Last Updated: May 2021
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Analytics provided by Financial Technology Laboratories, Inc.
Markov Processes International (MPI)
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Plaid Client Flow Down Terms
1. Restrictions. Unless Plaid specifically agrees in writing, Advisor360°, LLC clients (hereinafter “Client” or “Clients”) will not, and will not enable or assist any third party to: (i) attempt to reverse engineer (except as permitted by law), decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, or algorithms of the Plaid services described at www.plaid.com (the, “Services”); (ii) modify, translate, or create derivative works based on the Services (for clarity, this subsection [ii] does not apply to the Output or prohibit the linking of Advisor360° products or services [“Advisor360° Resources”] to the Services); (iii) make the Services or information and data of Client’s business and consumer end users (the “End Users”) provided via the Services (the “Output”) available to, or use the Services or Output for the benefit of, anyone other than Client or End Users; (iv) sell, resell, license, sublicense, distribute, rent, or lease any Services or Output to any third-party, or include any Services or Output in a service bureau, time-sharing, or equivalent offering; (v) publicly disseminate information from any source regarding the performance of the Services or Output; or (vi) attempt to create a substitute or similar service through use of, or access to, the Services or Output. Client will use the Services and Output only in compliance with (a) the Advisor360° Resources, use case, and other restrictions agreed to between Plaid and Advisor360° (the “Partner”), (b) the Plaid developer policies (available at https://plaid.com/legal/#developer-policy), (c) Plaid’s applicable technical user documentation (available at www.plaid.com/docs), and (d) any agreements between Client and End Users. Notwithstanding anything to the contrary, the Client accepts and assumes all responsibility for complying with all applicable laws and regulations in connection with all of Client’s activities involving any Services, Output, or End User data. Client acknowledges and agrees that Plaid is neither a “consumer reporting agency” nor a “furnisher” of information to consumer reporting agencies under the Fair Credit Reporting Act (“FCRA”) and the Output is not a “consumer report” under the FCRA and cannot be used as or in such. Client represents and warrants that it will not, and will not permit or enable any third-party to, use the Services (including Output) as a or as part of a “consumer report” as that term is defined in the FCRA or otherwise use the Services (including Output) such that the Services (including Output) would be deemed “consumer reports” under the FCRA.
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Compliance with the Laws and Standards of Conduct:
Except as expressly provided in an open source or other public license, you shall not (i) reverse engineer, decompile, disassemble, or otherwise create, attempt to create or derive, or permit or assist any third party to create or derive the source code underlying the Twilio Services; (ii) transfer, resell, lease, license, or assign Services or otherwise offer the Services on a standalone basis; (iii) use the Services in any manner that violates Twilio's Acceptable Use Policy, a copy of which is attached hereto as Exhibit 1, “Acceptable Use Policy” or any other term of this Agreement; or (iv) use the Services to access or allow access to emergency services personnel or public safety answering points such as 911 or E911 services.
Acceptable Use Policy:
This Acceptable Use Policy describes actions that Twilio, Inc. ("Twilio") prohibits when you use its website and/or services (the "Services"). The Acceptable Use Policy is governed by the Service Agreement between Twilio and Advisor360°. Twilio may in its sole discretion determine whether you are in violation of this Acceptable Use Policy. The Services may be used only for lawful purposes and may not be used for any illegal activities. Using the Services in an illegal, abusive, or any other manner that interferes with or diminishes others’ use and enjoyment of the Services is prohibited. The following list gives examples of illegal, abusive, interfering or otherwise unacceptable or inappropriate behavior while using the Services.
This list is provided by way of example and shall not be considered exhaustive:
- Adversely impacting the availability, reliability, or stability of Twilio's Services.
- Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of Twilio's Services.
- Attempting to bypass or break any security mechanism on any of the Services or using the Services in any other manner that poses a security or service risk to Twilio, to any user of our Services, or to any of our or their respective customers.
- Testing or reverse-engineering the Services in order to find limitations, vulnerabilities or evade filtering capabilities.
- Using the Services in any manner that may subject Twilio or any third party to liability, damages or danger.
- Using the Services in any manner that violates any applicable third-party policies or requirements that Twilio has communicated to the customer.
- Using the Services in any manner that violates the Mobile Marketing Association guidelines and/or best practices, carrier guidelines, or any other industry standards.
- Engaging in fraud with respect to your account.
- Using your account to engage in fraudulent activity with respect to third parties or otherwise using your account to bypass phone identification systems such as those by classified advertising websites.
- Using any of the Twilio Properties or Twilio Marks other than as expressly permitted in the Service Agreement between Twilio and Advisor360°.
- Transmitting any material that may infringe the intellectual property rights or other rights of third parties, including but not limited to trademark, copyright, or rights of publicity or otherwise violating, infringing, or misappropriating the rights of any third party.
- Engaging in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
- Using the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls SMS or text messages, voice mail, or faxes.
- Using phone numbers provided by Twilio ("Twilio Phone Numbers") for SMS in a manner that is not designed to enhance or augment the person-to-person nature of SMS communications.
- Offering any Emergency Services to users. "Emergency Services" shall mean services that allow a user to connect with emergency services personnel or public safety answering points such as 911 or E911 services.
- Promoting or engaging in illegal activities.
- Engaging in activities or transmitting through the Services any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Harvesting or otherwise collecting information about others, including email addresses or phone numbers, from Twilio’s website without their express consent.
- Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call using your account.
- Transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs.
- Violating or facilitating the violation of any U.S. or foreign law regarding the transmission of technical data or software.
- Interfering with or disrupting networks connected to the Services or violating the regulations, policies, or procedures of such networks.
- Improperly engaging in activity for which the United States Federal Communications Commission has restricted or regulated with regard to proper use of the public telephone network.
- Using the Services, or a component of the Services, in a manner not authorized by Twilio.