Legal

TERMS OF SERVICE

Last updated: August 12, 2026

Effective date: August 12, 2026 for new users; September 12, 2026 for existing users.

401kPro Inc DBA PlanSync AI

1. INTRODUCTION AND ACCEPTANCE

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “Customer,” or “you”) and 401kPro Inc., a Delaware corporation doing business as PlanSync AI (“Company,” “we,” “us,” or “our”), governing your access to and use of the PlanSync AI software platform and related services, including use of the platform, email and electronic communications with our team, API access, integrations, and any other digital interactions through which you access or use our services or provide data to us (collectively, the “Service”). THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS. THEY ARE LEGALLY BINDING, LIMIT OUR LIABILITY TO YOU, REQUIRE YOU TO INDEMNIFY US AND OUR AFFILIATES, AND REQUIRE YOU TO RESOLVE MOST DISPUTES THROUGH BINDING ARBITRATION RATHER THAN IN COURT. YOU ALSO WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION OR COLLECTIVE PROCEEDING. YOUR CONTINUED USE OF THE SERVICE AFTER THE EFFECTIVE DATE OF THESE TERMS AFFIRMS YOUR AGREEMENT TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OR ANY FUTURE AMENDMENTS THERETO, YOU MUST IMMEDIATELY CEASE USE OF THE SERVICE. 1.1 Agreement Formation. By clicking “I Accept,” “Sign Up,” or any similar button, by creating an account, by accessing or using the Service, or by executing an order form that references these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. This agreement is formed electronically and is valid and enforceable under the Florida Electronic Transactions Act (Fla. Stat. Ch. 668) and the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.). 1.2 Authority to Accept. You represent and warrant that: (a) you have the legal capacity and authority to enter into this agreement; (b) if you are accepting these Terms on behalf of an entity, you have the authority to bind that entity to these Terms; and (c) your acceptance and performance under these Terms will not violate any other agreement to which you are a party. 1.3 Modifications. We may modify these Terms from time to time in accordance with Section 16 (Modifications to Terms). Your continued use of the Service after any such modifications constitutes your acceptance of the modified Terms.

2. DEFINITIONS

2.1 Definitions. For purposes of these Terms, the following definitions apply:

  1. “Customer Data” means all data, information, and content that you upload, submit, transmit, or otherwise provide to the Service, including but not limited to plan documents, participant data, census files, payroll data, and any other information processed through the Service.
  2. “Intellectual Property Rights” means all intellectual property rights worldwide, including but not limited to: (a) patents, patent applications, patent disclosures, and inventions; (b) trademarks, service marks, trade names, and trade dress; (c) copyrights and copyrightable works; (d) trade secrets, know-how, and other confidential information; and (e) all other intellectual property and proprietary rights.
  3. “Personal Data” means any information relating to an identified or identifiable natural person, including but not limited to participant data, employee information, and other personally identifiable information processed through the Service.
  4. “Professional User” means a financial advisor, retirement plan consultant, or other qualified professional who provides services related to employer-sponsored retirement plans and is authorized to access and use the Service on behalf of plan sponsors or participants.

3. SERVICE DESCRIPTION AND ELIGIBILITY

3.1 Service Description. PlanSync AI is a software platform designed for financial advisors, retirement plan consultants, and similar professional users that supports the management and analysis of employer-sponsored retirement plans. The platform’s features may include, but are not limited to:

  1. Ingestion and organization of plan, participant, and census data, including through customer-authorized payroll and recordkeeping integrations;
  2. Analysis and benchmarking of plan data, including fee and fund analysis;
  3. Document and data extraction capabilities;
  4. Reporting and the generation of plan-related documentation;
  5. Participant and plan data segmentation and insights to support advisor decision-making;
  6. Related tools for managing advisor workflows and administrative tasks;
  7. Data visualization and dashboard functionality; and
  8. Such other features as we may add to the Service from time to time.

The specific features available to you depend on your subscription tier and the plan or order selected at purchase. We reserve the right to modify, enhance, or discontinue any features of the Service at any time, provided that any material reduction in functionality will be subject to the notice provisions in Section 16. 3.2 Professional Tool Disclaimer. The Service is a tool for use by professional users and does not provide investment, tax, legal, accounting, or fiduciary advice. You acknowledge and agree that the Service is designed to assist qualified professionals in their analysis and management of retirement plans, but does not replace professional judgment, expertise, or compliance with applicable professional and fiduciary obligations. 3.3 Eligibility Requirements. To use the Service, you must:

  1. Be at least eighteen (18) years of age;
  2. Be a qualified professional authorized to provide services related to employer-sponsored retirement plans, or be acting under the supervision of such a professional;
  3. Have the legal authority to enter into this agreement;
  4. Provide accurate and complete registration information;
  5. Maintain the security and confidentiality of your account credentials; and
  6. Comply with all applicable laws and professional obligations in your use of the Service.

3.4 Geographic Restrictions. The Service is intended for use within the United States and its territories. We make no representation that the Service is appropriate or available for use in other jurisdictions, and accessing the Service from territories where its contents are illegal or prohibited is forbidden. 3.5 License to Use the Service. Subject to your compliance with these Terms and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service during your subscription term, solely for your internal business purposes as a Professional User and in accordance with these Terms and any applicable order. We reserve all rights not expressly granted to you. This license does not include any right to resell, sublicense, or make the Service available to any third party except as expressly permitted in these Terms, and it is subject to the restrictions set forth in Section 6.

