Terms of Service

Agreement to Terms

Benefitly, LLC and its affiliates ("Benefitly," "we," "us," or "our") is committed to transparency and fair use. By accessing or using the Benefitly platform, mobile application, website, or services (collectively, the "Services"), you agree to be bound by these Terms of Service. If you do not agree to these Terms, you must not use the Services.

Acceptance of Terms

By creating an account, checking an acceptance box, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.

To be eligible to use the Services, you must:

• Be at least eighteen (18) years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Services under applicable law
• Have health insurance coverage for full service functionality

We reserve the right to modify these Terms at any time. If material changes are made, we will notify you via email or in-app notification at least fifteen (15) days before they take effect. Continued use of the Services after the effective date constitutes acceptance of the modified Terms.

Description of Services

Benefitly is an AI-powered platform designed to help users:

• Understand health insurance benefits and coverage
• Identify benefits they may be eligible for
• Locate in-network healthcare providers
• Estimate out-of-pocket expenses
• Access educational resources related to health insurance

While we strive to maintain continuous availability, uninterrupted access is not guaranteed. Services may be unavailable due to maintenance, technical issues, updates, improvements, or circumstances beyond our control.

Account Registration and Security

To use the Services, you must create an account and provide accurate, current, and complete information, which may include your name, email address, health insurance details, employer information (if applicable), and other information necessary to provide the Services.

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account
• Using a strong and unique password
• Notifying us immediately of any unauthorized access

We are not liable for losses resulting from unauthorized use of your account.

You may close your account at any time through account settings, by emailing support@benefitly.ai, or by contacting customer support. We may suspend or terminate your account if you violate these Terms, provide false or misleading information, engage in fraudulent or abusive conduct, or otherwise misuse the Services.

User Responsibilities and Prohibited Conduct

You agree to use the Services only for lawful purposes and in compliance with these Terms. You agree to provide accurate insurance information, use the Services for personal and non-commercial purposes, respect intellectual property rights, and comply with all applicable laws.

You may not:

• Use the Services for illegal purposes
• Attempt unauthorized access to our systems
• Interfere with system operations
• Use automated tools without permission
• Impersonate others or share account credentials
• Upload malicious code or harass others
• Commit fraud or reverse engineer the software
• Remove proprietary notices
• Use the Services in any way that could damage Benefitly's reputation

Violations may result in warnings, suspension, termination, legal action, or referral to law enforcement.

Intellectual Property Rights

All content, features, and functionality of the Services—including text, graphics, logos, software, AI models, designs, and trademarks—are owned by Benefitly or its licensors and are protected by applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes. You may not copy, modify, distribute, sell, lease, frame, mirror, or create derivative works from the Services, nor may you use our trademarks without written permission.

You retain ownership of content you submit to the Services, including questions, feedback, and uploaded information. By submitting content, you grant Benefitly a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and display such content to operate and improve the Services. Any feedback you provide may be used without obligation to compensate you.

Privacy and Data Protection

Your use of the Services is governed by our Privacy Policy, which describes how we collect, use, and protect your information.

We handle protected health information in accordance with HIPAA, applicable state laws, and our HIPAA-related disclosures. While we implement reasonable safeguards, no system is completely secure, and you acknowledge that you provide information at your own risk.

Third-Party Services and Links

The Services may integrate with or link to third-party providers such as healthcare organizations, insurance portals, payment processors, and analytics services. We are not responsible for third-party content, privacy practices, or terms. Links to third-party websites are provided for convenience and do not constitute endorsement.

Employer-Provided Access: If access to Benefitly is provided through your employer, your employer may receive aggregated and de-identified usage data, but cannot access your individual health information without your separate consent. Your use remains subject to these Terms and any applicable employer agreement.

Payment and Subscription Terms

If your employer provides access, your employer pays for the Services. If you subscribe directly:

• Fees will be disclosed at the time of purchase
• Charges occur in U.S. dollars
• Fees are non-refundable except as required by law
• Paid subscriptions automatically renew unless canceled
• Charges occur at the beginning of each billing period
• Cancellation takes effect at the end of the current billing cycle

You authorize us to charge your payment method and are responsible for maintaining accurate payment information and paying applicable taxes. We may change fees with thirty (30) days' notice, and continued use constitutes acceptance.

Disclaimers and Limitations of Liability

The Services are provided "as is" and "as available," without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, accuracy, or uninterrupted service.

You acknowledge that AI systems may produce errors and should not replace independent verification or human judgment.

To the maximum extent permitted by law, Benefitly shall not be liable for indirect, incidental, consequential, punitive, or special damages, including loss of profits, data, coverage denials, healthcare outcomes, or decisions made based on the Services.

Benefitly's total liability shall not exceed the amount paid by you in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater. Some jurisdictions limit liability exclusions, and in such cases liability is limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify and hold harmless Benefitly and its affiliates from any claims, damages, losses, or expenses arising from your use of the Services, violation of these Terms, violation of applicable laws, submitted content, or reliance on information provided by the Services.

Dispute Resolution

These Terms are governed by the laws of the State of Delaware. Any legal action shall be brought exclusively in state or federal courts located in Florida, and you consent to jurisdiction in those courts.

Class Action Waiver: You agree to resolve disputes on an individual basis only and waive any right to participate in class actions.

Opt-Out: You may opt out of arbitration by providing written notice to legal@benefitly.ai within thirty (30) days of accepting these Terms.

Claims related to intellectual property, injunctive relief, or those not arbitrable by law are excluded from arbitration.

General Provisions

These Terms, along with referenced policies, constitute the entire agreement between you and Benefitly. If any provision is deemed unenforceable, the remaining provisions remain in effect. Failure to enforce any provision is not a waiver.

You may not assign these Terms without our consent, while we may assign freely. These Terms do not create any partnership or agency relationship.

We are not liable for delays caused by events beyond our control, including natural disasters, government actions, or public health emergencies. Provisions that by nature should survive termination shall survive.

Notices may be provided electronically via email, in-app messaging, or website posting. You consent to receive electronic communications, which satisfy legal writing requirements.

Electronic Communications

I consent to receive all communications from Benefitly in electronic form, including:

• Account and service communications
• Legal and compliance communications
• Transactional communications
• Educational and informational communications
• Customer support communications

I understand that all electronic communications satisfy any legal requirement that such communications be in writing.

I confirm that I have the necessary hardware and software to access electronic communications and will keep my contact information current. I understand that I may withdraw my consent to electronic communications at any time by contacting support@benefitly.ai, though this may result in delays, limited functionality, and possible fees for paper communications.

Contact Information

For questions regarding these Terms, contact Benefitly, LLC: