1. Acceptance of These Terms
These Terms & Conditions (“Terms”) govern your access to and use of the websites, mobile applications, and related services operated 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, you may not access or use the Platform.
You must be at least 18 years of age to use the Platform.
2. Important Notices About Habits' Role
Habits operates a technology marketplace designed to facilitate discovery, evaluation, and connection between consumers and independent financial advisors.
Habits:
- Is not an investment adviser, broker-dealer, or fiduciary
- Does not provide financial, investment, tax, or legal advice
- Does not manage assets or supervise advisory relationships
- Does not recommend, endorse, or guarantee any advisor or advisory service
Any information provided on or through the Platform is for general informational purposes only. Users are solely responsible for evaluating advisors and deciding whether to engage their services.
3. Applicability or These Terms
These Terms apply to:
- Individuals browsing the Platform
- Users submitting inquiries or connection requests to advisors
- Registered consumer users of the Platform
- Advisors using the Platform unless a separate written agreement applies
If you have entered into a separate written agreement with Habits (such as an Enterprise Agreement, Order Form, Pilot Agreement, or Services Agreement), that agreement governs your relationship with Habits with respect to the services covered by that agreement. These Terms apply only to the extent they do not conflict with such agreement.
4. Platform Functionality
The Platform may allow users to:
- Search, filter, or view advisor profiles
- Submit inquiries or requests to connect with advisors
- Create an account and complete identity verification
- Aggregate financial account information (optional and user-initiated)
Any filtering, matching, or display of advisors is based on information provided by users or advisors and does not constitute a recommendation, ranking, or suitability determination.
5. Advisor Independence and Responsibility
Financial advisors using the Platform are independent third parties and are not employees, agents, partners, or representatives of Habits.
Advisors are solely responsible for:
- Their services, advice, and communications
- Compliance with applicable laws and regulations
- Accuracy and completeness of profile information
- Required disclosures under the Investment Advisers Act of 1940, including SEC Rule 206(4)-1 (the “Marketing Rule”)
Habits does not verify advisor compliance, credentials, licensing, or regulatory status and makes no representations regarding the quality or suitability of any advisor.
6. Marketing Rule and Compensation Disclosure
Some advisors or advisory firms may compensate Habits for:
- Platform access
- Visibility or profile placement
- Enterprise or technology services
Such compensation is not contingent on client conversion, investment outcomes, or advisory relationship success.
Depending on the specific arrangement, advisors may be required to provide disclosures under the SEC Marketing Rule. Advisors are solely responsible for determining their regulatory obligations and ensuring compliance.
Habits does not act as a placement agent, broker-dealer, or solicitor for securities transactions.
7. User Accounts and Security
Certain features of the Platform require account registration. You agree to provide accurate, current, and complete information and to keep your login credentials confidential.
You are responsible for all activity that occurs under your account. Habits reserves the right to suspend or terminate accounts for violations of these Terms or applicable law.
8. Identity Verification and Financial Account Linking
Habits may perform identity verification for registered users through third-party providers to support security, fraud prevention, and compliance.
Users may optionally link financial accounts through secure third-party integrations. Account aggregation is user-initiated and subject to third-party terms. Habits does not control third-party financial institutions or data sources.
9. User Content and Advisor Materials
Users and advisors may submit content to the Platform, including profile information, messages, and other materials (“User Content”).
By submitting User Content, you grant Habits a limited, non-exclusive, royalty-free license to use, display, host, and distribute such content solely for purposes of operating and promoting the Platform.
You represent that you have all necessary rights to submit User Content and that such content does not violate applicable law or third-party rights.
Habits does not endorse User Content and is not responsible for its accuracy.
10. Prohibited Users
You agree not to:
- Use the Platform for unlawful purposes
- Misrepresent your identity or affiliation
- Harvest or collect user data without authorization
- Attempt to access non-public systems or data
- Interfere with Platform security or operations
- Use the Platform to provide unauthorized solicitations or spam
Habits may suspend or terminate access for violations.
11. Third-Party Services and Links
The Platform may include links to or integrations with third-party services. Habits does not control and is not responsible for third-party content, services, or practices. Your use of third-party services is governed by their respective terms.
12. Disclaimers
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HABITS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Habits makes no warranties regarding advisor services, communications, or outcomes.
13. Limitation of Liability
To the maximum extent permitted by law, Habits and its officers, directors, employees, and affiliates will not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or relating to your use of the Platform.
Habits’ total aggregate liability shall not exceed the amounts paid by you to Habits, if any, during the twelve (12) months preceding the event giving rise to the claim.
14. Indemnification
You agree to indemnify and hold harmless Habits from claims arising out of:
- Your use of the Platform
- Your violation of these Terms
- Your User Content
- Your interactions with advisors or other users
Advisors additionally agree to indemnify Habits for claims arising from their failure to comply with applicable securities or marketing laws.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Indiana, without regard to conflict-of-law principles.
Any dispute arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration on an individual basis, except where prohibited by law.
16. Changes to These Terms
Habits may update these Terms from time to time. Continued use of the Platform after changes become effective constitutes acceptance of the revised Terms.
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