Agreement

Terms of Service

Effective August 16, 2026

1. Agreement to these Terms

These Terms of Service (the "Terms") are a binding agreement between you and Retirement Plan Specialists, Inc., a Florida corporation doing business as Turner Pension Solutions ("TPS," "we," "us," or "our"), governing your access to and use of Perl, our web-based retirement-plan research and prospecting service available at app.tps5500.com and any successor or related domains, together with all associated features, data, reports, exports, and documentation (collectively, the "Service").

By creating an account, signing in, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you are accepting these Terms on behalf of a firm, employer, or other entity, you represent that you have authority to bind that entity, and "you" refers to both you individually and that entity.

Please read Section 18 carefully. It requires most disputes to be resolved by individual binding arbitration and waives your right to participate in a class action.

2. Definitions

"Authorized User" means an individual employee, owner, or contractor of yours whom you permit to access the Service under your account, subject to the seat limits of your plan.
"Customer Content" means the information you submit to the Service, including prompts, questions, saved searches, saved prospect lists, notes, and account and registration information.
"Filing Data" means information originating in U.S. Department of Labor Form 5500 and Form 5500-SF filings, their schedules and attachments, and related public datasets, together with any derived, normalized, computed, or enriched form of that information that we create.
"Output" means the text, tables, summaries, snapshots, dossiers, reports, and file exports the Service generates in response to your use.
"Subscription" means your paid or comped right to access the Service for a stated term.

3. Eligibility and Professional Use Only

The Service is offered solely for use by professionals in the retirement-plan, financial-advisory, accounting, and employee-benefits industries in the course of their business. It is not offered to consumers for personal, family, or household purposes.

By using the Service you represent and warrant that you:

a. are at least 18 years old and able to form a binding contract; b. are using the Service for legitimate business purposes in a professional capacity; c. hold any license, registration, or authorization your own activities require, and will comply with the rules of every regulator and self-regulatory organization with authority over you (including, as applicable, the U.S. Securities and Exchange Commission, FINRA, state securities and insurance regulators, and state boards of accountancy); and d. are not located in, and will not access the Service from, a country or region subject to comprehensive U.S. economic sanctions, and are not a person with whom U.S. persons are prohibited from dealing.

Access to the Service requires a paid Subscription, which you purchase when you register. We may decline, condition, suspend, or revoke access at our discretion, including where registration information is inaccurate or your use violates these Terms or the Acceptable Use Policy.

4. Accounts, Access, and Security

4.1 Registration. To register, you submit registration information, which may include your name, business email address, firm name, business address, telephone number, and professional role. You agree that this information is accurate and that you will keep it current.

4.2 Sign-in. The Service authenticates you by emailing a single-use sign-in link to your registered address. You are responsible for maintaining the security of that email account. Anyone with access to your email can access the Service as you.

4.3 Seats and sharing. Your Subscription entitles a specified number of named Authorized Users. Accounts are personal to each Authorized User. You may not share sign-in links or account credentials, permit access by anyone who is not a named Authorized User, or make the Service available to any third party as a service bureau or on any other resale basis.

4.4 Your responsibility. You are responsible for all activity under your account, including activity by your Authorized Users, and for their compliance with these Terms and the Acceptable Use Policy. You will notify us promptly at perl@wehelppeopleretire.com if you learn of any unauthorized access.

4.5 Suspension. We may suspend or limit your access, with or without notice, if we reasonably believe doing so is necessary to protect the Service, other customers, the underlying data, or our legal position, including for suspected unauthorized access, breach of these Terms, or nonpayment.

5. The Service and Changes to It

We may add, modify, or discontinue features, data sources, models, limits, or interfaces at any time. We will not make a change that, taken as a whole, materially reduces the core functionality of your paid Subscription during its then-current term without giving you notice and, if you object in writing within 3 business days, a pro-rated refund of prepaid fees for the remainder of that term.

Usage of the Service is subject to fair-use, rate, and volume limits that vary by plan. Current limits are those applied within the Service and, where an order form or invoice states them, as set out there. We may enforce them by throttling, queuing, or temporarily suspending requests.

6. Fees, Billing, and Renewal

6.1 Fees. You will pay the fees for the plan you select, as presented at the time of purchase or in an applicable order form or invoice. Current pricing is shown when you register and in your account.