4. ACCOUNT REGISTRATION AND SUBSCRIPTION TIERS

4.1 Account Registration. To access the Service, you must create an account by providing accurate, current, and complete information as prompted by our registration process. You agree to maintain and promptly update your account information to ensure it remains accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. 4.2 Subscription Tiers. We offer multiple paid subscription tiers with differing feature sets, designed for business customers including financial advisors and firms. Currently, no free tier is offered, though we may add or modify tiers, including a possible free tier, in the future. The specific features, limitations, and fees for each tier are as described in the applicable order form, quote, or plan selected at the time of purchase. We may also offer free trial, beta, pilot, or evaluation access from time to time at our discretion; the scope, duration, and any conditions of such access are as described in the applicable order form or offer, and we may modify, limit, or discontinue such access at any time. 4.3 Account Security. You agree to:

  1. Use a strong password and keep your login credentials confidential;
  2. Notify us immediately of any unauthorized use of your account or any other breach of security;
  3. Log out of your account at the end of each session;
  4. Accept responsibility for all activities that occur under your account; and
  5. Implement appropriate security measures to protect access to the Service from your systems and networks.

We are not responsible for any unauthorized accounts that may appear on the Service, and in the event of any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate in our sole and exclusive discretion, with or without notice. We may assume that any transaction, order, input, or communications we receive through your account or credentials have been made or authorized by you. We expressly disclaim any liability from misuse of any and all accounts or credentials, and in no event will we be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction taken under this provision; (ii) any compromise of the confidentiality of your account or other identification or credentials; or (iii) any unauthorized access or use of your account or credentials. You agree to defend, indemnify, and hold us and our affiliates harmless from and against all third-party claims, damages, and expenses (including reasonable attorney’s fees) against or incurred arising out of use or access of the Service by anyone accessing the Services using your account or other identification or credentials. 4.4 Account Verification. We may require verification of your professional credentials, business information, or other details before activating your account or providing access to certain features. You agree to provide such verification promptly upon request and acknowledge that failure to provide adequate verification may result in suspension or termination of your account. 4.5 Multiple Users. If your subscription permits multiple users within your organization, you are responsible for ensuring that all authorized users comply with these Terms. You will be liable for any violations of these Terms by your authorized users, and you agree to implement appropriate policies and controls to ensure compliance.

5. PAYMENT TERMS AND REFUNDS

5.1 Subscription Fees. We offer our customers an automatic, recurring subscription to our Service and the products and services offered on the Service in a frequency, quantity, and variety of their choosing based on the options available (each a “Subscription”). Subscription fees are not fixed in these Terms but depend on the number of plans, the features selected, and the tier or plan chosen, as set out in the applicable order form, quote, or plan selected at the time of purchase. Fees are described and agreed upon at the point of purchase and may be updated for future terms in accordance with these Terms. The order form or plan selected, together with these Terms, governs the fees payable. When you enroll in a Subscription, you agree to pay all subscription fees in accordance with these terms and the subscription tier(s) selected. You affirmatively and expressly authorize us to charge your payment provider when your Subscription begins, and again at the beginning of any subsequent renewal term. If your payment details change, your card provider may provide us with the updated payment details. We reserve the right to use these updated details for future charges in order to help prevent any interruption to the delivery of the Service. 5.2 Payment Methods. We accept payment by credit card, ACH transfer, and wire transfer. You authorize us to charge your designated payment method for all fees due under your subscription. If payment by credit card, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge such payment method for all fees due. 5.3 Billing and Payment Terms. Unless otherwise specified in your order form:

  1. Subscription fees are billed in advance on a monthly or annual basis, as selected;
  2. Payment is due within thirty (30) days of the invoice date;
  3. All fees are non-refundable except as expressly provided in these Terms;
  4. You are responsible for all taxes, duties, and assessments associated with your purchase, except for taxes based on our net income; and
  5. Late payments may be subject to a service charge of one and one-half percent (1.5%) per month or the maximum rate permitted by law, whichever is less.

Upon renewal of your Subscription, if we do not receive payment from your payment provider, (i) you agree to pay all amounts due on your account upon demand and (ii) you agree that we may either terminate or suspend your Subscription and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). By purchasing a Subscription, you acknowledge and agree that PAYMENTS ARE CHARGED ON THE DAY YOU SIGN UP FOR THE SUBSCRIPTION AND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT EITHER A MONTHLY, BI-MONTHLY, OR QUARTERLY FREQUENCY, DEPENDING ON THE SUBSCRIPTION OPTION YOU SELECT, AT THE PRICE PRESENTED TO YOU AT CHECKOUT, WHICH WILL DEPEND ON THE PRODUCT YOU DECIDE TO PURCHASE AND ANY APPLICABLE TAX. YOUR SUBSCRIPTION WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY YOU OR TERMINATED BY US IN ACCORDANCE WITH THESE TERMS. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS TO AVOID INCURRING A SUBSCRIPTION FEE FOR THE NEXT RENEWAL TERM. 5.4 Fee Changes. We may change our fees for future subscription periods by providing you with at least thirty (30) days’ advance written notice. Fee changes will not affect the current subscription period but will apply to subsequent renewals unless you terminate your subscription before the fee change takes effect. 5.7 Disputed Charges. If you dispute any charges, you must notify us in writing within sixty (60) days of the charge date. We will investigate all disputed charges in good faith and work with you to resolve any billing errors.

6. USER RESPONSIBILITIES AND PROHIBITED CONDUCT

6.1 General Responsibilities. You are responsible for:

  1. Ensuring that your use of the Service complies with all applicable laws, regulations, and professional obligations;
  2. Maintaining the accuracy, completeness, and currency of all information you provide;
  3. Obtaining all necessary consents, authorizations, and permissions before uploading or connecting any data to the Service;
  4. Implementing appropriate security measures to protect your account and any data you access through the Service;
  5. Training your authorized users on proper use of the Service and these Terms;
  6. Monitoring your account for unauthorized access or suspicious activity; and
  7. Promptly reporting any security incidents or suspected violations of these Terms.

