Subscription Agreement
This Subscription Agreement (“Agreement”) is between Mano Maya LLC, a Wyoming limited liability company doing business as 100bps (“100bps”), and the subscribing firm identified at checkout or on an Order Form (“Customer”). It governs paid access to the 100bps application (the “Service”). It is accepted by (a) checking the agreement box at checkout, or (b) signing an Order Form that references this Agreement — whichever occurs first. The 100bps Terms of Use and Privacy Policy are incorporated by reference; this Agreement controls for paid access if they conflict.
1. Definitions
- “Purchased Market” — the state(s) or region(s) identified at checkout or on the Order Form (or “National” if purchased).
- “Subscription Term” — the initial one-year term beginning on payment, and each renewal term.
- “Intelligence” — the data, scores, signals, computed metrics, plan lists, briefs, and other output of the Service.
- “Authorized Users” — Customer’s own personnel (employees and registered representatives of the subscribing firm).
2. License
100bps grants Customer a non-exclusive, non-transferable license during the Subscription Term for Authorized Users to access and use the Service and Intelligence within the Purchased Market, for Customer’s internal business use — evaluating, prospecting, and servicing retirement-plan business. Reasonable excerpts of Intelligence (e.g., an Opportunity Brief) may be shared with a specific prospect or client in the course of that business.
3. Restrictions
Customer will not, and will ensure Authorized Users do not:
- resell, redistribute, publish, or syndicate Intelligence, or provide access to any third party (including affiliates not on the Order Form);
- scrape, bulk-export, or systematically extract the Service beyond the export functions provided;
- use the Service or Intelligence to build, train, enrich, or operate a competing product or dataset;
- share credentials or exceed the scope of the Purchased Market by any technical means;
- remove or obscure watermarks, notices, or attribution.
100bps may suspend access upon reasonable evidence of violation, with notice and an opportunity to cure where practicable.
4. Fees, renewal, cancellation
- Fees are as stated at checkout or on the Order Form, billed annually in advance. Founding-rate pricing, where granted, persists for as long as the subscription renews without lapse.
- The subscription renews automatically for successive one-year terms unless either party gives notice of non-renewal before the renewal date. Customer may cancel renewal at any time; access continues through the end of the paid term.
- Except as required by law or expressly stated, fees are non-refundable.
- 100bps may change fees for a renewal term with at least thirty (30) days’ notice before the renewal date; non-renewal is Customer’s remedy. Founding-rate pricing is not increased while renewal never lapses.
- Taxes, if applicable, are Customer’s responsibility.
5. Data; disclaimers
Intelligence is computed from public government filings, which are self-reported by plan sponsors and necessarily reflect past filing periods; certain data (e.g., fund lineups) is extracted from filing attachments by automated means and should be independently verified before Customer acts on it. 100bps warrants that it will provide the Service with reasonable skill and care, but THE SERVICE AND INTELLIGENCE ARE OTHERWISE PROVIDED “AS IS,” WITHOUT WARRANTY OF ACCURACY, COMPLETENESS, TIMELINESS, OR FITNESS FOR A PARTICULAR PURPOSE. The Intelligence is not investment, legal, tax, or compliance advice and is not a recommendation.
6. Customer responsibilities
Customer is solely responsible for its use of Intelligence, including compliance with all laws and regulations applicable to its outreach, solicitation, marketing, and advisory activities (including telemarketing/do-not-call, CAN-SPAM, and applicable securities and fiduciary rules). 100bps supplies intelligence; it does not supply permission to contact anyone.
7. Confidentiality
Each party will protect the other’s non-public information with reasonable care and use it only to perform under this Agreement. Customer’s usage data is handled per the Privacy Policy; 100bps does not disclose Customer’s research activity to third parties.
8. Intellectual property
100bps retains all right, title, and interest in the Service and Intelligence (public-record facts themselves excepted). Customer retains all rights in its own data and work product. Feedback may be used by 100bps without obligation.
9. Term and termination
Either party may terminate for material breach not cured within 15 days of notice. 100bps may terminate immediately for violations of Section 3. On termination or expiration, access ends and Customer will cease use of Intelligence, except copies already incorporated into Customer’s business records (e.g., briefs delivered to a prospect), which may be retained. Sections 5–8 and 10–11 survive.
10. Limitation of liability
NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, OR DATA. EACH PARTY’S TOTAL LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE.
These limits do not apply to Customer’s breach of Sections 2–3, either party’s breach of Section 7, or amounts owed under Section 4.
11. General
Governing law: Wyoming, exclusive venue in Wyoming state or federal courts. Entire agreement; amendments in writing (renewal-term updates may be posted with notice before renewal). No assignment without consent, except to a successor in a merger or sale (notice required). Notices by email: access@100bps.ai (to 100bps) and Customer’s account email (to Customer). If any provision is unenforceable, the remainder stands.
Firms that require a countersigned engagement document may request an Order Form incorporating this Agreement — email access@100bps.ai.