Terms of Service
These terms govern your firm's use of Nestor, a client and practice management platform provided by Matheson Holdings LLC ("Nestor", "we", "us"). By creating an account or using the service, the firm ("you") agrees to these terms.
1. The service
Nestor is software provided over the internet. It gives advisory firms a client record system, workflow tools, document collection, reporting, and a portal through which the firm's own clients can view the status of their work.
Nestor is software only. We do not hold client funds, execute trades, act as a custodian, or provide investment, tax, accounting or legal advice. Nothing produced in or by the platform is advice from us, and you remain solely responsible for the professional services you deliver to your clients.
2. Accounts and your users
You are responsible for everyone you give access to, including your staff and your own clients. That includes keeping credentials secure, granting and revoking access appropriately, and ensuring your users comply with these terms. Tell us promptly if you believe an account has been compromised.
You are responsible for having the right to provide us with any information about your clients that you put into the platform, and for any notices or consents required to do so.
3. Acceptable use
You may not use Nestor to break the law, infringe anyone's rights, send unsolicited bulk messages, upload malicious code, attempt to gain unauthorised access to the platform or another firm's data, or interfere with the service's operation. We may suspend access where we reasonably believe this clause has been breached, and we will tell you why.
4. Your data
Your data, including information about your clients, remains yours. We process it to provide the service, and on your instructions. We do not sell it, and we do not use it to train machine learning models.
Where we process personal information about your clients on your behalf, we act as a processor and you act as the controller. Our data processing terms are available on request and form part of this agreement where they apply.
You can export your data at any time while your account is active. See our Privacy Policy for how we handle personal information, how long we keep it, and who our subprocessors are.
5. Fees and billing
Subscription fees are billed to the firm in advance, monthly or annually, according to the plan in effect. Fees are based on the number of staff seats and the number of clients on the account. We may change our prices, and we will give you at least 30 days' notice before a change takes effect for your account; a change will not apply before the end of a period you have already paid for.
You may cancel at any time. Cancellation takes effect at the end of the current billing period and your account remains available until then. Fees already paid for a completed period are not refunded, except where you were charged in error or a service failure prevented you from using Nestor for a material part of that period. Our billing, cancellation and refund terms are summarised on our home page.
If an invoice is unpaid, we may suspend the account after notifying you and giving you a reasonable opportunity to resolve it.
6. Availability and support
We work to keep Nestor available and will give reasonable advance notice of planned maintenance where we can. We do not promise uninterrupted or error-free service, and we do not currently offer a contractual uptime guarantee. Support is available at support@nestorhq.app.
7. Confidentiality
Each party will protect the other's confidential information with at least reasonable care, use it only to perform this agreement, and disclose it only to people who need it and are bound by similar obligations. This does not apply to information that is public through no fault of the recipient, or that must be disclosed by law.
8. Warranties and disclaimers
We warrant that we will provide the service with reasonable skill and care. Except as stated in these terms, and to the fullest extent permitted by law, the service is provided "as is" and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.
9. Limitation of liability
Neither party is liable for indirect, incidental, special or consequential loss, or for lost profits, revenue or data, however caused. Our total liability arising out of or relating to this agreement is limited to the fees you paid us in the twelve months before the event giving rise to the claim.
Nothing in these terms limits liability that cannot be limited by law, including for fraud or for death or personal injury caused by negligence.
10. Term and termination
This agreement runs for as long as you have an account. Either party may terminate for material breach that is not cured within 30 days of written notice. We may terminate immediately where required by law or where continued provision would expose us to legal risk.
After termination we retain your data for 30 days so you can export it, after which we delete it. We will not withhold your data because of a fee dispute.
11. Changes to these terms
We may update these terms. If a change materially affects your rights we will give you at least 30 days' notice by email or in the product. Continuing to use Nestor after a change takes effect means you accept the updated terms.
12. General
These terms are governed by the laws of the State of Oregon, and the courts of Multnomah County, Oregon have exclusive jurisdiction. Neither party may assign this agreement without the other's consent, except to a successor in a merger or sale of substantially all assets. If any provision is unenforceable, the rest remains in effect. These terms, together with any data processing terms and the plan you subscribed to, are the entire agreement between us.
13. Contact
Matheson Holdings LLC
5015 NE 15th Ave, Apt 3, Portland, OR 97211
support@nestorhq.app