6.2 Data Authority and Consent. You represent and warrant that:

  1. You have the legal authority to upload, submit, or connect all Customer Data to the Service;
  2. You have obtained all necessary consents from data subjects for the processing of Personal Data through the Service;
  3. Your use of the Service will not violate any privacy laws, professional obligations, or contractual commitments;
  4. All Customer Data is accurate and complete to the best of your knowledge; and
  5. You will not upload or connect data of individuals under eighteen (18) years of age.

6.3 Prohibited Activities. You agree not to, and not to permit any third party to:

  1. Violate any applicable law, regulation, or professional obligation, including any duty owed to plan participants, clients, or third parties;
  2. Upload or connect data without the authority or consent required to do so, including data of individuals under eighteen (18) years of age;
  3. Submit data you are not permitted to share, or that infringes the intellectual property rights or other rights of third parties;
  4. Access or attempt to access data, accounts, or plans you are not authorized to access;
  5. Reverse engineer, decompile, disassemble, scrape, or attempt to derive the source code, algorithms, models, or underlying structure of the Service;
  6. Copy, reproduce, distribute, resell, sublicense, or provide the Service to third parties except as expressly permitted in these Terms;
  7. Use the Service to build, train, or improve a competing product, service, or machine learning model;
  8. Introduce viruses, malware, or other malicious code, or attempt to disrupt, probe, or circumvent the security or integrity of the Service;
  9. Misrepresent your identity, authority, professional status, or relationship to any plan sponsor or participant;
  10. Use the Service to provide investment, tax, legal, or fiduciary advice in a manner that violates applicable law or professional obligations;
  11. Use automated systems, bots, or scripts to access the Service except through approved integrations;
  12. Attempt to gain unauthorized access to our systems, networks, or other users’ accounts;
  13. Interfere with or disrupt the Service or servers or networks connected to the Service;
  14. Use the Service for any purpose other than the legitimate management and analysis of retirement plans by authorized professional users; and
  15. Assist or encourage any third party in engaging in any of the foregoing prohibited activities.

6.4 Professional Obligations. You acknowledge that your use of the Service does not alter or diminish your professional and fiduciary obligations to your clients and plan participants. You remain solely responsible for:

  1. Compliance with all applicable professional standards and regulations;
  2. Maintaining appropriate professional liability insurance;
  3. Providing competent and diligent professional services;
  4. Avoiding conflicts of interest and making appropriate disclosures;
  5. Protecting confidential client information; and
  6. Meeting all fiduciary duties owed to plan sponsors and participants.

6.5 Monitoring and Enforcement. We reserve the right, but have no obligation, to monitor your use of the Service for compliance with these Terms. We may investigate any suspected violations and take appropriate action, including but not limited to issuing warnings, suspending or terminating accounts, removing content, and cooperating with law enforcement authorities.

7. USER CONTENT AND INTELLECTUAL PROPERTY RIGHTS

7.1 Types of User Content. You may upload, submit, or connect various types of content and data to the Service, including but not limited to:

  1. Retirement plan documents and records, including plan documents, summary plan descriptions, and administrative records;
  2. Plan, payroll, and participant data, including data provided through customer-authorized integrations with third-party systems;
  3. Census files, spreadsheets, and demographic information;
  4. Fund and investment data, including performance metrics and fee information;
  5. Survey or questionnaire responses and participant communications;
  6. Notes, comments, annotations, or other materials entered into the platform;
  7. Reports, analyses, and documentation generated using the Service; and
  8. Any other information, data, or content you choose to upload or connect to the Service.

7.2 Ownership of User Content. You retain all ownership rights in and to your Customer Data and any other content you upload to the Service. We do not claim ownership of your content, and these Terms do not transfer any ownership rights to us. 7.3 License to Company. You grant to us a non-exclusive, worldwide, royalty-free license to use, copy, store, transmit, display, modify, and process your Customer Data solely to the extent necessary to:

  1. Provide the Service to you in accordance with these Terms;
  2. Maintain, support, and improve the Service;
  3. Ensure the security and integrity of the Service;
  4. Comply with applicable laws and legal processes;
  5. Enforce these Terms and protect our rights and property; and
  6. Perform any other activities expressly authorized by you.

This license terminates when you delete the specific content from the Service or when your account is terminated, except that we may retain copies as necessary for legal compliance, backup, or security purposes. Notwithstanding the foregoing, we will not use Customer Data to train or fine-tune artificial intelligence models except as permitted by our Privacy Policy, including any applicable consent and de-identification requirements. 7.4 Content Standards. All content you upload or submit must:

  1. Be accurate and not misleading;
  2. Comply with all applicable laws and regulations;
  3. Not infringe the intellectual property rights or other rights of third parties;
  4. Not contain viruses, malware, or other harmful code;
  5. Not violate any professional or ethical obligations; and
  6. Be appropriate for a professional business environment.

7.5 Content Moderation. While the Service is primarily designed for private business use by professional users, we reserve the right to review, monitor, and remove any content that:

  1. Violates these Terms or our policies;
  2. Infringes third-party rights;
  3. Poses security or legal risks;
  4. Is inappropriate or offensive; or
  5. Otherwise violates applicable law.

We will provide reasonable notice before removing content unless immediate removal is necessary for security, legal, or safety reasons. 7.6 Takedown Procedures. If you believe that content on the Service infringes your intellectual property rights, please contact us with the following information:

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. A description of where the allegedly infringing material is located on the Service;
  3. Your contact information, including address, telephone number, and email address;
  4. A statement that you have a good faith belief that the disputed use is not authorized;
  5. A statement that the information in your notice is accurate and that you are authorized to act on behalf of the owner; and
  6. Your physical or electronic signature.

