Terms of Service
Last updated: December 1, 2024
1. Acceptance of Terms
By accessing and using the Grounded Wealth client portal ("Portal") and any related mobile or web applications (collectively, the "Platform"), you agree to be bound by these Terms of Service and all applicable laws and regulations.
2. Platform Availability & Use of Technology
Grounded Wealth provides access to a secure online client portal as a convenience to help you view your financial information, securely upload documents, review planning materials, and communicate with your advisor.
The Platform is provided on an "as-is" and "as-available" basis. Grounded Wealth does not guarantee that the Platform will be:
- Available at all times
- Free from interruptions, delays, or errors
- Compatible with all devices or browsers
- Free from data synchronization delays
If you experience an issue accessing the Platform, please contact us directly. Your advisory relationship and service delivery do not depend on portal availability.
3. Data Aggregation & Accuracy
The Platform may display account information that is retrieved from third-party financial institutions or custodians through secure data connections or account aggregation tools.
Grounded Wealth does not guarantee the accuracy, completeness, or timeliness of any data imported through third-party providers. Examples include:
- Balances or transactions that update slowly
- Accounts temporarily not syncing
- Delayed or incomplete data
- Duplicated or missing accounts
Important: You agree to verify critical financial information directly with statements from custodians or banks, especially before making decisions. Grounded Wealth reviews client information as part of the advisory process, but the Platform itself is not the official system of record for your custodied accounts.
4. Client Responsibility for Reviewing Information
You agree to:
- Review your financial information for accuracy
- Notify us of any discrepancies you observe
- Provide updated information as your circumstances change
Grounded Wealth is not responsible for losses or decisions resulting from your reliance on inaccurate or incomplete data shown in the Platform.
5. No Automatic Trading, Transfers, or Account Activity
Grounded Wealth does not use the Platform to:
- Automatically place trades
- Automatically rebalance portfolios
- Initiate money movements
- Execute any actions without your explicit authorization
All account changes, transactions, and investment decisions require:
- Human review
- Client consent
- Documentation through the custodian
This ensures your investments are always managed with a human-first, advisor-led approach.
6. Use of Technology, Automation, and AI
Grounded Wealth may use technology tools—including limited automation and, where appropriate, responsible and supervised use of artificial intelligence—to improve operational efficiency, organization, and planning workflows.
Grounded Wealth does not use AI to:
- Pick stocks
- Make investment decisions
- Execute transactions
- Manage accounts autonomously
Any technology-assisted output is:
- Informational
- Subject to human review
- Not individualized advice on its own
Grounded Wealth advisors review all planning analyses, recommendations, and investment decisions.
7. Third-Party Service Providers
The Platform relies on reputable third-party service providers for:
- Hosting (e.g., Vercel)
- Secure data storage (e.g., Supabase)
- Account aggregation (e.g., Plaid or equivalent)
- Communication tools
- Analytics and portal features
Grounded Wealth does not control these third-party services and is not liable for their performance, outages, errors, or data handling practices. Your use of certain features may be subject to the third party's own terms and privacy policies.
8. Cybersecurity & User Access Responsibilities
Grounded Wealth uses commercially reasonable security practices to protect your information.
You are responsible for:
- Maintaining the confidentiality of your login credentials
- Using secure devices and networks
- Notifying us immediately if you suspect unauthorized access
Grounded Wealth is not liable for unauthorized access caused by client negligence or compromised credentials.
9. Limitation of Liability
To the fullest extent permitted by law:
Grounded Wealth's total liability for any claim related to the Platform or your use of technology services shall not exceed the advisory fees you paid to Grounded Wealth during the three (3) months immediately preceding the event giving rise to the claim.
Grounded Wealth is not liable for:
- Indirect, incidental, or consequential damages
- Losses arising from delayed or inaccurate data
- Platform outages or downtime
- Errors or limitations in third-party services
- Lost profits or investment losses arising from portal content
- Reliance on technology tools without advisor consultation
10. Advisory Relationship vs. Software Tools
Grounded Wealth serves as a fiduciary for advisory services. However, the Platform, calculators, tools, displayed data, and projections are provided solely for convenience and general informational purposes.
The fiduciary standard applies only to advice delivered by Grounded Wealth advisors—not to the software functionality itself.
11. Investment Advisory Relationship
Grounded Wealth LLC is a state-registered investment adviser. Our advisory relationship with you is governed by our written advisory agreement, which outlines the scope of services, fees, and responsibilities.
We acknowledge our fiduciary duty to act in your best interests and will provide investment advice that is suitable for your individual circumstances, financial situation, and investment objectives.
Information in the Platform is for informational purposes only and does not constitute investment advice, recommendations, or offers to buy or sell securities outside of our established advisory relationship.
12. Dispute Resolution & Arbitration
Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the advisory relationship shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.
Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between you and Grounded Wealth individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.
Small Claims Exception: Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.
Location: Any arbitration shall take place in Hennepin County, Minnesota, unless otherwise agreed by the parties.
13. Governing Law
These Terms are governed by the laws of the State of Minnesota, without regard to conflict of law principles.
14. Modifications to Terms
Grounded Wealth reserves the right to modify these Terms at any time. We will provide notice of material changes via email or through the Platform. Your continued use of the Platform after such notice constitutes acceptance of the modified Terms.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
About These Terms
These technology terms are designed to clearly outline the role of the Platform, set reasonable expectations about data accuracy and availability, and ensure that advisory services continue to be delivered through a human, fiduciary-led process regardless of the tools used to support your planning relationship.
Questions?
If you have questions about these Terms of Service, please contact Nicholas Tilli, Chief Compliance Officer, at 952-836-6063 or legal@groundedwealth.com