NestEggs Retirement Plan Services, Inc.
Terms of Use

Effective Date: May 2026 | Last Updated: May 2026

1. Acceptance of These Terms

Please read these Terms of Use (the “Terms”) carefully before accessing or using the Service. These Terms govern your access to and use of the websites, web portals, Mobile Applications, and related online services made available by NestEggs Retirement Plan Services, Inc. (“NestEggs,” “we,” “us,” or “our”).

These Terms govern your access to and use of the Service on and after the Effective Date set forth above. Any prior terms of use, if applicable, governed your use of the Service before the Effective Date. By continuing to access or use the Service on or after the Effective Date, and by completing any re-acceptance flow presented within the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference and is linked in the footer of every page of the Service. If you do not agree to these Terms or the Privacy Policy, you may not access or use the Service.

If you are accessing or using the Service through a participant portal, sponsor portal, or Mobile Application, you will be presented with a separate affirmation (such as a checkbox confirming “I have read and agree to the Terms of Use”) and your acceptance will be recorded with a timestamp, your authenticated user identifier, and the version of these Terms accepted. Material revisions to these Terms may require affirmative re-acceptance upon your next login.

If you are accessing or using the Service on behalf of a Plan Sponsor or other entity, you represent and warrant that you are authorized to bind that entity to these Terms and that you will use the Service only in furtherance of duties you are authorized to perform on behalf of that entity. References to “you” in these Terms include both you individually and the entity on whose behalf you act, as the context requires.

Except as provided in Section 4.1, you represent that you are at least 18 years of age. The Service is not intended for unsupervised use by individuals under 13 years of age, and we do not knowingly collect personal information from individuals under 13. Where state law imposes heightened protections for the personal information of minors under 18 (or another age threshold), NestEggs applies those protections consistent with the Privacy Policy and applicable law.

2. Definitions

Capitalized terms used in these Terms have the meanings set forth below. Definitions apply to both singular and plural usage.

“Account” means a unique account established for you to access the Service or any portion of it.
“Affiliate” means an entity that controls, is controlled by, or is under common control with a party.
“Authorized User” means a Plan Sponsor, Plan participant, beneficiary, authorized representative of a minor beneficiary, or other person authorized by NestEggs or a Plan Sponsor to access the Service in connection with retirement plan recordkeeping or advisory services.
“Company, NestEggs, we, us, or our” refers to NestEggs Retirement Plan Services, Inc., a Florida corporation.
“Content” means all text, graphics, images, software, code, data, documents, calculators, reports, and other materials made available through the Service, excluding User Content.
“Customer Information” has the meaning given to that term in Regulation S-P (17 CFR 248.30), and includes nonpublic personal information about Plan participants, beneficiaries, and other natural persons.
“Feedback” means feedback, comments, suggestions, or ideas you provide regarding the Service.
“Mobile Application” means any software application made available by NestEggs for installation on a mobile device, whether developed by NestEggs or supplied to NestEggs by a service provider (including the Schwab Retirement Technologies platform), and distributed through the Apple App Store, Google Play Store, or any other authorized distribution channel. The term includes any updates, upgrades, or supplemental software components provided by NestEggs in connection with the application.
“Nonpublic Personal Information” has the meaning given to that term in Regulation S-P, 17 CFR 248.3(t).
“Plan” means an employee benefit plan, including a retirement plan, for which NestEggs provides recordkeeping, administrative, or investment advisory services.
“Plan Sponsor” means the employer or other entity that establishes and maintains a Plan and has engaged NestEggs to provide services.
“Service” refers to NestEggs’ website(s), web portals, Mobile Applications, and related online services, collectively.
“Services Agreement” means any recordkeeping, administrative services, investment advisory, or similar written agreement between NestEggs and a Plan Sponsor or other client.
“Third-Party Content” means any data, information, products, or services made available through the Service that are provided by a party other than NestEggs.
“User Content” means any information, data, content, files, or other materials that you submit, upload, post, transmit, or otherwise make available through the Service, other than Customer Information.
“You or your” means the individual accessing or using the Service, or the entity on whose behalf the individual is accessing or using the Service.

3. Description of Services and Relationship to Other Agreements

3.1 Description of Services

NestEggs provides retirement plan services in three capacities: as a third-party administrator providing administrative and recordkeeping services; as a recordkeeper operating on the Schwab Retirement Technologies platform; and as an investment adviser registered with the U.S. Securities and Exchange Commission. NestEggs may, when expressly agreed to in writing in a Services Agreement with a Plan Sponsor, assume fiduciary status under ERISA Section 3(16) (plan administrator), Section 3(21) (investment advice), or Section 3(38) (discretionary investment management). Except where such fiduciary status is expressly assumed in a written Services Agreement, or where NestEggs serves as a Pooled Plan Provider as described in Section 3.2, NestEggs’ administrative and recordkeeping services are ministerial and non-fiduciary in nature.