7.7 Company Intellectual Property. The Service and all related technology, software, algorithms, user interfaces, and other materials are owned by us or our licensors and are protected by intellectual property laws. You acknowledge that the Service contains proprietary and confidential information and agree not to disclose such information to third parties or use it except as expressly permitted in these Terms. 7.8 Feedback. If you provide us with any suggestions, feedback, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into the Service without any obligation to compensate you. 7.9 Prohibition on Unauthorized Linking and Framing. Creating or maintaining any link to any page or portion of the Service, or embedding, framing, or displaying the Service or any content in any external website, application, or platform, without our prior written permission is strictly prohibited. Any link to the Service that is expressly permitted must: (a) comply with all applicable laws; (b) not damage or misrepresent our reputation or brand; (c) not suggest any form of association, approval, or endorsement by us that does not exist; and (d) comply with the content standards set forth in these Terms. We reserve the right to withdraw permission to link at any time without notice.

8. DATA PRIVACY AND PROCESSING

8.1 Privacy Policy Incorporation. Our Privacy Policy, available at https://www.plansync.ai/privacy, is incorporated into and forms part of these Terms. The Privacy Policy describes how we collect, use, disclose, and protect Personal Data and other information in connection with the Service. 8.2 Data Processing Relationship. For Personal Data that you upload or connect to the Service (including plan, payroll, and participant data), you are the controlling party and we act as a service provider or processor on your behalf, as further described in the Privacy Policy and any applicable Data Processing Addendum (“DPA”). The specific roles and responsibilities regarding Personal Data processing are set forth in the DPA, which may be executed separately and, if executed, is incorporated into these Terms. 8.3 Customer Data Responsibilities. You are responsible for:

  1. The accuracy, quality, and legality of Customer Data and the means by which you acquired it;
  2. Obtaining all necessary consents, authorizations, and permissions for the processing of Personal Data through the Service;
  3. Ensuring that your instructions for processing Personal Data comply with applicable privacy laws;
  4. Implementing appropriate technical and organizational measures to protect Personal Data;
  5. Responding to data subject requests and exercising data subject rights in accordance with applicable law; and
  6. Notifying us promptly of any security incidents involving Personal Data.

8.4 Florida Digital Bill of Rights Compliance. We handle Personal Data in accordance with our Privacy Policy and applicable data privacy laws, including the privacy laws of the states where our users and their plan participants reside. We provide the data rights and opt-out mechanisms required by those laws. Our Privacy Policy is the controlling description of how we collect, use, and disclose Personal Data. 8.5 Data Security. We implement appropriate technical and organizational measures designed to protect Customer Data against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security. 8.6 Data Location and Transfers. Customer Data may be processed and stored in the United States or other countries where we or our service providers maintain facilities. By using the Service, you consent to the transfer of Customer Data to such locations, subject to appropriate safeguards as described in our Privacy Policy. 8.7 Data Retention. We will retain Customer Data for as long as necessary to provide the Service and as required by applicable law. Upon termination of your account, we will delete or return Customer Data in accordance with the procedures set forth in Section 14 (Termination), except as required for legal compliance, backup, or security purposes. 8.8 Conflict Resolution. In the event of any conflict between these Terms and a separately executed DPA regarding the processing of Personal Data, the DPA shall control to the extent of such conflict.

9. THIRD-PARTY INTEGRATIONS

9.1 Integration Services. The Service may connect to or integrate with third-party services, including but not limited to payroll providers, recordkeeping systems, investment platforms, and other financial services providers (each, a “Third-Party Service”). These integrations are designed to enhance the functionality of the Service by allowing data import, synchronization, and workflow automation. 9.2 Customer Authorization. You may authorize connections between the Service and Third-Party Services at your discretion. By authorizing such connections, you:

  1. Grant us permission to access and retrieve data from the Third-Party Service on your behalf;
  2. Acknowledge that such access is subject to the terms and conditions of the Third-Party Service;
  3. Represent that you have the authority to authorize such access; and
  4. Accept responsibility for maintaining the security and validity of such connections.

9.3 Third-Party Terms. Your use of Third-Party Services is governed by the separate terms and conditions, privacy policies, and other agreements of those third-party providers. You are responsible for reviewing and complying with such terms. We are not a party to your agreements with third-party providers and have no control over their terms, policies, or practices. 9.4 Data from Third-Party Services. When you authorize an integration with a Third-Party Service:

  1. Data retrieved from the Third-Party Service becomes Customer Data subject to these Terms;
  2. You are responsible for the accuracy and completeness of such data;
  3. You represent that you have the necessary rights and consents to authorize the retrieval and processing of such data;
  4. We will handle such data in accordance with our Privacy Policy and these Terms; and
  5. We are not responsible for any errors, omissions, or delays in data provided by Third-Party Services.

9.5 Limitations and Disclaimers. We do not endorse, warrant, or guarantee any Third-Party Service. We are not responsible for:

  1. The availability, functionality, or performance of Third-Party Services;
  2. The accuracy, completeness, or timeliness of data from Third-Party Services;
  3. Any changes to Third-Party Service terms, policies, or functionality;
  4. Any fees charged by third-party providers;
  5. Any security breaches or data incidents involving Third-Party Services;
  6. Any disputes between you and third-party providers; or
  7. Any interruption or termination of Third-Party Service integrations.

9.6 Integration Changes. We may modify, suspend, or discontinue any Third-Party Service integration at any time, with or without notice, including due to:

  1. Changes in the Third-Party Service’s terms or policies;
  2. Technical incompatibilities or security concerns;
  3. Legal or regulatory requirements;
  4. Business decisions by us or the third-party provider; or
  5. Termination of our relationship with the third-party provider.

