing cycle to avoid additional charges.
    Exhibit A reserves the right to modify subscription fees with prior notice. Any price changes will take effect at the beginning of the next billing cycle.
  4. Data Provider Restrictions and Compliance: Exhibit A relies on third-party data providers, including FactSet Research Systems Inc. ("FactSet"), S&P Opco LLC, a subsidiary of S&P Dow Jones Indices LLC ("S&P Dow Jones Indices"), and the Federal Reserve Economic Data ("FRED"). Users acknowledge and agree to the following restrictions and permitted uses:
    Permitted Use for Client (who is a “Client”?) Communications:
    Users may redistribute visual charts created through the platform to their own clients as part of their advisory business, including in email newsletters, client reports, and presentations, provided the charts remain unmodified and include the required attribution as specified below.
    • Users may redistribute general disclosures pertaining to chart content. However, Exhibit A is not responsible for User's disclosure requirements pursuant to the relevant securities rules and regulations. It is the User's responsibility to ensure adequate compliance with securities rules and regulations.
    • Users may not share or provide access to raw underlying data (e.g., numerical data points, CSV exports) from FactSet, S&P Dow Jones Indices, or other providers.
    • Charts may only be shared in static formats (e.g., PNG, JPEG, or PDF) and must not be embedded in interactive applications or websites that allow users to manipulate data.
    • No direct redistribution of raw data - Users may not extract, store, redistribute, resell, sublicense, modify, or transfer numerical datasets from FactSet, S&P Dow Jones Indices, or other providers.
    • No financial product creation - Users may not create, market, or trade financial products based on FactSet or S&P Dow Jones Indices data without a separate license agreement with the respective data provider.
    • Attribution requirement - Users must provide proper attribution when sharing visualizations generated from licensed data, including any required copyright notices specified by FactSet and S&P Dow Jones Indices.
    • Subscription-based access - Charts and other materials may only be accessed and used while an active subscription is maintained. Users may not retain or use charts after canceling their subscription.
    • No use in automated trading - Users may not use FactSet or S&P Dow Jones Indices data in any automated trading, algorithmic investment strategies, or portfolio rebalancing tools.
  5. Enforcement and Compliance: Exhibit A reserves the right to monitor usage and immediately terminate access for violations of these restrictions. Users found to be redistributing raw data or otherwise violating provider agreements may be subject to further legal action.
  6. Security and Account Responsibility: Users are responsible for maintaining the confidentiality of their account credentials and all activities occurring under their account. Any unauthorized use must be reported immediately. Exhibit A is not liable for any loss resulting from a failure to secure account information.
    Users must take reasonable measures to prevent unauthorized access to their accounts, including using strong passwords and enabling multi-factor authentication where applicable. Exhibit A reserves the right to disable or lock accounts that exhibit suspicious activity.
  7. Termination of Access: Exhibit A may terminate or suspend access at any time without prior notice if a user violates these Terms. Termination results in immediate revocation of all rights to use the services, and no refund of subscription fees will be provided. Exhibit A may delete all content and data associated with the terminated account.
    Users who engage in misconduct, fraudulent activities, or violations of intellectual property rights may be subject to further legal action.
  8. Indemnification: Users agree to indemnify, defend, and hold harmless Exhibit A, its affiliates, officers, directors, employees, agents, and third-party data providers from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (i) any breach of these Terms by the User; (ii) the User’s use or misuse of the services; or (iii) any violation of any law or the rights of a third party. This indemnification obligation shall survive the termination of these Terms.
    Users also agree to indemnify Exhibit A against any claims related to the unauthorized sharing, reproduction, or misrepresentation of visual content generated through the services.
  9. Intellectual Property Rights: All content, software, and materials provided through Exhibit A remain the intellectual property of Exhibit A or its licensors. Users receive a limited, non-transferable, revocable license to access and use the services for their personal or professional advisory needs.
    Users may not reproduce, modify, distribute, or create derivative works from Exhibit A’s content or third-party licensed data without explicit permission. Any unauthorized use constitutes a material breach of these Terms and may result in legal action.
  10. Disclaimer of Warranties: The services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including without limitation any warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy. Exhibit A, its affiliates, data providers, and licensors expressly disclaim any warranties arising out of or in connection with the use or inability to use our services. Users assume all risks associated with the use of our services, including but not limited to reliance on any information, data, or content provided.
    FactSet and S&P Dow Jones Indices disclaim all warranties, express or implied, regarding the data provided. Exhibit A, its data providers, and affiliates are not liable for any inaccuracies, errors, or omissions in the data or its interpretations.
  11. Limitation of Liability To the fullest extent permitted by applicable law, Exhibit A, its affiliates, and its licensors shall not be liable for any indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of profits, data, or revenue, even if advised of the possibility of such damages. In no event shall the aggregate liability of Exhibit A for any claim arising out of or relating to these Terms or the use of the services exceed the total amount paid by the user in the three (3) months preceding the claim unless such limitation is restricted by law.
    Users acknowledge that Exhibit A is not responsible for investment decisions made based on visualizations or commentary generated through the platform.
  12. Electronic Notices and Communications: Users consent to receive electronic communications from Exhibit A. Notices provided electronically are deemed received 24 hours after they are sent.
    Users must ensure their contact information is up to date to receive important service updates and legal notices.
  13. Changes to Terms: Exhibit A reserves the right to modify these Terms at any time. Changes take effect immediately upon posting on our website. Users are responsible for reviewing these Terms periodically. Continued use of the services after modifications to the Terms constitutes acceptance of the updated Terms.
  14. Force Majeure. Exhibit A shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, government regulations, or natural disasters.
  15. Entire Agreement and Severability: These Terms constitute the entire agreement between the user and Exhibit A regarding the use of the services. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  16. Governing Law and Dispute Resolution: These Terms are governed by the laws of the State of New York. Any disputes shall be resolved in the courts of New York City, New York.
    Users agree to resolve disputes through arbitration before resorting to litigation, unless otherwise required by law.
  17. Contact Information For any questions regarding these Terms, contact us at:

Payment and Fees

Our services may include one-time purchases or automatically renewing subscription-based services ("Paid Services"). We reserve the right to change, suspend, or discontinue Paid Services at any time for any reason and to determine which Services or portions thereof require payment.

By subscribing to or purchasing Paid Services, you agree to:

  • Pay all applicable fees, including, but not limited to, subscription fees, user fees, and any other charges incurred through your use of our services.
  • Pay all applicable taxes associated with your purchase.
  • Authorize us or our third-party payment processor to charge your designated payment method for the total amount due.
  • Maintain a valid payment method on file. If a payment method cannot be verified, is invalid, or is otherwise unacceptable, we may suspend or cancel your access to Paid Services until the issue is resolved.