Terms of Service

2.1 Agreement

These Terms of Service ("Terms") are a binding agreement between ThinkNirvana LLC and the entity subscribing to or accessing Plan Vector ("Subscriber," "you"). By accessing the Service you accept these Terms. If you are accepting on behalf of an organization, you represent that you are authorized to bind it.

2.2 Eligibility; access

The Service is offered to institutional subscribers only and is not intended for consumers or plan participants. Access is granted to named, authorized users on an approved allowlist and is controlled by identity-verified sign-in. You are responsible for all activity under your users' access, for keeping access limited to authorized users, and for promptly notifying us of any unauthorized use. We may approve, decline, suspend, or revoke access at our discretion.

Competitor access is prohibited. The Service may not be accessed for the purpose of monitoring its availability, performance, or functionality, or for any benchmarking or competitive purpose. Providers of comparable data, plan-benchmarking, or prospecting-intelligence services (and their affiliates) may not access the Service except with our prior written consent, and we maintain a competitor-exclusion list for this purpose. Registering or accessing through a misrepresented identity or affiliation is a material breach.

2.3 The Service

Plan Vector provides benchmarked analytics and derived indicators (including the Switch-Readiness Index and Pain Index), plan-level detail with line-level citations to public Form 5500 filings, generated pre-RFP playbooks, and related features. Features, methodology, thresholds, and data vintage may change over time.

2.4 License and restrictions

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your organization's internal business purposes. You may not, and may not permit others to:

• resell, sublicense, redistribute, publish, or make the Service or its data outputs available to any third party, or use it to provide a service to third parties;
• scrape, bulk-export, or systematically download the dataset, or attempt to reconstruct the underlying population;
• reverse-engineer, decompile, or attempt to derive the scoring models, thresholds, weightings, or methodology, or use the Service to build or train a competing dataset, model, or product, or engage in competitive analysis or benchmarking of the Service;
• circumvent or attempt to circumvent access controls, entitlement limits, rate limits, or allowlisting;
• upload to the Service any sensitive personal information — including Social Security numbers, financial account or payment-card numbers, government identifiers, or health/medical information (PHI);
• remove or obscure provenance citations, notices, or attributions; or
• use the Service in violation of law or of these Terms.

2.5 Data source; accuracy; "as is"

The Service is derived from public government filings (U.S. DOL / EFAST2 Form 5500 and its schedules) and from ThinkNirvana LLC's own processing of that data. Public filings contain errors, omissions, and reporting artifacts. While we apply data-cleansing and materiality methods, the Service is provided "AS IS" and "AS AVAILABLE," without warranties of any kind, including any warranty of accuracy, completeness, currency, merchantability, or fitness for a particular purpose. Figures are point-in-time to the stated filing vintage and are benchmarks, not quotes.

2.6 Acceptable use

You are solely responsible for how you use the information, including all outreach, marketing, pricing, and sales activity. You will comply with all laws applicable to that activity, including securities, ERISA, consumer-protection, anti-spam, and privacy laws. You will not use the Service to harass, defame, or unlawfully target any person or entity, or in any manner inconsistent with the Two-Sided-Model Disclosure.

2.7 Intellectual property

As between the parties, ThinkNirvana LLC owns all rights in the Service, the compiled and processed dataset, the scores, indicators, methodology, playbook templates, and the user interface. The underlying public filings are not owned by us. No rights are granted except as expressly stated. Feedback you provide may be used by us without restriction.

2.8 Fees; subscription; taxes

Access is provided on a subscription basis under an Order Form. Unless the Order Form states otherwise: the subscription term is annual, billed annually in advance; the term auto-renews for successive annual terms unless either party gives written notice of non-renewal at least 30 days before the end of the then-current term; we may increase fees on renewal with at least 45 days' prior written notice; invoiced fees are due net 30, and we may suspend access on overdue amounts after notice; and fees are non-refundable and non-cancelable for the paid term. Multi-year terms may be offered by Order Form. Fees are exclusive of taxes, which are your responsibility. Payments are processed by our third-party payment processor.

