Terms of Service
Effective Date: January 4, 2025
⚠️ CRITICAL NOTICE - READ CAREFULLY
THIS SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES. By using this Service, you acknowledge:
- We are a technology startup WITHOUT SOC 2, ISO 27001, or similar compliance certifications
- The software may contain bugs, errors, or inaccuracies
- DOL Form 5500 data is sourced from public databases and may be outdated or incomplete
- YOU are responsible for verifying all data and analysis results
- This tool DOES NOT replace your professional fiduciary obligations
- We have LIMITED LIABILITY as detailed in Section 11 below
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Simple Advisor Tools LLC ("Company," "we," "us," or "our"), a Florida limited liability company, governing your access to and use of the Rollover Analysis Tool platform at rolloveranalysistool.com (the "Service").
BY CHECKING THE "I AGREE" BOX, CREATING AN ACCOUNT, OR USING THE SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree, do not use the Service.
2. Eligibility and User Requirements
To use this Service, you must:
- Be at least 18 years of age
- Be a licensed financial advisor, investment professional, or similar fiduciary in good standing
- Have authority to bind your firm/organization to these Terms if registering on behalf of an entity
- Be located in the United States (Service not available outside US)
- Comply with all applicable federal and state laws, including FINRA, SEC, and DOL regulations
You represent and warrant that you meet these requirements. We reserve the right to verify your credentials and terminate accounts that do not meet eligibility requirements.
3. Service Description
The Service provides software tools to assist financial advisors in analyzing retirement account rollovers, including:
- Access to Department of Labor (DOL) Form 5500 database
- Rollover cost comparison calculators
- Fee analysis and service comparison tools
- PDF report generation for client documentation
- Analysis templates for various rollover scenarios
IMPORTANT LIMITATIONS: This Service is a TOOL to assist in analysis. It does NOT:
- Provide investment advice or recommendations
- Replace your professional judgment or fiduciary obligations
- Guarantee compliance with DOL Prohibited Transaction Exemption 2020-02 (PTE 2020-02)
- Verify accuracy of data you input
- Guarantee any particular outcome or result
4. User Accounts and Security
You are responsible for:
- Maintaining confidentiality of your account credentials
- All activity under your account, even if unauthorized
- Notifying us immediately of any security breach
- Using strong, unique passwords
- Compliance with all applicable professional regulations
We reserve the right to suspend or terminate accounts that violate these Terms or engage in suspicious activity.
5. Subscription and Payment Terms
5.1 Subscription Plans
The Service is provided on a subscription basis with monthly or annual billing cycles. Pricing is subject to change with 30 days' notice.
5.2 Payment Processing
Payments are processed through Stripe and/or GoHighLevel. You authorize us to charge your payment method for all fees owed. Failed payments may result in service suspension.
5.3 Auto-Renewal
Subscriptions automatically renew at the end of each billing period unless cancelled. You may cancel anytime via your account settings or by contacting support.
5.4 Free Trial
We may offer a free trial period. At trial end, your payment method will be charged unless you cancel. Trial eligibility is one per user/organization.
5.5 Refund Policy
All sales are final. Refunds are offered at our sole discretion. If you cancel, you retain access until the end of your paid period but no refund will be issued for unused time.
5.6 Price Changes
We may change subscription prices with 30 days' email notice. Continued use after price change constitutes acceptance. Existing subscriptions honor the rate until the next renewal.
6. Professional Responsibilities and Compliance
YOU ACKNOWLEDGE AND AGREE:
6.1 Fiduciary Obligations
This Service does NOT satisfy your fiduciary obligations under ERISA, DOL regulations, or state law. You remain solely responsible for:
- Conducting independent analysis and due diligence
- Verifying all data and calculations
- Making recommendations in your client's best interest
- Complying with PTE 2020-02 and other DOL exemptions
- Maintaining required documentation and disclosures
6.2 Data Verification
CRITICAL: DOL Form 5500 data is sourced from public databases and may be:
- Outdated (filings may be 1-2 years old)
- Incomplete or missing for some plans
- Inaccurate due to reporting errors
- Subject to amendments or corrections
You must verify all data independently with plan sponsors, recordkeepers, or official DOL sources.
6.3 No Legal or Investment Advice
We do not provide legal, tax, or investment advice. The Service generates analytical reports based on data YOU provide. Any guidance or templates are informational only and do NOT constitute professional advice.
6.4 Compliance with Laws
You agree to use the Service in compliance with all applicable laws, including but not limited to:
- Employee Retirement Income Security Act (ERISA)
- Department of Labor regulations
- Securities and Exchange Commission (SEC) rules
- Financial Industry Regulatory Authority (FINRA) guidelines
- State securities and insurance regulations
- Anti-money laundering (AML) requirements
7. Prohibited Uses
You agree NOT to:
- Use the Service for any unlawful purpose
- Share your account credentials with others
- Reverse engineer, decompile, or extract source code
- Scrape, harvest, or mass-download data from the Service
- Interfere with or disrupt Service operation
- Upload malware, viruses, or malicious code
- Impersonate others or provide false information
- Use the Service to compete with us or build similar products
- Violate any applicable laws or regulations
- Resell or redistribute access to the Service
Violation of these prohibitions may result in immediate account termination without refund.
