Terms of Service
Acceptance. By using one or more aspects of the Service, you hereby agree to the Terms. You accept these terms by either (a) clicking to “agree” or to “accept” the Terms when opening a user account or logging onto your user account to access the Services, or by (b) using the Services. You may not use the Services or accept the Terms if (a) you are younger than 18 or you are not of legal age to form a binding contract with Forefront, or (b) you are a person barred from receiving the Services under any applicable laws or regulations. Forefront reserves the right to amend these Terms at any time by posting the amended terms to its web site or otherwise providing you notice of the amended Terms. Your continued use of the Services constitutes acceptance of such amended terms. If you do not agree with these Terms (as amended from time to time), your sole and exclusive remedy is to discontinue using the Services.
License. Forefront grants to you a non-exclusive, non-transferable license to use the Services, under the terms and conditions of the business agreements between the parties. You agree to use the Services in accordance with the parameters set forth in documentation and other reasonable instructions provided by Forefront. You agree not to modify, copy, disassemble, decompile or reverse engineer the Services, or cause or permit any third party to do so. This license does not include the right to grant sublicenses or other rights to the Services, which will remain the exclusive property of Forefront. You agree that you have no rights in the Services or their documentation, other than the license granted hereunder. You further agree to protect the confidentiality of all the information relating to the Services’ code, design or logic structure provided to you by Forefront.
Data Security. Forefront agrees to take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures. Regardless of the precautions taken by us we cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.
We restrict access to personal information to only the Forefront employees, contractors and agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
Intellectual Property Rights. The Services are protected by a combination of copyright, trade secret laws and patent protection. Portions of the Services contain information and data from third party providers, subject to their own copyright provisions. You acknowledge and agree that Forefront and our third-party licensors retain ownership of all intellectual property rights of any kind related to the Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of your use of the Services, except for the limited right to use the Services in accordance with the Terms. “KinashApp” and “Forefront Software Development” are registered trademarks owned by Forefront. Other product and company names that are mentioned in the Services or provided as part of the Services may be trademarks of their respective owners. The content contained in the Services is owned by or licensed to Forefront. This includes, without limitation, the text, software, scripts, graphics, photos, video, sounds, interactive features and the trademarks, service marks and logos contained therein. Any content or information provided by Forefront through the Services is provided to you “AS IS” for informational purposes only and may not be used, copied, reproduced, translated, modified, adapted, transferred, distributed, transmitted, broadcast, displayed, republished, sold, licensed, or otherwise exploited for any other purposes. We reserve all rights not expressly granted in and to the Services. You agree not to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof. You agree not to attempt to discover any information used to deliver, or to compile, remove or delete any portion of, the Services or any part thereof. You agree not to remove, obscure or alter any copyright notice, trademarks or other proprietary rights notices affixed to or contained within the Services or any part thereof.
Confidentiality. You hereby agree to keep confidential all information concerning the financial affairs and matters of Forefront, including research, development, products, software, source code, trade secrets, forms, procedures, business affairs, or the terms of your customer agreement; and will not disclose, reproduce or distribute the same to any party at any time. You may comply with a valid and lawful legal process or government order to disclose information, but will immediately notify Forefront of your compliance with that order, to the extent permitted by law. Upon termination, both Forefront and Customer agree to maintain the confidentiality of all confidential information received from the other party under this Agreement.
User of the Services. You acknowledge that each Forefront user account is designed, intended and licensed for use by a single named user only. We do not accept email addresses such as info@, sales@ or admin@ for accounts; you must use your individual email address for authentication and compliance purposes. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your user account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your account or any other breach of security. Forefront cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. If you become aware of any unauthorized use of your password or of your user account, you agree to notify Forefront immediately at email@example.com.
You agree to provide accurate and correct information about your identity, your firm, and your status as a registered representative, registered investment advisor, registered insurance agent or administrative / operations assistant of a registered representative, registered investment advisor or registered insurance agent. You agree to use the Services 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 Services by any means other than the interface provided by Forefront. You specifically agree not to use automated means (including the use of scripts or web crawlers) to access the Services. You agree not to engage in any activity that interferes with or disrupts the Services, or the servers and networks connected to the Services. You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Services. You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose, or use the outputs of the Services in general mailings, mass communications or advertisements without the express written consent of Forefront.
License to Use Marketing Resources. Subject to your continued status as a paying customer in good standing, Forefront hereby grants you a limited, non-exclusive, non-transferrable license to utilize its “Forefront” trademark, “KinashApp” trademark, logo and brand images, marketing copy, content resources, white papers, print collateral, slide decks and other marketing resources (the “Marketing Resources”) provided to you, for the sole purpose of promoting your securities, advisory and/or insurance firm’s use of the Services in your marketing communications directed at acquiring and/or retaining clients. You agree to utilize the Marketing Resources in accordance with any Brand Image Guidelines provided to you by Forefront. You agree to cease and desist from the use of the Marketing Resources if (a) you terminate your Forefront account and are no longer a paying customer, or (b) Forefront requests in writing that you do so for any reason.
