Terms of Service

1. Agreement

These Terms of Service (“Terms”) govern access to and use of Plan Prospector (the “Service”), operated by Basic Capital Group Inc. (“Basic Capital”, “we”, “us”). By creating an account or using the Service, you agree to these Terms on behalf of yourself and, if you use the Service for a firm, on behalf of that firm (your “Team” or “workspace”). If you do not agree, do not use the Service.

2. The Service

Plan Prospector is a prospecting and research tool for financial-advisory firms. It surfaces information about employer-sponsored retirement plans derived primarily from publicly available U.S. Department of Labor EFAST2/Form 5500 filings and other public sources, together with company and business contact information from third-party data providers. The Service includes tools for search, mapping, list building, company and contact enrichment, and pipeline tracking. It is currently provided free of charge. We may modify, suspend, or discontinue any part of the Service at any time, and may introduce paid tiers with reasonable advance notice.

3. Eligibility and Accounts

The Service is intended for business use by professionals at financial-advisory and related firms. You must provide accurate registration information, keep your credentials confidential, and are responsible for all activity under your account and workspace. We may approve, decline, suspend, or revoke access at our discretion.

4. Acceptable Use

You agree not to:

• scrape, bulk-export, resell, or redistribute the Service’s data except through features we provide;
• use the Service or its data in violation of telemarketing, Do Not Call, anti-spam, consumer-protection, privacy, or data-protection laws;
• call, text, fax, or email a person unless you have independently established a lawful basis and completed any required consent, suppression-list, time-of-day, identification, and registration checks;
• use Service data for automated or prerecorded calls, artificial or prerecorded voice, automated text messages, unlawful bulk email, harassment, discrimination, spoofing, or other abusive outreach;
• misrepresent your identity or imply that a plan sponsor, contact, Basic Capital, or any other party endorses or is affiliated with your outreach;
• probe, disrupt, or circumvent security or usage limits, or share accounts outside your Team;
• use the Service to build a competing dataset or product;
• upload or process content you do not have the right to provide;
• use the Service in any way that would subject Basic Capital to regulatory or professional obligations you alone must satisfy.

5. Your Data

You retain ownership of data you or your Team submit to the Service in the ordinary use of your account and workspace (for example profile and settings information, CSV imports, notes, lists, pipeline entries, and plans you designate as current clients or targets) (“Customer Data”). You grant us a license to host, process, and display Customer Data solely to provide and improve the Service. You represent that you have all rights, licenses, and consents needed to submit Customer Data and to permit our processing of it under these Terms and our Privacy Policy.

6. Plan Data; No Advice

Plan-level information in the Service is derived primarily from public regulatory filings and is provided “as is.” Filings may be outdated, amended, or contain errors, and our matching, estimates, and enrichment may be imperfect. Nothing in the Service is investment, legal, tax, fiduciary, or compliance advice, and no output constitutes a recommendation regarding any retirement plan or security. Access to the Service, inclusion in the Service, and product outputs do not imply affiliation, endorsement, a fiduciary relationship, intent to influence a fiduciary decision, or willingness to engage with any user. You are solely responsible for verifying information before relying on it and for your own obligations under ERISA, securities laws, professional rules, and firm policies.

7. Business Contact Data; Outreach; Compliance

Business contact and firmographic information may be supplied by third-party providers or public sources. A phone number, email address, or other contact detail is not evidence of consent to receive calls, texts, faxes, or email, and we do not represent that a contact is absent from federal, state, or company-specific suppression lists. The Service does not provide an automated dialer or texting tool and does not perform legal-compliance screening for your outreach.

Before contacting anyone, you must verify the information, identify the person or entity whose products or services you are promoting, and comply with all applicable requirements, including without limitation the Telephone Consumer Protection Act (TCPA) and its implementing rules, the Telemarketing Sales Rule, federal and state Do Not Call rules, CAN-SPAM, state telemarketing and privacy laws, and applicable professional standards. You are solely responsible for your communications and those made by your employees, agents, contractors, and vendors. Basic Capital does not direct, control, or endorse any outreach campaign and is not a “seller,” “telemarketer,” or initiator of your communications for purposes of those laws.

8. Intellectual Property

Basic Capital and its licensors own the Service, including its software, design, and compiled datasets. We grant you a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes during the term of your access. No other rights are granted.

9. Third-Party Services

The Service relies on third-party infrastructure and data providers. Categories of providers and a current list of subprocessors are described in our Privacy Policy (available upon request where noted). We are not responsible for third-party services or the content of external sites linked from the Service.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DATA WILL BE ACCURATE OR COMPLETE. WE DO NOT WARRANT THAT USE OF THE SERVICE OR ITS DATA WILL COMPLY WITH ANY LAW APPLICABLE TO YOUR OUTREACH OR BUSINESS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BASIC CAPITAL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY. WITHOUT LIMITING THE FOREGOING, WE ARE NOT LIABLE FOR CLAIMS, FINES, OR DAMAGES ARISING FROM YOUR OUTREACH, YOUR MISUSE OF SERVICE DATA, OR YOUR VIOLATION OF TELEMARKETING, PRIVACY, OR DATA-PROTECTION LAW. OUR AGGREGATE LIABILITY ARISING OUT OF THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM OR US $100.

12. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Basic Capital and its affiliates, officers, directors, employees, and agents from and against any and all third-party claims, demands, actions, proceedings, damages, losses, liabilities, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Customer Data or other content you submit; (b) your access to or use of the Service or Service data, including any misuse, unlawful use, or unauthorized disclosure; (c) your outreach or the outreach of your employees, agents, contractors, or vendors (including alleged TCPA, TSR, Do Not Call, CAN-SPAM, state telemarketing, privacy, or data-protection violations); (d) your violation of law, regulation, or professional or firm obligations; or (e) your breach of these Terms. We may participate in the defense with counsel of our choosing at our expense; you may not settle any claim that admits liability or imposes obligations on Basic Capital without our prior written consent.

13. Termination

You may stop using the Service at any time. We may suspend or terminate access at any time, including for breach of these Terms. Upon termination we may delete Customer Data after a reasonable retention period. Sections 5–14 survive termination.

14. General

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. We may update these Terms; material changes will be posted in the Service, and continued use after changes take effect constitutes acceptance. If any provision is unenforceable, the rest remain in effect. These Terms are the entire agreement between you and Basic Capital regarding the Service.

15. Contact

Questions about these Terms: support@plan-prospector.com.