1. Acceptance of These Terms
These Terms & Conditions (“Terms”) govern your access to and use of the websites, mobile applications, and related products and services made available by Habits, Inc. (“Habits,” “we,” “us,” or “our”) (collectively, the “Platform”).
By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not access or use the Platform.
You must be at least 18 years old and capable of forming a binding contract to use the Platform.
2. Habits' Role
Habits operates a technology platform that helps consumers discover, evaluate, and connect with independent financial advisors and advisory firms.
Habits is not:
- an investment adviser, broker-dealer, or insurance producer;
- a fiduciary to you solely by virtue of your use of the Platform;
- a provider of investment, legal, tax, accounting, or other professional advice;
- a custodian, asset manager, or execution platform.
Habits does not manage assets, execute transactions, or provide securities brokerage services.
Any content made available on or through the Platform is for general informational purposes only and is not personalized advice or a recommendation to hire, retain, or engage any particular advisor, firm, product, or strategy.
3. Scope and Applicability
These Terms apply to all users of the Platform, including individuals who browse the Platform, submit inquiries, create accounts, complete intake forms, verify identity, link accounts, or request introductions to advisors.
If you are an advisor, advisory firm, enterprise partner, or other commercial user and you have entered into a separate written agreement with Habits, that separate agreement governs to the extent of any conflict with these Terms with respect to the services covered by that agreement.
4. Platform Services
The Platform may allow users to:
- search for, view, and compare advisor profiles;
- complete intake forms and provide financial or personal context;
- request introductions to one or more advisors or advisory firms;
- create an account and complete identity verification;
- link financial accounts through third-party integrations;
- book meetings or be routed to advisor or enterprise partner workflows.
Habits may use information provided by users, advisors, or third-party service providers to facilitate matching, routing, filtering, display, scheduling, and introductions. Any such matching, routing, filtering, display, or introduction is informational and operational in nature only and does not constitute investment advice, a recommendation, an endorsement, or a representation that any advisor is appropriate, superior, or best for you.
5. Sharing and Routing Authorization
If you submit an inquiry, complete an intake form, request an introduction, book a meeting, or otherwise use a feature intended to connect you with an advisor or firm, you authorize Habits to use and share the information you provide with one or more advisors, advisory firms, enterprise partners, service providers, or other counterparties as reasonably necessary to operate the Platform, facilitate introductions, process your request, support verification, schedule meetings, and provide related services, in each case subject to our Privacy Policy.
You acknowledge that advisors and firms who receive your information may contact you directly.
6. Advisor Independence
Advisors, advisory firms, and other financial professionals available through the Platform are independent third parties and are not employees, agents, representatives, joint venturers, or partners of Habits.
Each advisor or firm is solely responsible for:
- its services, advice, recommendations, and communications;
- compliance with laws and regulations applicable to its business;
- the accuracy and completeness of its profile, disclosures, and other materials;
- required regulatory filings, books and records, supervision, advertising, and disclosure practices.
Habits may collect, review, or display certain information about advisors or firms, but Habits does not guarantee any advisor’s licensing status, registration status, disciplinary history, availability, quality of services, regulatory compliance, or suitability for any user.
7. Compensation and Commercial Arrangements
Habits may receive compensation from advisors, advisory firms, enterprise partners, or other commercial counterparties in connection with use of the Platform, including for subscription access, technology services, enterprise services, profile visibility, placement, introductions, lead delivery, or related commercial arrangements.
As a result, certain advisors, firms, or partner experiences may receive enhanced visibility, differentiated placement, preferred routing, or other commercial treatment on the Platform. Such commercial arrangements may affect how advisors or firms are displayed, prioritized, or made available and are not necessarily based solely on objective quality or suitability factors.
Unless expressly stated otherwise in a separate written agreement, compensation paid to Habits is not based on investment performance or investment outcomes.
8. Identity Verification and Financial Account Linking
Habits does not guarantee:
- that you will be matched with or introduced to any advisor or firm;
- that any advisor or firm will accept, respond to, or engage with you;
- that any meeting will occur;
- that any advisory relationship will be established;
- any financial, investment, tax, legal, or commercial outcome.
Any decision to contact, retain, or work with an advisor or firm is made solely by you and the applicable advisor or firm.
9. Accounts, Credentials, and Security
Certain Platform features require account registration. You agree to provide accurate, current, and complete information and to keep such information updated.
You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. You must promptly notify Habits of any suspected unauthorized access to or use of your account.
Habits may suspend, restrict, or terminate access to the Platform or particular features at any time if we reasonably believe you have violated these Terms, created risk for Habits or others, or used the Platform in a fraudulent, abusive, or unlawful manner.
10. Identity Verification and Financial Account Linking
Habits may use third-party service providers to verify identity, detect fraud, support security, confirm eligibility, or assist with Platform operations.
The Platform may also allow you to link financial accounts or retrieve account information through third-party data connectivity providers. Such features are optional and user-initiated. Habits does not control third-party financial institutions, data sources, or connectivity providers and is not responsible for their availability, accuracy, acts, omissions, content, or security practices. Your use of such services may be subject to separate third-party terms and privacy policies.
11. User Content
You may submit or upload information, data, materials, messages, documents, profile content, reviews, feedback, or other content through the Platform (“User Content”).
