Terms of Service

Agreement

Your use of Bitsy Advisor®, services and websites (referred to collectively as the “Service” in this document) is subject to these Terms of Use (collectively referred to as the “Terms”). This agreement is between you and BA Platform Holdings, LLC creator and licensed product user of Bitsy Advisor®, (hereinafter referred to as “Bitsy Advisor®”). Our principal place of business is at 800 S. Gay St., STE 1100, ATTN: Bitsy Advisor, Knoxville, Tennessee 37929 in the United States.

Acceptance

You agree to and accept these terms by acknowledging and consenting to the terms included in this disclaimer. You may not use the Service or accept the Terms if (a) you are not an active subscriber (b) you are not of legal age to form a binding contract with Bitsy Advisor®, or (c) you are a person barred from using the Service under any applicable laws or regulations. If you are an active user, you are prohibited from sharing the product(s) you receive with any other person beside yourself. Failure to fully comply with all terms herein will result in legal action, to the fullest extent of the law.

Compliance

Bitsy Advisor® is a licensed entity belonging to BA Platform Holdings, LLC which is in legal compliance with the state(s) in which it effects business as a software provider to Registered Investment Advisory firm(s). You acknowledge that BA Platform Holdings, LLC its employees and its agents are NOT financial advisors and/or financial planners that handle the dissemination of investment advice, and can not, through the Service, advise you. You also acknowledge that Bitsy Advisor®, its employees and its agents may have NO FIDUCIARY RELATIONSHIP with you, as we are not in the business of effecting investment advice.

To the maximum extent permitted by law, Bitsy Advisor® disclaims any and all liability in the event that any content or data contained in the Service is inaccurate, unreliable, incomplete, and/or results in any monetary loss of any kind. Nothing in the Service should be construed as an offer to buy, an offer to sell, or a recommendation for or against any security by Bitsy Advisor® or any third party.

Copyright

The Service is protected by copyright, trade secret and trademark laws. Portions of the Service contain information and data from third party providers, subject to their own copyright and trademark provisions.

Neither Bitsy Advisor® nor its content providers are responsible for any damages or losses arising from any improper use of this service. Certain parts of the information provided in the Service is proprietary to Bitsy Advisor® and/or its content providers; may not be copied or distributed, and is not warranted to be accurate, complete or timely.

License

Bitsy Advisor® does not give you permission to transmit client information contained within the Service to other individuals on social media (all forms), in your sphere of influence, or any other form of communication that is not authorized to receive such Service. You agree not to modify, copy, create a derivative work of or otherwise attempt to recreate the Service or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Bitsy Advisor®, in writing.

Use of This Service

You acknowledge that each subscription to the Service is designed, intended and licensed for use by a single named user only. You agree not to share access to and/or advice from the Service with any other individuals or entities, except where expressly permitted by Bitsy Advisor®. You agree that you are solely responsible for the activities that occur under your subscription to the Service.

You agree to provide accurate and correct information about your identity, your address, and your payment information. You agree to use the Service only for purposes that are permitted by (a) the Terms, and (b) any applicable laws or regulations.

You agree not to access any of the Service by any means other than that provided by Bitsy Advisor®, except where expressly permitted by a separate agreement with Bitsy Advisor®. You agree not to engage in any activity that interferes with or disrupts the Service, or the servers and networks connected to the Service. You specifically agree not to use automated means (including the use of scripts or web crawlers) to access the Service.

Unless specifically permitted in a separate agreement with Bitsy Advisor®, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose.

Due to third party agreements with certain providers of data to the Service, the results and outputs from the Service, including but not limited to its reports, code and any other private material, may not be used in informational dissemination to the public, mass communications or advertisements, in any form or fashion.

Billing Policy

You are welcome to request cancellation of the Service at any time, knowing that you will not receive a refund in any form for such services. If you want to cancel your subscription, you may do so by written notification to Bitsy Advisor® via electronic mail to the address mentioned above. Cancellation is deemed effective when you receive an acknowledgement from a Bitsy Advisor® employee that your message has been received.

If another individual is paying for your account, and that individual ceases payment of your subscription, for whatever reason, it is your responsibility to notify Bitsy Advisor® using the process described herein, that they are no longer to be financially responsible for your account. If you choose to make such a notification, you also agree to provide updated contact and payment information, so Bitsy Advisor® can attempt to transfer financial responsibility for the account to you or a different individual claiming the aforementioned responsibilities.

