Terms of Service

1. Agreement

These Terms of Service (“Terms”) govern access to and use of PlanProspector (the “Service”), operated by Basic Capital, 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 “Organization”). If you do not agree, do not use the Service.

2. The Service

PlanProspector is a prospecting and research tool for financial-advisory firms. It surfaces information about employer-sponsored retirement plans derived primarily from public Form 5500 filings, together with tools for search, mapping, list building, and pipeline tracking. The Service 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. 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 to violate any law, including telemarketing, anti-spam, or privacy laws;
• probe, disrupt, or circumvent security or usage limits, or share accounts outside your Organization;
• use the Service to build a competing dataset or product;
• upload content you do not have the right to provide.

5. Your Data

You retain ownership of data you or your Organization submit to the Service (for example CSV uploads, book-of-business records, notes, and pipeline entries) (“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 the necessary rights and consents to submit Customer Data.

6. Plan Data; No Advice

Plan-level information in the Service is derived from public regulatory filings and third-party sources and is provided “as is.” Filings may be outdated, amended, or contain errors, and our matching and enrichment may be imperfect. Nothing in the Service is investment, legal, tax, or fiduciary advice, and no output constitutes a recommendation regarding any retirement plan or security. You are solely responsible for verifying information before relying on it and for your own compliance obligations, including those under ERISA and securities laws.

7. 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.

8. Third-Party Services

The Service relies on third-party infrastructure and data providers (see our Privacy Policy for the current list). We are not responsible for third-party services or the content of external sites linked from the Service.

9. 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.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BASIC CAPITAL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. 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.

11. 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 5–12 survive termination.

12. 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.

13. Contact

Questions about these Terms: support@basiccapital.com.