Terms of Use
Last Updated: January 15, 2025
Agreement to Terms
By accessing and using the Hexflow Systems website and investment automation services, you agree to be bound by these Terms of Use and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site and our services.
These terms constitute a legally binding agreement between you and Hexflow Systems, a company incorporated under Canadian law and operating from Halifax, Nova Scotia. Your continued use of our platform indicates your acceptance of these terms and any subsequent modifications.
Service Description
Hexflow Systems provides investment automation software and related financial technology services designed to assist users in managing their investment portfolios. Our platform offers tools for portfolio analysis, automated rebalancing, and investment strategy implementation.
Investment Risk Disclaimer
All investments carry risk of loss. Past performance does not guarantee future results. Our automation tools are designed to execute your investment strategy but cannot eliminate market risk. You are responsible for understanding the risks associated with your investment decisions.
We do not provide investment advice, financial planning, or personalized recommendations. Our software executes the parameters and strategies that you define based on your own research and risk tolerance.
User Responsibilities and Account Security
Account Registration
To use our services, you must create an account with accurate and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
Prohibited Uses
- Using the service for any unlawful purpose or in violation of any applicable regulations
- Attempting to gain unauthorized access to other user accounts or system infrastructure
- Interfering with or disrupting the service or servers connected to the service
- Transmitting viruses, malware, or any other malicious code through our platform
- Using automated scripts or bots to access the service without explicit written permission
- Sharing your account credentials with third parties or allowing unauthorized access
You must notify us immediately of any suspected unauthorized use of your account or any other breach of security. We reserve the right to suspend or terminate accounts that violate these terms.
Financial Data and Privacy
Our service requires access to your financial account information to provide automated investment management. We use bank-level encryption and security protocols to protect your data. However, you acknowledge that no system is completely secure, and you use our service at your own risk.
We collect and process your personal and financial information in accordance with our Privacy Policy, which is incorporated by reference into these terms. By using our service, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.
Data Retention
We retain your account information and transaction data for a minimum of seven years as required by Canadian financial regulations. You may request deletion of your personal data, subject to our legal retention obligations.
Service Availability and Modifications
We strive to maintain continuous service availability but cannot guarantee uninterrupted access. Market hours, scheduled maintenance, and unforeseen technical issues may affect service availability. We will provide reasonable notice of planned maintenance when possible.
We reserve the right to modify, suspend, or discontinue any aspect of our service at any time. We may also update these terms periodically, and continued use of the service constitutes acceptance of any changes.
Third-Party Integration
Our service integrates with various financial institutions and market data providers. We are not responsible for the availability, accuracy, or reliability of third-party services, though we make reasonable efforts to work with reputable providers.
Fees and Payment Terms
Service fees are clearly disclosed during the registration process and are subject to change with thirty days' written notice. All fees are charged in Canadian dollars unless otherwise specified. You authorize us to charge your designated payment method for all applicable fees.
Refunds are provided in accordance with our refund policy. Generally, subscription fees are non-refundable once the billing period has begun, but we may provide pro-rated refunds in cases of service termination by us.
Limitation of Liability
To the maximum extent permitted by law, Hexflow Systems shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our service. This includes, but is not limited to, lost profits, investment losses, or data loss.
Our total liability for any claims arising from or relating to this agreement shall not exceed the amount you paid us in the twelve months preceding the claim. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability, so these limitations may not apply to you.
Investment Loss Disclaimer
We are not liable for investment losses resulting from market conditions, your investment decisions, or the performance of securities in your portfolio. Our software executes your chosen strategy but cannot guarantee profitable outcomes.
Intellectual Property
The Hexflow Systems platform, including all software, algorithms, designs, and content, is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our proprietary technology.
You retain ownership of your personal data and investment information. By using our service, you grant us a limited license to process this information solely for the purpose of providing our services to you.
Regulatory Compliance
Hexflow Systems operates in compliance with applicable Canadian financial regulations. Our service is intended for residents of Canada and may not be available in all provinces or territories. International users should consult with local regulators regarding the use of automated investment services.
You are responsible for complying with all applicable tax laws and reporting requirements related to your investment activities. We provide transaction records to assist with tax preparation but do not provide tax advice.
Termination
You may terminate your account at any time through your account settings or by contacting our support team. We may terminate or suspend your account immediately if you breach these terms or engage in prohibited activities.
Upon termination, your right to use the service ceases immediately. We will provide you with access to your account data for a reasonable period following termination, after which data may be permanently deleted in accordance with our retention policies.
Dispute Resolution
Any disputes arising from these terms or your use of our service shall be governed by the laws of Nova Scotia and Canada. You agree to attempt resolution through good faith negotiation before pursuing formal legal action.
If negotiation fails, disputes shall be resolved through binding arbitration administered by the ADR Institute of Canada, with proceedings conducted in Halifax, Nova Scotia. The arbitrator's decision shall be final and binding.
Severability and Entire Agreement
If any provision of these terms is found to be unenforceable, the remaining provisions shall continue in full force and effect. These terms, together with our Privacy Policy, constitute the entire agreement between you and Hexflow Systems regarding the use of our service.
No waiver of any provision shall be deemed a continuing waiver, and our failure to enforce any provision does not constitute a waiver of our right to enforce it in the future.
Contact Information
If you have questions about these Terms of Use, please contact us:
Hexflow Systems
650 Washmill Lake Dr Suite 260
Halifax, NS B3S 0H8, Canada
Phone: +1 (204) 358-2281
Email: support@hexflowsystems.pro