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Advisor Terms of Service

These Advisor Terms of Service ("Advisor Terms" or "Agreement") govern your participation in the Frank Finly advisor marketplace (the "Marketplace"), operated by Frank Finly LLC ("Frank Finly," "we," "us," or "our"). By registering as an advisor and using the Marketplace, you agree to these Advisor Terms. If you do not agree, do not use the Marketplace.

1. Eligibility

To participate in the Marketplace, you must be a licensed financial professional (e.g., registered investment adviser, investment adviser representative, or equivalent) in good standing in the jurisdictions where you provide services. You represent and warrant that you have all necessary licenses and authority to offer financial advisory services to users matched through our platform. We reserve the right to verify your credentials and to suspend or terminate your access if we determine, in our sole discretion, that you do not meet these requirements or have violated any applicable law or regulation.

2. Marketplace Services

Frank Finly operates a lead generation and matching platform. We connect users who complete our questionnaire with advisors who participate in the Marketplace. We do not provide financial advice, manage accounts, or endorse any advisor. We match users based on criteria such as geographic location, amount of investable assets, and preferences. Our proprietary algorithm may consider additional factors. Advisors who have purchased more leads may receive higher visibility in matches. We do not review the ongoing performance of any advisor, participate in the management of any user's account, or provide advice regarding specific investments.

3. Lead Purchase and Payment

Advisors purchase leads (contact information and profile data of matched users) through the Marketplace. Payment terms will be specified at the time of purchase. We utilize third-party payment processors ("Payment Provider") to process payments. You must provide our Payment Provider with a valid payment method as a condition to such transactions. The Payment Provider's policies govern the processing of your payment, and you must refer to those policies and not these Advisor Terms to determine your rights and liabilities with respect to payment processing. By providing your payment information through the Site and Marketplace, you authorize us through our Payment Provider to charge you for all fees and charges due and payable hereunder. We reserve the right at any time to change our payment terms, either immediately upon posting on the Site or by email delivery to you.

Payment processing details to be added when provider is set up. When a payment provider is established, we will update these terms and notify participating advisors.

4. Taxes

The fees for leads are net of any applicable sales tax, VAT, or similar taxes. If the fees are subject to such taxes in any jurisdiction, you will be responsible for payment of such taxes, and any related penalties or interest, and will indemnify us for any liability or expense we may incur in connection therewith. We may automatically charge and withhold such taxes within any jurisdictions that we deem required.

5. Refund Policy

You may request a refund within 7 days of purchasing a lead if the lead does not meet the criteria specified at the time of purchase (e.g., incorrect or non-functional contact information, user outside your service area, duplicate lead). Refund requests must be submitted in writing to marketing@frankfinly.com with details of the lead and the reason for the request. We will review each request on a case-by-case basis. Refunds are not guaranteed and are at our sole discretion. We do not refund leads that have been contacted, where the user has opted out, or where we determine the request does not meet our refund criteria. Our refund policy may be updated from time to time; the policy in effect at the time of your purchase will apply.

6. Use of Lead Information — Confidentiality

Lead information is confidential and is provided solely for the purpose of contacting the user about financial advisory services. You agree to treat all lead information as confidential and to use it only in accordance with these Advisor Terms and applicable law. You may not:

  • Resell, share, transfer, or disclose lead information to any third party
  • Use lead information for purposes other than offering your advisory services to the specific user to whom the lead relates
  • Contact users who have opted out or requested no further contact
  • Use lead information in violation of applicable laws (including the Telephone Consumer Protection Act (TCPA), CAN-SPAM, and state privacy laws)
  • Add lead information to any database, list, or marketing campaign other than for the purpose of contacting that specific user about your services

Users have consented to be contacted by matched advisors. You must comply with all applicable telemarketing and privacy laws when contacting leads. Upon termination of your participation in the Marketplace, you must promptly delete or destroy all lead information in your possession, except as required to comply with your record-keeping obligations under applicable law.

7. Intellectual Property

The Marketplace, our technology, and all content, materials, and information made available through the Marketplace are proprietary to us or our licensors. You may not copy, modify, distribute, sell, or create derivative works from any part of the Marketplace or our technology without our prior written permission. You may not use our name, logo, or trademarks without our prior written consent. We grant you a limited, non-exclusive, non-transferable license to access and use the Marketplace solely for the purpose of participating as an advisor in accordance with these Advisor Terms.

8. Compliance and Representations

You are solely responsible for your compliance with all applicable laws, including securities regulations, fiduciary duties, consumer protection laws, and advertising rules. You represent and warrant that: (i) you have all necessary licenses and authorizations to provide financial advisory services in the jurisdictions where you operate; (ii) you will not make any false or misleading statements to users; (iii) you will comply with all applicable laws when contacting and advising users; and (iv) you will not use the Marketplace for any unlawful purpose.

Frank Finly is not responsible for your conduct, advice, or any disputes between you and users. We do not verify the accuracy of user-provided information, and we do not endorse, supervise, or guarantee the performance of any advisor. Any relationship you form with a user is solely between you and that user.

9. Disclaimer of Warranties

THE MARKETPLACE AND LEADS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE MARKETPLACE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT LEADS WILL RESULT IN ANY PARTICULAR OUTCOME (E.G., CLIENT ACQUISITIONS). WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR QUALITY OF ANY LEAD INFORMATION.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRANK FINLY AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE MARKETPLACE, YOUR RELATIONSHIP WITH ANY USER, OR ANY LEAD INFORMATION. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE ADVISOR TERMS OR THE MARKETPLACE EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify, defend, and hold harmless Frank Finly, our affiliates, officers, directors, employees, and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or related to: (i) your use of the Marketplace or lead information; (ii) your violation of these Advisor Terms; (iii) your violation of any applicable law or the rights of any user or third party; (iv) your provision of financial advice or services to any user; or (v) any dispute between you and any user. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

12. Modifications

We may modify these Advisor Terms from time to time. We will notify you of material changes by posting the updated Advisor Terms on this page and/or by email. Your continued use of the Marketplace after such modifications constitutes your acceptance of the updated Advisor Terms. If you do not agree to the modifications, you must cease use of the Marketplace. We may also modify or discontinue the Marketplace or any feature thereof at any time, with or without notice.

13. Termination

We may suspend or terminate your access to the Marketplace at any time, with or without cause, with or without notice. You may terminate your participation by ceasing use and contacting us. Upon termination, you must immediately cease use of the Marketplace and any lead information obtained through the Marketplace. Sections 6, 7, 9, 10, 11, 14, and 15 will survive termination. Termination does not entitle you to any refund of fees previously paid.

14. Governing Law and Disputes

These Advisor Terms are governed by the laws of Georgia (the country), without regard to conflict of law principles. Any disputes arising from or related to these Advisor Terms or the Marketplace shall be resolved exclusively in the courts of Georgia. You consent to the personal jurisdiction of such courts. You may not assign or transfer your rights or obligations under these Advisor Terms without our prior written consent. We may assign our rights and obligations without restriction.

15. General

These Advisor Terms constitute the entire agreement between you and Frank Finly regarding the Marketplace and supersede all prior agreements. If any provision of these Advisor Terms is held to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision will not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us.

16. Contact

For questions about these Advisor Terms:

Frank Finly LLC
Georgia, Kobuleti Municipality, Tsikhisdziri Village, 10th Street, No. 2
Email: marketing@frankfinly.com

See also our general Terms of Service and Privacy Policy.