Terms of Service

1. Educational Use Only — Not Financial Advice

The Service is a financial planning simulation tool designed for educational and illustrative purposes only. All outputs, projections, scenarios, estimates, income statements, Monte Carlo simulations, and reports generated by the Service:

• Are for educational and illustrative purposes only and do not constitute financial, investment, tax, or legal advice;
• Are not a substitute for the guidance of a licensed financial advisor, certified public accountant, estate planning attorney, or other qualified professional;
• Are based solely on assumptions and inputs you provide, which may not reflect your actual financial situation or future market conditions;
• Do not account for all variables that affect retirement outcomes, including but not limited to healthcare costs, inflation volatility, changes in tax law, or life expectancy.

Black Tupelo, LLC is not a registered investment advisor, broker-dealer, or financial planning firm. No fiduciary relationship is created by your use of this Service. Past market performance does not guarantee future results. You are solely responsible for any financial, investment, or retirement decisions you make.

2. Accuracy of Projections

You acknowledge and agree that:

• All projections are mathematical estimates derived from the inputs you enter and from parameterized models of historical market behavior. They are not predictions.
• The Service does not connect to, access, or verify your actual financial accounts, tax records, pension statements, Social Security records, or any other personal financial data.
• Monte Carlo simulations run a finite number of scenarios against a probability distribution. Actual market sequences may fall outside modeled distributions.
• Tax estimates use simplified federal brackets and approximate state effective rates. They are not tax calculations and may differ materially from your actual tax liability.
• Social Security projections are estimates based on inputs you provide. Actual benefits are determined by the Social Security Administration.
• Actual retirement outcomes will differ from projections. Black Tupelo, LLC makes no representation that any projection reflects or will reflect your actual financial future.

3. Limitation of Liability

To the extent permitted by applicable law, Black Tupelo, LLC’s total liability for all claims arising from your use of the Service — regardless of the legal theory — is limited to the amount you actually paid for access, as follows:

• Paid access: Maximum recovery capped at $30.00
• Guest (no-charge) access: Maximum recovery capped at $0.00

This limitation applies regardless of the form of action or theory of liability, including contract, tort, negligence, or strict liability, and applies even if Black Tupelo, LLC has been advised of the possibility of such damages.

4. Waiver of Consequential and Indirect Damages

To the extent permitted by applicable law, Black Tupelo, LLC, its officers, members, employees, and agents are not liable for any of the following, regardless of how the claim arises:

• Indirect, incidental, special, consequential, or punitive damages of any kind;
• Loss of income, savings, or retirement assets;
• Loss of business or economic opportunity;
• Damages arising from financial decisions made based on the Service’s outputs;
• Loss of data, scenario inputs, or saved scenarios;
• Any other pecuniary or non-pecuniary loss.

This waiver applies under any theory of liability — contract, tort, strict liability, or otherwise — and whether or not Black Tupelo, LLC was aware of the possibility of such damages.

5. Indemnification

You agree to defend, indemnify, and hold harmless Black Tupelo, LLC and its officers, members, agents, and representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use or misuse of the Service; (b) any financial decision you make based on outputs of the Service; (c) your violation of these Terms; or (d) your violation of any applicable law.

6. No Warranties

The Service is provided “as is” and “as available” without warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Black Tupelo, LLC does not warrant that the Service will be uninterrupted, error-free, or secure, or that any projection or output will be accurate, complete, or reliable for any planning purpose.

7. Access and Account Terms

• Paid access is granted for a single 12-month term. There is no automatic renewal. Continued access beyond 12 months requires a new registration.
• Access credentials are personal and non-transferable. You may not share your login with others.
• Guest access (Steps 1–7) is provided at no charge and may be terminated or restricted at any time without notice.
• Accounts that violate these Terms may be suspended or permanently revoked without refund.
• Black Tupelo, LLC does not offer refunds after Stripe payment is processed, as access is granted immediately upon payment confirmation.

8. Privacy and Data

Our full Privacy Policy describes what data we collect, how long we retain it, our subprocessors, and your privacy rights (including CCPA). The following is a summary. The Service is designed to minimize data collection:

• For anonymous accounts: your email is used only by Stripe (to process payment and deliver your registration link) and is permanently deleted from our database after your account is created. Nothing links your account to your identity.
• For verified accounts: your email is stored for password recovery only and is never used for marketing without your consent.
• We do not collect Social Security numbers, account numbers, financial institution names, dates of birth, or home addresses. All financial inputs you enter are approximations provided voluntarily by you.
• We do not sell, rent, or share your data with third parties for marketing purposes.

Stripe, our payment processor, operates under its own privacy policy and terms of service, which govern its handling of your payment information.

9. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Maine, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or your use of the Service shall be resolved exclusively in the state or federal courts located in Cumberland County, Maine, and you consent to the personal jurisdiction of those courts.

If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect.

10. Modifications to Terms

Black Tupelo, LLC reserves the right to modify these Terms at any time. When we make material changes, we will update the effective date at the top of this page. Continued use of the Service after any modification constitutes your acceptance of the revised Terms. If you do not agree to modified Terms, you must discontinue use of the Service.

11. Contact

Questions about these Terms may be directed to:
Black Tupelo, LLC
57 Pleasant Hill Rd., Falmouth, ME 04105
info@the-retirement-modeler.com