3.2 Pooled Plan Provider Status

Where NestEggs operates a Pooled Employer Plan (PEP) as defined under ERISA Section 3(43), NestEggs serves as the Pooled Plan Provider (PPP) under ERISA Section 3(44) and has registered with the Department of Labor on Form PR. NestEggs’ Form PR is publicly available through the Department of Labor’s EFAST2 system. As PPP, NestEggs is a named fiduciary and plan administrator with respect to each PEP it operates, in addition to any other fiduciary or non-fiduciary capacities described in a Services Agreement.

3.3 Schwab Retirement Technologies and Custody

NestEggs’ Mobile Applications and certain portal functionality are built on technology provided by Schwab Retirement Technologies, Inc. (“SRT”), and Charles Schwab & Co., Inc. acts as the qualified custodian for Plan assets. NestEggs is responsible for these Terms, the Privacy Policy, and the operation of the Service. Neither SRT nor Charles Schwab & Co., Inc. is an affiliate of NestEggs, and neither sponsors, endorses, or guarantees NestEggs’ services. Disclosures, agreements, and protections specific to Schwab brokerage accounts (where applicable to you) are provided separately by Charles Schwab & Co., Inc., and those terms govern your Schwab brokerage relationship.

NestEggs does not maintain physical or constructive custody of Plan assets or participant funds, is not a broker-dealer, and does not effect securities transactions on its own behalf. Plan assets are held by Charles Schwab & Co., Inc. or by another qualified custodian identified in the applicable Services Agreement.

3.4 Relationship to Other Agreements

If you are a Plan Sponsor, Plan participant, beneficiary, advisor, or other party with a separate written agreement with NestEggs, your relationship with NestEggs is also governed by that Services Agreement, by Plan documents, by the applicable summary plan description, by NestEggs’ Form ADV Part 2A brochure and Part 2B brochure supplement and any related investment advisory agreement, by NestEggs’ Form CRS (if applicable), and by any other supplemental agreement you have executed. These Terms are not intended to modify or supersede those agreements.

In the event of any conflict between these Terms and a Services Agreement, Plan documents, an investment advisory agreement, or any other applicable supplemental agreement, the terms of the Services Agreement, Plan documents, advisory agreement, or supplemental agreement shall govern with respect to the subject matter of that agreement. In the event of any conflict between these Terms and the Privacy Policy with respect to the collection, use, retention, disclosure, or security of personal information, the Privacy Policy shall govern.

4. Eligibility and User Accounts

4.1 Eligibility

The Service is operated from within the United States and is intended for use by U.S. persons. You may access the Service from outside the United States to the extent permitted by applicable U.S. and local law, but the Service is not directed to, and may not be available in, jurisdictions outside the United States. You must be legally able to enter into a binding contract. Subject to applicable Plan documents and the Services Agreement, you must be at least 18 years of age, except that:

A parent, guardian, custodian, or other authorized representative may access the Service on behalf of a minor beneficiary in accordance with the applicable Plan documents and Services Agreement; and
A Plan participant who is under 18 years of age and is otherwise eligible to participate in a Plan may access the Service only with the consent and supervision of a parent or guardian.

You represent and warrant that you are not (a) located in, or a national or resident of, any country or region that is subject to comprehensive U.S. sanctions administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury; (b) listed on the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List (SDN List), the U.S. Department of Commerce’s Denied Persons List or Entity List, or any other U.S. or non-U.S. government list of prohibited or restricted parties; or (c) acting on behalf of or owned or controlled by any person or entity on any such list. You agree to comply with all applicable U.S. export laws and regulations in connection with your use of the Service.

4.2 Account Information

When you create an Account, you agree to provide accurate, complete, and current information and to update such information promptly to maintain its accuracy. Providing inaccurate, incomplete, or outdated information may result in suspension or termination of your Account.

4.3 Account Credentials

You are responsible for safeguarding your username, password, and any other credentials used to access the Service. You agree not to disclose your credentials to any third party and to use only your own credentials when accessing the Service.

NestEggs is entitled to act on instructions received through your credentials in accordance with NestEggs’ established authentication, authorization, and fraud-detection procedures. You are responsible for activities that occur in connection with your credentials that result from your own failure to safeguard those credentials, except to the extent prohibited by applicable law, including the Employee Retirement Income Security Act of 1974 (“ERISA”) and Regulation S-P. Nothing in this Section limits any obligation of NestEggs under applicable law, including its obligations under amended Regulation S-P (17 CFR 248.30) to detect, respond to, and recover from unauthorized access to or use of Customer Information.

