You acknowledge and agree that: (a) Supervision and Oversight: You are solely responsible for implementing and maintaining a reasonably designed supervisory system (including Written Supervisory Procedures under FINRA Rule 3110 or equivalent) tailored to AdvisorClaw use. This includes human review and approval of all outputs, testing for accuracy/hallucinations/bias, and ongoing monitoring. IDX provides no supervision, validation, or compliance tools.
(b) Recordkeeping: You must maintain complete, accurate, and accessible books and records of all AdvisorClaw inputs, outputs, prompts, configurations, and related activities as required by SEC Rule 204-2, SEA Rule 17a-3/4, FINRA Rule 4511, or other applicable rules. This includes retaining audit trails sufficient for regulatory examinations. You bear all costs and risks associated with such recordkeeping.
(c) Fiduciary and Best Interest Duties: AdvisorClaw outputs do not relieve you of your fiduciary duties, obligations under Regulation Best Interest (Reg BI), or duty to act in the best interests of clients. You must independently verify all outputs and exercise your own professional judgment. Use of AdvisorClaw does not constitute or imply any recommendation, advice, or endorsement by IDX.
(d) Prohibition on AI Washing and Misleading Statements:You shall not make any false, misleading, or unsubstantiated claims about AdvisorClaw, its capabilities, or your use of it in any marketing, client communications, offering materials, or public statements. You agree to indemnify IDX against any regulatory actions, claims, or losses arising from your representations regarding AdvisorClaw.
(e) Data Handling and Privacy: You shall not upload, input, or transmit any client personally identifiable information (“PII”), confidential client data, or regulated information into AdvisorClaw unless you have implemented all necessary safeguards, consents, and controls compliant with Reg S-P, GDPR, CCPA/CPRA, and other laws. You acknowledge that self-hosted deployment places all data security and breach risks solely on you. IDX disclaims any responsibility for data handled via AdvisorClaw.
(f) Vendor and Tool Oversight: You are solely responsible for due diligence, risk assessment, and ongoing oversight of AdvisorClaw as a third-party tool, including cybersecurity, model risks, and integration with your systems. You must update your compliance policies and conduct periodic reviews.