Last Updated: June 23, 2026
These Terms of Service ("Terms") govern access to and use of the HeldAway product and services (the "Product") provided by Distributary Inc. ("Distributary," "we," "us," or "Provider"). Please read them carefully.
If you have signed a separate Cover Page (Order Form and/or Key Terms) with Distributary that is currently in effect, that agreement governs your access to and use of the Product, and these online Terms do not apply to you to the extent of any conflict. Your separately negotiated terms control.
If you have not signed a separate Cover Page with Distributary, these Terms are your agreement with us. By signing up for an account, clicking to accept, or otherwise accessing or using the Product, you indicate your acceptance of this Agreement and agree to be bound by it. If you do not agree, do not access or use the Product.
This Agreement consists of: (1) the Order Form and (2) the Key Terms set out below (together, the "Cover Page"), and (3) the Common Paper Cloud Service Agreement Standard Terms Version 2.1 (the "Standard Terms"), which are incorporated by reference. Together, the Standard Terms and the Key Terms form the "Framework Terms." We use these common, industry-standard terms for simplicity. Any modifications made in the Cover Page below control over any conflict with the Standard Terms. Capitalized words have the meanings given in the Cover Page or the Standard Terms.
If you are accessing or using the Product on behalf of a company or other organization, you represent that you are authorized to accept this Agreement on its behalf, and "Customer" means that organization.
We may update these Terms from time to time. When we do, we will change the "Last Updated" date above and, where required, post the updated version under a new Standard Terms version. Your continued use of the Product after an update takes effect constitutes acceptance of the updated Terms.
Cloud Service: HeldAway helps investors, through Registered Independent Advisors, integrate their position-level data from accounts held away from their core custodians into their investment and financial planning processes. We provide a web-based interface for data aggregation, management, and extraction to make working with the leading portfolio management systems faster and easier, including document data extraction, organization, and supporting workflow tools.
Subscription Period: One (1) year, automatically renewing for additional one (1) year periods unless either party gives notice of non-renewal before the Non-Renewal Notice Date.
Non-Renewal Notice Date: At least thirty (30) days before the end of the current Subscription Period.
Technical Support: Standard support is provided during Distributary's normal business hours (9:00 a.m. – 5:00 p.m. ET on U.S. business days). Support channels and any scheduled coverage changes are as described in the Documentation.
Use Limitations: As described in the Documentation and the applicable plan or order.
Fees: Our fees are charged per covered end-client account, based on the precision of data required in the customer's chosen workflows, as set out at sign-up or in the applicable order.
Payment Process: Invoicing. Provider will invoice the Customer monthly. Payment is due within thirty (30) days of the Customer's receipt of the invoice. All Fees are in U.S. Dollars and exclusive of taxes.
Authorized Data (Prohibited Data authorization): The Product is designed to aggregate and process documents and data relating to investors' financial accounts, which may include financial account numbers and other categories that would otherwise be "Prohibited Data" under Section 3.2 of the Standard Terms. Customer is authorized to submit the following categories of Prohibited Data to the Product solely as necessary to use the Product: credit, debit, bank account, and other financial account numbers, and account statement data. Customer must not submit any other category of Prohibited Data (including HIPAA-regulated health information, Social Security or other government ID numbers, or GDPR special-category data) unless separately authorized by Distributary in writing.
Customer: The company or person who accesses or uses the Product. If the person accepting this Agreement is doing so on behalf of a company, "Customer" means that company.
Provider: Distributary Inc.
Effective Date / Order Date: The date Customer first accepts this Agreement.
Governing Law: The laws of the State of New York.
Chosen Courts: The state or federal courts located in New York County, New York.
General Cap Amount: The total Fees paid or payable by Customer to Provider in the twelve (12) month period immediately before the claim.
Increased Claims / Increased Cap Amount: None (not applicable).
Provider Covered Claims: Any action, proceeding, or claim that the Cloud Service, when used by Customer according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else's intellectual property or other proprietary rights.
Customer Covered Claims: Any action, proceeding, or claim that (1) the Customer Content, when used according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else's intellectual property or other proprietary rights; or (2) results from Customer's breach or alleged breach of Section 2.1 (Restrictions on Customer).
Additional Warranties: None (not applicable).
Notice Address: For Provider: legal@heldaway.ai For Customer: The main email address on Customer's account.
The complete terms governing the service, restrictions and obligations, privacy and security (including machine learning and artificial intelligence), payment and taxes, term and termination, representations and warranties, disclaimers and limitation of liability, indemnification, confidentiality, reservation of rights, general terms, and definitions are the Common Paper Cloud Service Agreement Standard Terms Version 2.1, available permanently at:
https://commonpaper.com/standards/cloud-service-agreement/2.1/