You must notify NestEggs immediately upon becoming aware of any unauthorized use of your credentials or any other breach of security. You agree to cooperate with NestEggs in any investigation and to take corrective measures.

4.4 Authorized User Administration

If you are a Plan Sponsor or other client of NestEggs that designates individuals to access the Service on its behalf (for example, employees responsible for plan administration, payroll submission, or participant management), you are responsible for:

Designating Authorized Users in accordance with the applicable Services Agreement and NestEggs’ established access procedures;
Notifying NestEggs within five (5) business days when an Authorized User’s role, employment, or authority changes, including when an Authorized User leaves your organization, changes responsibilities, or should otherwise have access modified or removed;
Ensuring that Authorized Users access and use the Service only within the scope of their authorized role and in accordance with these Terms; and
The acts and omissions of your Authorized Users in connection with their access to the Service.

NestEggs is entitled to act on instructions received from any Authorized User then-designated by you, in accordance with NestEggs’ established authentication, authorization, and fraud-detection procedures, until NestEggs receives notice of a change. You are responsible for activity occurring in connection with such credentials during the period before NestEggs receives and processes notice of a change, except to the extent prohibited by applicable law, including ERISA and Regulation S-P. NestEggs reserves the right, in its sole discretion, to suspend an Authorized User’s access independently of Plan Sponsor instruction where fraud-detection, security, or compliance signals warrant such action. Nothing in this Section limits any obligation of NestEggs under applicable law to detect, respond to, and recover from unauthorized access to or use of Customer Information.

4.5 Biometric Authentication on Mobile Applications

If you choose to enable biometric authentication (such as Touch ID, Face ID, or fingerprint authentication) on a Mobile Application, your biometric data is processed locally on your device by the device manufacturer’s operating system and is not transmitted to or stored by NestEggs. NestEggs receives only a confirmation that biometric authentication was successful. By enabling biometric authentication, you consent to this processing.

NestEggs does not sell, lease, trade, or otherwise profit from any biometric identifier or biometric information. NestEggs maintains a written policy, available to the public on the NestEggs website, establishing a retention schedule and destruction guidelines for biometric identifiers and biometric information that NestEggs holds, if any, in association with your biometric authentication enrollment. Under that policy, NestEggs commits to permanent destruction of such information when the initial purpose for collection has been satisfied or within three (3) years of your last interaction with NestEggs, whichever occurs first.

You may disable biometric authentication at any time through your device settings, in which case alternative authentication methods (such as password and SMS or app-based multi-factor authentication) will be used. Upon revocation, any device-level credentials or tokens that NestEggs holds in association with your biometric authentication enrollment will be invalidated and destroyed in accordance with the NestEggs biometric retention and destruction policy referenced above.

5. Permitted Use and License Grant

Subject to your compliance with these Terms and any applicable third-party license terms (including the Apple Standard EULA or Google Play Terms of Service), NestEggs grants you a limited, revocable, nonexclusive, nontransferable, non-sublicensable license to access and use the Service, including to install and use any Mobile Application made available by NestEggs (whether developed by NestEggs or supplied to NestEggs through its service providers), solely for your personal or, if applicable, internal business purposes related to a Plan or advisory relationship with NestEggs. You are responsible for obtaining and maintaining all equipment, services, and other materials necessary to access and use the Service.

All rights not expressly granted in these Terms are reserved by NestEggs and its licensors.

6. Prohibited Uses

Except as expressly authorized by NestEggs in writing, you may not, and may not permit or enable any third party to:

Modify, copy, distribute, forward, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any Content for any commercial purpose or in any manner that would harm NestEggs or its licensors;
Use any framing, scraping, deep-link, robot, spider, or other automated or manual device, program, algorithm, or methodology to access, acquire, copy, monitor, or redeliver any portion of the Service or any Content; provided that this restriction does not prohibit your good-faith use of assistive technologies (including screen readers, voice control, refreshable braille displays, and similar accessibility tools), password managers, or other tools used to access your own Account;
Authorize, enable, or otherwise permit any third-party account aggregator, data-mining service, financial-data intermediary, or similar tool to access the Service or any Content on your behalf through methods other than industry-standard data-sharing protocols expressly supported by NestEggs, except where such access is expressly approved by NestEggs in writing or authorized by the applicable Services Agreement or Plan documents;
Use, or permit any third party to use, the Service or any Content to train, fine-tune, evaluate, test, benchmark, or otherwise develop any artificial intelligence or machine learning model, including any large language model, generative AI system, embedding model, or similar system, or to create any dataset for such purposes, except where expressly authorized in writing by NestEggs;
Engage in any conduct, or introduce any virus, malware, ransomware, worm, trojan horse, or other malicious code, that could damage, disable, overburden, or impair the proper working of the Service or any related systems, networks, servers, or accounts;
Probe, scan, or test the vulnerability of the Service, attempt to gain unauthorized access to any portion of the Service, or circumvent any access-control, authentication, or security mechanism;
Modify, obscure, remove, or display NestEggs’ name, logo, trademarks, or notices without NestEggs’ prior written consent, or use NestEggs’ marks as meta-tags or other indicators that create an impression of affiliation, sponsorship, or endorsement;
Use the Service to access any accounts, Content, features, or information that you are not authorized to access; or
Use the Service in any manner that violates applicable law or for any purpose other than the purposes for which it is intended.

