These Terms of Use (the "Terms") are an agreement between WealthStream, Inc. ("WealthStream," "we," "us," or "our") and the person or organization that accesses or uses the Site or Services ("you" or "your"). They govern: (a) thewealthstream.com and other public websites operated by WealthStream that link to these Terms (the "Site"); (b) individual access to the WealthStream Advice Intelligence platform and related artificial-intelligence features (the "Services"); and (c) any demonstration, sandbox, preview, pilot, or evaluation access not governed by a separate written agreement ("Evaluation Access").
By accessing the Site, registering for or logging into the Services, clicking to accept these Terms, or using Evaluation Access, you acknowledge that you have reviewed and accepted these Terms. If you access the Services for an employer, advisory firm, financial institution, or other organization, you represent that you are authorized to act for that organization. If you do not agree, or do not have the required authority, do not access or use the Site or Services.
1. Scope and Contract Priority
Customer Agreement. A "Customer Agreement" is an Order Form, master agreement, statement of work, evaluation agreement, Data Protection Addendum, or other written agreement between WealthStream and the organization that authorizes your access. Production use of the Services requires a Customer Agreement. For an Authorized User whose organization has a Customer Agreement, these Terms supplement that agreement only with respect to individual access, acceptable use, and the public Site, and only to the extent they are consistent with the Customer Agreement.
Authorized Users. An "Authorized User" is an employee, contractor, agent, or other individual a customer authorizes to use the Services under its account. The customer organization may administer your account, manage permissions, access usage information, control Customer Data associated with its account, and suspend or terminate your access.
Key terms. "Customer Data" means data, information, content, and materials submitted, uploaded, transmitted, or generated through the Services by or for a customer or its Authorized Users, including AI Input, AI Output, client records, financial data, and personal information. "AI Input" means prompts, queries, documents, instructions, data, or other information submitted to an AI Feature. "AI Output" means analyses, considerations, recommendations, reports, content, or other material generated by an AI Feature in response to AI Input. An "End Client" is an individual, household, trust, business, or other person or entity to whom a customer provides financial planning, investment advisory, or wealth-management services.
2. Access, Accounts, and Credentials
Permitted access. Subject to these Terms and any Customer Agreement, WealthStream grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Site and Services during the period you are authorized to do so, solely for the customer's internal business purposes and in accordance with applicable documentation. These Terms do not grant a right to production Services, paid functionality, implementation services, support, or service levels unless provided under a Customer Agreement.
Account information. You must provide accurate information when creating or using an account and keep it current. Credentials are assigned to individual users and may not be shared. You are responsible for safeguarding passwords, access keys, devices, and authentication methods and for promptly notifying your account administrator and WealthStream of suspected unauthorized access or credential compromise.
Account administration. A customer may designate administrators who can add or remove users, assign roles and permissions, configure integrations, and take other actions on the customer's behalf. The customer is responsible for its administrators and Authorized Users and for ensuring that permissions remain appropriate.
Evaluation Access. Evaluation Access may be time-limited, feature-limited, and subject to additional instructions or restrictions. Unless WealthStream expressly approves a secure method in writing, Evaluation Access and public Site forms must not be used to submit End Client records, account credentials, nonpublic personal information, or other confidential or regulated data.
3. Acceptable Use and Restrictions
You will not, and will not permit another person to:
- use the Site or Services in violation of law, regulation, professional obligation, sanctions requirement, or a third party's rights;
- submit data that you or the customer do not have the right, authority, consent, or lawful basis to process through the Services;
- reverse engineer, decompile, disassemble, decode, translate, or otherwise attempt to discover source code, model weights, algorithms, prompt structures, agent configurations, or other underlying technology, except to the limited extent a restriction is prohibited by law;
- copy, modify, adapt, translate, or create derivative works of the Services or documentation, except for customer materials that incorporate AI Output as permitted by the Customer Agreement;
- sublicense, resell, rent, lease, timeshare, distribute, transfer, or make the Services available to anyone other than Authorized Users;
- use the Services, AI Output, or Site content to build, train, benchmark for publication, improve, or provide a competing product, model, or service, or to engage in model extraction or distillation;
- scrape, crawl, harvest, data mine, download in bulk, or access the Site or Services through automated means except through an authorized interface or with WealthStream's written permission;
- circumvent or interfere with access controls, rate limits, authentication, safety controls, guardrails, content filters, logging, or other technical restrictions;
- introduce malware, harmful code, or material intended to disrupt, damage, or obtain unauthorized access to the Site, Services, or related systems;
- generate or distribute unlawful, fraudulent, deceptive, threatening, harassing, defamatory, discriminatory, exploitative, or otherwise harmful content;
- use AI Output as the sole basis for a legally or similarly significant decision concerning an individual without appropriate notice, independent human review, verification, and any legally required opportunity to contest the decision; or
- state or imply that AI Output was created, reviewed, approved, or endorsed by WealthStream, or that WealthStream provides financial, investment, tax, accounting, or legal advice.
