Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and BenefitMax, LLC ("BenefitMax," "we," "us," or "our") governing your access to and use of the BenefitMax platform, including all related websites, applications, and services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable law

If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Description of Service

BenefitMax provides an AI-powered benefits administration platform for insurance brokers, their staff, and their clients. The Service includes:

• Chat with MAX: AI-powered assistant for benefits and HR questions
• Document Library: Secure storage and organization of benefits documents
• Client CRM: Client and contact relationship management
• Quote Analyzer: AI analysis of insurance quotes
• COBRA Generator: Federal-compliant COBRA notice generation
• Wrap Document Builder: ERISA wrap documents and SPDs
• Guidebook Pro: Benefits guidebook creation tools

4. Account Types

The Service supports three types of accounts:

• Broker: Primary paying account holder with full access to subscribed features
• Broker Staff: Team members invited by a Broker with assigned access
• Client: Broker's customers (HR/employers) with limited access to shared resources

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

5. Subscription and Payment

5.1 Subscription Plans

We offer the following subscription options:

Bundle:

• BenefitMAX Bundle: $200/month - Includes Chat with MAX, Client CRM, Quote Analyzer, and COBRA Generator

Individual Tools:

• COBRA Generator: $25/month
• Chat with MAX: $50/month (includes Document Library)
• Client CRM: $50/month (includes Document Library)
• Quote Analyzer: $100/month (includes Document Library)
• Wrap Document Builder: $100/month (available as add-on)

Pricing is subject to change. Current pricing is always available at benefitmax.ai/pricing.

5.2 Free Trial

New subscribers receive a 7-day free trial. You may cancel during the trial period without charge. If you do not cancel before the trial ends, your subscription will begin and you will be charged.

5.3 Billing

Subscriptions are billed monthly in advance. Payment is processed through Stripe. You authorize us to charge your payment method on a recurring basis.

5.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support. Upon cancellation:

• Your subscription remains active until the end of the current billing period
• No refunds are provided for partial months or unused time
• You will retain access to the Service until your subscription expires

5.5 No Refunds

All payments are final and non-refundable, except as required by applicable law.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to the Service or other accounts
• Interfere with or disrupt the Service's operation
• Reverse engineer, decompile, or disassemble the Service
• Resell or redistribute the Service without authorization
• Use the Service to store or transmit infringing or illegal content
• Impersonate any person or entity
• Violate any applicable laws or regulations

7. Your Content

7.1 Ownership

You retain ownership of all documents, data, and content you upload to the Service ("Your Content"). BenefitMax does not claim ownership of Your Content.

7.2 License Grant

By uploading Your Content, you grant BenefitMax a limited, non-exclusive license to store, process, and display Your Content solely for the purpose of providing the Service to you. This includes processing by AI systems to provide features like document analysis and chat assistance.

7.3 Responsibility

You are solely responsible for Your Content, including its legality, reliability, and appropriateness. You represent that you have all necessary rights to upload Your Content.

8. AI Features Disclaimer

The Service includes AI-powered features such as MAX Chat and document analysis. Please be aware that:

• AI-generated content is provided for informational purposes only
• AI responses may not always be accurate, complete, or current
• AI features are not a substitute for professional advice (legal, insurance, HR, etc.)
• You should verify important information independently
• BenefitMax is not liable for decisions made based on AI-generated content

9. Third-Party Integrations

The Service integrates with third-party services including Google Drive. When you connect third-party services:

• You authorize BenefitMax to access data from those services as described
• Your use of third-party services is subject to their terms and privacy policies
• BenefitMax is not responsible for third-party service availability or changes

10. Intellectual Property

The Service and its original content (excluding Your Content), features, and functionality are owned by BenefitMax and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without permission.

11. Privacy

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

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
• UNINTERRUPTED OR ERROR-FREE OPERATION

We do not warrant that the Service will meet your requirements or that any errors will be corrected.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BENEFITMAX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES
• BUSINESS INTERRUPTION
• COST OF SUBSTITUTE SERVICES

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless BenefitMax and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the Service, Your Content, or your violation of these Terms.

15. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice, for conduct that we believe:

• Violates these Terms
• Is harmful to other users or third parties
• Is harmful to BenefitMax's business interests

Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination will survive.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Florida.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the new Terms.

18. Severability

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

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BenefitMax regarding the Service and supersede any prior agreements.

20. Contact Us

If you have questions about these Terms, please contact us at:

Email: support@benefitmax.ai
Website: https://benefitmax.ai