Your use of the Invest Account Services (as defined below), including your use of the segregated Invest module (the “Invest App”) of the Mostt Inc (“Mostt”) application for mobile phone, tablet or other portable devices (the “Mostt App”) and the Invest Account-related portions (the “Invest Web Pages”) of the Mostt website located at www.mostt.co (the “Website”), including, without limitation, the agreements and disclosures appearing in the Disclosure Library (as defined below), are subject to your compliance with these Mostt Investment Advisors Terms of Service for Invest Account Services (the “Terms of Service”). These Terms of Service constitute a legally binding agreement between Mostt Inc (“Mostt,” “we,” “our,” or “us”) and you, the Primary Accountholder ( as defined below), and describes the terms under which you agree to use the Invest App, the Invest Web Pages, the Disclosure Library and the Invest Account Services, regardless of how accessed, including by computer, mobile phone, tablet or any other device. “Invest Account Services” means the investment advisory services provided by Mostt Inc as a Securities and Exchange Commission (“SEC”) registered investment adviser and the brokerage services provided by Alpaca Securities LLC (“Alpaca”), a broker- dealer registered with FINRA and the SEC. An “Invest Account” is a Primary Accountholder’s brokerage account established with Alpaca, with the assistance of Mostt Inc, to hold securities and cash from the sale of or for the purchase of securities in the name of the child (“Secondary Accountholder”). If the Primary Accountholder establishes an investing portfolio for more than one child, then the Primary Accountholder will need to establish multiple Invest Accounts with Alpaca – one for each child to be able to track those investment portfolios separately. Secondary Accountholder may have limited access to the app features. In addition, the Primary Accountholder may have a separate Investment Account for their own investing purposes under the “Investing for Yourself” feature which is further described below. Mostt Inc does not hold any consumer funds; any funds that you may add/transfer to your Invest Account are solely held by Alpaca.
The Invest Account Services can be accessed through the Mostt App. Investment services are provided by Mostt Inc, an SEC registered investment adviser, as further described in the Mostt Investment Advisors Discretionary Asset Management Agreement (the “Advisory Agreement”).
To participate in the Invest Account Services, you must have a user account in “Good Standing,” which means that (i) your Primary Account has completed the account registration and verification process, (ii) your Primary Account has a positive balance and (iii) your Primary Account is current with respect to the payment of the monthly subscription fee for the Mostt Platform. You must also agree to a variety of separate agreements and disclosures which are housed in the Mostt “Document Center” link appearing in the footer of the Mostt Website or in the settings page of the Mostt App (the “Document Center”). These documents include, without limitation, the Advisory Agreement, these Terms of Service, Form ADV Part 2, the Customer Relationship Summary, the Alpaca Disclosures and Disclaimers, the Alpaca Terms of Use, the Alpaca Customer Account Agreement, the Alpaca Cash Management Program Disclosure Statement, the Alpaca Privacy Policy. Participation in the Invest Account Services is subject to approval by Mostt Inc and Alpaca Securities LLC, and the required Invest Account Services agreements and disclosures are subject to change at any time. Any revisions to existing disclosures and agreements or new disclosures and agreements will be posted in the Document Center available on the Website and in the Mostt App.
If you are eligible to participate in the Invest Account Services, you may move funds from your primary Bank Account to your Invest Account held at Alpaca and back from your Invest Account to your Bank Account. Funds transferred from your Bank Account to your Invest Account will be available within three business days although in many cases transfers may be available much sooner. Funds transferred from your Invest Account to your Bank Account will also be available within three business days although in many cases transfers may be available much sooner.
When you instruct Mostt Inc to fund your Invest Account at Alpaca through the Invest App, you are authorizing us to transfer the specified amount of funds from your Bank Account to your Invest Account. When you set up recurring investments through the Invest App, you also authorize us to transfer the corresponding amount of funds from your Bank Account to your Invest Account. If you register for any new funding account(s) in the future through the Mostt App that you wish to connect to your Invest Account, you authorize us to transfer funds from those accounts to your Invest Account, and vice versa, in the manner previously described. When you instruct Mostt to sell securities on your behalf through the Invest App, you are also authorizing Mostt to direct Alpaca to sell the applicable securities, and, if you decide not to reinvest the proceeds from the sale of securities in new securities nor retain the funds in the Alpaca Invest Account pending other securities acquisitions, and instead choose to withdraw them, you are authorizing Mostt and Alpaca to transfer the proceeds from such sale from your Invest Account at Alpaca to your primary Bank Account linked to your Mostt App.
The Invest Account Services are marketed by Mostt with different features depending on your selected plan under the following names: (i) Investing for Kids; (ii) Investing for Yourself, and (iii) Investing for Your Future Child.
“Investing for Kids” is an investment account which provides parents a managed portfolio of ETFs with five investment options based on Primary Account Holder financial profile, risk tolerance and child’s age. The Primary Accountholder (and not the Secondary Accountholder or child) will be the owner of the brokerage account established with Alpaca for buying and selling ETFs.
