Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) govern your access to and use of the FEEDUCIARY platform and website at 401kfeeduciary.com (the “Service”), operated by FEEDUCIARY LLC (“FEEDUCIARY,” “we,” “our,” or “us”).

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Description of Service

FEEDUCIARY provides a 401(k) fee benchmarking tool that allows plan fiduciaries to compare their plan's administrative and investment fees against industry benchmarks derived from publicly available data and proprietary research. The Service generates reports for informational purposes only.

3. NOT Legal or Fiduciary Advice

4. Eligibility

You must be at least 18 years old and authorized to act on behalf of any organization for which you use the Service. By using the Service, you represent and warrant that you meet these requirements.

5. Account Registration

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access at support@401kfeeduciary.com.

You agree to provide accurate, current, and complete information during registration and to keep this information updated.

6. Subscription Plans and Payment

6.1 Plans

We offer a Basic (free) tier and a PRO paid subscription. Plan features and pricing are described on our Pricing page and are subject to change with notice.

6.2 Billing

PRO subscriptions are billed annually. Payments are processed by Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel.

6.3 Cancellation and Refunds

You may cancel your subscription at any time through the billing portal. Upon cancellation, you retain PRO access through the end of your current billing period. We do not offer prorated refunds for partial subscription periods, except as required by applicable law. Contact us at billing@401kfeeduciary.com to request a refund review.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms
• Enter false or misleading information (plan data, EIN, etc.)
• Attempt to gain unauthorized access to any part of the Service or other users' data
• Reverse engineer, scrape, or copy the Service's benchmarking data or algorithms
• Use the Service to compete with FEEDUCIARY or resell its outputs without written permission
• Transmit malware, spam, or other harmful content

8. Accuracy of Benchmark Data

Our benchmarks are derived from publicly available data, proprietary research, and industry sources. We make reasonable efforts to keep benchmark data current and accurate, but we make no warranty that the benchmarks reflect current market conditions in your specific geographic area, plan type, or industry.

Results depend entirely on the accuracy of data you enter. FEEDUCIARY is not responsible for errors in reports resulting from inaccurate inputs.

9. Intellectual Property

The Service, including its software, benchmarking methodology, design, text, and graphics, is owned by FEEDUCIARY LLC and protected by copyright and other intellectual property laws. You may not copy, modify, distribute, or create derivative works from any part of the Service without our written consent.

Reports you generate from your own data are yours to use for your internal fiduciary documentation purposes.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FEEDUCIARY LLC AND ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON BENCHMARK REPORTS, REGULATORY ACTIONS, ERISA CLAIMS, OR LOSS OF DATA.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Disclaimer of Warranties

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, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT BENCHMARK DATA WILL BE ACCURATE OR COMPLETE.

12. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association in Austin, Texas, except that either party may seek injunctive relief in any court of competent jurisdiction.

13. Changes to Terms

We may update these Terms from time to time. We will provide at least 14 days' notice of material changes by email or in-app notice. Continued use after the effective date constitutes acceptance of the updated Terms.

14. Termination

We reserve the right to suspend or terminate your account for violation of these Terms, with or without notice. You may terminate your account at any time by contacting us. Upon termination, your right to use the Service ceases immediately.

15. Contact