HELM TPA TERMS OF SERVICE

Last Updated: [Insert Date]

PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY BEFORE USING THE HELM TPA WEBSITE (“SITE”) OR THE SERVICES OFFERED BY HELM TPA (“SERVICES”). BY ACCESSING OR USING THE SITE OR SERVICES (OR BY EXECUTING ANY ORDER FORM OR ACCEPTING A SERVICE PROPOSAL), YOU (“USER” OR “PLAN SPONSOR”) AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY INCORPORATED POLICIES OR ADDITIONAL TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE OR SERVICES.

1. Definitions

For purposes of these Terms, the following definitions apply:

• “Helm TPA” means [Company Name], its affiliates, successors, and assigns.
• “User” or “Plan Sponsor” means any person, entity, or organization that accesses or uses the Site or Services.
• “Services” includes all online tools, calculators, blogs, retirement planning information, and paid 401(k) TPA services provided on or through the Site.
• “Tools” means the retirement planning calculators, blogs, and other informational resources offered for your use.
• “Third-Party Services” refers to external services integrated with or used in connection with our Services (e.g., Stripe for payment processing, Google Analytics, Microsoft Clarity).

2. Scope of Services

Helm TPA provides a suite of Services designed to assist Plan Sponsors with retirement plan administration, including but not limited to:

• Access to retirement planning tools, calculators, and educational blogs.
• Paid TPA services for managing 401(k) plans.
• Support and guidance regarding regulatory compliance (subject to the financial disclaimer below).

Note: The Services are provided for informational purposes only and do not constitute personalized financial, legal, or tax advice. You should consult with qualified professionals regarding any such matters.

3. Acceptance and Amendments

• Acceptance: By using the Site or Services, you acknowledge that you have read, understood, and agree to these Terms.
• Amendments: Helm TPA may update these Terms periodically. Changes will be posted on the Site with an updated “Last Updated” date. Your continued use of the Site or Services after any such changes constitutes your acceptance of the new Terms.

4. Eligibility and User Representations

• You represent that you are legally capable of entering into binding contracts.
• Should Helm TPA implement user account registration in the future, you agree to provide accurate, current, and complete information and to maintain the confidentiality of your account credentials.

5. Payment, Subscription, and Refunds

• Payment Processing: Invoices for our paid TPA services are issued by Helm TPA and processed via a Stripe payment link.
• Term and Cancellation: Services are provided on an annual basis (one [1] year term). Cancellation requires a minimum of 30 days’ advance written notice prior to the end of the current term.
• Fees and Refunds: All fees are non-refundable. Helm TPA reserves the right to adjust fees for subsequent terms with prior notice.

6. User Conduct and Obligations

• Permitted Use: You agree to use the Site and Services only for lawful purposes and in a manner that does not infringe the rights of any third party.
• Prohibited Conduct: You may not:
  • Attempt to bypass or disable any security features.
  • Reverse-engineer, decompile, or disassemble any part of the Site.
  • Upload or transmit viruses, malware, or any other harmful code.
• Data Accuracy: You are solely responsible for the accuracy of any data or instructions you provide to Helm TPA.

7. Disclaimers and Financial Notice

• No Financial Advice: The Tools and Services provided are for informational purposes only and do not constitute professional financial, legal, or tax advice. Helm TPA is not a registered investment advisor.
• “As Is” Basis: All Services are provided “as is” and “as available” without any express or implied warranties. Helm TPA makes no guarantees regarding the accuracy, completeness, or timeliness of any information.
• Risk Acknowledgment: You acknowledge that any decision based on the Site’s information is made solely at your own risk.

8. Intellectual Property Rights

• Ownership: All content, software, and other materials on the Site are the property of Helm TPA or its licensors and are protected by applicable intellectual property laws.
• License: Helm TPA grants you a limited, non-exclusive, non-transferable license to access and use the Site for your internal purposes only. No rights are granted to reproduce, modify, or distribute any content without prior written permission.

9. Third-Party Services and Data

• Integrations: The Site integrates with third-party services such as Stripe, Google Analytics, and Microsoft Clarity. Your use of these services is governed by their respective terms and privacy policies.
• Data Sharing: Helm TPA does not sell your personal data. However, information collected via Third-Party Services may be used solely to enhance and improve our Services.

10. Data Security and Privacy

Your personal information is governed by our Privacy Policy, which is incorporated herein by reference. By using the Site or Services, you consent to the collection, use, and disclosure of your data as described in our Privacy Policy.

11. Limitation of Liability and Indemnification

• Limitation of Liability: To the maximum extent permitted by law, Helm TPA’s total aggregate liability arising from or related to these Terms or your use of the Site/Services shall not exceed the total fees paid by you in the 12 months preceding the claim. In no event shall Helm TPA be liable for any indirect, incidental, consequential, punitive, or special damages.
• Indemnification: You agree to indemnify, defend, and hold harmless Helm TPA, its officers, directors, employees, and agents from any claims, damages, or expenses arising from your breach of these Terms or misuse of the Site or Services.

12. Termination and Suspension

• Termination by Helm TPA: Helm TPA reserves the right to suspend or terminate your access to the Site or Services at any time, with or without notice, for any reason, including for violation of these Terms.
• Effect of Termination: Upon termination, all licenses and rights granted under these Terms will immediately cease, and you must immediately stop using the Site and Services.
• Outstanding Obligations: Termination does not relieve you of any obligations to pay outstanding fees.

13. Governing Law and Dispute Resolution

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles.
• Dispute Resolution: Any disputes arising out of or relating to these Terms or your use of the Site/Services shall be resolved through binding arbitration in Nevada in accordance with the rules of the American Arbitration Association. Both parties waive the right to a trial by jury.

14. Miscellaneous Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Helm TPA regarding the use of the Site and Services.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• No Waiver: Failure by Helm TPA to enforce any right or provision in these Terms will not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without Helm TPA’s prior written consent. Helm TPA may assign these Terms without notice.

By accessing or using the Helm TPA Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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