Advizmo Terms of Service
Please read these Terms of Service ("Terms") carefully before using the Advizmo mobile application (the "App"). These Terms govern your access to and use of the App provided by Advizmo ("we," "us," or "our"). By accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.
Description of the App
Advizmo is a personal finance mobile application that provides tools and features to help you manage your finances, track expenses, set budgets, and gain financial insights. The App may include additional services, content, or features provided by us or third parties. Use of such services, content, or features may be subject to additional terms and conditions.
Two Service Tiers
Advizmo offers two distinct services:
Platform Services: Non-advisory financial technology tools including cash flow analysis, expense tracking, and account monitoring. These services do not constitute investment advice.
Investment Advisory Services (Optional): SEC-registered investment advisory services for automated portfolio management. These services are governed by a separate Investment Advisory Agreement and our Form ADV Part 2A.
These Terms of Service govern your use of the App and Platform Services. If you elect to receive Investment Advisory Services, you will enter into a separate Investment Advisory Agreement.
Fees
Platform Subscription. The platform subscription ranges from $2.99 to $14.99 per month or $29.99 to $99.99 per year, depending on plan and promotion. The most common subscription is $3 per month. The platform subscription is waived once your auto-invest balance reaches $1,000. Additional plan details are described in Form ADV Part 2A.
Investment Advisory Fee. Advisory clients are charged an annual fee of 0.25 percent of assets under management, deducted quarterly in arrears, charged only on invested assets. The full advisory fee schedule, billing methodology, and any related conflicts are described in our Investment Advisory Agreement and Form ADV Part 2A, Item 5.
Combined Disclosure. Both the platform subscription and the advisory fee may apply if you elect Investment Advisory Services. Please review Form ADV Part 2A and the Investment Advisory Agreement before subscribing.
In-App Purchases and App Store Terms
If you subscribe to the platform through the Apple App Store, your subscription is processed by Apple under the Apple Media Services Terms and Conditions. Apple, not Advizmo, processes the payment and manages billing, renewals, and refunds for App Store subscriptions. You can manage or cancel your subscription at any time in your Apple ID account settings. Refund requests must be made through Apple, except where otherwise required by law.
Apple is not a party to these Terms or to your Investment Advisory Agreement. Apple is not responsible for the App, its content, or any investment advisory services provided by Advizmo.
Fee Changes
Advizmo may modify fees at any time. Material fee changes (including implementing commission charges on securities transactions) will be communicated at least 30 days in advance via email. Non-material changes (such as adjustments to expedited service fees) may be implemented with shorter notice. You may terminate services before any material fee increase takes effect.
Eligibility
The App is intended only for individuals who are at least 18 years old. By using the App, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. We do not knowingly collect personal information from anyone under the age of 18. If we learn that we have collected personal information from a person under 18, we will delete it promptly. If you believe we may have collected such information, please contact us at privacy@advizmo.com.
Account Registration
a. To access certain features of the App, you may need to create an account. You agree to provide accurate, complete, and up-to-date information during the registration process. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
b. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to suspend or terminate your account at any time for any reason, without liability.
Use of the App
a. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the App for personal, non-commercial purposes. You may not use the App for any other purpose without our prior written consent.
b. You agree not to engage in any of the following prohibited activities:
Violating any applicable laws, regulations, or third-party rights.
Modifying, adapting, translating, reverse-engineering, or creating derivative works of the App.
Attempting to gain unauthorized access to the App, user accounts, or computer systems.
Interfering with or disrupting the operation of the App or the servers or networks connected to it.
Using any automated means, such as bots, scripts, or spiders, to access or collect data from the App.
Transmitting or distributing viruses, malware, or any other harmful or disruptive code.
Impersonating any person or entity or falsely stating or misrepresenting your affiliation with a person or entity.
Engaging in any other activity that we determine, in our sole discretion, to be harmful, illegal, or in violation of these Terms.
c. We reserve the right to suspend or terminate your access to the App, in whole or in part, for any reason without prior notice or liability.
Limited Power of Attorney
By using the App account aggregation features, you authorize Advizmo to act as your agent for the limited purpose of accessing read-only financial account information (such as balances, transactions, holdings, and tax lot information) from financial institutions you connect through our aggregation partner, Plaid Inc. or, where applicable, Interactive Brokers LLC. This limited authorization does not permit Advizmo to initiate transactions, transfer funds, or trade securities through the aggregation feature. You understand that when we access and retrieve information from third-party sites, we are acting as your agent and not on behalf of the third party.
Any authority for Advizmo to manage investments, place trades, or move funds in your investment account is granted separately under your Investment Advisory Agreement and your Interactive Brokers LLC account agreements, not under these Terms.
Third-Party Services and Aggregators
The App may use third-party services such as Plaid Inc. to connect to your financial accounts. By using these services, you agree to their terms, including Plaid's End User Privacy Policy and Terms of Use. We do not endorse or assume any responsibility for third-party services. Your use of third-party websites, services, or content is at your own risk and subject to their respective terms and policies.
Intellectual Property
a. The App, including its content, features, and functionality, is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws. Except as expressly authorized by us, you may not copy, modify, distribute, sell, lease, or create derivative works of the App or any content within it.
b. Advizmo and our logo are trademarks of Advizmo. You may not use our trademarks without our prior written permission.
c. By using the App, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, prepare derivative works of, display, and perform your user-generated content solely for the purposes of providing and improving the App.
Privacy
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information in connection with the App.
Disclaimer of Warranties
a. THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b. WE MAKE NO WARRANTY THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION OBTAINED THROUGH THE APP.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Note: This limitation of liability applies to Platform Services only. Liability related to Investment Advisory Services is governed by the Investment Advisory Agreement and applicable securities laws.
Indemnification
You agree to indemnify, defend, and hold harmless Advizmo and its officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys fees) arising from (a) your breach of these Terms, (b) your violation of any applicable law or regulation, or (c) your violation of the rights of any third party, in each case in connection with your use of the App. This indemnification does not apply to claims arising from Advizmo own negligence or willful misconduct, or where prohibited by applicable law.
Note: This indemnification applies to Platform Services only. Indemnification related to Investment Advisory Services is governed by the Investment Advisory Agreement.
Modification and Termination
a. We reserve the right, in our sole discretion, to modify, suspend, or discontinue the App or any part thereof at any time without prior notice or liability.
b. We may modify these Terms from time to time. We will provide at least 30 days advance notice of any material changes by email and by in-App notification. Non-material changes (such as clarifications or formatting updates) will be effective upon posting within the App. Your continued use of the App after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to a material change, you may terminate your account before the change takes effect.
Governing Law and Dispute Resolution
a. These Terms and your use of the App shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.
b. Any disputes arising out of or relating to these Terms or your use of the App shall be exclusively resolved in the state or federal courts located in New York. You consent to the personal jurisdiction of such courts and waive any objection to the convenience or propriety of venue.
c. Nothing in these Terms is intended to, or shall be construed to, waive or limit any non-waivable right or remedy you may have under federal or state securities laws, including the Investment Advisers Act of 1940 and the rules of the Securities and Exchange Commission. This includes, without limitation, your right to bring claims under those laws in any forum permitted by law. To the extent any provision of these Terms would otherwise have such an effect, that provision shall be of no force or effect.
Entire Agreement
These Terms constitute the entire agreement between you and Advizmo regarding your use of the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether oral or written. Investment Advisory Services are governed by a separate Investment Advisory Agreement.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Contact Us
If you have any questions or concerns about these Terms, please contact us at support@advizmo.com.
By using the Advizmo App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.