Terms and Conditions

1. These Terms

These Terms and Conditions (these “Terms”) govern access to and use of the Living My Plan™ platform (the “Platform”) by advisory firms, their advisors, and their team members (collectively “you” or the “Advisor Firm”). The Platform is owned and operated by 49Maple Inc., operating as Living My Plan (“Living My Plan”, “we”, “us”, or “our”).

The Platform is separate and distinct from any client-facing service plan page a client of yours may view. Your clients’ use of a service plan page is governed by a separate Client Terms of Use, and by any consent your firm obtains directly from your clients.

By creating an account, accessing the builder, or otherwise using the Platform, you confirm that you have authority to bind the Advisor Firm to these Terms, and that the Advisor Firm agrees to be bound by them.

2. Eligibility and Accounts

The contracting party under these Terms is the advisory firm or practice (the “Advisor Firm”), not any individual advisor personally. Individual advisors and team members access the Platform as authorized users acting on behalf of the Advisor Firm.

• The Advisor Firm is responsible for all activity that occurs under its account, including activity by every advisor and team member it authorizes to access the Platform.
• The Advisor Firm is responsible for the accuracy of information it provides to us, and for keeping login credentials, PINs, and access links confidential and secure.
• The Advisor Firm is responsible for promptly removing access for any advisor or team member who leaves the firm or should no longer have access.
• We may suspend or terminate access for any account used in violation of these Terms or applicable law.

3. Subscription and Payment

Access to the Platform is provided on a subscription basis, as described in your order or account setup. Fees are billed in advance on the applicable billing cycle unless otherwise agreed in writing. Except where required by law, fees are non-refundable.

If a payment is declined, past due, or reversed, we may suspend access to the Platform until the account is brought current.

4. Permitted Use of the Platform

Subject to these Terms and payment of applicable fees, we grant the Advisor Firm a limited, non-exclusive, non-transferable right to access and use the Platform to create, manage, and present service plans to its own clients.

You agree not to:

• Use the Platform for any client relationship you are not authorized to serve, or on behalf of any firm other than the Advisor Firm;
• Copy, reproduce, reverse-engineer, decompile, or attempt to derive the source code, structure, methodology, or underlying design of the Platform;
• Resell, sublicense, or provide access to the Platform to any third party outside your firm;
• Use automated tools to scrape, extract, or systematically copy content, layouts, or structure from the Platform, other than the audit/export functionality we provide;
• Interfere with the security, integrity, or normal operation of the Platform, or attempt to gain unauthorized access to any account other than your own.

5. Data You Input; Restrictions on Sensitive Information

The Platform is designed to hold ordinary service-planning information, such as client names, general life circumstances, and category-level financial information, for example the type of account a client holds and whether it is held on-book or off-book. It is not designed to hold detailed account values, balances, or sensitive identifiers.

You are solely responsible for the information your firm and its advisors input into the Platform, including any free-text notes. You agree not to input any Social Insurance Number, full account or policy number, banking or payment credential, government-issued identification number, password, or comparable sensitive identifier into the Platform. If any such information is entered in violation of this section, you remain responsible for it, and you agree to indemnify us as described in Section 15 for any loss, claim, or regulatory exposure that results.

6. Client Eligibility

The Platform is intended for use with clients who are 18 years of age or older. The Advisor Firm is responsible for confirming that any individual it adds as a client, or names within a service plan, meets this requirement, and for obtaining any consents needed from their own clients to use the Platform for that relationship.

7. Intellectual Property

Our IP. Living My Plan owns all right, title, and interest in and to the Platform, including its software, back-end builder, pre-built activities, compliance items and resources, templates, workflows, methodology, scoring and progress logic, layout, field structures, design, and any content created by our team for the Platform (collectively, “Our IP”). Nothing in these Terms transfers ownership of Our IP to you. Where an Advisor Firm customizes a pre-built template or activity, the underlying template and methodology remain Our IP; the Advisor Firm’s specific customizations and the client-specific application of it belong to the Advisor Firm as described below.

Your content and client data. As between you and us, the Advisor Firm owns any content it adds to the Platform (including notes, uploaded documents, and configuration choices) and any client data and information it places into the Platform. We claim no ownership over this content or data.

Aggregated and de-identified data. We may create, use, and disclose aggregated or de-identified data derived from use of the Platform (for example, benchmarking or product-improvement statistics that do not identify any individual firm or client) for our business purposes, including improving the Platform and understanding how it is used.

