PlanScore Terms of Service
Effective Date: September 4, 2026
1. Acceptance of Terms
These Terms of Service (“Terms”) govern access to and use of the PlanScore application, including app.planscore.com and planscore.com (collectively, the “Service”), provided by Success Mindsets LLC d/b/a PlanScore, a Tennessee limited liability company (“PlanScore,” “we,” “us,” or “our”). By creating an account or otherwise using the Service, you (“User,” “you,” or the “firm” you represent) agree to be bound by these Terms. If you do not agree, do not use the Service.
2. Description of the Service
PlanScore is a financial planning software platform that enables financial advisory firms and their staff to manage financial planning data for their own clients. PlanScore is a technology tool only. PlanScore is not a registered investment adviser, broker-dealer, or provider of financial, investment, tax, or legal advice. The Service performs calculations and organizes information at the direction of the firm and its personnel; it does not recommend securities, investments, or courses of action. Any advice given to a client of the firm remains solely the responsibility of the firm and its licensed professionals.
3. Eligibility & Accounts
The Service is intended for business use by financial advisory firms and their authorized personnel, not for personal or consumer use.
You must be at least 18 years old and have authority to bind your firm to these Terms.
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
You agree to provide accurate account and firm information and to keep it up to date.
4. Subscription & Billing
The Service is offered on a subscription basis, with monthly and annual billing options.
Subscription fees are billed in advance and processed through our payment processor, Stripe.
Subscriptions renew automatically at the end of each billing period unless canceled prior to renewal. You may cancel at any time through your account settings or by contacting us. Cancellation stops future renewals and takes effect at the end of the then-current billing period; fees already paid for the current period are not refunded or prorated.
PlanScore may change subscription pricing on at least thirty (30) days’ written notice before the change takes effect. A price change applies from your next renewal. If you do not accept it, you may cancel before that renewal without penalty; continued use after the change takes effect constitutes acceptance.
5. Client Data & Ownership
As between PlanScore and the firm, the firm retains all ownership rights in the Client Data it enters into the Service. PlanScore processes Client Data solely as a service provider acting on the firm’s instructions, as further described in the PlanScore Privacy Policy. During the subscription and for thirty (30) days after it ends, the firm may export its Client Data through the Service in a commonly used format.
PlanScore retains all ownership rights in the Service itself, including its software, design, and underlying technology. Nothing in these Terms transfers ownership of the Service or its intellectual property to any User. PlanScore may create and use data that has been aggregated and de-identified so that it no longer identifies any firm, User, or client, for the purpose of operating, securing, and improving the Service and producing industry benchmarks. PlanScore will not attempt to re-identify such data and will not disclose it in any form that identifies a firm, User, or client.
6. Acceptable Use
You agree not to:
Use the Service for any unlawful purpose or in violation of any applicable regulation.
Attempt to gain unauthorized access to any part of the Service, other firms' data, or underlying infrastructure.
Interfere with or disrupt the integrity or performance of the Service.
Reverse engineer, decompile, or attempt to extract the source code of the Service, except as permitted by law.
Use the Service to store or transmit data you do not have the right or authorization to process.
7. Confidentiality
Each party agrees to protect the other's confidential information using at least the same degree of care it uses to protect its own confidential information of a similar nature, and not to disclose it to third parties except as necessary to provide or use the Service, or as required by law.
8. Third-Party Services
The Service relies on certain third-party providers to operate, including Bubble (application hosting), Stripe (payment processing), and Postmark (transactional email delivery). PlanScore remains responsible for its selection and oversight of these providers and for the security of Client Data held by them. PlanScore is not liable for Service interruptions caused solely by a third-party provider and outside PlanScore’s reasonable control, but will use commercially reasonable efforts to restore Service functionality promptly.
9. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
PlanScore is a software tool and does not provide financial, investment, tax, or legal advice, and is not a registered investment adviser or broker-dealer. Any financial planning outputs generated through the Service are tools for use by the advisory firm's own licensed professionals, who remain solely responsible for the advice and recommendations provided to their clients.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLANSCORE'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE FEES PAID BY THE FIRM TO PLANSCORE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. PLANSCORE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THE FOREGOING LIMITATIONS DO NOT APPLY TO: (A) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 11; (B) EITHER PARTY’S BREACH OF SECTION 7 (CONFIDENTIALITY); (C) ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF CLIENT DATA CAUSED BY PLANSCORE’S FAILURE TO MEET ITS OBLIGATIONS UNDER SECTION 15, FOR WHICH PLANSCORE’S LIABILITY SHALL NOT EXCEED THE GREATER OF [TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000)] AND [THREE (3)] TIMES THE FEES PAID IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; (D) THE FIRM’S OBLIGATION TO PAY FEES; OR (E) EITHER PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD.
11. Indemnification
Each party agrees to defend, indemnify, and hold the other harmless from third-party claims arising out of its own breach of these Terms, violation of applicable law, or, in the case of the firm, misuse of the Service, unauthorized processing of Client Data, or the advice it provides to its own clients. PlanScore will additionally defend and indemnify the firm against any third-party claim alleging that the Service, as provided by PlanScore and used in accordance with these Terms, infringes or misappropriates a United States patent, copyright, trademark, or trade secret. The party seeking indemnity shall give prompt written notice of the claim, allow the indemnifying party to control the defense with counsel of its choosing, and provide reasonable cooperation at the indemnifying party’s expense; the indemnifying party shall not settle any claim in a way that imposes liability or an admission of fault on the other party without its prior written consent, not to be unreasonably withheld.