6.2 Payment. Fees are payable in U.S. dollars, in advance, by the method we make available. Payments are processed by Stripe, Inc., and your use of that processor is subject to its own terms. We do not receive or store your full payment-card number.

6.3 Automatic renewal. Unless you cancel before the end of the then-current term, your Subscription renews automatically for successive periods of the same length at the then-current price, and we will charge your payment method on file. You may cancel at any time from by writing to perl@wehelppeopleretire.com; cancellation takes effect at the end of the current paid term.

6.4 Price changes. We may change prices effective at your next renewal, with at least 30 days' notice to your registered email address. Continuing to use the Service after the change takes effect constitutes acceptance.

6.5 Thirty-day money-back guarantee. If you are not satisfied with the Service, you may cancel within 30 days after your first paid Subscription charge and receive a full refund of that charge. This applies once per customer, to your initial Subscription only and not to any renewal, and is subject to the following:

a. How to request it. Email perl@wehelppeopleretire.com from the address on your account within the 30-day window and tell us you are cancelling under the guarantee. You do not need to give a reason. b. What you get back. The amount you actually paid us in cash for your initial Subscription term. If any part of that term was paid with referral credits or other non-cash consideration, that part is not refunded in cash, and any unapplied credits are forfeited on cancellation. c. What happens to your account. Cancellation under the guarantee takes effect immediately rather than at the end of the paid term. Your access and your license under Section 8.1 end on that date, and Section 13.5 governs your in-app data. d. Your exports are still yours. Section 8.2 applies normally. Work you did during your first 30 days is real work, and taking a refund does not require you to give it back or undo it. Sections 8.3 and the Acceptable Use Policy continue to apply to you after a refund exactly as they apply to any other former subscriber — you keep what you exported, and you still may not resell it as a dataset, use it to build a competing product, or accumulate exports to reconstitute our database. e. The guarantee is for evaluation, not extraction. We offer it so you can try the Service in real use — including exporting data and putting it to work in your ordinary marketing, sales, and lead-generation process. That is the point of a trial, and doing it will never cost you the refund. What the guarantee is not for is acquiring the Service's data in bulk and then reclaiming the fee. We may decline a refund where an account's activity is materially inconsistent with evaluation — for example systematic or automated extraction, or export volume far beyond any plausible evaluation of the Service — or where the account has breached Section 8.3 or the Acceptable Use Policy. If we decline, we will tell you why in writing, and your Subscription continues for the remainder of its paid term. f. Paid subscriptions only. The guarantee applies only where a Subscription charge was actually paid. It does not apply to complimentary, pilot, evaluation, or demonstration accounts.

6.5.1 All other refunds. Except for the guarantee in Section 6.5, the pro-rated refunds expressly provided in Sections 5, 13.3, and 17, and any refund required by law, fees are non-refundable, and there are no refunds or credits for partial periods, unused capacity, or periods during which you did not use the Service.

6.6 Taxes. Fees exclude sales, use, and similar taxes. You are responsible for all such taxes other than taxes on our net income.

6.7 Late and failed payment. If a payment fails or is overdue we may suspend access until it is cured or may charge interest at the lesser of 1.5% or the maximum rate permitted by Florida law, plus reasonable costs of collection.

8. License to You; Your Use of Output

8.1 License. Subject to these Terms and to payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license, during your Subscription term, to access and use the Service and to use Output for your own internal business purposes, including advising and prospecting your own clients and prospects.

8.2 Output you may keep. You may retain, store, and use Output you have exported from the Service (including spreadsheet exports, reports, dossiers, and prospect lists) after your Subscription ends, for your own internal business purposes, subject to Section 8.3 and to the Acceptable Use Policy. This applies equally to a Subscription refunded under the money-back guarantee in Section 6.5.

8.3 What you may not do with Output. You may not (a) resell, license, publish, or otherwise redistribute Output or Filing Data as a data product, dataset, feed, or database; (b) use Output or Filing Data to build, train, benchmark, or improve any product or dataset that competes with the Service; (c) systematically accumulate exports for the purpose of reconstituting a substantial part of our database; or (d) remove or obscure any attribution, citation, source reference, or disclaimer that accompanies Output.