9.7 Customer Obligations. You agree to:

  1. Maintain valid accounts and credentials with Third-Party Services;
  2. Comply with all applicable terms and policies of Third-Party Services;
  3. Monitor the accuracy and completeness of integrated data;
  4. Promptly notify us of any issues with Third-Party Service integrations;
  5. Update integration settings and permissions as needed;
  6. Ensure that any integration with Third-Party services does not and will not cause any damage or the transmission of any harmful code, files, or data to our Service; and
  7. Accept responsibility for any consequences of your use of Third-Party Services.

10. PROFESSIONAL SERVICES DISCLAIMER

10.1 Tool, Not Advice. The Service is a software tool designed to assist qualified professionals in the management and analysis of employer-sponsored retirement plans. The Service does not constitute, and should not be construed as, investment advice, tax advice, legal advice, accounting advice, fiduciary advice, or any other form of professional advice. 10.2 Professional Responsibility. You acknowledge and agree that:

  1. You are solely responsible for all professional judgments, decisions, and advice provided to your clients;
  2. The Service is intended to support, not replace, your professional expertise and analysis;
  3. You must exercise independent professional judgment in interpreting and acting upon any information, analysis, or recommendations generated by the Service;
  4. You remain fully responsible for compliance with all applicable professional standards, regulations, and fiduciary duties;
  5. You must verify the accuracy and appropriateness of any information before relying upon it or providing it to clients; and
  6. You are responsible for ensuring that your use of the Service complies with all applicable professional and ethical obligations.

10.3 No Fiduciary Relationship. We do not act as a fiduciary to you, your clients, or any plan participants. The Service does not create any fiduciary, advisory, or agency relationship between us and you or any third party. We do not assume any fiduciary duties or responsibilities in connection with the Service. 10.4 Independent Analysis Required. Any data, analysis, benchmarking, or other information provided through the Service is for informational purposes only and should not be relied upon without independent verification and analysis. You are responsible for:

  1. Conducting your own due diligence and analysis;
  2. Verifying the accuracy and completeness of all data and information;
  3. Ensuring that any recommendations or decisions are appropriate for the specific circumstances;
  4. Obtaining additional professional advice as necessary; and
  5. Making independent determinations regarding the suitability of any investment, plan design, or other recommendations.

10.5 Regulatory Compliance. You are solely responsible for ensuring that your use of the Service and any advice or services you provide to clients comply with all applicable laws, regulations, and professional standards, including but not limited to:

  1. Securities laws and regulations;
  2. ERISA and other employee benefit laws;
  3. Tax laws and regulations;
  4. State insurance and investment advisor regulations;
  5. Professional licensing requirements; and
  6. Fiduciary duty standards.

10.6 Client Relationships. Nothing in these Terms affects your relationship with your clients or your obligations to them. You remain solely responsible for:

  1. All client communications and disclosures;
  2. Obtaining necessary client consents and authorizations;
  3. Managing conflicts of interest;
  4. Maintaining client confidentiality;
  5. Providing competent professional services; and
  6. Meeting all contractual and fiduciary obligations to clients.

10.7 Limitation of Scope. The Service is designed for use by qualified professionals and is not intended for use by individual plan participants, plan sponsors without professional guidance, or other non-professional users. We do not provide services directly to plan participants or assume any obligations to them.

11. SERVICE AVAILABILITY AND MAINTENANCE

11.1 Service Availability. The Service is provided on an as-is, as-available basis. We do not guarantee that the Service will be uninterrupted, error-free, or available at any particular uptime level. We may experience downtime due to various factors including, but not limited to:

  1. Scheduled maintenance and updates;
  2. Emergency maintenance and security patches;
  3. Third-party service provider outages;
  4. Network connectivity issues;
  5. Hardware or software failures;
  6. Cyber security incidents;
  7. Force majeure events; and
  8. Other circumstances beyond our reasonable control.

11.2 Maintenance Procedures. We may perform scheduled or emergency maintenance on the Service. We will use reasonable efforts to:

  1. Provide advance notice of planned maintenance that is expected to cause significant disruption to the Service;
  2. Schedule routine maintenance during off-peak hours when possible;
  3. Minimize the duration and impact of maintenance activities;
  4. Provide status updates during extended maintenance periods; and
  5. Restore Service functionality as quickly as reasonably possible.

11.3 Notice of Maintenance. For planned maintenance expected to cause significant service disruption, we will provide notice through one or more of the following methods:

  1. Email notification to your registered email address;
  2. In-application notifications or banners;
  3. Status page updates on our website;
  4. Other communication methods as appropriate.

We will generally provide at least twenty-four (24) hours advance notice for planned maintenance, though shorter notice may be necessary for security updates or critical fixes. 11.4 Emergency Maintenance. We may perform emergency maintenance without advance notice when necessary to:

  1. Address security vulnerabilities or incidents;
  2. Prevent data loss or corruption;
  3. Restore service functionality after an outage;
  4. Comply with legal or regulatory requirements; or
  5. Address other urgent technical issues.

11.5 Service Level Commitments. We do not provide specific uptime guarantees or service level agreements unless expressly stated in a separate written order or service level agreement executed between the parties. Any service level commitments, if provided, will be set forth in such separate agreement and will supplement these Terms.Unless otherwise agreed in writing between you and us, your sole remedy for dissatisfaction with Service uptime is to discontinue your use of the Service and cancel your Subscription, if any. 11.6 Limitation of Liability for Downtime. We are not liable for any unavailability, interruption, or downtime of the Service, including but not limited to:

  1. Lost profits or business opportunities;
  2. Data loss or corruption (subject to our backup procedures);
  3. Inability to access or use the Service;
  4. Third-party claims or demands;
  5. Costs of substitute services; or
  6. Any other direct, indirect, incidental, or consequential damages.

11.7 Backup and Recovery. We maintain reasonable backup procedures for Customer Data, but you are responsible for maintaining your own backups of critical data. We recommend that you regularly export and backup important data from the Service. 11.8 Status Communications. We will maintain a status page or similar communication channel to provide updates on Service availability, planned maintenance, and any ongoing issues. You are encouraged to monitor these communications for important Service updates.

