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Terms of Use






Voyant Terms of Use

Last Revised: June 26, 2020


PLEASE READ CAREFULLY: THESE TERMS OF USE ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN THE ENTITY ON WHOSE BEHALF YOU ARE ACTING ("ADVISER"), AND VOYANT, INCORPORATED, A DELAWARE CORPORATION ("VOYANT", COLLECTIVELY WITH ADVISER, THE "PARTIES", AND EACH, A "PARTY"). THESE TERMS OF USE ONLY APPLY TO FINANCIAL ADVISERS. IF YOU ARE AN INDIVIDUAL USER, THE TERMS OF SERVICE FOR USERS APPLY INSTEAD.

IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS.

BY USING VOYANT ADVISER (THE "SERVICE"), ADVISER AGREES TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") AND REPRESENTS AND WARRANTS THAT IT CAN LEGALLY ENTER INTO THIS AGREEMENT AND SATISFY ALL OF THE REQUIREMENTS CONTAINED HEREIN. IF ADVISER DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, IT MAY NOT USE THE SERVICE.

ARTICLE 1

BACKGROUND

Voyant provides web-based financial planning products and services, including the Service. Adviser desires to obtain access to the Service, pursuant to the terms and conditions of this Agreement. Our Security Policy, Cookies Policy, and Privacy Policy are incorporated into and form part of this Agreement.

ARTICLE 2

ADVISER ADMINISTRATOR

Adviser shall designate one contact and one alternate as the responsible party for communication with Voyant during the term of this agreement ("Voyant Administrator"). The Voyant Administrator shall have the authority to bind the Adviser, including without limitation by agreeing to updates to this Agreement and Adviser warrants that its Voyant Administrator has all requisite authority to do so. It is Adviser's obligation to ensure that its Voyant Administrator reads and understands such updates. Adviser shall act hereunder through the Voyant Administrator, except that another duly authorised representative of Adviser may change the Voyant Administrator by giving written notice to Voyant in accordance with the terms hereof.

ARTICLE 3

AUTHORISED USER ACCOUNTS

ARTICLE 4

ADVISER ASSISTANCE

Adviser shall provide Voyant with all information and assistance reasonably required for Voyant to activate and operate the Service and provide it to Adviser pursuant to this Agreement. Adviser grants Voyant all rights or licenses necessary for Voyant to use such information in connection with the provision of the Service. Adviser warrants that it has provided complete and accurate billing and contact information in connection with the establishment of Adviser's account for the Service, and Adviser agrees to notify Voyant of any changes to such information. When establishing an account for an Authorised User, Adviser shall provide complete and accurate registration information for each Authorised User.

ARTICLE 5

PRIVACY & SECURITY; SERVICE AVAILABILITY

ARTICLE 6

LICENCE GRANT

Subject to the terms and conditions of this Agreement including without limitation the restrictions set forth below, Voyant hereby grants Adviser a non-exclusive, non-transferable right to use the Service, solely for Adviser's own internal business purposes (including for the purpose of providing financial advice to individual clients of Adviser). All rights not expressly granted to Adviser are reserved by Voyant and its licensors.

ARTICLE 7

CONDUCT AND RESTRICTIONS

ARTICLE 8

ADVISER RESPONSIBILITIES

ARTICLE 9

CHARGES AND PAYMENT OF FEES

ARTICLE 10

NON-PAYMENT AND SUSPENSION

ARTICLE 11

INTELLECTUAL PROPERTY OWNERSHIP

ARTICLE 12

CONTENT, ACCOUNT INFORMATION AND DATA

ARTICLE 13

THIRD-PARTY INTERACTIONS

ARTICLE 14

TERMINATION

ARTICLE 15

REPRESENTATIONS AND WARRANTIES

ARTICLE 16

INDEMNIFICATION AND RELEASE

ARTICLE 17

LIMITATION OF LIABILITY

ARTICLE 18

CONFIDENTIALITY

Adviser acknowledges that the Service and any other proprietary or confidential information (such as pricing) provided to Adviser or any Authorised User by Voyant ("Voyant Confidential Information") constitutes valuable proprietary information and trade secrets of Voyant. Adviser agrees to preserve the confidential nature of the Voyant Confidential Information by retaining and using it in trust and confidence, solely for Adviser's internal use and subject to the terms hereof, and by using the same degree of protection that Adviser uses to protect Adviser's own confidential information, but in no event less than reasonable care. Voyant shall have the right to seek an injunction (without having to post any bond or undertaking in damages or prove actual damages) to prevent any breach or continued breach of this section. Adviser agrees to promptly report any breaches of this section to Voyant.

ARTICLE 19

WARRANTIES

ARTICLE 20

INTERNET DELAYS AND FORCE MAJEURE

ARTICLE 21

LOCAL LAWS AND EXPORT CONTROL

ARTICLE 22

NOTICE

Voyant may give notice by means of a general notice on the Service via electronic mail to Adviser's email address on record in Voyant's account information, or by written communication sent by first class mail or pre-paid post to Adviser's address on record in Voyant's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). Adviser may give notice to Voyant (such notice shall be deemed given when received by Voyant) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Voyant at the following addresses: Voyant, Inc. 7300 Ranch Road 2222, Building 5 Suite 200 Austin TX 78730 addressed to the attention of: Chief Financial Officer.

ARTICLE 23

MODIFICATION TO TERMS

Voyant reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement and/or the applicable policy on the Service. While Voyant will make reasonable efforts to communicate changes by email, Adviser is responsible for regularly reviewing this page for the latest version of the Agreement. Continued use of the Service after any such changes shall constitute Adviser's consent to such changes and agreement to be bound, provided however that if Voyant imposes a fee for continued use of the Service, Adviser will be required to enter into a Click-to-Accept modification hereto and supply payment information in order to be bound by such modification and continue access to the Service.

ARTICLE 24

ASSIGNMENT

This Agreement may not be assigned by Adviser without the prior written approval of Voyant but may be assigned without Adviser's consent by Voyant. Any purported assignment in violation of this section shall be void. This Agreement will be binding upon and enure to the benefit of the parties and their permitted assigns.

ARTICLE 25

GENERAL

Questions or Additional Information

If Adviser has questions regarding this Agreement or wishes to obtain additional information, please send an email to or a notice to the address set forth in the notice provisions hereof.