Nothing in this Section 6 limits your right to take screenshots or printouts of Content displayed in your own Account (for example, statements, confirmations, or balances) for your personal recordkeeping, tax, legal, or financial planning purposes.

NestEggs reserves the right to determine, in its sole discretion, whether any use of the Service violates these prohibitions.

7. User Content

You are solely responsible for all User Content you submit, upload, post, transmit, or otherwise make available through the Service. By submitting User Content, you represent and warrant that (i) you own all right, title, and interest in and to the User Content or have the express permission of the owner to use such User Content for all purposes related to the Service, and (ii) the User Content does not violate these Terms, any applicable law, or any third-party right.

For clarity, User Content does not include Customer Information. NestEggs’ handling of Customer Information is governed by NestEggs’ Privacy Policy, the applicable Services Agreement, Regulation S-P, the Florida Information Protection Act, ERISA, and other applicable law, and not by this Section 7.

Where a Plan Sponsor or its authorized representative submits information about Plan participants, beneficiaries, or other natural persons (including census data, payroll information, or eligibility data), the submission is governed by the applicable Services Agreement and the Plan documents, and the representations and license grants in this Section 7 apply only to the Plan Sponsor’s authority to make the submission and not to ownership of the underlying personal information.

NestEggs does not control and is not responsible for User Content, and NestEggs does not guarantee the accuracy, quality, or appropriateness of, nor endorse, any User Content. NestEggs is not obligated to monitor User Content but may remove or refuse to post any User Content at its discretion.

7.1 Restrictions on User Content

You agree not to submit, upload, post, transmit, or otherwise make available through the Service any User Content that:

Is unlawful, threatening, abusive, harassing, tortious, defamatory, libelous, invasive of another’s privacy, hateful, obscene, vulgar, or sexually explicit;
Harms minors in any way;
Impersonates any person or entity or misrepresents your affiliation with any person or entity, or forges headers or otherwise manipulates identifiers to disguise the origin of any User Content;
Infringes, violates, or misappropriates any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any party;
Discloses Nonpublic Personal Information about another individual or specific account details of any person other than your own information shared in accordance with the intended use of the Service;
Constitutes advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or
Contains viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment.

Nothing in these Terms restricts your right to engage in any “covered communication” protected by the Consumer Review Fairness Act, 15 U.S.C. § 45b, including honest reviews, performance assessments, or other analysis of NestEggs’ goods, services, or conduct.

7.2 License to NestEggs

This Section 7.2 applies only to User Content (as defined and clarified above) and does not apply to Customer Information.

You grant NestEggs and its Affiliates a worldwide, nonexclusive, royalty-free license to host, store, reproduce, display, and distribute your User Content solely as reasonably necessary to operate and provide the Service, to deliver the services described in the applicable Services Agreement, and to comply with applicable law. The license granted in this Section continues for so long as NestEggs is required to retain the User Content under applicable law (including SEC Rule 204-2) or under its records retention policies. After the applicable retention period expires, the license terminates when the User Content is removed from the Service.

For Feedback, which is not subject to the same regulatory or fiduciary constraints as other User Content, you grant NestEggs a perpetual, worldwide, irrevocable, nonexclusive, fully paid-up, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, and create derivative works from such Feedback, in any medium, for any purpose.

7.3 Feedback

You assign all right, title, and interest in any Feedback you provide to NestEggs. If such assignment is ineffective, the broad license described in Section 7.2 applies to such Feedback.

7.4 Monitoring and Retention

NestEggs may, but is not obligated to, monitor, review, retain, archive, and produce communications and User Content submitted through the Service for purposes of operating the Service, providing services described in the applicable Services Agreement, complying with applicable law, and complying with NestEggs’ regulatory recordkeeping obligations, including under SEC Rule 204-2 (17 CFR 275.204-2) and other rules applicable to investment advisers, third-party administrators, and recordkeepers. By using the Service, you acknowledge that you have no expectation of privacy in communications conducted through the Service with respect to such retention and review. This Section does not modify NestEggs’ confidentiality and privacy obligations under the Privacy Policy, Regulation S-P, applicable Services Agreements, or applicable law.