Exclusion of Warranties

NOTHING IN THESE TERMS, INCLUDING THE “EXCLUSION OF WARRANTIES” AND “LIMITATION OF LIABILITY” SECTIONS, SHALL EXCLUDE OR LIMIT BITSY ADVISOR’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, BITSY ADVISOR®, ITS SUBSIDIARIES AND AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (a) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (b) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, or (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BITSY ADVISOR® OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. BITSY ADVISOR® FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability

SUBJECT TO THE OVERALL PROVISIONS IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BITSY ADVISOR®, ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU FOR:

ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), OR OTHER INTANGIBLE LOSS;

ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF YOUR OR BA PLATFORM HOLDING’S ACTIONS;

ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVICE;

ANY CHANGES WHICH BITSY ADVISOR® MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY ASPECTS WITHIN THE SERVICE);

THE FAILURE TO STORE, DELETION OF, OR CORRUPTION OF ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE;

YOUR FAILURE TO PROVIDE BITSY ADVISOR® WITH ACCURATE ACCOUNT INFORMATION; ALL OF THE LIMITATIONS ON BA PLATFORM HOLDING’S AND IT’S PRODUCT, BITSY ADVISOR®, LIABILITY TO YOU SHALL APPLY WHETHER OR NOT BITSY ADVISOR® HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Changes to the Terms

Bitsy Advisor®, through the Service, may make changes to the Terms at any time. When these changes are made, Bitsy Advisor®, through the Service, will make a new copy of the terms available on its website. You understand and agree that if you use the Service after the date on which the Terms have changed, Bitsy Advisor®, through the Service, will treat your use as acceptance of the updated Terms.

General Legal Terms

The Terms constitute the whole legal agreement between you and BA Platform Holdings, LLC and govern your use of the Service (with the exception of any explicitly written and executed side agreements between you and BA Platform Holdings, LLC), and completely replace any prior agreements between you and BA Platform Holdings, LLC in relation to the Service.

You agree that if Bitsy Advisor® does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Bitsy Advisor® has the benefit of under any applicable law), this will not be taken to be a formal waiver of BA Platform Holdings, LLC’s rights and that those rights or remedies will still be available to BA Platform Holdings, LLC.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

The Parties hereto waive trial by jury in any court in any suit, action or proceeding on any matter arising in connection with or in any way related to the transactions of which this agreement is a part of the enforcement hereof, except where such waiver is prohibited by law or deemed by a court of law to be against public policy. The parties hereto acknowledge that each makes this waiver knowingly, willingly and voluntarily and without duress, and only after extensive consideration of the ramifications of this waiver with their attorneys.

The parties hereto waive any right to assert any claims against the other party as a representative or member in any class or representative action, except where such waiver is prohibited by law against public policy. To the extent either party is permitted by law or court of law to proceed with a class or representative action against the other, the parties hereby agree that: (1) the prevailing party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action (not withstanding any other provision in this agreement); and (2) the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.

The Terms, and your relationship with BA Platform Holdings, LLC under the Terms, shall be governed by the laws of the State of TN and any other state BA Platform Holdings, LLC has an active registration with, without regard to its conflict of laws provisions. You and BA Platform Holdings, LLC agree to submit to the exclusive jurisdiction of the courts located within the County of the specific state from which the Service was directed to and/or directed from, United States of America to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that BA Platform Holdings, LLC shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

BA Platform Holdings, LLC, 800 S. Gay St., STE 1100, ATTN: Bitsy Advisor, Knoxville, TN 37929

[email protected]

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Compliance Checklist

Disclosure Delivery. Proof of Delivery.

You can deliver disclosures at any time during the client acquisition process.  Disclosure documents can attach to any questionnaire you build, be sent with contracts or automatically upload to your client's dashboard, for example.  This is completely your preference.

Proof of delivery happens within an admin's and an advisor's dashboard, with a timestamp of delivery for compliance adherance.

Platform Updates and Enrollment Audit Line Items.

You get world-class RIA attorneys continually keeping you up-to-date and in-line with your state and national compliance regualtions.  You can even get discounted access to their time, should you need it.

Bitsy automatically tracks and timestamps client enrollment steps to ensure you have what you need during audit.  You can easily download and send as littls as 1 client contract to your auditor, or mass download all client contracts and email via zip file to said auditor.  It's quick and easy.

Client Information and Record Retention Requirements.

Our compliance staff keeps us (and you) up to date on such requirements, and removal can only happen upon request to our support staff so that advisors can not remove manually. 

If you should discontinue your membership with Bitsy, we make it easy for you to transfer all of your client records and documents.  However, you only get 30 days to do so before we email all such records and automatically close your account.

We are NOT going to hold all of your electronic records for 5 years.

GDPR Compliance

Individual Data

Lawful, fair and transparent data processing in relation to individuals:

Bitsy’s onboarding module only collects data required by law to enroll new clients.

Data Collection

Specified, explicit and legitimate purpose for data collection:

Bitsy’s onboarding and other custom modules clearly identify required data from prospets and clients.

