Effective Date: January 15, 2024

Terms ofService

These terms govern your relationship with Fiscus Financial and outline the rights, responsibilities, and expectations for all parties involved in our financial services.

Table of Contents

Acceptance of Terms

By accessing or using the services provided by Fiscus Financial LLC ("Fiscus," "we," "our," or "us"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Fiscus Financial.

Important Notice

If you do not agree to these Terms, you may not access or use our services. By continuing to use our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Our Services

Fiscus Financial provides comprehensive financial advisory services, including but not limited to:

Investment Management

  • Portfolio construction and management
  • Asset allocation strategies
  • Risk assessment and management

Financial Planning

  • Retirement planning
  • Tax optimization strategies
  • Estate planning coordination
Service Availability

Our services are available to qualified clients who meet our minimum investment requirements and suitability standards. We reserve the right to decline service to any prospective client at our sole discretion.

User Obligations

As a client of Fiscus Financial, you agree to the following obligations:

Accurate Information

Provide complete, accurate, and current information about your financial situation, investment objectives, and risk tolerance. Notify us promptly of any material changes.

Account Security

Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized access or suspicious activity.

Compliance

Comply with all applicable laws and regulations, including tax reporting requirements and anti-money laundering provisions.

Communication

Respond promptly to our requests for information and maintain current contact information with us.

Prohibited Activities

You may not use our services for any illegal or unauthorized purpose, including:

  • • Money laundering or terrorist financing
  • • Market manipulation or insider trading
  • • Fraudulent or deceptive practices
  • • Violation of securities laws or regulations

Fees & Payment

Fee Structure

Our fees are detailed in your Investment Advisory Agreement and may include:

Management Fees

Annual fees based on assets under management, typically ranging from 0.50% to 1.50%

Performance Fees

Additional fees based on investment performance, subject to high-water mark provisions

Planning Fees

Fixed or hourly fees for comprehensive financial planning services

Transaction Costs

Third-party costs including brokerage commissions, custodial fees, and fund expenses

Payment Terms

  • • Management fees are typically deducted quarterly from your account
  • • Planning fees are due upon completion of services or as agreed
  • • All fees are subject to applicable taxes
  • • Fee schedules may be negotiated based on account size and complexity
Fee Transparency

We provide detailed fee disclosures in our Form ADV Part 2A brochure and your Investment Advisory Agreement. All fees are clearly outlined before you engage our services.

Investment Risks

Important Risk Disclosure

All investments involve risk, including the potential loss of principal. Past performance does not guarantee future results. You should carefully consider your investment objectives, risk tolerance, and financial situation before investing.

Types of Investment Risks

Market Risk

Risk of losses due to overall market movements and economic conditions

Credit Risk

Risk that bond issuers or counterparties may default on their obligations

Liquidity Risk

Risk that investments cannot be sold quickly at fair market value

Interest Rate Risk

Risk that changes in interest rates will affect bond and stock prices

Currency Risk

Risk from fluctuations in foreign exchange rates for international investments

Concentration Risk

Risk from having too much exposure to a single investment or sector

Risk Management

We employ various risk management strategies to help protect your investments:

  • Diversification across asset classes, sectors, and geographies
  • Regular portfolio rebalancing and risk assessment
  • Stress testing and scenario analysis
  • Ongoing monitoring of market conditions and portfolio performance

Confidentiality

We are committed to maintaining the confidentiality of your personal and financial information in accordance with applicable privacy laws and professional standards.

Our Confidentiality Commitment

Information Protection

We implement robust security measures to protect your confidential information from unauthorized access or disclosure.

Limited Access

Only authorized personnel with a legitimate business need have access to your information.

Third-Party Agreements

All service providers are bound by confidentiality agreements and security requirements.

Regulatory Compliance

We comply with all applicable privacy regulations including SEC and state requirements.