Under the “Investing for Yourself” feature, each Primary Accountholder will be permitted to set up an Invest Account in the Primary Accountholder’s own name and will be able to access all of the features described in connection with the “Investing for Kids” feature above. This Invest Account established for the Primary Accountholder will be in addition to any Invest Account(s) that have been established for tracking purposes for a Secondary Accountholder; provided, however, that the Primary Accountholder will, in all cases, be the record owner of all Invest Accounts that are established for a Primary Account Holder or any related child, together with all ETFs purchased for such Invest Account.
Under the “Investing for Your Future Child” feature, each Primary Accountholder will be permitted to set up an Invest Account in the Primary Accountholder’s own name and will be able to access all of the features described in connection with the “Investing for Kids” feature above until the child is born. At the time the child is born, “Investing for Your Future Child” will be converted into an “Investing for Kids” account in the name of the child.
If your Member Account is closed, your Invest Account will also be closed in accordance with the Advisory Agreement and these Terms of Service. In addition, your investments will be sold by Alpaca and any proceeds, less applicable expenses and any unpaid fees, will be distributed to the Primary Accountholder.
By using the Invest Account Services, the Primary Accountholder represents that (i) each of the Primary Accountholder is a natural person; (ii) the Primary Accountholder is at least 18 years of age (or older if you reside in a state where the age of majority is older); and (iii) access to or use of the Invest Account Services by the Primary Accountholder does not violate applicable laws. For further clarity, the Primary Accountholder (and not the child will be the owner of each Invest Account established with Alpaca even though the Invest App will track investment portfolios separately for each Primary Accountholder and/or Secondary Accountholder.
By signing up for a Primary Account, you, the Primary Accountholder, represent and warrant that you have provided us (or Mostt) with your valid Social Security Number (or last 4 digits in some cases) and that any other identifying information that may be submitted by you in order to verify your identity as well as all billing information submitted by you is also true, correct, and complete. In addition, you, the Primary Accountholder, authorize your wireless operator to disclose your mobile number and other subscriber details, if available, to Mostt Inc, and our service providers during the term of these Terms of Service, solely for identity verification and fraud avoidance purposes. Refer to the Privacy Statement for information about how we use your data.
As a condition of your use of Invest Account Services, the Invest Web Pages, and/or the Invest App, you represent, warrant and covenant that you will not use the Invest Account Services, the Invest Web Pages, and/or the Invest App for any purpose that is unlawful or prohibited by these Terms of Service. You understand, agree, and acknowledge that you may not and warrant that you will not (i) intentionally interfere with, alter, or damage operation of the Invest Account Services, the Invest Web Pages, the Invest App, or any user’s enjoyment of either the Invest Account Services, the Invest Web Pages, or the Invest App by any means; (ii) attempt to gain unauthorized access to the Invest Account Services, the Invest Web Pages, the Invest App, or any part of either the Invest Account Services, the Invest Web Pages, or the Invest App, or other accounts, computer systems, or networks connected to the Invest Account Services, the Invest Web Pages, or the Invest App; or (iii) disable, circumvent, or otherwise interfere in any way with Mostt security-related features.
Funds may be added to your Primary Account, called “contribution”, at any time, subject to any restrictions in the Mostt Terms of Service. The initial contribution, as well as each additional contribution, is referred to in the Mostt Terms of Service as a “contribution.” In addition to the contribution methods set forth in those documents, your Primary Account may be funded via a transfer from your Invest Account held at Alpaca.
The Primary Accountholder may load funds to your Primary Account by authorizing Mostt, through the Invest App, to direct the transfer of funds from your Invest Account to your linked bank account. Such authorization shall be provided by the Primary Accountholder, to Mostt via the Invest App.
In no event shall Mostt be held liable for accurately processing any transfer from your Invest Account to your bank account pursuant to a request and authorization received from the Primary Accountholder or any other third party accessing the Invest App with the Primary Accountholder’s log-in access credentials.
By submitting any information to Mostt through your access to and use of the Invest Account Services (each, a “Submission”), you are licensing that Submission to Mostt solely for the purpose of providing the Invest Account Services, and you represent that you are entitled to do so for this purpose. Further, if you respond to any surveys or interviews about the Invest Account Services or provide feedback about any Mostt prototype products and services (collectively, “Feedback”), then you agree that Mostt, in its sole discretion, can use that Feedback in any way, including in future enhancements and modifications to the Invest Account Services. You hereby grant to Mostt and its assigns a perpetual, worldwide, fully transferable, sub-licensable, fully paid-up, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Submission and the Feedback in any manner for any purpose, whether in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party. We retain all right, title, and interest (including all copyright, trademark, patent, trade secrets and all other intellectual property rights) in our Invest Account Services, the Invest Web Pages, and the Invest App, as well as our trademarks, service marks, designs, logos, URLs, and trade names that are displayed in connection with our Invest Account Services, the Invest Web Pages, and the Invest App.