Incorporating specific Output into an ordinary client-facing deliverable — a prospect summary, a proposal, a meeting-prep memo, a plan review — is expressly permitted and is the intended use.

9. Customer Content

9.1 You own it. You retain all rights in Customer Content. We claim no ownership of it.

9.2 License to us. You grant us a non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, display, and process Customer Content solely to (a) provide, secure, support, and maintain the Service for you, (b) comply with law, and (c) improve the Service in the limited manner described in Section 9.3.

9.3 How we do and do not learn from your use. We use aggregated and de-identified information about how the Service is used — for example, counts of requests, categories of question, error rates, and performance and cost metrics — to operate and improve the Service. We do not sell Customer Content, and we do not permit our AI provider to train its models on it. See the Privacy Policy and the Data and AI Usage Disclosure for detail.

9.4 Your responsibility for what you submit. You represent that you have the right to submit Customer Content and that doing so does not violate law or any third party's rights. Do not submit information you are not permitted to disclose — in particular, do not submit any individual's Social Security number, financial-account number, health information, or participant-level plan data, and do not submit information subject to a confidentiality obligation you would breach by disclosing it.

10. Intellectual Property

10.1 Ours. The Service — including its software, user interface, prompts and system instructions, database schema and design, derived and computed data, analytics and scoring logic, documentation, and the "Perl," "Turner Pension Solutions," and TPS marks and logos — is owned by us or our licensors and is protected by intellectual-property law. Except for the license in Section 8, no rights are granted to you.

10.2 The underlying public data. Form 5500 filings and the DOL datasets built from them are U.S. government public records, and we claim no ownership of the underlying government records themselves. We do claim rights in our compilation, normalization, enrichment, derivation, structure, and presentation of that information, and in the Service generally.

10.3 Feedback. If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or compensation. We will not identify you as its source without your permission.

11. Third-Party Services and AI Processing

The Service is delivered using third-party infrastructure and providers, including cloud hosting, managed database and object storage, network and security services, transactional email, and a third-party large-language-model provider that generates Output in response to your requests. A current list is in the Privacy Policy. We are responsible for our own obligations under these Terms but are not responsible for the acts, omissions, or independent terms of these providers, and their availability is outside our control.

Output is generated in part by an AI model. See Section 14 and the Data and AI Usage Disclosure for what that means for accuracy.

12. Confidentiality

Each party may receive non-public information of the other that is designated confidential or that would reasonably be understood to be confidential. The receiving party will use it only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to its personnel and contractors who need it and are bound by comparable obligations, or as required by law (with prompt notice to the other party where lawfully permitted). This section does not apply to information that is public, was already known without obligation, is independently developed, or is lawfully received from a third party without restriction. Filing Data drawn from public records is not confidential information.

13. Term, Termination, and What Happens to Your Data

13.1 Term. These Terms apply from your first use of the Service until terminated.

13.2 Termination by you. You may cancel your Subscription at any time as described in Section 6.3, effective at the end of the current paid term. If you cancel within the first 30 days after your first paid charge, the money-back guarantee in Section 6.5 applies instead, and cancellation takes effect immediately with a refund.

13.3 Termination by us. We may terminate these Terms or your Subscription (a) for your material breach, if the breach is not cured within 10 days after notice; (b) immediately for a breach of Sections 4.3, 8.3, or the Acceptable Use Policy, or for nonpayment after notice; or (c) for convenience at the end of your then-current term with 30 days' notice. If we terminate for convenience, we will refund prepaid fees for any period after termination.

13.4 Effect of termination. Your license and access end. Sections 6 (as to amounts accrued), 8.2, 8.3, 9.1, 10, 12, 14, 15, 16, 18, 19, and 20 survive.

13.5 Your data after termination.

Output you exported is yours to keep. Files you downloaded before termination remain yours to use, subject to Sections 8.2 and 8.3. We will not ask you to destroy them.
In-app data goes away. Saved searches, saved prospect lists, and account records are retained for 30 days after termination so that you can export them or reactivate, and are then deleted except where we must keep them for legal, tax, accounting, security, or dispute-resolution purposes. Reports and dossiers generated in the Service are subject to the separate treatment described in the Privacy Policy §9.4.
On request. During the retention window you may ask us at perl@wehelppeopleretire.com for a one-time export of your saved work, which we will provide in a commercially reasonable format.

