Adviser Terms

These Adviser Terms (“Adviser Terms”) are a legally binding agreement between you (“Adviser,” “you,” “your”) and Elision Ltd (company number 16544567), trading as Endute, a company registered in England and Wales (“Company,” “we,” “us,” “our”). They govern your use of an Endute adviser account and of the read-only view of an Endute member’s data that the member chooses to share with you (the “Adviser View”).

By setting up an adviser account, confirming that you act for a client, or using the Adviser View, you confirm that you have read, understood, and agree to be bound by these Adviser Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, you must not set up an adviser account or use the Adviser View.

These Adviser Terms apply only to your adviser account. If you also use Endute to manage your own finances, that use is governed by our Terms of Use, through a separate account.

1. Definitions

1.1. Adviser Account: the Endute account you set up as an adviser. It is used only to open the Adviser View and holds no finances of its own.

1.2. Client: an Endute member who has chosen to share the Adviser View with you.

1.3. Client Data: any information about a Client that you see or obtain through the Adviser View, including account names, balances, transactions, payees, budgets, goals, plans, and investments.

1.4. Level: how much Client Data the Client chooses to share with you. At “Overview,” you see summary information without individual transactions. At “Full,” you also see transactions, payees, and tags.

1.5. Partner: an organisation that has an agreement with us, through which a Client may have their Endute membership and which may work with advisers.

2. Eligibility and Authority

2.1. Eligibility: You must be at least 18 years old and have the legal capacity to enter into a binding contract.

2.2. Professional Capacity: You may use the Adviser View only in your capacity as a professional who advises or acts for the Client, such as a financial adviser, accountant, tax adviser, or mortgage broker, or as a person the Client has engaged to act for them in a similar capacity.

2.3. Your Confirmation: Before you can see a Client’s data, you confirm that you act for that Client. You must give that confirmation only if it is true, and you must stop using the Adviser View for a Client as soon as you no longer act for them.

2.4. Your Firm: If you act through a firm, you remain personally responsible for your use of your Adviser Account and for compliance with these Adviser Terms. Accepting these Adviser Terms does not create any agreement between us and your firm, unless your firm is a Partner.

3. Your Adviser Account

3.1. Accurate Information: You must provide your real name, a valid email address and, if you give one, your firm’s real name, and keep them up to date. We show your name and firm to the Clients who share with you.

3.2. Personal Account: Your Adviser Account is for you alone. You must not share it, your password, or your two-step verification codes with anyone, including colleagues. A colleague who needs access must be invited by the Client with their own email address.

3.3. Two-Step Verification: Two-step verification must be switched on before you can open any Client’s Adviser View, and must stay switched on while you use it.

3.4. Security: You are responsible for keeping your credentials and devices secure. You must tell us immediately at support@endute.com if you suspect any unauthorised use of your Adviser Account or any unauthorised access to Client Data through it.

3.5. Web Only: The Adviser View is available on the web only.

4. How the Adviser View Works

4.1. The Client Decides: A Client chooses whether to share with you, at which Level, and for how long. The Client can change the Level or stop sharing at any time, with immediate effect, including while you have their Adviser View open.

4.2. Read-Only: The Adviser View is read-only. You cannot change anything in a Client’s Endute, and you never see the Client’s settings, bank or brokerage connections, messages, attached files, or data exports.

4.3. One Client at a Time: You can have one Client’s Adviser View open at a time. Each visit lasts at most 30 minutes, and opening another Client’s view ends the first.

4.4. Visits Are Recorded: We record every visit you make (who opened the view, when, and for how long) and show that record to the Client. The Client may also receive an email each time you open their Adviser View, and a regular reminder of who can see their Endute.

4.5. Changes to the Adviser View: We may change, limit, or withdraw the Adviser View, or any part of it, at any time.

5. Permitted Use

You may use the Adviser View and Client Data only to advise or act for that Client, within your professional relationship with them, and only for as long as that relationship and the Client’s sharing continue.

6. Restrictions

You agree not to do any of the following:

• Use any automated means, such as bots, scripts, scrapers, or browser extensions, to access the Adviser View or to collect Client Data.
• Copy, download, export, record, or photograph Client Data, except for the notes and records that your work for that Client, or your professional or legal obligations, reasonably require.
• Disclose Client Data to anyone outside your own firm’s work for that Client, unless the law requires you to.
• Use Client Data to market products or services to the Client or to anyone else, other than as part of the advice or service the Client has engaged you to provide.
• Combine Client Data from different Clients, or with other data, for any purpose other than your work for the relevant Client.
• Use Client Data to build, train, or improve any model, dataset, or product.
• Attempt to access any data the Client has not shared with you, or any part of the Service beyond your Adviser Account and the Adviser View.
• Attempt to reverse engineer, decompile, or otherwise discover the source code or underlying structure of the Service, or interfere with its integrity, security, or performance.
• Suggest to a Client or to anyone else that the Company endorses, recommends, or supervises you or your advice.

7. Confidentiality

You must keep Client Data confidential and protect it with at least the same care you apply to your other clients’ confidential financial information, and in any case with reasonable care. This obligation continues after your access ends.

8. Data Protection

8.1. Our Role: We hold Client Data in order to provide Endute to the Client, and we show it to you only because the Client has instructed us to.