You retain ownership of your User Content, subject to the rights you grant below. You grant Habits a non-exclusive, worldwide, royalty-free license to host, use, reproduce, transmit, display, and process your User Content solely as reasonably necessary to operate, provide, support, secure, maintain, improve, and administer the Platform and related services, and to comply with law.
If you are an advisor, firm, or enterprise user, you also grant Habits the right to display and use your name, logo, profile information, and related materials on the Platform and in Habits’ sales, marketing, and business development materials, unless otherwise agreed in writing.
You represent and warrant that you have all rights necessary to provide your User Content and that your User Content does not violate applicable law or third-party rights.
Habits does not endorse User Content and is not responsible for its accuracy or completeness.
12. Feedback
If you provide suggestions, feedback, feature requests, comments, or ideas relating to the Platform or Habits’ services, you grant Habits a perpetual, irrevocable, worldwide, royalty-free right to use and exploit such feedback for any lawful purpose without restriction or compensation to you.
13. Platform Ownership
The Platform, including its software, functionality, design, text, graphics, logos, trademarks, service marks, and other content made available by Habits, is owned by Habits or its licensors and is protected by intellectual property and other applicable laws.
Except for the limited right to access and use the Platform in accordance with these Terms, no rights are granted to you by implication, estoppel, or otherwise.
14. Prohibited Conduct
You agree not to:
- use the Platform in violation of law or regulation;
- misrepresent your identity, affiliation, or authority;
- submit false, misleading, or fraudulent information;
- scrape, harvest, or collect Platform data without authorization;
- interfere with the Platform’s operation, security, or integrity;
- attempt to gain unauthorized access to accounts, systems, or data;
- upload malicious code or harmful material;
- send spam, unsolicited communications, or unauthorized solicitations through the Platform;
- use the Platform to compete with, copy, or benchmark Habits without written permission.
15. Third-Party Services
The Platform may contain links to, integrations with, or functionality provided by third parties. Habits does not control and is not responsible for any third-party content, products, services, policies, or practices. Your dealings with third parties are solely between you and the applicable third party.
16. Electronic Communications
By using the Platform, creating an account, or providing contact information to Habits, you consent to receive electronic communications from Habits, including operational notices, disclosures, legally required notices, service announcements, and other communications related to your use of the Platform.
You agree that electronic communications satisfy any legal requirement that such communications be in writing.
17. Disclaimers
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HABITS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, OR AVAILABILITY.
WITHOUT LIMITING THE FOREGOING, HABITS DOES NOT WARRANT THAT:
- THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
- ANY DATA, CONTENT, OR INFORMATION WILL BE ACCURATE, COMPLETE, OR CURRENT;
- ANY ADVISOR, FIRM, OR INTRODUCTION WILL MEET YOUR EXPECTATIONS OR NEEDS;
- ANY DEFECTS WILL BE CORRECTED.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HABITS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE PLATFORM, THESE TERMS, OR YOUR INTERACTIONS WITH ANY ADVISOR, FIRM, USER, OR THIRD PARTY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HABITS’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU TO HABITS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
19. Idemnification
You agree to defend, indemnify, and hold harmless Habits and its affiliates, officers, directors, employees, contractors, and agents from and against any claims, demands, actions, proceedings, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
- your use of the Platform;
- your User Content;
- your violation of these Terms;
- your violation of law or the rights of any third party;
- your interactions or disputes with any advisor, firm, or other user.
If you are an advisor, advisory firm, or other commercial user of the Platform, you further agree to indemnify Habits for claims arising out of your services, advice, regulatory non-compliance, advertising practices, disclosures, communications, or client relationships.
20. Termination
Habits may suspend or terminate your access to all or part of the Platform at any time, with or without notice, for any lawful reason, including if we believe you have violated these Terms or created risk or exposure for Habits, users, advisors, or third parties.You may stop using the Platform at any time. Sections that by their nature should survive termination will survive, including Sections 2, 5, 6, 7, 8, 11 through 21.
21. Governing Law; Dispute Resolution
These Terms are governed by the laws of the State of Indiana, without regard to conflict-of-laws principles.
Before filing a claim, the parties agree to attempt in good faith to resolve any dispute informally by written notice describing the nature of the dispute and the requested relief. If the dispute is not resolved within thirty (30) days after notice, either party may initiate binding arbitration.
Except for claims eligible for small claims court and claims seeking injunctive or equitable relief relating to intellectual property, confidentiality, data security, or unauthorized access, any dispute arising out of or relating to these Terms or the Platform will be resolved by final and binding arbitration on an individual basis. Class actions, class arbitrations, representative actions, and jury trials are waived to the fullest extent permitted by law.
The arbitration will be administered by JAMS under its applicable commercial arbitration rules, and the arbitration will take place in Marion County, Indiana, unless the parties agree otherwise. Judgment on the award may be entered in any court of competent jurisdiction.
22. Changes to These Terms
We may modify these Terms from time to time. Updated Terms will be posted on the Platform with a revised “Last Updated” date. If we make material changes, we may provide additional notice where required or appropriate. Your continued use of the Platform after updated Terms become effective constitutes acceptance of the revised Terms.