Terms of Service
1. Acceptance of these Terms
By accessing or using the KYP Manager platform and client portal (the "Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you use the Service on behalf of an investment advisory firm (a "Firm"), you represent that you are authorized to bind that Firm to these Terms. If you do not agree, do not use the Service.
2. The Service
KYP Manager provides Firms with a practice and compliance recordkeeping platform and a secure client portal. We may add, change or discontinue features of the Service from time to time. KYP Manager is not a dealer, adviser or custodian and does not hold client assets.
3. Accounts and access
Access to the Service is provided to Firms by subscription. A Firm's administrators manage its users and its clients' portal access. You are responsible for safeguarding your credentials and authentication devices and for all activity that occurs under your account, and you must notify your Firm promptly of any unauthorized use. Multi-factor authentication is required for every account.
4. Acceptable use
You agree not to, and not to permit anyone else to:
- use the Service for any unlawful purpose or in breach of any applicable law or regulation;
- enter or upload information you do not have the right to enter or upload;
- attempt to gain unauthorized access to the Service, other accounts, or the systems it runs on;
- interfere with or disrupt the Service, or circumvent any security or access control;
- copy, modify, reverse engineer or create derivative works of the Service, or scrape or harvest data from it;
- upload malicious code or use the Service to transmit unsolicited communications.
5. Firm responsibilities
Firms are responsible for the accuracy and lawfulness of the records they enter into the Service, for obtaining any consents required from their clients, for verifying imported, extracted or suggested information before relying on it, and for their own regulatory, supervisory and recordkeeping obligations. The Service supports those obligations; it does not assume them. Information a client adds or updates in their own portal is theirs to keep accurate.
6. Not investment advice
The Service is a recordkeeping and research tool for investment professionals. Nothing in the Service constitutes investment, financial, tax or legal advice, or a recommendation to any person, and nothing replaces a registrant's own suitability determination. Projections, analytics, scores and illustrations are models built from the information entered and the assumptions stated with them; they are not forecasts or guarantees. Fund and market data are supplied by third-party sources and should be verified against official documents before being relied upon.
7. Data and content
As between you and KYP Manager, Firms own the records they enter and clients own their personal information. You grant us the rights necessary to host, process and display that content in order to provide the Service. Our handling of personal information is described in the Privacy Policy. On termination, a Firm may request a copy of its records, after which we delete them subject to legal retention requirements.
8. Intellectual property
The Service, including its software, design, text and other content (excluding content entered by Firms and their clients), is owned by KYP Manager and its licensors and is protected by intellectual-property laws. Subject to these Terms, we grant Firms a limited, non-exclusive, non-transferable right to use the Service for their internal business purposes. No other rights are granted.
9. Third-party services
The Service relies on third-party providers for hosting, email delivery, market data and optional integrations that a Firm may choose to enable. We do not control those services and are not responsible for their availability, accuracy or conduct.
10. Disclaimers
The Service is provided "as is" and "as available", on a commercially reasonable-efforts basis, without warranties of any kind, whether express or implied, including any warranty of merchantability, fitness for a particular purpose, accuracy or uninterrupted, error-free operation.
11. Limitation of liability
To the maximum extent permitted by law, KYP Manager will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or in connection with the Service, and our total liability for all claims will not exceed the fees paid for the Service in the twelve months preceding the claim. Nothing in these Terms limits liability that cannot lawfully be limited.
12. Indemnity
You agree to indemnify and hold harmless KYP Manager from claims, losses and expenses arising from your use of the Service in breach of these Terms or applicable law, or from content you enter into the Service.
13. Suspension and termination
We may suspend or terminate access to the Service for breach of these Terms, non-payment, a security risk, or where required by law. Firms may end their subscription in accordance with their agreement with us. Sections that by their nature should survive termination will survive.
14. Governing law
These Terms are governed by the laws of Canada and of the province in which the platform operator has its principal place of business, without regard to conflict-of-law principles.
15. Changes to these Terms
We may update these Terms from time to time. We will post the updated Terms on this page and revise the date above, and we will notify Firms of material changes in advance. Continued use of the Service after the effective date constitutes acceptance.
16. Contact
Questions about these Terms should be directed to your Firm, which can reach the platform operator on your behalf.