Terms of Service

Terms of Service

By using PensionPro Software, LLC’s products (“the System”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).  PensionPro Software, LLC (“Company”) reserves the right to update and change these Terms of Service without notice.  Violation of any of the terms below may result in the termination of your account.

ACCOUNT TERMS

  • You are responsible for maintaining the security of your account and passwords.  PensionPro is accessed using an internet connection combined with an active user name and password or username and API key.  Users and contacts only have access to PensionPro products through security rights granted by you.  It is your responsibility to insure that only authorized personnel or contacts have access to your system. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. 
  • You are responsible for all content or documents posted and any activity that occurs under your account.
    You may not use PensionPro for any illegal purpose or to violate any laws in your jurisdiction.
  • You must provide your company’s legal full name and address, a valid email address, a valid credit card or other acceptable electronic payment method available at the time of purchase and any other information requested in order to complete the signup process.
  • Your licensed PensionPro products may only be used by you, your employees, and contacts to which you grant rights to access PensionPro products. You may create logins for as many people as you’d like provided that they are your employees or contacts that are associated with your clients, potential clients and referral sources.  It is your responsibility to monitor and regulate who has access to your PensionPro system.
  • If you own more than one company, you may use the system for companies that you own.
  • If your firm is acquired by or merged with another firm, you must notify us immediately.  Though we believe we will be happy to have a new customer, PensionPro reserves the right to discontinue service in the event of a change of ownership. 
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.


FREE TRIAL

If you register for a free trial of PensionPro’s software, we will make one or more Services available to you on a trial basis free of charge until the earlier of,

  • The end of the free trial period for which you registered, or
  • The start date of any Service purchased by you.
  • Any data you enter into the Services, and any customizations made to the Services will be permanently lost unless you purchase the same Services as those covered by the Trial, upgraded Services from the Trial or export your data before the expiration of the trial.
  • During the Free Trial period, Services are offered “AS-IS” without any warranty or obligation on the part of PensionPro.


TERMS OF PAYMENT

  • PensionPro’s products are licensed on a month to month basis through a monthly usage fee. That means that you are only obligated to pay us your monthly usage fee for any month or part of a month in which the system is maintaining your data.  PensionPro bills for services, in arrears, each month based upon the products you have selected and the actual volume of Plans that you have on the system and Users to whom you may have granted access in SalesPitch (if applicable).
  • Monthly fees for usage of the system will begin on the earlier of the 15th or the last day of the month following the completion of one month from the effective date selected during the sign-up process. For example, if you sign up effective immediately on July 2nd, your implementation fee will be charged immediately.  Your first monthly usage fee will be charged using your authorized payment method on August 15th (or shortly thereafter).  If the authorized payment method fails, you will be contacted immediately by a member of our staff so that you can provide a new acceptable electronic payment method.  Any account that remains unpaid for 30 days may be frozen and inaccessible by you until payment is made.  PensionPro reserves the right to permanently disable your account and all data stored therein after 60 days in an unpaid status.
  • Any upgrade or downgrade in product selection will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.
  • Downgrading your PensionPro system may cause the loss of features or capacity of your account. PensionPro does not accept any liability for such loss.
  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. Where required, PensionPro will collect and remit those taxes to the taxing authority.


CANCELLATION AND TERMINATION

  • You are solely responsible for properly canceling your account. A phone request to cancel your account is not considered cancellation.  You can cancel your account at any time by emailing sales@pensionpro.com and telling us of your desire to cancel.  Please be sure to indicate a cancellation date in your correspondence.  You are responsible to pay us the full monthly usage fees for any month or part of a month for which you are licensed to use the system.
  • All of your content will be immediately inaccessible from PensionPro upon the cancellation date. Within 60 days, all the content will be permanently deleted from all backups and logs. This information cannot be recovered once it has been permanently deleted.
  • PensionPro, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the system for any reason at any time.  Such termination of PensionPro will result in the deactivation or deletion of your account or access to your account, and the forfeiture and relinquishment of all content in your account. PensionPro reserves the right to refuse service to anyone for any reason at any time.


MODIFICATIONS TO THE SYSTEM AND PRICES

  • PensionPro reserves the right at any time to modify or discontinue, temporarily or permanently, any part of the system with or without notice.
  • Prices of all PensionPro products are subject to change upon a 30-day notification from us.  Such notice may be provided at any time by posting the changes to the PensionPro Help Center and/or by notification to the authorized contact entered during the sign up process.
  • PensionPro shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the system.


