Terms & Conditions
Talcott Forge Corporation — Terms & Conditions
Effective Date: May 12, 2026
These Terms & Conditions ("Terms") govern your use of the Talcott Forge Corporation ("TFC," "we," "us") website at talcottforge.com, client portal, products, and related digital services (collectively, the "Platform"). By accessing or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.
Separate agreements govern TFC's paid services, including the Client Setup Agreement and Ongoing Service Agreement. Those agreements describe the scope, fees, responsibilities, and limits of the applicable services. In the event of a conflict between these Terms and a signed service agreement, the service agreement controls.
1. Nature of Services
TFC is a financial technology platform. We are not a law firm, tax advisory firm, accounting firm, registered investment advisor, broker-dealer, or ERISA fiduciary. We do not provide legal, tax, investment, or financial advice. The Platform may include informational financial tools such as scorecards, projections, or planning features; these are for informational purposes only and are not a substitute for professional financial planning, tax, or investment advice. No attorney-client, fiduciary, or other professional relationship is created by your use of the Platform.
You are responsible for the accuracy and completeness of the information you provide through the Platform. Platform outputs, including any calculations, assessments, or projections, depend on the information you supply and should be independently verified.
2. Eligibility
You must be at least 18 years old and capable of forming a binding contract to use the Platform. By using the Platform, you represent that you meet these requirements.
3. Accounts and Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to notify TFC immediately of any unauthorized access. TFC is not liable for losses resulting from unauthorized use of your account that is not caused by TFC's gross negligence or willful misconduct.
4. Consent to Electronic Communications (E-Sign Disclosure)
By using the Platform, you consent to receive communications, agreements, disclosures, notices, and documents from TFC electronically, including documents related to your account, services, plan setup, plan administration, and applicable legal or regulatory requirements where electronic delivery is permitted. This consent is provided pursuant to the Electronic Signatures in Global and National Commerce Act (E-Sign Act, 15 U.S.C. § 7001 et seq.).
To receive electronic communications, you need a device with internet access, a current web browser that supports TLS encryption, and a valid email address on file with TFC. You are responsible for maintaining a functioning email address and notifying TFC of any changes.
5. Acceptable Use
You agree not to:
- Provide false, misleading, or incomplete information
- Use the Platform for any unlawful purpose or in violation of any applicable law
- Attempt to gain unauthorized access to any part of the Platform or its systems
- Reverse-engineer, decompile, or disassemble any Platform technology
- Use the Platform to transmit malicious code or interfere with its operation
- Reproduce, distribute, or commercially exploit Platform content without prior written consent
6. Intellectual Property
All content, software, trademarks, and materials on the Platform are owned by or licensed to TFC and protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works from Platform content without TFC's express written permission. "Nexus 401(k)" and "Talcott Forge" are trademarks of Talcott Forge Corporation.
7. Disclaimer of Warranties
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, TFC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, SECURITY, AND RELIABILITY.
TFC does not warrant that the Platform or any Platform content — including documents, alerts, summaries, calculations, status updates, or automated/intelligent processing output — will be uninterrupted, error-free, complete, accurate, current, secure, or suitable for your specific circumstances. ROBS 401(k) arrangements, entity formation, plan administration, and related transactions involve legal, tax, financial, operational, and compliance considerations. All Platform content is provided for informational and administrative purposes only and does not constitute professional advice of any kind. You are responsible for consulting qualified professionals as appropriate, for independently verifying Platform content before relying on it, and for understanding that no Platform output guarantees approval by any government agency, custodian, financial institution, regulator, or third party.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TFC'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM IS LIMITED TO THE GREATER OF (A) THE FEES YOU PAID TO TFC IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). TFC WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, REGARDLESS OF THE THEORY OF LIABILITY. THESE LIMITATIONS DO NOT APPLY TO LIABILITY ARISING FROM TFC'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
9. Indemnification
You agree to indemnify, defend, and hold harmless TFC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (i) your violation of these Terms; (ii) your misuse of the Platform; (iii) your violation of any applicable law; or (iv) any content or information you provide through the Platform.
10. Third-Party Services
The Platform may contain links to or integrate with third-party services (e.g., custodians, recordkeepers, payment processors, registered agents, etc.). TFC does not control and is not responsible for third-party services, their content, or their privacy practices. Your use of third-party services is subject to their own terms and policies.
11. Modifications
TFC may update these Terms from time to time by posting the revised version on the Platform with a new effective date. The updated Terms will apply prospectively from the effective date stated in the revised Terms. Where required by law, TFC will provide notice of material changes through email, Platform notification, or another reasonable method. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms.
12. Termination
TFC may suspend or terminate access to the Platform where reasonably necessary, including for security, misuse, nonpayment, legal compliance, or service discontinuation. Termination of Platform access does not affect rights or obligations under any separate signed service agreement. Sections 6 through 9 and 13 through 14 survive termination.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. To the extent ERISA applies, federal law governs.
Any dispute arising from these Terms will be resolved first through good-faith negotiation for 30 days, then non-binding mediation administered by JAMS, and if unresolved within 60 days of mediation initiation, by binding arbitration under JAMS Comprehensive Arbitration Rules. Each party waives any right to a jury trial. You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action.
14. General Provisions
Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
Waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.
Entire Agreement. These Terms, together with TFC's Privacy Policy and any applicable service agreements, constitute the entire agreement between you and TFC regarding Platform use.
Assignment. You may not assign your rights under these Terms without TFC's written consent. TFC may assign these Terms to an affiliate or successor.
Force Majeure. TFC is not liable for any delay or failure to perform resulting from events outside its reasonable control, including acts of third-party service providers, government agencies, or custodians.
Contact. Questions about these Terms may be directed to legal@talcottforge.com.