Enforcement. WealthStream may investigate suspected violations and may restrict functionality, remove access, or suspend use when reasonably necessary to protect the Site or Services, prevent harm, comply with law, or enforce these Terms. Any notice or cure rights for production Services are governed by the applicable Customer Agreement.
4. Customer and User Responsibilities
Operational responsibility. You and the customer are responsible for evaluating whether the Services are appropriate for the intended use; obtaining and maintaining required equipment, software, internet connectivity, credentials, vendor permissions, and system access; configuring roles, integrations, approvals, and internal guardrails; and maintaining appropriate written policies, supervisory procedures, internal controls, and review processes.
Legal and professional compliance. The customer and its Authorized Users are responsible for complying with financial-services, privacy, data-protection, recordkeeping, consumer-protection, anti-discrimination, export-control, sanctions, and artificial-intelligence laws and regulations applicable to their use. This includes any required notices, consents, disclosures, opt-outs, impact assessments, fairness reviews, human-review procedures, and opportunities for individuals to challenge a decision.
Data rights and quality. You represent that the customer has all rights, licenses, notices, consents, permissions, and lawful bases needed for WealthStream to process Customer Data as contemplated by the Customer Agreement. You are responsible for the accuracy, completeness, timeliness, and quality of AI Input and other Customer Data. Incomplete or inaccurate input may produce unreliable output.
Books and records. WealthStream is not the customer's official books-and-records system. The customer remains responsible for maintaining records, supervision, client communications, suitability determinations, fiduciary judgments, and other documentation required by law or its policies.
End Client requests. Where WealthStream processes personal information on behalf of a customer, the customer is generally the primary point of contact for an End Client seeking to exercise privacy rights. WealthStream will handle requests and provide assistance as required by the applicable Customer Agreement and law.
5. WealthStream AI Features and Human Review
Decision support. WealthStream Advice Intelligence uses specialist AI agents to analyze Customer Data across financial-planning categories and generate considerations and recommendations for review and validation by qualified financial professionals. The Services are designed to augment, not replace, professional judgment and do not generate final advice or make decisions for the customer or any End Client.
No autonomous transactions. Except where expressly configured in a statement of work and initiated by an Authorized User, the AI Features operate on a read-only ingestion basis. WealthStream does not independently execute trades, transfer funds, modify third-party records, access End Client accounts, communicate recommendations directly to End Clients, or take binding action based on AI Output.
Probabilistic technology. AI Features use probabilistic technologies and may produce errors, omissions, hallucinations, biased results, or material that is incomplete, inconsistent, or inappropriate for a particular person or circumstance. AI Output may change as underlying models, prompts, data, or system configurations change, and similar input may produce different output.
Required review. All AI Output must be independently reviewed, validated, and approved by an appropriately qualified professional before it is used, distributed, communicated, or acted upon. The customer and its financial professionals remain solely responsible for final recommendations, suitability determinations, disclosures, supervision, and implementation decisions.
Model changes and evaluation. WealthStream may update, replace, or substitute models, algorithms, or machine-learning components, subject to any service-change limitations in the Customer Agreement. Evaluation, monitoring, testing, human review, or feedback processes do not constitute a warranty of accuracy, fairness, consistency, or any particular result.
6. AI Input and AI Output
Your authorization. By submitting AI Input, you authorize WealthStream to use, process, store, and transmit that AI Input as necessary to provide the Services and perform its obligations under the Customer Agreement. You must not submit material that infringes, misappropriates, or violates another person's intellectual-property, privacy, confidentiality, or other rights.
Use of AI Output. Subject to the Customer Agreement, WealthStream's ownership of the Services and WealthStream IP, and any third-party rights, the customer may use AI Output for its internal business and client-service purposes. AI Output may not be unique, may be the same as or similar to output generated for others, and may not qualify for intellectual-property protection.
Disclosure and communication. You must not communicate AI Output as final professional advice without the required qualified review. You are responsible for any disclosure that AI was used to generate or support content when required by law, regulation, professional standards, the customer's policies, or the circumstances of the communication.
Responsibility for reliance. You and the customer are responsible for decisions, actions, omissions, communications, and consequences arising from use of AI Output. No AI Output should be treated as a substitute for source documents, authoritative records, independent analysis, or professional judgment.