12. LIMITATION OF LIABILITY

12.1 Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 12.2 No Warranty of Accuracy. WE DO NOT WARRANT THAT:

  1. THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS;
  2. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  3. THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE, COMPLETE, OR RELIABLE;
  4. THE QUALITY OF THE SERVICE WILL MEET YOUR EXPECTATIONS;
  5. ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR
  6. THE SERVICE WILL BE COMPATIBLE WITH ALL HARDWARE, SOFTWARE, OR SYSTEMS.

The Service may contain or provide conclusions, analysis, or other information produced by one or more artificial intelligence (“AI”) or machine learning systems. You acknowledge that the prediction accuracy of models, algorithms, or other components of any AI-based or machine learning technology can never be guaranteed. AI OUTPUTS ARE PROVIDED FOR INFORMATIONAL AND PROFESSIONAL SUPPORT PURPOSES ONLY AND DO NOT CONSTITUTE INVESTMENT, TAX, LEGAL, OR FIDUCIARY ADVICE. Use or reliance upon the outcomes or calculations provided by the Service, including any AI component thereof, is strictly at your own risk. In no event shall PlanSync or its licensors, suppliers or agents have any liability whatsoever, whether express, implied or statutory, arising from your use or reliance on any outcomes presented or otherwise calculated by the Service and the prediction accuracy of any models, algorithms, or other offerings in the Service 12.3 Limitation of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

  1. LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES;
  2. LOSS OF DATA OR INFORMATION;
  3. LOSS OF GOODWILL OR REPUTATION;
  4. BUSINESS INTERRUPTION OR DOWNTIME;
  5. COST OF SUBSTITUTE GOODS OR SERVICES;
  6. LOSS OF USE OR FUNCTIONALITY;
  7. THIRD-PARTY CLAIMS OR DEMANDS; OR
  8. ANY OTHER COMMERCIAL DAMAGES OR LOSSES.

THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 12.4 Cap on Total Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. 12.5 Essential Purpose. YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND THAT WE WOULD NOT PROVIDE THE SERVICE WITHOUT SUCH LIMITATIONS. 12.6 Exceptions. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL NOT APPLY TO:

  1. OUR WILLFUL MISCONDUCT;
  2. FRAUD OR FRAUDULENT MISREPRESENTATION; OR
  3. ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.

12.7 Allocation of Risk. THE PARTIES ACKNOWLEDGE THAT THE FEES CHARGED FOR THE SERVICE REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS ON OUR LIABILITY. 12.8 Mitigation of Damages. YOU AGREE TO TAKE REASONABLE STEPS TO MITIGATE ANY DAMAGES FOR WHICH YOU SEEK COMPENSATION, INCLUDING BY USING REASONABLE EFFORTS TO MINIMIZE BUSINESS DISRUPTION AND IMPLEMENTING APPROPRIATE BACKUP AND RECOVERY PROCEDURES.

13. INDEMNIFICATION

13.1 Customer Indemnification. You agree to defend, indemnify, and hold harmless Company, its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, demands, suits, proceedings, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

  1. Your use of the Service in violation of these Terms;
  2. Your violation of any applicable law, regulation, or professional obligation;
  3. Any Customer Data you upload, submit, or connect to the Service;
  4. Any claim that Customer Data infringes or violates the rights of any third party;
  5. Your breach of any representation, warranty, or covenant in these Terms;
  6. Your negligent acts or omissions in connection with the Service;
  7. Any professional services you provide to your clients;
  8. Your failure to obtain necessary consents or authorizations for data processing;
  9. Any unauthorized access to or use of the Service through your account; or
  10. Any claim by your clients, plan participants, or other third parties related to your use of the Service.

13.2 Company Indemnification. We agree to defend, indemnify, and hold harmless you from and against any third-party claims that the Service, when used in accordance with these Terms, directly infringes a valid U.S. patent, copyright, or trademark, provided that:

  1. You promptly notify us in writing of any such claim;
  2. You grant us sole control of the defense and settlement of the claim;
  3. You provide reasonable cooperation in the defense of the claim; and
  4. The claim does not arise from modifications to the Service not made by us, your combination of the Service with other products or services, or your use of the Service in violation of these Terms.

13.3 Remedies for Infringement Claims. If the Service becomes, or in our opinion is likely to become, the subject of an infringement claim, we may, at our option and expense:

  1. Procure the right for you to continue using the Service;
  2. Replace or modify the Service to make it non-infringing while providing substantially equivalent functionality;
  3. If the foregoing options are not commercially reasonable, terminate your access to the infringing portion of the Service and refund any prepaid fees for the terminated portion on a pro-rata basis.

13.4 Indemnification Procedures. The party seeking indemnification must:

  1. Promptly notify the indemnifying party in writing of any claim;
  2. Grant the indemnifying party sole control of the defense and settlement of the claim (provided that no settlement admitting fault or imposing obligations on the indemnified party may be made without the indemnified party’s consent);
  3. Provide reasonable cooperation in the defense of the claim; and
  4. Not make any admissions or settlements without the indemnifying party’s prior written consent.

13.5 Exclusive Remedy. THE INDEMNIFICATION OBLIGATIONS SET FORTH IN THIS SECTION CONSTITUTE THE EXCLUSIVE REMEDY FOR THIRD-PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS. 13.6 Limitations. Notwithstanding anything to the contrary in these Terms, our indemnification obligations shall not apply to claims arising from:

  1. Your modification of the Service;
  2. Your combination of the Service with other products, services, or data not provided by us;
  3. Your use of the Service in violation of these Terms;
  4. Your use of a superseded version of the Service if the infringement would have been avoided by using the current version;
  5. Customer Data or third-party content; or
  6. Your compliance with designs, specifications, or instructions provided by you.