Living My Plan and the Living My Plan logo are trademarks of 49Maple Inc. Nothing in these Terms grants you any right to use our trademarks except as necessary to access and use the Platform as intended.

8. Confidentiality

In the course of using the Platform, you may become aware of information about our methodology, product roadmap, pricing, or business practices that is not publicly available (“Confidential Information”). You agree to use Confidential Information only as needed to use the Platform, and not to disclose it to any third party without our prior written consent. This section survives termination of these Terms.

9. AI-Assisted Content

Some layout suggestions and resource content on the Platform may be developed with the assistance of artificial intelligence tools. All AI-assisted content is subject to human review before it is made available on the Platform. We do not represent that AI-assisted content is free of error, and the Advisor Firm remains responsible for reviewing any resource, layout, or content before relying on it or presenting it to a client.

10. Your Regulatory Compliance Is Your Responsibility

Advisor Firms and their advisors may be subject to regulatory oversight from bodies that can include, depending on the lines of business offered, provincial insurance regulators, the Canadian Investment Regulatory Organization (CIRO), provincial securities commissions, and other applicable financial services regulators.

The Platform is a tool to help organize and document your service delivery. It does not constitute legal, compliance, or regulatory advice, and using it does not by itself satisfy any regulatory obligation you may have. You are solely responsible for ensuring that your use of the Platform, and the advice and service you provide to your clients, complies with all laws and regulatory requirements applicable to your firm and your individual registration or licensing.

11. Third-Party Integrations

The Platform may be used alongside, or integrated with, third-party tools your firm already uses, such as a CRM, secure client portal, scheduling tool, e-signature provider, survey or form tool, or compliance workflow system. We are not responsible for the availability, accuracy, security, or practices of any third-party tool, even where the Platform links to or exchanges data with it. Your use of any third-party tool is governed by your agreement with that provider.

12. Termination and Your Data

You may cancel your subscription at any time in accordance with your account settings or by contacting us. We may suspend or terminate your access for non-payment, violation of these Terms, or as otherwise permitted by law.

Before your access ends, it is your responsibility to print or export any client service audit or activity record you wish to retain, using the export functionality we provide. After access ends, your firm’s own record-keeping and regulatory retention obligations govern what you must retain, and we are under no obligation to retain, export, or provide further access to data in your account.

13. Disclaimers

The Platform is provided “as is” and “as available.” We do not guarantee that the Platform will be uninterrupted, error-free, or secure at all times. The service plan organizes and documents your advisory relationship; it does not provide financial, investment, insurance, legal, accounting, or tax advice, and no content generated or displayed by the Platform should be treated as such advice. Advice to your clients is delivered by you, not by Living My Plan.

14. Limitation of Liability

To the maximum extent permitted by law, 49Maple Inc. o/a Living My Plan, and our directors, officers, agents, employees, subsidiaries, and affiliates, will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, clients, or data, arising out of or related to your use of the Platform, even if advised of the possibility of such damages. Our total aggregate liability arising out of or related to these Terms or the Platform will not exceed the fees paid by the Advisor Firm to us in the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

15. Indemnity

Except where prohibited by law, you agree to indemnify and hold harmless 49Maple Inc. o/a Living My Plan and our directors, officers, agents, employees, subsidiaries, and affiliates from any claims, losses, damages, liabilities, and expenses, including reasonable legal fees, arising out of: (a) your use of the Platform; (b) your violation of these Terms, including Section 5 (Data You Input); (c) your violation of any law or regulatory obligation applicable to your firm; or (d) content or data you input into the Platform.

16. Dispute Resolution

If you and Living My Plan are unable to resolve a dispute through informal discussion, the parties agree to submit the dispute to a neutral mediator acceptable to both parties before commencing litigation. The mediator’s decision is not binding.

Exception for intellectual property and confidentiality. Notwithstanding the above, we are not required to pursue informal discussion or mediation before seeking injunctive or other equitable relief in court for any actual or threatened misuse of Our IP (as defined in Section 7) or breach of confidentiality (as described in Section 8). Both parties retain the right to bring an action in small claims court and to seek injunctive relief for intellectual property infringement or misappropriation.

17. Governing Law

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable in Alberta, without regard to conflict of law principles.

18. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be removed and the remaining provisions will remain in full force and effect.

19. Changes to These Terms

We may update these Terms from time to time to reflect changes in the law or in how the Platform operates. We will provide notice of material changes by email or by posting a notice within the Platform. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

20. Contact

Questions about these Terms can be directed to:

Living My Plan is a 49Maple Inc. platform. LIVING MY PLAN™ is a trademark of 49Maple Inc.