7. Customer Data, Privacy, and Model Training
Customer ownership. As between WealthStream and the customer, the customer owns and retains all right, title, and interest in Customer Data. The customer grants WealthStream a non-exclusive, worldwide, royalty-free license to use, process, store, and transmit Customer Data solely as necessary to provide the Services, perform WealthStream's obligations, and exercise its rights under the Customer Agreement.
No training for other customers without consent. WealthStream will not use Customer Data, AI Input, or AI Output to train or fine-tune any AI model, whether WealthStream's or a third party's, for the benefit of other customers without the customer's prior written consent. WealthStream may use aggregated and de-identified information for product improvement, benchmarking, and analytics when it does not identify and cannot reasonably be used to identify the customer, an Authorized User, an End Client, or another individual, and WealthStream will not attempt to re-identify that information.
Privacy roles. WealthStream's Privacy Policy governs personal information WealthStream processes for its own purposes, such as Site, marketing, account-administration, recruiting, and business-contact information. Customer Data submitted through the Services is generally processed on the customer's behalf and is governed by the Customer Agreement and Data Protection Addendum.
Security and retention. The Security page provides a high-level description of WealthStream's security practices. Specific confidentiality, security, incident-notification, audit, data-location, retention, export, deletion, and subprocessor obligations are only those stated in the applicable Customer Agreement, Data Protection Addendum, or statement of work.
8. Third-Party Services, Interfaces, and Providers
Connected systems. The Services may connect with third-party systems, data sources, identity providers, model services, or other products selected or authorized by the customer. The customer is responsible for obtaining and maintaining required rights, credentials, licenses, consents, and vendor authorizations and for configuring the scope of access and permissions.
Third-party terms and performance. A third party's terms and privacy practices govern use of that third party's product or service. WealthStream does not control and is not responsible for the availability, accuracy, security, performance, or continued operation of a third-party system. Changes made by a third party may affect an integration or feature, and WealthStream may modify or discontinue an interface when necessary for security, legal compliance, technical compatibility, or the third party's requirements.
Model providers and subprocessors. WealthStream may use model providers, cloud providers, and other subprocessors to deliver the Services. Their processing of Customer Data is governed by the applicable Customer Agreement, Data Protection Addendum, and contractual confidentiality, security, data-protection, and no-training requirements.
9. Intellectual Property and Feedback
WealthStream IP. WealthStream and its licensors own all right, title, and interest in the Site, Services, Software, documentation, AI models, algorithms, training methodologies, prompt structures, agent configurations, workflows, user interfaces, designs, templates, improvements, modifications, derivative works, and related intellectual-property rights (collectively, "WealthStream IP"). Except for the limited access rights expressly granted, no right or license is transferred by implication, estoppel, or otherwise.
Site content and marks. The Site's text, graphics, logos, videos, designs, and other content are protected by intellectual-property laws. You may view, download, or print reasonable portions for internal informational use, but may not publish, distribute, frame, mirror, sell, license, or commercially exploit them without written permission. WealthStream's name, logos, product names, and service names are WealthStream trademarks.
Feedback. If you or the customer provides suggestions, enhancement requests, corrections, ideas, or other feedback concerning the Site or Services, the customer assigns to WealthStream all right, title, and interest in that feedback, and WealthStream may use and commercialize it without restriction, attribution, or compensation, subject to the Customer Agreement's confidentiality obligations.
10. No Professional Advice or Securities Offer
No advice or fiduciary relationship. WealthStream does not provide financial, investment, tax, accounting, or legal advice and is not a registered investment adviser, broker-dealer, tax preparer, attorney, custodian, or fiduciary. No advisory, fiduciary, custodial, or agency relationship is created between WealthStream and a customer, Authorized User, or End Client.
Customer responsibility. The customer's qualified professionals, not WealthStream, are responsible for all recommendations, suitability determinations, investment decisions, tax or legal conclusions, client disclosures, and implementation. WealthStream does not guarantee a regulatory, compliance, investment, tax, financial, business, or client outcome, and the Services do not replace the customer's independent analysis, supervisory system, or standard of care.
Site information. Site content is for general informational purposes and is not an offer, solicitation, endorsement, or recommendation to buy or sell a security, financial instrument, investment product, or service. Consult appropriately qualified professionals before making decisions based on Site content.
11. Beta Features, Changes, and Availability
Beta and preview features. WealthStream may offer beta, preview, pilot, early-access, experimental, or evaluation features. Unless a Customer Agreement expressly states otherwise, these features are optional, may be incomplete or changed, may be discontinued at any time, and are provided "AS IS" and "AS AVAILABLE" without service-level, support, or warranty commitments.
Service and model changes. WealthStream may update, enhance, replace, or discontinue features, models, or integrations. Any commitment not to materially diminish paid production functionality, or to provide notice of a material deprecation, exists only as stated in the applicable Customer Agreement.
Site and forward-looking information. WealthStream may change or discontinue the Site or Site content at any time. Product descriptions, roadmaps, demonstrations, sample outputs, and references to planned or future features are illustrative and do not create a promise that a feature will be released, remain available, or produce a particular result.
12. Suspension and Termination
Suspension. WealthStream may suspend or restrict access if it reasonably determines that use creates a security risk; violates law, these Terms, or third-party rights; threatens the integrity, performance, or availability of the Site or Services; creates material liability or regulatory risk; or depends on a third-party service that has been suspended or terminated. Notice, cure rights, and suspension for nonpayment are governed by the Customer Agreement when it applies.
Termination of access. Evaluation Access and public Site access may be discontinued at any time. Production access begins, continues, renews, and terminates only as provided in the Customer Agreement. Upon termination of access, you must stop using the affected Site or Services and any rights granted under these Terms end.
Customer Data after termination. Return, export, retention, and deletion of Customer Data are governed exclusively by the applicable Customer Agreement and Data Protection Addendum. Personal information collected by WealthStream through the public Site is handled under the Privacy Policy.
Survival. Provisions that by their nature should survive will survive, including acceptable-use restrictions, AI and professional-responsibility provisions, ownership, disclaimers, liability limitations, indemnification, and general terms.
13. Disclaimers, Liability, and Indemnification
Customer Agreement controls paid Services. Express warranties, indemnification obligations, liability limitations, remedies, and risk allocations for paid production Services are only those stated in the applicable Customer Agreement. The provisions below apply only to the Site and to Evaluation Access not governed by a separate written agreement.
Disclaimers. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, EVALUATION ACCESS, BETA FEATURES, AND ALL RELATED CONTENT AND AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." WEALTHSTREAM DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, QUIET ENJOYMENT, AND RESULTS. WEALTHSTREAM DOES NOT WARRANT THAT THEY WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, CURRENT, CONSISTENT, REPRODUCIBLE, FREE FROM HALLUCINATIONS OR BIAS, OR SUITABLE FOR A PARTICULAR PERSON, REGULATORY REQUIREMENT, INVESTMENT OBJECTIVE, OR BUSINESS OUTCOME.
Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WEALTHSTREAM AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, GOODWILL, OR ANTICIPATED SAVINGS, ARISING FROM OR RELATING TO THE SITE, EVALUATION ACCESS, OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY.
Aggregate cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WEALTHSTREAM'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SITE, EVALUATION ACCESS, OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS (US $100); OR (B) THE AMOUNT, IF ANY, YOU PAID DIRECTLY TO WEALTHSTREAM FOR THE AFFECTED EVALUATION ACCESS DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED.
Your indemnification. To the extent not governed by a Customer Agreement, you will defend, indemnify, and hold harmless WealthStream and its officers, directors, employees, and agents from third-party claims arising from: (a) data or other material you submit and any lack of rights to process it; (b) your material violation of these Terms or applicable law; (c) professional advice, recommendations, disclosures, suitability determinations, or implementation decisions made by you or your organization; or (d) use or communication of AI Output without required independent professional review and verification. WealthStream will provide prompt notice and reasonable cooperation, and you may not settle a claim in a manner that admits fault by or imposes a non-monetary obligation on WealthStream without its written consent.
14. Updates and General Terms
Updates to these Terms. WealthStream may update these Terms prospectively by posting a revised version on the Site. The "Last updated" date identifies the current version. Continued use after the effective date constitutes acceptance of the revised Terms. An online update does not amend a signed Customer Agreement, which may be changed only in the manner stated in that agreement.
Governing law; courts; jury waiver. These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. The state and federal courts located in Delaware have exclusive jurisdiction over disputes arising from these Terms, the Site, or Evaluation Access, and you consent to their jurisdiction. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND WEALTHSTREAM EACH WAIVE THE RIGHT TO A JURY TRIAL.
Assignment. You may not assign or transfer these Terms without WealthStream's prior written consent. WealthStream may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any prohibited assignment is void.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, excluding payment obligations. The affected party will use commercially reasonable efforts to resume performance.
Severability; waiver; relationship. If a provision is unenforceable, it will be modified only to the minimum extent necessary and the remaining provisions will continue in effect. Failure to enforce a provision is not a waiver. The parties are independent contractors, and these Terms do not create a partnership, joint venture, employment, franchise, fiduciary, or agency relationship.
Entire agreement and precedence. These Terms, the Privacy Policy, and any additional terms expressly presented for Evaluation Access are the entire agreement concerning the public Site and Evaluation Access not governed by a separate written agreement. A Customer Agreement controls production Services and every subject it addresses.
Contact. Questions about these Terms may be submitted through the Contact page on the Site.