8. Intellectual Property

The Service and all Content (excluding User Content) are and will remain the exclusive property of NestEggs and its licensors and are protected by copyright, trademark, trade dress, patent, and other intellectual property laws of the United States and other jurisdictions.

The NestEggs name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NestEggs or its Affiliates. You may not use such marks without the prior written permission of NestEggs. All other trademarks, service marks, and logos appearing on the Service are the property of their respective owners.

9. Limitations Regarding Information Presented

Content made available through the Service is provided for general informational, educational, and noncommercial purposes only. The Service is not intended to provide legal, tax, accounting, fiduciary, or insurance advice.

9.1 No Investment Advice Through the Service

NestEggs is registered with the U.S. Securities and Exchange Commission as an investment adviser and is notice-filed in those states listed in Section 1.I of Schedule D of NestEggs’ Form ADV Part 1A, which is publicly available at adviserinfo.sec.gov. Registration does not imply any particular level of skill or training. Information available through the Service does not constitute investment advice, a recommendation, or a solicitation to buy or sell any security or to adopt any investment strategy. Any investment advisory services provided by NestEggs are governed by a separate written investment advisory agreement, by NestEggs’ Form ADV Part 2A brochure and Part 2B brochure supplement, and (where applicable) by NestEggs’ Form CRS. Each is available upon request and on the SEC’s Investment Adviser Public Disclosure website at https://adviserinfo.sec.gov.

Before making any investment decision, you should consider whether the investment, strategy, or transaction is appropriate based on your personal investment objectives, financial circumstances, and risk tolerance, and you are encouraged to consult your own legal, tax, or financial professional.

9.2 No Fiduciary Relationship Created by Website Use

Your access to or use of the Service does not, by itself, create a fiduciary relationship between you and NestEggs under ERISA or any other law. Where NestEggs acts as a fiduciary with respect to a Plan, the scope and nature of that fiduciary relationship are defined exclusively in the applicable Services Agreement or investment advisory agreement and in the Plan documents.

9.3 Accuracy and Timeliness

Although NestEggs strives to include accurate and timely information on the Service, there may be inadvertent inaccuracies or errors. NestEggs does not warrant the accuracy, completeness, availability, or timeliness of the Service or any Content. Content is presented only as of the date and time published or indicated and may be superseded by subsequent events or for other reasons. NestEggs undertakes no obligation to update or revise any dated or forward-looking statements.

9.4 Past Performance

Past performance is not a guarantee, indication, or projection of future results. Investment values fluctuate, and amounts invested may be worth more or less than the original amount when redeemed.

10. Third-Party Content and Links

The Service may include Third-Party Content and may contain links to third-party websites or services that are not owned or controlled by NestEggs. Third-Party Content is provided by third-party content providers, and any such content is the property of those providers.

NestEggs is not responsible for, and does not endorse, sponsor, or guarantee, the accuracy, timeliness, completeness, usefulness, or availability of any Third-Party Content or any third-party website or service. The inclusion of any Third-Party Content or link does not constitute an endorsement or recommendation by NestEggs.

You accept and assume all risks of using any Third-Party Content and any third-party websites or services. NestEggs will not be liable for any loss or damage of any kind incurred as a result of your use of or reliance on any Third-Party Content or any third-party website or service. You should review the terms of use and privacy policies of any third-party website or service that you visit.

11. Electronic Communications

11.1 Consent to Electronic Communications and Signatures

By using the Service, you consent to receive electronic communications from NestEggs, including notices, agreements, disclosures, account statements, and other communications related to the Service, the Plan, and any advisory or recordkeeping relationship with NestEggs. SMS messages are governed separately by Section 12, which controls over this Section 11.1 with respect to SMS. You agree that any such electronic communications satisfy any legal requirement that the communication be in writing, including under the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 (“E-SIGN Act”), and any applicable state electronic transactions law. You consent to the use of electronic signatures to evidence your acceptance of these Terms and other agreements with NestEggs.

Where required by applicable law for consumer transactions, NestEggs (directly or through its service providers, including the Schwab Retirement Technologies platform) obtains your consent in a manner that reasonably demonstrates your ability to access information in the electronic form that will be used to provide it, consistent with 15 U.S.C. § 7001(c)(1)(C)(ii).

