Last Updated: 20th March 2025
“Services” means the AdviseWell software-as-a-service platform and any associated applications, tools and websites provided by AdviseWell.
“Core functionality” means the primary workflow automation, compliance tooling and content generation features included in your paid subscription plan.
“Paid plan” means the subscription tier you select and pay for.
“AI-generated content” means any text, suggestions or other outputs produced by the Service’s AI models.
“Firm” means the financial advisory business that subscribes to the Service.
“User” means an individual authorised by the firm to access the Service under its account.
“Content” means all data, information and materials submitted through the Service.
You must be at least 18 years old and legally capable of entering into these Terms. You agree to use the Services solely for lawful purposes and in accordance with all applicable laws, regulations and industry obligations. The Services are designed exclusively for professionals in the financial advisory industry.
AdviseWell may enhance, modify, suspend or discontinue any aspect of the Services at its sole discretion at any time with or without notice, provided such changes do not materially degrade the core functionality of your paid plan.
You agree not to:
To use certain features of the Services, your firm must register an account and assign access credentials to authorised staff. Each user must be assigned a unique login and be an employee or contractor of the subscribing firm.
You are responsible for maintaining the confidentiality and integrity of your credentials and for all activity conducted through your account. You must promptly notify AdviseWell of any unauthorised access, breach or suspicious activity.
We reserve the right to suspend accounts suspected of being compromised or misused to maintain platform security.
Access to the Services requires an active paid subscription under a tiered pricing model. Fees, billing cycles, inclusions and terms are stated during sign-up and in your account portal.
Subscription charges are payable in advance and are non‑refundable except where required by law. Failure to make timely payments may result in suspension or termination of access.
AdviseWell may revise pricing or introduce new charges. If fees change, we will provide advance notice and such changes will take effect at the start of your next billing cycle.
Intellectual Property
All technology, models, interfaces, designs, documentation and content in the Services remain the exclusive property of AdviseWell or its licensors. Your subscription grants you a limited, non‑transferable, non‑exclusive licence to access and use the Services for your internal business use only.
You may not reproduce, distribute, reverse engineer, decompile or create derivative works from any part of the Services without prior written consent.
All data submitted through the Services remains owned by you. AdviseWell processes personal and financial data in accordance with its Privacy Policy and applicable Australian privacy laws.
You grant AdviseWell a limited licence to use, process and store your data solely to provide, maintain and improve the Services. AdviseWell employs industry‑standard security controls but cannot guarantee absolute security against unauthorised access.
You are responsible for ensuring you have the necessary authority and consents to input any third‑party data into the platform.
AdviseWell provides workflow automation, compliance tooling and content generation support. We do not provide financial product advice, legal guidance or regulatory determinations.
The responsibility to assess AI‑generated content, meet compliance obligations and ensure the appropriateness of client communications rests entirely with the user. You must exercise professional judgement when using the Services.
The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, AdviseWell disclaims all warranties and representations, express or implied, including any warranties of merchantability, fitness for a particular purpose, non‑infringement and that the Services will be uninterrupted, secure or error‑free. Your use of the Services is at your own risk.
Indemnities
You agree to indemnify and hold AdviseWell and its officers, directors, employees and agents harmless from and against any claims, damages, liabilities, losses and expenses (including reasonable legal fees) arising out of or relating to: (a) your misuse of the Services; (b) your violation of these Terms or any law; (c) any content or data you submit to the Services, including any infringement or misappropriation of intellectual property or privacy rights; and (d) any use of AI‑generated content or other outputs of the Services in your business.
Each party agrees to treat the other party’s confidential information as confidential and to not disclose it to any third party except as required to perform the Services or as permitted by law. Confidential information includes all non‑public information designated as confidential or that reasonably should be understood to be confidential given the nature of the information.
Service Levels and Support
AdviseWell will use commercially reasonable efforts to make the Services available and to provide customer support during normal business hours. We do not warrant specific uptime levels and the Services may be unavailable from time to time for maintenance or due to circumstances beyond our reasonable control.
You may cancel your subscription or stop using the Services at any time through your account settings. Upon cancellation, your access will continue until the end of your paid billing cycle.
AdviseWell may suspend or terminate your account for material breach of these Terms, misuse of the Services, payment failure or if required by law or regulation. Termination may be immediate or after reasonable notice, depending on the circumstances. AdviseWell also reserves the right to terminate the Services for convenience with reasonable prior notice.
Data Handling on Termination
Upon termination or cancellation of your account, you may export your data for a limited period specified in your account portal (currently 30 days). After this period, AdviseWell will delete or anonymise your data from active systems, subject to retention in backups for a limited time for security and compliance purposes.
To the fullest extent permitted under Australian law, AdviseWell excludes liability for indirect, incidental, consequential, special, exemplary or punitive damages and for any loss of profits, revenue, data or goodwill.
Our total cumulative liability for any claim arising from the Services is limited to the amount you paid to us in the 12‑month period preceding the event giving rise to the claim, or AUD $100, whichever is greater.
This limitation does not affect rights which cannot be excluded under the Australian Consumer Law.
AdviseWell is not liable for any delay or failure to perform its obligations under these Terms due to events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, labour disputes, utility failures or government actions.
AdviseWell may assign or transfer these Terms, in whole or in part, to an affiliate or in connection with a merger, sale or corporate reorganisation. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
The parties will attempt to resolve any dispute arising out of or relating to these Terms or the Services through good faith negotiations. If the dispute is not resolved within 30 days, either party may refer the matter to mediation administered by a mutually agreed mediator in Melbourne, Victoria. If mediation fails to resolve the dispute, either party may pursue its rights in the courts specified below.
We may update these Terms from time to time. If material changes are made, we will notify you via email or through the platform. Updated Terms will take effect when published unless otherwise stated. Your continued use of the Services after any update signifies your acceptance of the revised Terms.
These Terms are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria for all disputes arising from or relating to these Terms or the Services.
For legal notices or questions about these Terms, contact: AdviseWell Legal Department at admin@advisewell.co
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