12. Term & Termination
These Terms remain in effect for as long as you maintain an active subscription or otherwise use the Service.
Either party may terminate for the other’s material breach that remains uncured thirty (30) days after written notice describing the breach in reasonable detail.
PlanScore may suspend or terminate accounts that violate these Terms or pose a security risk to the Service or other Users.
Upon termination, the firm may export its Client Data for thirty (30) days as provided in Section 5, after which PlanScore will delete it in accordance with the retention schedule in the PlanScore Privacy Policy. PlanScore will confirm deletion in writing on request.
13. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Tennessee, without regard to its conflict of laws principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions below.
A. Any claim or dispute arising out of or relating to these Terms or the Service will be resolved solely and exclusively by binding arbitration seated in Nashville, Tennessee, rather than in court. Tennessee law governs these Terms and any arbitration conducted under them.
B. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, may award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
C. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect before a single arbitrator. The parties agree that these Terms govern a commercial relationship between businesses and that the AAA Consumer Arbitration Rules do not apply. Filing, administration, and arbitrator fees will be governed by those Rules, and each party will bear its own attorneys’ fees unless the arbitrator determines otherwise.
D. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If this sentence is held unenforceable, the entirety of this Section 13 shall be void, and any dispute shall be resolved in the state or federal courts located in Williamson County, Tennessee, to whose exclusive jurisdiction both parties consent. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial.
E. Notwithstanding the foregoing, either party may bring suit in a court of competent jurisdiction to enjoin infringement or other misuse of its intellectual property or other proprietary rights, or to seek other injunctive relief pending the outcome of arbitration.
14. Changes to These Terms
PlanScore may update these Terms from time to time. We will give at least thirty (30) days’ notice of material changes through the Service or by email before they take effect. If you do not accept a material change, you may cancel your subscription before it takes effect and receive a prorated refund of prepaid fees for the remainder of the then-current period. Continued use of the Service after the change takes effect constitutes acceptance of the revised Terms.
15. Data Protection and Security
PlanScore will maintain a written information security program with administrative, technical, and physical safeguards appropriate to the sensitivity of Client Data and consistent with the Gramm-Leach-Bliley Act Safeguards Rule, 16 C.F.R. Part 314, as further described in the PlanScore Privacy Policy.
PlanScore will notify the firm without undue delay, and in any event within seventy-two (72) hours after determining that unauthorized access to or acquisition of its Client Data has occurred, and will provide the information the firm reasonably requires to satisfy its own obligations under Regulation S-P and other applicable law. PlanScore will investigate and take reasonable steps to contain and remediate the incident, and will not notify the firm’s clients or regulators without the firm’s prior written consent unless independently required by law to do so.
PlanScore will use Client Data only to provide, secure, maintain, and support the Service and as instructed by the firm. PlanScore will not sell Client Data, will not share it for cross-context behavioral advertising, and will not use it to train, fine-tune, or improve any machine learning or generative artificial intelligence model, or disclose it to any third-party model provider, without the firm’s prior written consent.
PlanScore will impose data protection and security obligations on its subprocessors no less protective than those in this Section 15 and remains responsible for their performance. PlanScore will give at least thirty (30) days’ notice before engaging a new subprocessor that will process Client Data; if the firm reasonably objects on data protection grounds, it may terminate the affected portion of the Service without penalty and receive a prorated refund of prepaid fees.
On written request, and not more than once per year, PlanScore will provide its then-current SOC 2 Type II report or a comparable third-party assessment, together with a written response to the firm’s standard vendor security questionnaire.
16. Survival
Sections 5 (Client Data & Ownership), 7 (Confidentiality), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 13 (Governing Law & Dispute Resolution), 15 (Data Protection and Security), and this Section 16, together with any accrued payment obligations, survive termination or expiration of these Terms.
17. Assignment
Neither party may assign these Terms without the other’s prior written consent, except that either party may assign them in their entirety, on written notice and without consent, to a successor in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided the assignee assumes all obligations under these Terms. Any other purported assignment is void.
18. Force Majeure
Neither party is liable for any delay or failure to perform, other than a failure to pay amounts due, caused by circumstances beyond its reasonable control, including acts of God, natural disaster, war, terrorism, labor disturbance, government action, internet or utility failure, or failure of a third-party provider. The affected party shall give prompt notice and use reasonable efforts to resume performance.
19. General
These Terms, together with the Privacy Policy, constitute the entire agreement between the parties regarding the Service and supersede all prior understandings on that subject. If any provision is held unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force. No waiver of any breach is a waiver of any other breach. The parties are independent contractors, and nothing in these Terms creates a partnership, joint venture, or agency relationship. Notices to PlanScore shall be sent to the address in Section 20; notices to the firm shall be sent to the email address on its account.
20. Contact Us
Success Mindsets LLC
6700 Tower Circle, Suite 310, Franklin, TN 37067