14. TERMINATION

14.1 Term. These Terms commence on the Effective Date and continue until terminated in accordance with this Section 14. 14.2 Termination by Customer. You may terminate these Terms and your account at any time by providing thirty (30) days’ advance written notice to us. Termination will be effective at the end of your then-current billing period, and you will remain responsible for all fees incurred through the effective date of termination. 14.3 Termination by Company. We may terminate these Terms and your access to the Service:

  1. (a) Immediately upon written notice if you materially breach these Terms and fail to cure such breach within ten (10) days after receiving written notice of the breach;
  2. (b) Immediately upon written notice if you violate Section 6 (Prohibited Conduct) or engage in any illegal or fraudulent activity;
  3. (c) Immediately upon written notice if your account becomes delinquent and remains unpaid for thirty (30) days after written notice;
  4. (d) For convenience, upon thirty (30) days' advance written notice for any reason or no reason; or
  5. (e) Immediately if required by law or court order.

14.4 Suspension. We may suspend your access to the Service without terminating these Terms:

  1. If we reasonably believe you have violated these Terms;
  2. If your account becomes delinquent;
  3. If we detect suspicious or potentially harmful activity;
  4. To protect the security or integrity of the Service;
  5. To comply with legal requirements; or
  6. During investigation of potential violations.

We will provide reasonable notice of suspension when possible, except where immediate suspension is necessary for security, legal, or safety reasons.

  1. 14.5 Data Export Period. Upon termination notice (whether by you or us), we will provide you with a reasonable opportunity to export your Customer Data from the Service. The data export period will be thirty (30) days from the effective date of termination, or such longer period as may be required by applicable law.

14.6 Data Deletion. After the data export period expires, we will delete or destroy all Customer Data in our possession or control, except as required for legal compliance, backup, or security purposes. We will provide written certification of data deletion upon request. 14.7 Effect of Termination. Upon termination:

  1. Your right to access and use the Service immediately ceases;
  2. All outstanding fees become immediately due and payable;
  3. Each party must return or destroy the other party’s Confidential Information;
  4. All licenses granted under these Terms terminate;
  5. You must cease all use of our intellectual property; and
  6. The provisions of these Terms that by their nature should survive termination will continue in effect.

14.8 Survival. The following sections will survive termination of these Terms: Sections 2 (Definitions), 7 (User Contributions and Intellectual Property), 8 (Data Privacy and Processing), 10 (Professional Services Disclaimer), 12 (Limitation of Liability), 13 (Indemnification), 14.6-14.8 (Effect of Termination, Survival), 15 (Dispute Resolution), and 17 (General Provisions). 14.9 No Refunds. All fees paid are non-refundable, including in the event of termination.

15. DISPUTE RESOLUTION AND ARBITRATION

15.1 Mandatory Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between the parties (each, a “Dispute”) shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with applicable arbitration procedures, except as modified by this Section 15. 15.2 Arbitration Procedures. The arbitration shall be conducted as follows:

  1. The arbitration shall be conducted by a single arbitrator selected in accordance with AAA Commercial Arbitration Rules;
  2. The arbitration shall take place in Orlando, Florida (Orange County, Florida), or, where permitted by the AAA rules and agreed to by both parties, be conducted remotely via video conference;
  3. The arbitration shall be conducted in English;
  4. The arbitrator shall apply the substantive law of Florida, without regard to conflict of law principles;
  5. The arbitrator shall have the authority to grant any remedy that would be available in a court of competent jurisdiction;
  6. The arbitration proceedings and award shall be confidential; and
  7. Judgment upon the arbitration award may be entered in any court having jurisdiction.

15.3 Arbitration Costs. Each party shall bear its own attorneys’ fees and costs in connection with the arbitration, except that the arbitrator may award attorneys’ fees and costs to the prevailing party if permitted by applicable law. The parties shall share equally the fees and expenses of the arbitrator and the AAA, unless the arbitrator determines that one party should bear a greater portion of such costs. 15.4 Exceptions to Arbitration. Notwithstanding the foregoing, the following disputes are not subject to arbitration and may be brought in court:

  1. Claims for injunctive or equitable relief to protect intellectual property rights, Confidential Information, or trade secrets;
  2. Claims that may be brought in small claims court;
  3. Claims for violation of our intellectual property rights; and
  4. Any claim that this arbitration provision is invalid or unenforceable.

For any such claim, you irrevocably consent to the jurisdiction of the state and federal courts located in Orange County, Florida, and waive all arguments and objections to personal jurisdiction, venue, and inconvenient forum with respect to any claim brought against you in such courts. You agree that service of process in any case brought in such courts may be effected on you by either mail to your last known address or by email to the email address under which you registered for the Service, and that such service shall be deemed effective personal service of any document (including a summons and initial process) served on you by such means. 15.5 Class Action Waiver. YOU AGREE THAT ANY ARBITRATION OR COURT PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND US INDIVIDUALLY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE, COLLECTIVE, OR REPRESENTATIVE BASIS, INCLUDING PARTICIPATING IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. 15.6 Governing Law. These Terms and any Disputes shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) and the Florida Revised Uniform Arbitration Act (Fla. Stat. Ch. 682) shall govern the interpretation and enforcement of this arbitration provision. 15.7 Severability of Arbitration Provision. If any portion of this arbitration provision is held to be invalid or unenforceable, the remainder shall remain in full force and effect. If the class action waiver is held to be invalid or unenforceable, the entire arbitration provision shall be null and void, and any Disputes shall be resolved in court. 15.8 Time Limitation. Any Dispute must be commenced within one (1) year after the cause of action accrues, or such Dispute shall be permanently barred. 15.9 Informal Resolution. Before initiating arbitration, the parties agree to attempt to resolve any Dispute through good faith negotiations for a period of thirty (30) days after one party notifies the other of the Dispute in writing.