To the extent NestEggs provides Plan-related disclosures electronically, NestEggs will comply with applicable Department of Labor electronic delivery safe harbors at 29 CFR 2520.104b-1(c) and 29 CFR 2520.104b-31, the Internal Revenue Service electronic delivery rules under 26 CFR 1.401(a)-21, and applicable SEC requirements.

Electronic records of disclosures and notices delivered through the Service are retained by NestEggs (directly or through its service providers, including the Schwab Retirement Technologies platform) in a form that accurately reflects the information in the record and remains accessible to you for the periods required by applicable law, consistent with 15 U.S.C. § 7001(d).

You may request a paper copy of any electronically delivered record by contacting NestEggs using the channels identified in Section 22. NestEggs will provide the paper copy within a reasonable time, without charge.

You may withdraw your consent to electronic delivery by contacting NestEggs using the contact information in Section 22. Withdrawal of consent may result in your inability to use certain features of the Service.

11.2 Security of Electronic Communications

You should not transmit Nonpublic Personal Information, account credentials, or financial information to NestEggs through unencrypted channels such as unencrypted email, SMS, or fax. Submissions made through the authenticated portion of the Service are protected by encryption in transit. Notwithstanding such encryption, you acknowledge that there is no guarantee that data communicated electronically between you and NestEggs or between you and any other party will not be intercepted or accessed by unauthorized third parties.

11.3 Push Notifications

Mobile Applications made available by NestEggs may send push notifications for purposes such as transaction confirmations, security alerts, multi-factor authentication challenges, and Plan-related notices. You may control push notification preferences through your device settings. Disabling push notifications may affect the timeliness or availability of certain features of the Service, including security-related alerts and time-sensitive Plan notices.

12. SMS and Text Message Communications

If you provide a mobile phone number and opt in to receive SMS messages from NestEggs, NestEggs may send verification codes, one-time passcodes, multi-factor authentication codes, and account-related transactional notifications to that number.

Message frequency varies based on your Account activity and NestEggs’ security procedures. Message and data rates may apply. Consent to receive SMS messages is not a condition of using the Service or of receiving any product or service from NestEggs, except to the extent SMS-based multi-factor authentication is required by NestEggs’ security procedures, in which case alternative authentication methods are available upon request.

NestEggs does not send promotional or marketing SMS messages under the SMS opt-in described in this Section. Any promotional or marketing communications, if NestEggs offers them in the future, will be subject to a separate opt-in process and the requirements of the Telephone Consumer Protection Act and applicable state law.

You may cancel SMS messages at any time by replying STOP to any message. For help, reply HELP, or contact NestEggs at the telephone number in Section 22. Carriers are not liable for delayed or undelivered messages. By providing your mobile number and opting in, you represent that you are the subscriber of the mobile number provided or have the authority of the subscriber to opt in.

13. Privacy

Your access to and use of the Service is also subject to NestEggs’ Privacy Policy, which describes how NestEggs collects, uses, and discloses information about you, and which is available at the link in the footer of every page of the Service. By using the Service, you agree to the terms of the Privacy Policy. NestEggs’ handling of Nonpublic Personal Information of natural persons is governed by Regulation S-P (17 CFR Part 248), adopted by the U.S. Securities and Exchange Commission under Title V of the Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801-6809, and related securities laws, by the Florida Information Protection Act, Fla. Stat. § 501.171, and by other applicable privacy and data protection laws.

Pursuant to amended Regulation S-P, NestEggs maintains a written incident response program reasonably designed to detect, respond to, and recover from unauthorized access to or use of Customer Information, and will notify affected individuals as required by applicable law, including the 30-day notification requirement at 17 CFR 248.30(a)(4) where applicable.

The Privacy Policy addresses NestEggs’ use of tracking technologies (including cookies, pixels, and analytics) and identifies any third-party recipients of tracking data. NestEggs honors Global Privacy Control (GPC) browser signals as valid opt-out requests where required by applicable state law. For California residents, NestEggs provides a “Notice at Collection” at or before the point of collecting personal information through the Service, in addition to the Privacy Policy. The Notice at Collection identifies the categories of personal information collected and the purposes of collection at each collection point.

13.1 Cybersecurity Program

NestEggs maintains a written cybersecurity program reasonably designed to protect Customer Information and Plan data, consistent with the U.S. Department of Labor’s Cybersecurity Program Best Practices and with SEC Regulation S-P. NestEggs’ cybersecurity program includes risk assessment, access controls including multi-factor authentication on Internet-facing systems, encryption of sensitive data in transit and at rest, third-party service provider oversight, incident response procedures, and ongoing monitoring. Additional information about NestEggs’ cybersecurity practices is available to Plan Sponsors upon request as part of vendor due diligence.