14. Disclaimers — Please Read

14.1 Informational use only; no advice. The Service is a research and prospecting tool. It provides information and analysis about publicly filed retirement-plan data. It does not provide investment, tax, legal, accounting, actuarial, insurance, or fiduciary advice, and nothing it produces is a recommendation to buy, sell, hold, or replace any investment, plan provider, plan design, or service arrangement. We are not acting as your fiduciary or as a fiduciary to any plan in providing the Service, and no advisory or fiduciary relationship is created by your use of it. You are solely responsible for the professional judgments you form and the advice you give.

14.2 Public-record source data. Filing Data originates in filings prepared and submitted by plan sponsors, administrators, and their agents, and made available by the U.S. Department of Labor. That information is self-reported, is not audited or verified by us, may contain errors or omissions made by the filer, may have been amended after we obtained it, and is published on a delay — filings commonly describe a plan year that ended a year or more earlier. The Service reflects what was filed, not necessarily what is currently true. We do not warrant that Filing Data is accurate, current, or complete.

14.3 AI-generated Output. Output is produced in part by an automated language model. It may be incomplete, may misread a scanned or unusual attachment, may summarize imprecisely, and may occasionally be wrong even where it cites a source. You must independently verify any material fact against the underlying filing or another authoritative source before relying on it, using it with a client or prospect, or including it in any communication. Citations and source links are provided so that you can do exactly that.

14.4 Not a consumer reporting agency. We are not a consumer reporting agency, and the Service is not a consumer report, investigative consumer report, or consumer-credit information under the Fair Credit Reporting Act or any comparable law. You may not use the Service or any Output, in whole or in part, as a factor in establishing an individual's eligibility for credit, insurance, employment, housing, or any other purpose regulated by the Fair Credit Reporting Act.

14.5 No outcome or result promised. We do not promise that the Service will produce leads, appointments, referrals, revenue, or any particular business result.

14.6 "AS IS." EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE, FILING DATA, AND OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS, SO SOME OF THESE MAY NOT APPLY TO YOU.

15. Your Indemnification of Us

You will defend, indemnify, and hold harmless TPS and its officers, directors, employees, and agents from and against any third-party claim, demand, proceeding, loss, liability, damage, fine, penalty, cost, or expense (including reasonable attorneys' fees) arising out of or relating to:

a. your or your Authorized Users' use of the Service or Output, including any advice, communication, or deliverable you base on it; b. your marketing, solicitation, or outreach activity, including any claim under the Telephone Consumer Protection Act, the CAN-SPAM Act, state telemarketing or do-not-call laws, or state unfair-practices law; c. your breach of these Terms or the Acceptable Use Policy; d. your violation of law or of any regulatory or self-regulatory rule applicable to you, including any failure to make a disclosure required in connection with the Referral Credit Program; or e. Customer Content you submit.

We will notify you of the claim, allow you to control the defense with counsel reasonably acceptable to us, and cooperate at your expense. You may not settle a claim in a way that imposes any obligation or admission on us without our written consent.

16. Limitation of Liability

16.1 Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST OR MISSED OPPORTUNITY, LOST GOODWILL, OR LOSS OR CORRUPTION OF DATA, EVEN IF ADVISED OF THE POSSIBILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU ACTUALLY PAID US FOR THE SERVICE IN THE 12 MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) $100.

16.3 Exclusions from the cap. Sections 16.1 and 16.2 do not limit your obligation to pay fees, your indemnification obligations under Section 15, or either party's liability for fraud, willful misconduct, or gross negligence, or for any liability that cannot be limited under applicable law.

16.4 Basis of the bargain. You acknowledge that these limitations are an essential basis of the bargain and that we would not provide the Service on these prices and terms without them.

17. Changes to these Terms

We may update these Terms. If a change is material we will give notice by email to your registered address or by a conspicuous notice in the Service at least 30 days before it takes effect, except where an immediate change is required by law or to address a security or legal risk. Changes are not retroactive. If you do not agree to a material change, you must stop using the Service before it takes effect and may cancel for a pro-rated refund of prepaid fees for the remainder of your then-current term. Continuing to use the Service after the effective date constitutes acceptance.