Billing, Payment and Term of Contract. The Services are licensed to you under a contract that you enter into with Forefront at the time of your subscription. The terms of your contract are encapsulated in an order form that we email to the “account owner” at the time of purchase. If you did not receive or cannot find a copy of your order form, simply request one by sending an email to firstname.lastname@example.org.
Unless stated otherwise on your order form, the following contractual terms apply.
- You will be billed in accordance to your selection (monthly, quarterly, or annually) in advance. Forefront reserves the right, under certain circumstances, to require annual billing or ACH payment when circumstances warrant.
- All fees are non-refundable once billed. If you believe you have been billed in error, please email email@example.com and we will be glad to assist.
Termination of Service. In order to provide notice of non-renewal and terminate the Services, you must provide notice to Forefront.. If you do not have access to the account cancellation feature, you can provide written notice via electronic mail at firstname.lastname@example.org Termination is deemed effective when you receive a message from Forefront that your cancellation has been processed.
Once Forefront has processed your cancellation, your access to and payment for the Services will continue for the remainder of your contract term. If there is no deadline for notice of non-renewal specified on your order form, such notice of non-renewal must be received by Forefront thirty (30) days in advance of your next billing date.
Forefront may, at any time, terminate your account and refuse your access to the Services if (a) you have breached any provision of the Terms (or have acted in manner which shows that you do not intend to, or are unable to comply with the provisions of the Terms); (b) Forefront is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (c) you are no longer a registered representative, registered investment advisor, registered insurance agent or administrative / operations assistant of a registered securities firm, registered investment advisor or registered insurance agent; (d) Forefront is transitioning to or no longer providing the Services to users in the jurisdiction in which you are resident or from which you use the Services; (e) the provision of the Services to you by Forefront is, in Forefront’s sole discretion, no longer commercially viable; (f) your communication with Forefront employees is abusive or threatening, in Forefront’s sole discretion; or (g) you do not pay the amounts due for the Services according to the Terms. Termination for reasons (a), (c), (f) or (g) shall not relieve you of the obligation to pay for the Services for the remainder of your contract.
Upon termination, all of the legal rights, obligations and liabilities that you and Forefront have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, will be unaffected by this termination, including the provisions of the “General Legal Terms” and “Conflict of Laws” sections below.
DISCLAIMER OF WARRANTIES. SUBJECT TO APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS.
IN PARTICULAR, FOREFRONT, ITS OFFICERS AND DIRECTORS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (b) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE OR FREE FROM ERROR, (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOREFRONT OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
FOREFRONT 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.
BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
LIMITATION OF LIABILITY.TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT FOREFRONT, ITS OFFICERS AND DIRECTORS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS WILL 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 WILL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, 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 THE ACTIONS OF YOU, FOREFRONT, OR ANY OF FOREFRONT’S SUPPLIERS OR VENDORS;
- ANY CHANGES WHICH FOREFRONT MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- ANY UNAUTHORIZED CHANGES TO OR MISUSE OF THE SERVICES;
- ANY USE OF THE SERVICES IN A MANNER NOT INTENDED UNDER THIS AGREEMENT;
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- ANY TRADING LOSSES OR ANY OTHER LOSSES RESULTING FROM YOUR USE (OR INABILITY TO USE) THE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, AND WHETHER OR NOT SUCH LOSSES WERE FORESEEABLE, EVEN IF FOREFRONT HAS BEEN ADVISED OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES;
- ANY ERROR BY FOREFRONT, ITS SUPPLIERS OR VENDORS, OR YOU IN SENDING OR TRANSMITTING TRADE DATA;
- ANY FAILURE BY A BROKER TO RECEIVE OR EXECUTE A TRADE ORDER TRANSMITTED USING THE SERVICES FOR ANY REASON WHATSOEVER EXCEPT AS A DIRECT RESULT OF FOREFRONT’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT;
- ANY FORCE MAJEURE EVENT;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
- YOUR FAILURE TO PROVIDE FOREFRONT WITH ACCURATE ACCOUNT INFORMATION;
- ALL OF THE LIMITATIONS ON FOREFRONT’S LIABILITY TO YOU WILL APPLY WHETHER OR NOT FOREFRONT HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF FOREFRONT, ITS OFFICERS OR DIRECTORS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED FIFTY UNITED STATES DOLLARS ($50.00).
Indemnification. You agree to defend, indemnify and hold harmless Forefront, its officers and directors, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or their partners, and any of their successors or assigns, and any of their respective officers, directors, agents or employees (the “Released Parties”) from any loss, damages, liabilities, costs, expenses, including reasonable attorney fees, claims and proceedings arising out of or relating to: (a) your use of the Services; and (b) any alleged breach of the Terms by you.
Force Majeure. None of the parties shall be held responsible for any delay or failure to perform any part of this agreement to the extent that such delay or failure results from any cause beyond its control and without the fault or negligence of the party claiming excusable delay, such as acts of God, acts of war or terrorism, extraordinary acts of Ethiopia or any state, territory or political subdivision thereof, fires, storms, floods, epidemics, riots, work stoppages, strikes (work stoppages and/or strikes of any of the parties to this agreement are specifically excluded from the language of this section), embargoes, computer viruses, unauthorized access, systems failure, failure or technical difficulties with software, hardware or other equipment, downtime for hardware and software maintenance, failure of communication lines, telephone or other interconnect problems, unusual volumes of traffic, theft, government restrictions, exchange or market rulings, extreme market volumes or volatility, suspension of trading (declared or undeclared), failure of utility services, adverse weather or events of nature. Forefront cannot ensure uninterrupted or error free access to the Services and there may be periods where access is delayed, limited or not available.
General Legal Terms. The Terms, combined with your order form, constitute the whole legal agreement between you and Forefront and govern your use of the Services, and completely replace any prior agreements between you and Forefront in relation to the Services.
You agree that if Forefront does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Forefront has the benefit of under any applicable law), this will not be taken to be a formal waiver of Forefront’s rights and that those rights or remedies will still be available to Forefront. 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 Terms, and your relationship with Forefront under the Terms, will be governed by the laws of Ethiopia without regard to its conflict of law provisions. You agree that any dispute regarding the interpretation or enforcement of the terms will be decided by confidential, final and binding arbitration conducted by a mutually agreed to arbitrator located within Addis Ababa, Ethiopia. The filing fees and arbitrator’s fees and costs in such arbitration will be borne by the non-prevailing party. The parties will be entitled to reasonable discovery of essential matters as determined by the arbitrator. In the arbitration, the parties will be entitled to all remedies that would have been available if the matter were litigated in a court of law. Notwithstanding this, you agree that Forefront will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Forefront may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Forefront, and any such attempted assignment will be void and unenforceable.
We utilize the data in your individual Forefront account to assist you with support requests, troubleshoot problems, or monitor the performance and effectiveness of the Services. In addition, we utilize data across the entire Forefront platform to improve its effectiveness, develop insights, or monitor the performance and effectiveness of the system.
We may collect the following types of information:
- Information you Provide. When you establish a Forefront account, we ask you for personal information, which may include your name, address, email address, credit card or bank information, phone numbers and other personal information provided by you. We use the data you enter to provide the Services to you and develop personalization of the Services. We also analyze all of our customer data in aggregate to understand more about the average Forefront user.
- Contact Information. You may be asked for your email address or other personal contact information, which we will not share or sell to third parties.
- Log Information. When you access the Services, our servers automatically record certain information in an industry-standard way. These logs may include information such as your web request, your interaction with a service, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser or your account. We use logs to improve the quality of our services, debug problems, and track user trends.
- User Communications. Any messages, email or communications that you send to Forefront may be retained so that we can process your inquiries, respond to your requests or improve the quality of our services. We may use your email address and other personal contact information to communicate with you about our services.
- Aggregated/Anonymous Information. Forefront may also collect user information on an aggregate or anonymous basis, which does not personally identify you, and disclose the aggregate or anonymous data to prospective partners or other outside parties for their use. Forefront may also use this aggregate or anonymous information for various other business purposes, including without limitation, the creation and sale of other products to our customers and potential customers.
Forefront processes personal information on our servers in Switzerland, and may do so in other countries. In some cases, unless otherwise prohibited by a superseding agreement, we may process personal information outside your own country.
We do not sell personally identifiable information about current or former customers to third parties. We may share customer information with Forefront subsidiaries or affiliated companies in order to properly service your account. In compliance with federal and state laws, we may disclose information we collect about our customers and former customers, as described above, to nonaffiliated businesses such as:
- Companies that perform services for us or on your behalf
- Companies who provide a technology service that is integrated with Forefront, and you have enabled that integration in your Forefront account (you should ensure that you only connect trusted services to your Forefront account);
- Companies that participate in joint marketing activities with us;
- Other organizations, with your consent or as directed by your representative; and
- Companies participating with us in a proposed or actual sale, merger, transfer, or business exchange.
These companies are required to treat your private information with the same high degree of confidentiality that we do and only for the services for which they are engaged.
We may also disclose information to non-affiliated parties as allowed by law, when we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce any applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm or damages to the rights, property or safety of Forefront, its users or the public as required or permitted by law. If Forefront is ordered by a legal process or government to provide data about one or more individual users, we will notify those users of our compliance with that order, to the extent permitted by law.
In addition, we may develop, use, distribute and publish information and statistics derived from your data and the content that you contribute for use on a masked, aggregate basis. This particular use of your data and content will not result in the distribution or publication of any personally identifiable information.
We believe that your data belongs to you, and therefore, you may delete your account at any time that you choose. To request that your account be deleted, please contact us at email@example.com. Because of the way we maintain the Services to protect the integrity of your data, residual copies may take a period of time before they are deleted, and your data may remain in our backup systems. However, our systems are architected so that your data will drop out of active use for all of the uses that we described above.