14. Accessibility

NestEggs works to make the Service accessible to individuals with disabilities and targets conformance with the Web Content Accessibility Guidelines (WCAG) 2.2 Level AA. If you experience difficulty accessing any portion of the Service or need an accommodation to use the Service, please contact NestEggs using the information in Section 22, and NestEggs will work in good faith to provide the requested information or service through an alternative accessible method.

15. Disclaimer of Warranties

THE SERVICE AND ALL CONTENT ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND DEFECTS, WITHOUT WARRANTY OF ANY KIND. To the maximum extent permitted by applicable law, NestEggs, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement, and warranties that may arise from a course of dealing, course of performance, usage, or trade practice.

Without limiting the foregoing, NestEggs makes no representation or warranty: (i) that the Service will meet your requirements or achieve any intended results; (ii) that the Service will be uninterrupted, secure, timely, or error-free; (iii) as to the accuracy, reliability, completeness, or currency of any Content; or (iv) that the Service, its servers, or any communications sent from or on behalf of NestEggs are free of viruses, malware, or other harmful components.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on consumer rights, so some or all of the above exclusions may not apply to you. To the extent such exclusions are not enforceable, they will apply to the maximum extent permitted by applicable law.

Nothing in this Section limits or excludes any liability that cannot lawfully be limited or excluded, including any liability arising from a breach of fiduciary duty under ERISA Section 410(a), 29 U.S.C. § 1110(a).

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NESTEGGS, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR VENDORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, TRADING LOSSES, BUSINESS INTERRUPTION, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT, EVEN IF NESTEGGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF NESTEGGS AND ITS AFFILIATES UNDER OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO NESTEGGS FOR ACCESS TO THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS (US$100).

NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION 16 LIMITS, EXCLUDES, OR DISCLAIMS ANY LIABILITY OF NESTEGGS OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS FOR BREACH OF FIDUCIARY DUTY UNDER ERISA SECTION 410(A), 29 U.S.C. § 1110(A), OR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO LIABILITY ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICE, AND DO NOT APPLY TO LIABILITY ARISING UNDER THE APPLICABLE SERVICES AGREEMENT, INVESTMENT ADVISORY AGREEMENT, OR PLAN DOCUMENTS, WHICH ARE GOVERNED BY THEIR OWN TERMS.

NestEggs will not be liable for any loss resulting from a cause over which NestEggs does not have direct control. Events that may excuse NestEggs’ performance include, without limitation: acts of God; severe weather events; earthquakes, fires, floods, and other natural disasters; pandemics, epidemics, or public health emergencies; cyberattacks, ransomware, or denial-of-service incidents (whether against NestEggs, its service providers including SRT, or upstream infrastructure); failure of telecommunications or internet infrastructure; failure of artificial-intelligence systems or third-party software dependencies; war, terrorism, or civil disturbance; labor disputes; and acts of government or regulatory authority. Nothing in this paragraph excuses, limits, or modifies any fiduciary obligation of NestEggs under ERISA Section 404 or any other liability that cannot lawfully be limited or excluded.

If any jurisdiction does not allow the exclusion or limitation of incidental, consequential, or other damages, some of the above exclusions or limitations may not apply to you, and the liability of NestEggs will be limited to the greatest extent permitted by law.

17. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless NestEggs, its Affiliates, and their respective directors, officers, employees, agents, licensors, and vendors from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to:

Your access to or use of the Service or any Content;
Your breach of these Terms or any applicable law;
Your User Content;
Your violation of any third-party right, including any intellectual property, privacy, or publicity right; or
Any unauthorized use of your Account or credentials that results from your failure to safeguard those credentials.

NestEggs reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with NestEggs in asserting any available defenses.

Nothing in this Section requires you to indemnify NestEggs or any other Indemnified Party for any liability that cannot lawfully be limited, excluded, or shifted by contract, including liability arising from a breach of fiduciary duty under ERISA Section 410(a), 29 U.S.C. § 1110(a). The obligations in this Section do not apply to claims to the extent they arise from the gross negligence, willful misconduct, or breach of fiduciary duty of NestEggs or any other Indemnified Party.

18. Termination

NestEggs may suspend or terminate your access to all or part of the Service at any time, with or without notice, and with or without cause, including for any breach of these Terms. Notwithstanding the foregoing, NestEggs will not suspend or terminate a Plan participant’s or beneficiary’s access to features of the Service that are necessary to exercise rights under the Plan, except as permitted by the Plan documents, the applicable Services Agreement, or applicable law (including for suspected fraud, security investigations, or compliance with legal process). NestEggs will not be liable to you or any third party for any termination of your access to or use of the Service. Termination of your access to the Service does not, by itself, terminate the Plan, your participation in the Plan, or any Services Agreement, each of which is governed by its own terms.