We also make it easy to completely purge data from Bitsy, simply reach out and we’ll do it fo you IF you meet guidelines for legal disposal AND you are an approved compliance officer/firm admin with express permission to complete such request.

Relevant Data

Relevant data, limited to only what is necessary in relation to it’s purpose:

Bitsy’s onboarding module ONLY collects relevant information to execute a compliant client enrollment.  We allow your prospects and clients to electronically sign enrollment documents, proving consent for data collected.

Personal Data Retention

Personal data should be kept for no longer than is necessary for proper subject identification:

You will be eligible to remove all collected data in regards to one or multiple client(s), when storing of such data becomes irrelevant.  Bitsy also creates a trail of all changes made by or on behalf of prospects and clients, for your security.

Again, you MUST be an approved person listed in the "Data Collection" tab to be eligible for data removal requests. 

Please also refer to the "Client Information and Record Retention Requirements" tab held within the "Compliance Checklist" section for an explanation of how we safeguard client information, and our safe removal protocols held therein.

Data Accuracy

Personal data should be accurate and up to date, where necessary:

Clients agree within Bitsy’s modules to provide you with clear and accurate data.  It is their responsibility to abstain from delivering false information.

Data Security

Personal data should be processed securely; furthermore, in a manner that is appropriate to the sensitivity of such data.

Bitsy provides a high level of data encryption to all members, ensuring that all customer information is perpetually stored in a secured database. 

We utilize state-of-the-art hacker prevention protocol to prevent access to our network.  We continually update our anti-virus and malware prevention systems to keep you, your prospects and your clients safe.

Payments

Every transaction between an advisor/advisory firm and Bitsy is secure. We only accept payments through the following methods:

Check or Wire

Security

Bitsy Network

Systems

Rest easy knowing Bitsy operates from a 'security first' mindset.

Data

Credible, third-party vendors ensure high data security.  We outsource this function to the best providers who make it their business to keep you and your clientele safe.

Property

Regular cyber risk assessments protect you at all times.

Learn more →

Security

Disaster Recovery

Our plan is built to prevent, detect and correct to ensure you and your clientele have the best experience possible.

Security

Incident Response

       Annual testing of this plan

       Response within 1 hour

       Continual training in protocol

       24/7 file-integrity monitoring

       Perpetual plan updates

Insurance

If you’d like to see a copy of our insurance coverages that keep us, you and your clients safe, please submit a written request to:

Website: https://bitsyadvisor.com

Email: [email protected] with the subject line of "Coverage Request"

Address:  800 S. Gay St., STE 1100 ATTN: Bitsy Advisor, Knoxville, TN 37929

ISO 27001:2013

DocuSign is ISO 27001:2013 certified. This is the highest level of global information security assurance available today, and provides customers assurance that DocuSign meets stringent international standards on security.

SOC I & II, Type II

As a SOC 1 and SOC 2-certified organization, DocuSign complies with the reporting requirements stipulated by the American Institute of Certified Public Accountants (AICPA). We undergo yearly audits across all aspects of our production operations, including our datacenters, and have sustained and surpassed all requirements.

ISO 27001:2013

DocuSign adheres to the requirements of the Cloud Security Alliance (CSA) Security Trust Assurance and Risk (STAR) program. The CSA STAR comprises key principles of transparency, rigorous auditing, and harmonization of standards. Our Consensus Assessments Initiative Questionnaire (CAIQ) documents the rigor and strength of DocuSign’s security posture and best practices and is publicly accessible for viewing and download from the CSA STAR registry.

SOC III & ISO Certifications

All Firebase services (aside from App Distribution and Crashlytics) have successfully completed the ISO 27001 and SOC 1, SOC 2, and SOC 3 evaluation process, and some have also completed the ISO 27017 and ISO 27018 certification process.

       ISO 27001

       ISO 27017

       ISO 27018

       SOC I

       SOC II

       SOC III

Critical Functions

Bitsy perpetually agrees to maintain a high level of successful operation of it's services.  Regardless of what external forces may threaten the integrity of our system.

Should there be any level of disruption to our service(s), Bitsy proactively implements a solution before acquiring new customers.

Dependencies

Bitsy acknowledges that it's members rely on our system for compliant client acquisition.  We agree to continually maintain and upgrade the integrity of our system to ensure our members get more (where possible) in value, than what they pay for.

Downtime

Where possible, Bitsy agrees to proactively acknowledge possible and current threats and complications to it's system and to put aside all other activity to amend such faults, as quickly as possible.  We also agree to keep all members regularly apprised of ongoing circumstances, how they might be affected and what we're doing to amend any complications.  This communication will happen at least once every 24 hours.

Maintenance

Bitsy prides itself in being reliable; thus, we commit to regularly (at least 2 - 4 times annually) check the integrity of our system, tools and support capabilities to ensure our members experience little to no interruption in service.