Terms and Conditions
Last updated: July 28, 2023
Welcome to MyFO. These Terms and Conditions (“Terms”) govern your access to and use of MyFO web application and related services (collectively, the “Services” or “Site”). The Services are provided by First Democracy Technology Inc., a corporation incorporated under the laws of Canada ("MyFO", "we", "us", "our").
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
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In our sole discretion, we reserve the right to modify, alter or otherwise update these terms and conditions, and you agree to be bound by such modifications, alterations or updates. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
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To use some features of our Services, you may be required to create an account. You are responsible for safeguarding your account, and you are responsible for all activities that occur under your account. You agree to provide us with complete and accurate information when you register for an account, and to keep that information up to date.
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Your privacy is very important to us. Our Privacy Policy explains how we collect, use, disclose, and protect your personal information. By using the Services, you agree to the terms of our Privacy Policy. Please read our Privacy Policy carefully before accessing the Site.
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The Site’s content is published by First Democracy Technology Inc. (“MyFO”).
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Access to some parts of our Services may require payment of fees. If you elect to sign up for these features, you agree to pay us the applicable fees and taxes. We will bill your credit card in advance on a periodic basis in accordance with the terms set out in the Service. All fees are non-refundable except as required by law. You are responsible for all charges incurred under your account, whether made by you or another person using your account. If you cancel the Service before the end of your current paid up period, your cancellation will take effect immediately, and you will not be entitled to any refund of fees already paid. Upon subscribing to our paid Services, you are obligated to complete the full term of the subscription. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
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Unless you notify MyFO before the end of the applicable subscription period that you want to cancel the Service, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for the Service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be cancelled at any time by contacting customer support at support@myfo.com.
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All materials on this Site should be read in their entirety, including any footnotes, privacy policies, legal disclaimers, restrictions or disclosures and copyright or proprietary notices.
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The Services provided by MyFO, including but not limited to financial tracking, IA features and wealth management features, are intended to assist users in managing their financial information and planning their financial strategy. The Services do not and are not intended to provide tax, legal, or investment advice, which should be sought from your professional advisors. All information, content, and material available on or through the Services is for informational purposes only and is not intended to serve as a substitute for the consultation, advice or guidance of a qualified financial, legal, investment or other advisor. MyFO is not a registered investment adviser, broker/dealer, financial analyst, financial bank, securities broker, or financial planner. Any use of the Services, reliance upon any materials or information provided by MyFO, and any decisions made based upon such use or reliance, are at your sole discretion and risk. You agree to bear all risk associated with, and agree to release and hold harmless MyFO, its officers, directors, employees, and agents from any and all liability for your use of the Services, including but not limited to decisions that you may make based on the information made available through the Services.
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You are responsible for all content, including financial information, that you upload, share or store in your MyFO account ("User Content"). We do not claim ownership of your User Content. However, by uploading or sharing User Content, you grant us a license to use, copy, display, and distribute your User Content in order to provide the Services and in accordance with our Privacy Policy.
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The information on the Site has been prepared for informational purposes only. It is not intended to provide investment, financial, accounting, legal, tax or other professional advice and should not be relied upon or regarded as a substitute for such advice. We recommend that you seek advice from a qualified professional advisor before acting on any information or other content appearing on this Site, the MyFO’s social media sites or any website to which they may be linked.
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The Site is provided on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind, whether expressed or implied, and including without limitation implied representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy, or completeness, all of which are hereby disclaimed by MyFO to the fullest extent permitted by law. You expressly agree that your use of the Services is at your sole risk.
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MyFO shall not be liable to you or any other person in any way for any loss or damages (direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data and anticipated profits) arising from the use of this website or any of its content or links (including without limitation any inaccuracies or viruses), or any web browser or other equipment.
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To the maximum extent permitted by law, MyFO shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your access to or use of or inability to access or use the Services.