PLEASE REVIEW THE PRIVACY STATEMENT CAREFULLY. You agree that we may use your Personal Information in accordance with our Privacy Statement, which is incorporated by reference into these Terms of Service. You expressly authorize Mostt, its agents, and its employees to obtain various information about you (or about any minor child that you have enrolled) as we deem reasonably necessary or desirable in the course of delivering the Invest Account Services.
Moreover, by using the Invest Account Services, the Invest Web Pages, and/or the Invest App, you acknowledge and agree that perfect security does not exist, internet transmissions may not be secure, and that a third party may intercept information that you provide to or receive from the Invest Web Pages and/or the Invest App, despite our efforts to protect any such transmissions. You further agree you will protect your Personal Information, as that term is used in the Mostt Privacy Statement, in a reasonable way at all times. Accordingly, you will not recklessly disclose or publish your Personal Information. You also agree that you will, upon request from us, immediately remove from your computer or mobile device any software that we notify you poses a security risk. You are responsible for maintaining the confidentiality of any password associated with your use of the Invest Account Services, as well as any activity within the Invest Account Services using your password(s).
TO THE EXTENT PERMITTED BY APPLICABLE LAW, MOSTT INC (INCLUDING OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), OUR AFFILIATES, SUBSIDIARIES, AND SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; LOSS OF PROFITS, DATA, GOODWILL, OR ANY OTHER INTANGIBLE LOSSES; COMMUNICATION SYSTEM FAILURES OR ANY FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, INCLUDING YOUR MOBILE PHONE OR OTHER DEVICE, ANY INTERNET SERVICE, ANY MOBILE PHONE NETWORK OR ANY OTHER COMMUNICATION NETWORK, OR ANY PAYMENT SYSTEM. WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY PROVISIONS, IN THE EVENT THAT WE ARE HELD LIABLE FOR DAMAGES TO YOU IN A COMPETENT LEGAL PROCEEDING, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY MOSTT INC SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.
NOTWITHSTANDING THE FOREGOING OR ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE, IN NO EVENT SHALL THESE TERMS OF SERVICE CONSTITUTE A WAIVER OR LIMITATION OF ANY RIGHTS THAT YOU MAY HAVE UNDER FEDERAL OR STATE SECURITIES LAWS TO PURSUE A REMEDY BY OTHER MEANS IF AND TO THE EXTENT SUCH RIGHTS CANNOT BE WAIVED OR LIMITED.
These Terms of Service and any Invest Account Services provided hereunder will be governed by and construed in accordance with the laws of the State of Delaware, without regard to any laws that would direct the choice of another state’s laws and, where applicable, will be governed by and construed in accordance with the federal laws of the United States.
SUBJECT TO THE LAST PARAGRAPH UNDER THE HEADING “LIMITATION OF LIABILITY” AND EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THESE TERMS OF SERVICE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE INVEST ACCOUNT SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE AVAILABILITY OR OPERATION OF THE INVEST ACCOUNT SERVICES OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE INVEST ACCOUNT SERVICES IS AT YOUR OWN RISK.
We will charge a membership fee (i.e., service fee) for the use of our mobile application. Upon completion of enrollment for an investment account and access to the interactive platform you will be given the options to select a membership fee of either $4.99 monthly or $49.99 annually, payable in advance with a 30-day free trial. We offer a lifetime membership fee of $149.99 which is billed as a one-time fee, payable in advance.
All membership fees are non-negotiable and are due during the application process.
You may terminate your membership by canceling your account through the mobile application and pausing subscription service via ApplePay or GooglePay. When canceling a subscription, it will remain active until the conclusion of the current billing period.To avoid incurring additional charges, it is recommended to cancel the subscription at least 24 hours prior to the commencement of the next billing cycle.
You agree to defend, indemnify, and hold harmless Mostt Inc, and their respective officers, directors, agents, affiliates, subsidiaries, joint ventures, licensees, employees, shareholders, and any third-party partners, from and against all damages, expenses, losses, costs, or any other claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, or your violation of any law or regulation, or the rights of any third party.
This Advisory Agreement will continue in effect until terminated by either party by delivering written notice of termination to the other party, via email or regular mail to the address of record. In the event the Advisory Agreement is terminated, any fees that are due, but have not been paid, are due and payable immediately, and may be deducted by Mostt from the proceeds of any sale of securities from your Invest Account prior to the disbursement of any proceeds either to your Bank Account or otherwise.
Notwithstanding the foregoing or anything to the contrary in this Advisory Agreement, in no event shall this Advisory Agreement constitute a waiver or limitation of any rights that Client may have under federal or state securities laws if and to the extent such rights cannot be waived or limited.