16. MODIFICATIONS TO TERMS

16.1 Right to Modify. We reserve the right to modify these Terms at any time to reflect changes in our business practices, legal requirements, or other circumstances. We will provide notice of material changes as set forth in this Section 16. 16.2 Notice of Changes. For material changes to these Terms, we will provide at least thirty (30) days’ advance notice through one or more of the following methods:

  1. Email notification to the primary contact email address associated with your account;
  2. Prominent notice within the Service interface;
  3. Posted notice on our website;
  4. Direct communication through your account representative, if applicable; or
  5. Other reasonable means of communication.

16.3 Material Changes. Material changes include, but are not limited to:

  1. Changes to the scope or nature of the Service;
  2. Changes to payment terms or fee structures;
  3. Changes to data processing or privacy practices;
  4. Changes to limitation of liability or indemnification provisions;
  5. Changes to dispute resolution procedures;
  6. Changes to termination procedures; or
  7. Any other changes that substantially affect your rights or obligations.

16.4 Non-Material Changes. For non-material changes, such as clarifications, corrections, or administrative updates, we may provide shorter notice or post the updated Terms without advance notice. Non-material changes will be effective immediately upon posting. 16.5 Acceptance of Changes. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Service and may terminate your account in accordance with Section 14. 16.6 No Right to Reject Changes. If you do not agree to material changes, you may:

  1. Terminate your account before the effective date of the changes;
  2. Continue using the Service under the existing Terms until the end of your current billing period, after which the new Terms will apply; or
  3. Contact us to discuss your concerns, though we are not obligated to modify or withdraw the proposed changes.

16.7 Version Control. We will maintain version control of these Terms and make previous versions available upon request for a reasonable period. The current version will always be available on our website and within the Service. 16.8 Conflicts. In the event of any conflict between these Terms and any order form, statement of work, or other agreement between the parties, these Terms shall control unless the other agreement expressly states that it supersedes these Terms with respect to specific provisions.

17. GENERAL PROVISIONS

17.1 Entire Agreement. These Terms, together with our Privacy Policy and any Data Processing Addendum executed between the parties, constitute the entire agreement between you and us regarding the subject matter hereof and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral. Any order forms, statements of work, or other documents referencing these Terms are incorporated herein by reference. 17.2 Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Subject to Section 15 (Dispute Resolution and Arbitration), any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Orange County, Florida, and the parties hereby consent to the personal jurisdiction and venue of such courts. 17.3 Severability. If any provision of these Terms, or any portion thereof, is held to be invalid, illegal, void, or unenforceable by any court or tribunal of competent jurisdiction, the remainder of these Terms shall remain in full force and effect to the maximum extent permitted by law. The parties agree that any such invalid, illegal, void, or unenforceable provision shall be modified and limited in its effect to the extent necessary to cause it to be enforceable, or if such modification is not possible, shall be deemed severed from these Terms. In such event, the parties shall negotiate in good faith to replace any invalid, illegal, void, or unenforceable provision with a valid, legal, and enforceable provision that corresponds as closely as possible to the parties’ original intent and economic expectations. 17.4 Waiver. No waiver of any provision of these Terms shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise expressly provided. No waiver shall be effective unless it is in writing and signed by the party against whom the waiver is asserted. 17.5 Assignment. You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign these Terms or any of our rights or obligations hereunder without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and assigns. 17.6 Force Majeure. Neither party shall be liable for any failure or delay in performance under these Terms that is due to fire, flood, earthquake, pandemic, government action, war, terrorism, network failures, or other causes that are beyond the reasonable control of such party, provided that the affected party promptly notifies the other party and uses reasonable efforts to remedy the situation. 17.7 Relationship of Parties. These Terms do not create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Neither party has the authority to make any statements, representations, or commitments of any kind on behalf of the other party. 17.8 Notices. All notices required or permitted under these Terms shall be in writing and shall be deemed given when: (a) delivered personally; (b) sent by confirmed facsimile or email (with confirmation of receipt); (c) sent by certified or registered mail, return receipt requested; or (d) sent by recognized overnight courier service. Notices to you shall be sent to the email address associated with your account. Notices to us shall be sent to the address specified in Section 19. 17.9 Headings. The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms. 17.12 Language. These Terms are written in English, and any translations are provided for convenience only. In the event of any conflict between the English version and any translation, the English version shall control. 17.13 Third-Party Beneficiaries. These Terms are intended for the benefit of the parties hereto and are not intended to confer any rights or benefits on any third party. 17.14 Compliance with Laws. Each party shall comply with all applicable laws, regulations, and professional standards in connection with its performance under these Terms. 17.15 Relationship of the Parties. For Personal Data that you upload or connect to the Service (including plan, payroll, and participant data), you are the controlling party and we act as a service provider or processor on your behalf, as further described in the Privacy Policy and any applicable Data Processing Addendum. You are responsible for the accuracy of, and for having the authority and any consents required to provide, the data you submit or connect to the Service. 17.16 Entity. These Terms are entered into with 401kPro Inc., a Delaware corporation doing business as PlanSync AI.

19. CONTACT INFORMATION

For questions about these Terms, the Service, or to provide legal notices, please contact us at: 401kPro Inc DBA PlanSync AI Attention: Cameron Abernethy, Chief Executive Officer 405 Virginia Dr Winter Park, FL 32789 Email: cameron.abernethy@plansync.ai For customer service inquiries, technical support, or general questions about the Service, you may also contact us through the support channels available within the Service or on our website. All legal notices must be sent to the address specified above and will be deemed received when actually received by us.