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By accessing this Site, you agree to indemnify and hold harmless MyFO and its agents, suppliers and their respective directors, officers and employees from and against any and all actions, proceedings, costs, claims, liabilities, damages and expenses (including reasonable legal fees) arising from or in connection with a breach of these terms and conditions or the use of this Site.
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The Site, including its content, is protected by copyright and trademark laws. Unauthorized use or exploitation of the Site or any of its content is strictly prohibited, including but not limited to unauthorized downloading, copying, retransmission, redistribution, storage in any medium, reproduction or republication.
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All intellectual property rights in and to our Services are owned by us. You may not use our intellectual property or trademarks without our prior written consent.
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You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for our Services, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not access the Services in order to build a similar or competitive service. You may not copy, reproduce, distribute, publicly display or perform, sell, lease, or otherwise use any part of our Services in any way except as expressly permitted by these Terms.
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We reserve the right, in our sole discretion, to terminate or suspend your account and your access to the Services, at any time, without notice, for any reason, including but not limited to:
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your breach of these Terms, or any suspected fraudulent, abusive, or illegal activity;
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if we stop providing the Services in your region due to applicable legal or regulatory reasons; or
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(c) non-payment of any fees owed by you in relation to the Services.
Upon any such termination, we may delete your content and other information related to your account. You may cancel your account at any time by contacting customer support at support@myfo.com. Please note that if your account is cancelled, we do not have an obligation to delete or return to you any content you have posted to the Services.
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Please note that this prohibition includes but is not limited to the scraping of our site or Services, the use of scripts or bots, or the unauthorized collection of user data or information. Any unauthorized framing, mirroring, scraping, or data-mining of this Site or any of its content is strictly prohibited.
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Our Services may include links to other websites or services ("Third-Party Services") and may pull content from Third-Party Services. We do not control or endorse any Third-Party Services. You agree that we are not responsible for the availability, accuracy, or content of such Third-Party Services. Your use of and reliance on these services are at your own risk.
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Sites accessible through hypertext links from the MyFO website have not been developed by MyFO. MyFO does not guarantee the accuracy of the information contained in such sites.
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Links to other sites do not constitute MyFO's endorsement or approval of such other sites, the third parties named therein, or their products and services. No liability is assumed for any incompatibility, non-suitability, viral infection, or other destructive/disruptive components originating from such sites.
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We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
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We implement reasonable and industry-standard measures to help protect the security of your information. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to protect your User Content, we cannot guarantee its absolute security. By accessing the Site, you acknowledge that MyFO is not responsible for any damages or losses you may suffer as a result of your electronic transmission of confidential or sensitive information to us. MyFO cannot guarantee complete confidentiality or security for information communicated electronically.
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By using our Services, you agree that we can collect and use anonymized, non-identifiable technical and related information, as well as anonymized, non-identifiable investment statistics, including but not limited to details about asset classes, allocations, and other investment activities, along with technical information about your device, system and application software, and peripherals, as well as your interactions with the Services. We use this information to facilitate the provision of software updates, product support, and other services to you (if any), and to improve our Services, including to track and understand your activity and preferences, to enhance the user experience, and to develop and share aggregated insights and statistics about investment trends and behaviours. We gather this information in an anonymized, non-identifiable format so that it does not personally identify you. We may share anonymous usage data and investment statistics with our service providers for the purpose of helping us in such analysis and improvements. Additionally, we may share such anonymous usage data and investment statistics on an aggregate basis in the normal course of operating our business; for example, we may share information publicly to show trends about the general use of our services and behaviours in wealth management. Please refer to our Privacy Policy for further information on how we collect, use, and disclose information.
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We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
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No consent or waiver by either party to, or of any breach or default by, the other party in its performance of its obligations under this agreement will be deemed or construed to be a consent to, or a waiver of, a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing.
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If any provision of these terms and conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
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These terms and conditions are governed by the laws of British Columbia and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws.
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By accessing the Site, you hereby irrevocably submit and attorn to the provincial and federal courts in the City of Vancouver, British Columbia, for any disputes or matters arising from, connected with, or relating to the Site or any related matters.