Last updated: January 2025
By accessing or using Headwall's AI-powered 401(k) platform and related services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services. These Terms constitute a legally binding agreement between you and Headwall.
You must be at least 18 years old and legally capable of entering into binding contracts to use our Services. You must be an eligible participant in a 401(k) plan sponsored by an employer that has contracted with Headwall. By using our Services, you represent and warrant that you meet these eligibility requirements.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security. We reserve the right to suspend or terminate accounts that violate these Terms or pose security risks.
Our platform provides tools for self-directed investment management within your 401(k) plan, including trading interfaces, portfolio tracking, and research tools.
We offer AI-powered model portfolios designed to align with your investment goals and risk tolerance. These models are subject to market risks and performance may vary.
Our platform includes compliance monitoring and reporting features designed to help ensure adherence to applicable regulations, though actual availability may vary based on your plan's configuration.
Demo features are read-only simulations for educational purposes and do not reflect actual account data or enable real transactions.
The platform fee is paid by your employer. Participants do not pay platform access fees for self-directed trading functionality.
AI-powered model portfolios are subject to management fees ranging from 5 to 50 basis points (bps) annually, based on the complexity and asset classes included in your model.
Participants do not pay trading fees for transactions executed through the platform. However, underlying investment products may have their own expense ratios and fees.
You may not use our Services for any unlawful purpose or in violation of these Terms. Prohibited activities include but are not limited to: attempting to gain unauthorized access to our systems, interfering with the proper functioning of the Services, using automated systems to access the platform without permission, or engaging in any activity that could harm our systems or other users.
The Services and all content, features, and functionality are owned by Headwall and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Services for their intended purpose. You may not reproduce, modify, distribute, or create derivative works based on our Services without our express written permission.
Our Services may integrate with or provide access to third-party services, websites, or applications. We are not responsible for the content, privacy practices, or terms of service of any third-party services. Your use of third-party services is subject to their respective terms and conditions.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INVESTMENT RESULTS ARE NOT GUARANTEED, AND ALL INVESTMENTS INVOLVE RISK OF LOSS. PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEADWALL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless Headwall and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or relating to your use of the Services, your violation of these Terms, or your violation of any rights of another party.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Delaware.
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our platform and updating the "Last updated" date. Your continued use of the Services after any changes constitutes acceptance of the updated Terms.
If you have any questions about these Terms of Service, please contact us at: hello@headwall.co