8. Intellectual Property Rights
8.1 Our Property
The Service, including all software, designs, text, graphics, interfaces, and underlying code, is owned by Simple Advisor Tools LLC and protected by copyright, trademark, and other intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Service for its intended purpose only.
8.2 Your Data
You retain ownership of data you input (client names, analysis data, etc.). By using the Service, you grant us a license to store, process, and display your data solely to provide the Service. We will not sell or share your client data with third parties for marketing purposes.
8.3 DOL Public Data
Form 5500 data is public information from the Department of Labor. We do not claim ownership of this data but may claim rights to our compilation, organization, and presentation.
9. Privacy and Data Protection
Your use of the Service is also governed by our Privacy Policy at /privacy. By using the Service, you consent to our data practices as described in the Privacy Policy.
Data Security Disclaimer: While we implement reasonable security measures, we cannot guarantee absolute security. You acknowledge the inherent risks of internet-based services and agree that we are not liable for security breaches beyond our reasonable control.
10. Third-Party Services and Links
The Service integrates with third-party services (Stripe, GoHighLevel, etc.) subject to their own terms. We are not responsible for third-party service failures, data breaches, or privacy practices. External links are provided for convenience; we do not endorse linked sites.
11. DISCLAIMERS AND LIMITATION OF LIABILITY
READ THIS SECTION CAREFULLY - IT LIMITS OUR LIABILITY
11.1 "AS IS" Service
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR RELIABILITY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
11.2 No Warranty on Data Accuracy
WE MAKE NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR TIMELINESS OF DOL FORM 5500 DATA, CALCULATIONS, OR ANALYSIS RESULTS. THE SERVICE MAY CONTAIN BUGS, ERRORS, OR INACCURACIES. YOU ACKNOWLEDGE THAT WE ARE A STARTUP WITHOUT FORMAL COMPLIANCE CERTIFICATIONS.
11.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIMPLE ADVISOR TOOLS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.
11.4 Professional Liability
WE ARE NOT LIABLE FOR ANY PROFESSIONAL MALPRACTICE, REGULATORY VIOLATIONS, CLIENT DISPUTES, OR OTHER CONSEQUENCES ARISING FROM YOUR USE OF THE SERVICE OR RELIANCE ON ANALYSIS RESULTS. YOUR PROFESSIONAL JUDGMENT AND COMPLIANCE OBLIGATIONS REMAIN YOUR SOLE RESPONSIBILITY.
12. Indemnification
You agree to indemnify, defend, and hold harmless Simple Advisor Tools LLC, its officers, directors, employees, contractors, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use or misuse of the Service
- Your violation of these Terms
- Your violation of any laws or regulations
- Your professional advice or services to clients
- Claims by your clients or third parties
- Infringement of intellectual property rights
- Data breaches caused by your negligence
13. Termination
13.1 By You
You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds for partial periods.
13.2 By Us
We may suspend or terminate your account immediately without notice for:
- Violation of these Terms
- Non-payment
- Fraudulent or illegal activity
- Abuse or misuse of the Service
- At our discretion for any reason
13.3 Effect of Termination
Upon termination, your access ceases immediately. We may delete your data after a reasonable period. Sections that by their nature should survive (liability limitations, indemnification, dispute resolution) will continue to apply.
14. Dispute Resolution and Arbitration
14.1 Informal Resolution
Before filing any claim, you agree to contact us at legal@rolloveranalysistool.com to attempt informal resolution. We will work in good faith to resolve disputes.
14.2 Binding Arbitration
Any dispute not resolved informally shall be resolved by binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. Arbitration will be conducted in Florida. Each party bears its own costs. The arbitrator's decision is final and binding.
14.3 Class Action Waiver
YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION.All disputes must be brought individually.
14.4 Exceptions
Either party may seek injunctive relief in court for intellectual property violations or urgent matters.
15. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Florida, USA, without regard to conflict of law principles. Any disputes not subject to arbitration shall be brought exclusively in courts located in Florida.
16. Changes to These Terms
We may modify these Terms at any time by posting updated Terms with a new "Effective Date." Continued use after changes constitutes acceptance. Material changes may be communicated via email. If you do not agree to changes, you must cancel your subscription.
17. General Provisions
17.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Simple Advisor Tools LLC.
17.2 Severability
If any provision is found invalid or unenforceable, the remaining provisions remain in full effect.
17.3 Waiver
Failure to enforce any provision does not constitute a waiver of that provision.
17.4 Assignment
You may not assign these Terms without our consent. We may assign these Terms at any time.
17.5 Force Majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, internet outages, third-party service failures, etc.).
18. Contact Information
For questions about these Terms or legal matters:
Simple Advisor Tools LLC
Email: legal@rolloveranalysistool.com
Website: rolloveranalysistool.com
Florida, United States
BY USING THE SERVICE OR CHECKING THE "I AGREE TO TERMS OF SERVICE" BOX DURING REGISTRATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
If you are accepting on behalf of an organization, you represent that you have authority to bind that organization to these Terms.