2.9 Confidentiality

Non-public information each party discloses in connection with the Service (including our methodology details, pricing, and non-public features, and your account and usage information) is confidential and may be used only for purposes of these Terms.

2.10 Disclaimers

The Service does not provide, and nothing in it constitutes, investment, legal, tax, actuarial, or fiduciary advice. We are not a fiduciary to you or to any plan. Benchmarks, indicators, scores, and generated playbooks are recommendations and informational outputs only — not quotes, and not a guaranty of any deal, outcome, or of compliance with any standard. You are solely responsible for your use of the outputs, including all outreach, marketing, pricing, and sales activity, and for your compliance with all applicable securities, ERISA, consumer-protection, anti-spam, and privacy laws.

2.11 Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues. Our total aggregate liability arising out of or relating to the Service and these Terms will not exceed the fees you paid for the Service in the twelve (12) months preceding the event giving rise to the claim. This cap does not apply to your breach of the use restrictions (§2.4), your breach of confidentiality (§2.9), or your indemnification obligations (§2.12), which are not subject to the foregoing limit.

2.12 Indemnification

You will defend and indemnify ThinkNirvana LLC against third-party claims arising from your use of the Service, your outreach or sales activity, or your breach of these Terms, except to the extent caused by our willful misconduct.

2.13 Term; suspension; termination

These Terms apply while you have access. We may suspend or terminate access for breach, for risk to the Service or others, or as otherwise stated. Sections 2.4–2.12 and 2.14 survive termination. On termination you must cease use and destroy any exported outputs permitted under your subscription.

2.14 Governing law; miscellaneous

These Terms are governed by the laws of the State of Maryland, without regard to conflict-of-laws rules, with exclusive venue in the state and federal courts located in Montgomery County, Maryland. You acknowledge that a breach of the use restrictions (§2.4) or of confidentiality (§2.9) may cause irreparable harm for which monetary damages are inadequate, and that we may seek injunctive and other equitable relief (without the need to post a bond) in addition to any other remedy. If any provision is unenforceable, the rest remains in effect. These Terms are the entire agreement on their subject matter. We may update these Terms prospectively; material changes will be notified, and continued use constitutes acceptance.

Contact: legal@thinknirvana.org · ThinkNirvana LLC, Olney, MD

Notes for counsel (resolve before publishing — applies across Disclosure / Terms / Privacy / Website Terms)

• Data-broker registration. Confirm whether operating a B2B analytics product built from public ERISA filings triggers state data-broker registration (e.g., California, Texas, Oregon, Vermont) given it is business/plan data, not consumer data — and register if required.
• FCRA / consumer-report status. Confirm the Service is not a "consumer report" and is not used for FCRA-covered purposes; the Terms/Disclosure assume B2B, non-consumer use — validate the disclaimers are sufficient.
• No-PII posture. Confirm the "no individual consumer profiles" characterization holds given plan-administrator names can appear in public filings; adjust §3.2/§3.9 if needed.
• Securities/ERISA use restrictions. Confirm the acceptable-use and disclaimer language adequately places responsibility for outreach/sales conduct on the Subscriber.
• Two-sided disclosure sufficiency. Confirm the disclosure adequately cures any reliance on the Foundation's "not funded by the industry" positioning once a paid provider product exists under the LLC — and confirm placement/prominence.
• Entity formalities. ThinkNirvana LLC Maryland details (registered address, member/manager signature block), venue county, and the commingling of this line of business with the LLC's existing rental activity (separate books/DBA if advised).
• Subprocessor DPAs. Ensure signed data-processing terms with each subprocessor named in §3.6; confirm the Anthropic no-training representation matches the contracted terms.
• Payment/refund/cancellation terms (§2.8) to be finalized once pricing bands are set.