Upon termination, your right to use the Service will cease immediately. Provisions of these Terms that by their nature should survive termination will survive, including without limitation provisions regarding intellectual property, User Content licenses, disclaimers, limitations of liability, indemnification, governing law, and dispute resolution.

19. Modification of These Terms

NestEggs reserves the right, in its sole discretion, to modify or replace these Terms at any time. If a revision is material, NestEggs will make reasonable efforts to provide at least thirty (30) days’ notice prior to the new terms taking effect. Notice may be provided by (a) email to the address associated with your Account, (b) a notice posted within the Service (including an in-portal banner), or (c) posting an updated version of these Terms with a revised “Last Updated” date. What constitutes a material change will be determined by NestEggs in its reasonable discretion.

For material changes that affect Plan participants, NestEggs may require affirmative re-acceptance of the revised Terms upon the next login to the participant portal or Mobile Application. Continued use of the Service after re-acceptance constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service. Changes to fees, fiduciary scope, or other terms governed by the Services Agreement, an investment advisory agreement, or Plan documents are not made through this Section and are governed by those agreements.

20. Governing Law and Dispute Resolution

20.1 Governing Law

These Terms and your use of the Service are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Your use of the Service may also be subject to other local, state, national, or international laws.

20.2 Informal Resolution

If you have any concern or dispute about the Service, you agree to first attempt to resolve the dispute informally by contacting NestEggs at the contact information in Section 22.

20.3 Forum and Venue

Except as otherwise provided in Section 20.4, any dispute arising out of or related to these Terms or your use of the Service that is not resolved informally shall be brought exclusively in the state or federal courts located in Duval County, Florida, and you irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue on grounds of inconvenient forum or otherwise. Nothing in this Section affects the forum, venue, or dispute resolution provisions of any applicable Services Agreement, investment advisory agreement, or Plan documents, which shall govern with respect to disputes arising under those agreements.

20.4 Equitable Relief

Notwithstanding the foregoing, NestEggs may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, or other rights, without the necessity of posting a bond and without proving actual damages.

20.5 Class Action Waiver

ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL BE BROUGHT SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR NESTEGGS WILL PARTICIPATE IN A CLASS ACTION, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. THIS CLASS ACTION WAIVER DOES NOT APPLY TO CLAIMS ARISING UNDER ERISA, INCLUDING ANY CLAIM FOR BREACH OF FIDUCIARY DUTY UNDER ERISA SECTION 502 OR ANY CLAIM SEEKING PLAN-WIDE RELIEF UNDER ERISA SECTION 502(A)(2) OR SECTION 409(A), OR TO ANY OTHER CLAIM FOR WHICH A CLASS ACTION WAIVER IS NOT ENFORCEABLE UNDER APPLICABLE LAW.

21. Miscellaneous

21.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions will continue in full force and effect.

21.2 Waiver

The failure of NestEggs to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any breach will be deemed a waiver of any subsequent breach.

21.3 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and NestEggs regarding your use of the Service and supersede any prior or contemporaneous understandings and agreements regarding the Service. These Terms do not modify or supersede any Services Agreement, investment advisory agreement, or Plan documents.

21.4 Assignment

You may not assign or transfer these Terms or any of your rights or obligations under these Terms without the prior written consent of NestEggs. NestEggs may freely assign or transfer these Terms without notice to you. Any attempted assignment in violation of this section is void.

21.5 No Third-Party Beneficiaries

Except as otherwise expressly provided in these Terms, including with respect to (a) NestEggs’ Affiliates, licensors, service providers, and vendors, who are intended third-party beneficiaries of the provisions of these Terms that relate to them; and (b) Schwab Retirement Technologies, Inc. and Charles Schwab & Co., Inc., who are intended third-party beneficiaries of the provisions of these Terms that relate to the SRT platform and Plan asset custody, these Terms do not create any third-party beneficiary rights.

21.6 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

21.7 Notices to You

Unless otherwise required by applicable law or by an applicable Services Agreement, NestEggs may provide notices to you under these Terms by email to the address associated with your Account, by notice posted within the Service, by SMS to a mobile number you have provided for that purpose, or by U.S. mail to your last known address. Notices are deemed received on the date sent for electronic methods and three business days after deposit in the U.S. mail.

22. Contact Information

If you have any questions about these Terms, please contact NestEggs at:

Company Address: 10407 Centurion Pkwy N Suite 126 Jacksonville, FL 32256

Phone: 904-348-3131

Email: [email protected]

Website: nesteggs401k.com

NestEggs Retirement Plan Services, Inc. Terms of Use