Permitted Disclosures

We may disclose your information only in limited circumstances:

  • • With your explicit written consent
  • • To comply with legal or regulatory requirements
  • • To authorized service providers under confidentiality agreements
  • • In response to valid legal process (subpoenas, court orders)
  • • To protect our legal rights or prevent fraud

Intellectual Property

Our Intellectual Property

All content, materials, and intellectual property provided by Fiscus Financial, including but not limited to:

  • • Research reports and market analysis
  • • Investment methodologies and strategies
  • • Software, technology platforms, and tools
  • • Educational materials and presentations
  • • Trademarks, logos, and branding materials

These materials are protected by copyright, trademark, and other intellectual property laws and remain the exclusive property of Fiscus Financial.

Usage Rights

You are granted a limited, non-exclusive, non-transferable license to use our materials solely for your personal investment purposes. You may not:

  • • Reproduce, distribute, or publicly display our materials
  • • Create derivative works based on our content
  • • Use our materials for commercial purposes
  • • Remove or alter any copyright or proprietary notices
  • • Reverse engineer our software or technology

Third-Party Content

Our services may include content from third-party sources. Such content is provided for informational purposes only and remains the property of its respective owners. We do not endorse or guarantee the accuracy of third-party content.

Limitation of Liability

Important Legal Notice

This section contains important limitations on our liability. Please read carefully and consult with legal counsel if you have questions.

Standard of Care

Fiscus Financial agrees to provide services with the care, skill, prudence, and diligence that a prudent investment advisor would exercise under similar circumstances. However, we cannot guarantee investment results or protect against all losses.

Liability Limitations

Investment Losses

We are not liable for investment losses resulting from market conditions, economic events, or other factors beyond our reasonable control.

Consequential Damages

We shall not be liable for indirect, incidental, special, or consequential damages, including lost profits or opportunity costs.

Third-Party Actions

We are not responsible for the actions or failures of third-party service providers, custodians, or other parties beyond our control.

Technology Issues

We are not liable for losses resulting from technology failures, system outages, or communication disruptions.

Maximum Liability

In no event shall our total liability to you exceed the amount of fees paid to us in the twelve (12) months preceding the event giving rise to the claim.

Termination

Termination by Client

You may terminate our services at any time by providing written notice. Termination will be effective upon receipt of notice or as specified in your Investment Advisory Agreement.

No Penalties: There are no termination penalties or fees for ending our advisory relationship.

Termination by Fiscus

We may terminate our services with 30 days' written notice or immediately in cases of:

  • • Breach of these Terms or your Investment Advisory Agreement
  • • Failure to pay fees or provide required information
  • • Illegal or fraudulent activity
  • • Account balance falling below minimum requirements
  • • Circumstances that make it impractical to continue the relationship

Effects of Termination

Account Transfer

We will assist in transferring your assets to your designated custodian or new advisor.

Fee Proration

Management fees will be prorated to the termination date, with refunds issued as appropriate.

Record Retention

We will maintain your records as required by law and provide copies upon request.

Ongoing Obligations

Confidentiality and other surviving provisions will remain in effect after termination.

Governing Law

Applicable Law

These Terms and your relationship with Fiscus Financial are governed by the laws of the State of New York, without regard to conflict of law principles.

Dispute Resolution

Arbitration

Any disputes arising from these Terms or our services shall be resolved through binding arbitration administered by FINRA Dispute Resolution or another mutually agreed arbitration service.

Jurisdiction

If arbitration is not applicable, any legal proceedings shall be conducted in the state or federal courts located in New York County, New York.

Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitrations.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Contact Information

If you have questions about these Terms of Service or need legal assistance, please contact us:

Legal Department

legal@fiscusfinancial.com
(555) 123-4567 ext. 101

Mailing Address

Fiscus Financial LLC

Attn: Legal Department

123 Financial District

New York, NY 10004

Document Updates

These Terms of Service may be updated periodically. The current version is always available on our website, and we will notify you of material changes.