COPYRIGHT AND CONTENT OWNERSHIP

  • All content posted to the system must comply with US copyright law.
  • We claim no intellectual property rights over the material you save in the system.  All materials and data uploaded remain yours.
  • The Company does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the system.
  • The look and feel of PensionPro’s products is our intellectual property.  You may not duplicate, copy, or reuse any portion of the System including but not limited to visual design elements without express written permission from the Company.


GENERAL CONDITIONS

  • Your use of PensionPro is at your sole risk. The system is provided on an “as is” and “as available” basis.
  • Technical support is only provided via the PensionPro Help Center.
  • You understand that PensionPro uses third party vendors and hosting partners to provide necessary hardware, software, networking, storage, and related technology required to run the system.
  • You must not modify, adapt or hack the system.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the system, use of the system, or access to the system without the express written permission by the company.  This obligation survives the termination of this agreement.
  • We may, but have no obligation to, remove content and Accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
  • Verbal, physical, written or other abuse (including threats of abuse or retribution) of any PensionPro customer, PensionPro employee or officer will result in immediate account termination.
  • We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other system customers. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the system for other customers.
  • The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and PensionPro and governs your use of the system, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service). 
  • You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms of Service exclusively in any federal or state court located in Dauphin County, Pennsylvania, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Pennsylvania will govern these Terms of Service, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

Any new features that augment or enhance the current system, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the system after any such changes shall constitute your consent to such changes.


BETA SERVICES

Beta Services means services or functionality that may be made available to you to try at no additional charge prior to general release to PensionPro users.  You may choose to try such Beta Services or not in your sole discretion.  Beta Services are intended for evaluation purposes and are not supported, and may be subject to additional terms.  Beta Services are offered “AS-IS” and the existence of a feature in Beta does not obligate PensionPro to deliver that feature or Service.


WARRANTIES AND DISCLAIMERS

  • We warrant that during the term of this agreement,
    • We will not materially decrease the overall security of the Services
    • The Services will perform materially in accordance with the applicable Documentation
  • PensionPro does not warrant that (i) the system will meet your specific requirements, (ii) the system will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the system will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the system will meet your expectations, and (v) any errors in the system will be corrected.  This condition with regard to warranties survives the termination of this agreement.
  • PensionPro shall be responsible for the safekeeping of Customer Data in accordance with the PensionPro Privacy Policy and PensionPro Security Policy. 
  • You acknowledge that security safeguards by their nature are capable of circumvention and that PensionPro does not and cannot guarantee that security incidents will not occur.


LIMITATION OF LIABILITY FOR CERTAIN SECURITY INCIDENTS

You expressly understand and agree that PensionPro shall not be liable during the term of and after termination or cancellation of your account for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if The Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the system; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchase or obtained or messages received or transactions entered into through or from the system; (iii) unauthorized access to or alteration of your transmissions or data (except as noted below as “Security Incident”; (iv) statements or conduct of any third party on the system; (v) or any other matter relating to the system. 

PensionPro agrees to defend you from any third party claims brought against you or pay for damages caused by a “security incident” to the extent such security incident results directly from PensionPro’s failure to adhere to the procedures described in PensionPro’s posted Privacy Policy and Security Policy.  In no event, will the amount we pay or be liable for exceed the amount paid by you in the twelve (12) month period preceding the first incident out of which the damage from a security incident arose.

PensionPro provides through its help center ticket system a platform for the secure transmission of data and is not responsible for insecure transmission of data to PensionPro outside of this mechanism. Additionally, PensionPro does not accept and is not responsible for Personally Identifiable Information (PII) transmitted to PensionPro. 


API TERMS

Some PensionPro customers may decide to access their system data via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product that accesses the System, is bound by the terms of this agreement plus the following specific terms:

  • You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from your use of the API or third party products that access data via the API.
  • Abuse or excessively frequent requests to the system via the API may result in the temporary or permanent suspension of your account’s access to the API. PensionPro, in its sole discretion, will determine abuse or excessive usage of the API. PensionPro will make a reasonable attempt via email to warn the account owner prior to suspension.

Effective October 13, 2016.