18. Dispute Resolution — Arbitration and Class Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES BETWEEN US ARE RESOLVED AND LIMITS YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN CLASS PROCEEDINGS.

18.1 Informal resolution first. Before starting an arbitration, the complaining party will send a written notice describing the dispute and the relief sought to the other party (to us at perl@wehelppeopleretire.com and 1517 W Broadway St, Oviedo, FL 32765. The parties will attempt in good faith to resolve it for 60 days. This step is a condition precedent to arbitration, and the limitations period is tolled during it.

18.2 Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved under Section 18.1 will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator. The arbitration will be seated in Seminole County, Florida, or, at your election, conducted by videoconference or on documents only. The arbitrator may award any relief a court could award to the individual party, and the award may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.

18.3 Class action and jury waiver. ARBITRATION IS INDIVIDUAL ONLY. NEITHER PARTY MAY BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR PRESIDE OVER ANY SUCH PROCEEDING. EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY. If this Section 18.3 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed from the arbitration and heard in the courts identified in Section 19, and the remainder of Section 18 will continue to apply.

18.4 Carve-outs. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek temporary or preliminary injunctive relief in the courts identified in Section 19 to protect intellectual property, confidential information, or the security or integrity of the Service, without first completing Sections 18.1 and 18.2.

18.5 Fees. Each party bears its own attorneys' fees and its share of arbitration fees as the applicable rules provide, except that the arbitrator may award fees and costs to the prevailing party where a statute or these Terms so permit.

18.6 Opt-out. You may reject this Section 18 by sending written notice to perl@wehelppeopleretire.com within 30 days after you first accept these Terms, stating your name, the email on your account, and that you opt out of arbitration. Opting out does not affect any other provision, and Section 19 will then govern.

18.7 Time limit. Any claim must be brought within one year after it accrues, or it is permanently barred, except where a longer period is required by law.

19. Governing Law and Venue

These Terms and any dispute arising from them are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, and excluding the U.N. Convention on Contracts for the International Sale of Goods. For any matter not subject to arbitration under Section 18, the parties consent to the exclusive jurisdiction and venue of the state courts located in Seminole County, Florida, and the U.S. District Court for the Middle District of Florida, Orlando Division, and waive any objection to that venue.

20. General

20.1 Entire agreement. These Terms, together with the Privacy Policy, the Acceptable Use Policy, the Data and AI Usage Disclosure, any referral program terms, and any order form, are the entire agreement between us on this subject and supersede all prior discussions. If an order form signed by both parties conflicts with these Terms, the order form controls for that customer.

20.2 No waiver; severability. A failure to enforce a provision is not a waiver. If a provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the rest remains in effect.

20.3 Assignment. You may not assign these Terms without our written consent, except to a successor to substantially all of your business that is not a competitor of ours and that agrees in writing to these Terms. We may assign these Terms in connection with a merger, acquisition, or sale of assets. Any prohibited assignment is void.

20.4 Notices. We may give notice by email to your registered address or by posting in the Service. You will give notice to us at perl@wehelppeopleretire.com, with a copy to 1517 W Broadway St, Oviedo, FL 32765. Notice is effective on delivery, or for email, on the business day after sending absent a bounce.

20.5 Force majeure. Neither party is liable for a delay or failure caused by an event beyond its reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, labor action, epidemic, government action, utility or internet failure, or failure of a third-party provider — except for payment obligations.

20.6 Independent parties. The parties are independent contractors. Nothing creates a partnership, joint venture, agency, employment, or fiduciary relationship.

20.7 No third-party beneficiaries. These Terms create no rights in anyone who is not a party.

20.8 U.S. Government users. The Service is a "commercial item" as defined in FAR 2.101, and any use by a U.S. government entity is subject only to the rights in these Terms.

20.9 Export. You will comply with U.S. export-control and sanctions laws in using the Service.

20.10 Publicity. Neither party will use the other's name or marks in publicity without prior written consent, except that we may identify you as a customer in a customer list if you have not objected in writing.

21. Contact

Retirement Plan Specialists, Inc., d/b/a Turner Pension Solutions 1517 W Broadway St., Oviedo, Florida 32765 Email: perl@wehelppeopleretire.com Telephone: 407-365-3490