8.2. Your Role: Any Client Data you record, copy, or otherwise use outside the Adviser View, such as in your notes and client files, you hold as an independent controller under applicable data protection law, including the UK General Data Protection Regulation, the Data Protection Act 2018 and, where it applies, the EU General Data Protection Regulation. You are responsible for having a lawful basis for that use, for keeping that data secure, for how long you keep it, and for responding to the Client’s rights over it. We do not process any data on your behalf.

8.3. Data About You: We process personal data about you, such as your name, email address, firm, sign-in activity, and the record of your visits, as described in our Privacy Policy, available at endute.com/privacy-policy.

8.4. Incidents: If you become aware that Client Data obtained through your Adviser Account has been accessed, disclosed, or used without authorisation, you must tell us at support@endute.com without undue delay, and cooperate with us and the Client in dealing with it.

9. No Advice from Endute, and Your Professional Responsibility

9.1. No Advice: Endute is an informational and organisational tool. The Company is not a financial adviser, planner, broker, or tax adviser, and does not provide any financial, investment, legal, or tax advice, to you or to the Client.

9.2. Your Advice Is Yours: Any advice, recommendation, or service you give a Client is yours alone. You are solely responsible for it, including its suitability, and for complying with the laws, regulations, and professional rules that apply to you, including those of any regulator or professional body you belong to.

9.3. No Relationship: Nothing in these Adviser Terms creates any partnership, agency, employment, or endorsement between you and the Company.

10. Accuracy of Client Data

Client Data comes from the Client’s banks and other financial institutions through third-party providers, from market data sources, and from information the Client enters themselves. It may be delayed, incomplete, or inaccurate, and it is not a statement of account. You must not rely on it as an official record, and you should check anything material against original statements or documents before acting on it.

11. Advisers Who Work With a Partner

If you were invited to Endute through a Partner, the Partner’s agreement with us may set further obligations for its advisers. Where those obligations are stricter than these Adviser Terms, the stricter obligations apply. If you stop working with a Partner, your access to the Clients who shared with you through that Partner ends, but not your access to Clients who invited you directly.

12. Fees

We do not charge advisers for an Adviser Account or for the Adviser View. If we introduce paid features for advisers, we will tell you in advance, and nothing will be charged without your agreement.

13. Suspension and Termination

13.1. By Us: We may suspend or end your Adviser Account, or your access to any Client, at any time and without prior notice, including if we believe you have breached these Adviser Terms, if your account shows signs of misuse, if a Client or a regulator raises a concern, or if we withdraw the Adviser View.

13.2. By the Client: A Client may stop sharing with you at any time, and your access to that Client then ends at once.

13.3. By You: You may stop using the Adviser View at any time, and you may ask us to close your Adviser Account by contacting support@endute.com.

13.4. What Continues: Sections 6 (Restrictions), 7 (Confidentiality), 8 (Data Protection), 9 (No Advice from Endute, and Your Professional Responsibility), 15 (Disclaimers and Limitation of Liability), and 16 (Indemnification) continue to apply after your access ends.

14. Intellectual Property

The Service, including its software, design, and branding, is the exclusive property of Elision Ltd (trading as Endute) and its licensors. Client Data belongs to the Client. These Adviser Terms give you only a limited, personal, non-transferable, and revocable right to view Client Data through the Adviser View for the purposes in Section 5.

15. Disclaimers and Limitation of Liability

15.1. “As Is” and “As Available”: THE ADVISER VIEW IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WE DO NOT WARRANT THAT CLIENT DATA IS ACCURATE, COMPLETE, OR CURRENT.

15.2. Exclusion of Damages: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE ADVISER VIEW; (B) ANY RELIANCE ON CLIENT DATA; (C) ANY ADVICE OR SERVICE YOU GIVE A CLIENT; OR (D) A CLIENT CHANGING OR STOPPING WHAT THEY SHARE WITH YOU.

15.3. Liability Cap: TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE ADVISER VIEW OR THESE ADVISER TERMS SHALL NOT EXCEED ONE HUNDRED POUNDS STERLING (£100.00).

15.4. Liability We Do Not Exclude: Nothing in these Adviser Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

16. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including legal fees) arising out of (a) your use of the Adviser View or of Client Data, (b) any advice or service you give a Client, or (c) your breach of these Adviser Terms or of any law or professional rule that applies to you.

17. Changes to These Adviser Terms

We may modify or replace these Adviser Terms at any time. When we do, we will update the date at the top of this page and ask you to accept the new version before you next open a Client’s Adviser View. If you do not accept it, you must stop using the Adviser View.

18. Governing Law and Dispute Resolution

These Adviser Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of England and Wales to resolve any legal matter arising from these Adviser Terms.

19. General Provisions

19.1. Entire Agreement: These Adviser Terms, together with our Privacy Policy and, where you work with a Partner, the obligations described in Section 11, are the entire agreement between you and the Company regarding the Adviser View and supersede all prior agreements about it.

19.2. Severability: If any provision of these Adviser Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

19.3. Waiver: No waiver of any term of these Adviser Terms shall be deemed a further or continuing waiver of that term or of any other term.

19.4. Transfer: You may not transfer your Adviser Account or your rights under these Adviser Terms to anyone else. We may transfer our rights and obligations to a successor to our business.

19.5. Contact Information: For any questions about these Adviser Terms, please contact us at support@endute.com.

19.6. Registered Address: Elision Ltd (No. 16544567), 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom.