Terms of Service

1. About these Terms

These Terms of Service ("Terms") are an agreement between you and Benefitly, LLC ("Benefitly," "we," "us") and govern your use of the Benefitly member platform, our website, and related services (the "Services").

By creating an account or using the Services, you agree to these Terms and to our Privacy Policy and AI Disclosure. If you do not agree, do not use the Services.

These Terms govern your relationship with Benefitly as an individual. If you access Benefitly through your employer's benefits broker, the agreement between Benefitly and that broker is a separate contract governed by the Benefitly Broker Terms. Nothing in those Broker Terms gives you rights, and nothing in these Terms gives your employer or its broker rights against us on your behalf.

2. Who can use Benefitly

You must be 18 years of age or older and legally able to enter into a contract.

Benefitly accounts are available to employees enrolled in a participating employer's benefit plan, and to individuals who subscribe directly. We do not offer accounts to anyone under 18. If we learn that we have collected information from someone under 18, we will delete it.

The Services are intended for people located in the United States. See Section 15.

3. How you get access

Through your employer or its benefits broker. Most people reach Benefitly because their employer works with a benefits broker that provides the platform. In that case:

• You pay nothing to Benefitly. Your employer or its broker is responsible for all fees, and the terms of that arrangement are between them.

• Your access depends on that arrangement continuing. If your employer stops offering Benefitly, if the broker relationship ends, or if you leave your employer, your access may end. We will give you notice where we reasonably can.

• Your employer and its broker never see your individual questions. See Section 7 of our Privacy Policy.

Directly from Benefitly. If you subscribe on your own, Section 8 applies to you.

4. What Benefitly does, and what it does not do

Benefitly helps you understand your health insurance benefits. It can explain what your plan documents say, help you find providers, and help you estimate what something might cost.

Benefitly is educational and informational only. We want to be direct about the limits:

• We do not provide medical advice, diagnosis, or treatment.

• We do not provide legal, tax, or insurance advice.

• We are not your insurance company, your plan administrator, or a licensed insurance agent or broker.

• We do not decide what your plan covers, whether a claim will be paid, or whether you are eligible for anything.

• We cannot guarantee coverage, payment, pricing, or any other outcome.

Your plan documents and your insurance carrier are always the authority. Before you act on anything you read in Benefitly — especially anything involving money or care — confirm it with your plan administrator or carrier.

If you think you may be experiencing a medical emergency, call 911 or go to the nearest emergency room. Do not use Benefitly for emergencies.

5. Your account

You are responsible for keeping your login credentials confidential and for activity that happens under your account. Tell us promptly at [SUPPORT EMAIL] if you believe someone else has accessed your account.

Keep your account information accurate. If the information you give us about your plan is wrong or out of date, the answers you get will be too.

6. Acceptable use

Do not:

• Use the Services for anything unlawful, or to harass, threaten, or harm anyone.

• Provide false or misleading information, or impersonate someone else.

• Try to access another person's account or any part of our systems you are not authorized to reach.

• Reverse engineer, decompile, scrape, or attempt to extract our source code, models, or prompts.

• Use the Services to build a competing product, or resell or redistribute access.

• Interfere with the security, integrity, or performance of the Services.

• Upload malicious code or attempt to disrupt the Services for others.

Please do not submit sensitive information we do not need. Benefitly is not designed to receive medical records, diagnoses, claims data, Social Security numbers, or insurance policy identifiers. Section 5 of our Privacy Policy explains how we handle it if you do.

7. AI-generated responses

Benefitly uses artificial intelligence to answer your questions. AI systems make mistakes. Responses may be incomplete, out of date, or wrong, even when they sound confident.

Treat what Benefitly tells you as a starting point, not a final answer. Our AI Disclosure explains in more detail how the AI works, what it cannot do, and where a person is involved.

8. Fees — direct subscribers only

This section applies only if you subscribe to Benefitly directly. If your access comes through your employer or its broker, you owe us nothing and this section does not apply to you.

• Fees are described at the point of purchase and are billed in advance.

• Fees are non-refundable except where required by law.

• Subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date.

• You can cancel at any time in your account settings or by emailing [SUPPORT EMAIL]. Cancellation takes effect at the end of your current billing period.

• We will give you at least 30 days' notice before any fee increase. If you do not want to pay the new amount, cancel before it takes effect.

• You are responsible for any applicable taxes.

9. Your content

You keep ownership of what you submit — your questions, the information you provide about your plan, and your feedback ("Your Content").

You grant Benefitly a non-exclusive, royalty-free, worldwide license to use, store, reproduce, and process Your Content for the limited purposes of: (a) operating and providing the Services to you; (b) providing support and maintaining security; (c) improving the Services; and (d) improving our AI models, but only after Your Content has been de-identified and any health information removed, as described in our AI Disclosure.

This license ends when you delete Your Content or close your account, except for de-identified data, which is no longer linked to you, and copies retained in routine backups until they are overwritten.

10. Our intellectual property

The Services — including our software, models, interface, content, and trademarks — belong to Benefitly. These Terms do not transfer any ownership to you. You get a limited, personal, non-transferable, revocable right to use the Services for your own benefits questions, and nothing more.

If you send us suggestions or feedback, we may use them freely and without obligation to you.

11. Privacy

How we handle your information is described in our Privacy Policy. The short version: your employer and its broker never see what you ask. They receive only aggregated, de-identified metrics, such as how many questions were asked.

12. Suspension and termination

You can close your account at any time in your settings or by emailing [SUPPORT EMAIL].

We may suspend or terminate your account if you violate these Terms, provide false or misleading information, use the Services unlawfully, or create risk or legal exposure for us or other users. Where the circumstances allow, we will tell you first and give you a chance to fix the problem.

Your access may also end for reasons that have nothing to do with you — for example, if your employer or its broker stops offering Benefitly.

When your account ends, your right to use the Services stops immediately. We handle your information afterward as described in Section 8 of our Privacy Policy. Sections 9, 10, 13, 14, 15, 16, and 18 survive.

13. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, BENEFITLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI-GENERATED RESPONSES WILL BE ACCURATE OR COMPLETE. WE DO NOT GUARANTEE INSURANCE COVERAGE, CLAIM PAYMENT, PRICING, OR ANY OUTCOME WITH YOUR PLAN OR CARRIER.

Some states do not allow certain warranty exclusions, so parts of this section may not apply to you.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BENEFITLY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA.

BENEFITLY'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID BENEFITLY IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

These limits do not apply to liability that cannot be limited by law, including fraud, gross negligence, or willful misconduct. Some states do not allow certain limitations, so parts of this section may not apply to you.

15. Where the Services are offered

The Services are intended for employers and individuals located in the United States. We do not offer the Services to residents of the European Economic Area, the United Kingdom, or Switzerland, and we do not design the Services to comply with those jurisdictions' data protection laws.

16. Dispute resolution

Please read this section carefully. It affects how disputes between you and Benefitly are resolved.

Talk to us first. Before starting a formal proceeding, email [LEGAL EMAIL] describing the problem. Most issues can be resolved quickly, and we will try in good faith for 30 days.

Arbitration. If we cannot resolve it, you and Benefitly agree that any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will take place in [CITY], Florida, or by video or telephone at your election. The arbitrator's decision may be entered as a judgment in any court with jurisdiction.

Class action waiver. YOU AND BENEFITLY AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any class proceeding.

Your right to opt out. You can opt out of arbitration and the class action waiver by emailing [LEGAL EMAIL] within 30 days of first accepting these Terms, with your name and the email on your account. Opting out does not affect any other part of these Terms.

Exceptions. Either of us may bring an individual claim in small claims court, and either of us may seek injunctive relief in court to protect intellectual property or confidential information.

Governing law. These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles.

17. Changes to these Terms

We may update these Terms. When we do, we will change the version number and effective date at the top of this page and post the updated version here.

If a change is material, we will give you notice — by email to the address on your account, or through the Services — and ask you to accept the updated Terms before you continue using Benefitly. For non-material changes, your continued use after the effective date means you accept them.

Dated copies of prior versions are available at /terms/archive.

If you do not agree to an update, stop using the Services and close your account.

18. General

Entire agreement. These Terms, the Privacy Policy, and the AI Disclosure are the entire agreement between you and Benefitly about the Services.

Assignment. You may not assign these Terms. We may assign them to a successor in a merger, acquisition, or sale of assets.

Severability. If any provision is held unenforceable, the rest remains in effect.

No waiver. If we do not enforce a provision, that is not a waiver of our right to enforce it later.

No third-party beneficiaries. Your employer and its broker are not third-party beneficiaries of these Terms.

Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

19. Contact

For questions regarding these Terms, contact Benefitly, LLC:

Legal: legal@benefitly.ai

Support: support@benefitly.ai

Privacy: privacy@benefitly.ai

Website: www.benefitly.ai

By using the Services, you acknowledge that you have read and understood these Terms, agree to be bound by them, are at least eighteen years of age, have authority to enter into this agreement, understand the limitations and disclaimers, consent to arbitration and class action waiver provisions, and consent to electronic communications.