Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you (either an individual or entity, referred to as "you," "your," or "User") and BenefitsInteractive ("we," "us," "our," or "Company") governing your access to and use of the BenefitsInteractive platform, including our website, mobile applications, AI-powered chatbot ("Binny"), and all related services (collectively, the "Platform" or "Services").

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you must not access or use the Platform.

For employer and broker accounts, acceptance of these Terms may be executed by the authorized representative who completes the registration process on behalf of the organization.

2. Description of Services

BenefitsInteractive provides an AI-powered employee benefits education platform designed to help employees understand their benefits options, support HR professionals in benefits administration, and assist benefits brokers in serving their clients. Our Services include:

• AI chatbot assistance (Binny) for benefits education and guidance
• Interactive audio and video overviews generated through AI technology
• Employee benefits pulse surveys and pre-enrollment needs analysis
• Learning resources library with multi-modal content
• Broker diagnostic dashboards and analytics
• HR department tools and reporting features
• Secure employee login portal and authentication

The Platform is designed to provide educational information and decision support tools. It is not intended to provide legal, tax, financial, or professional benefits advisory services.

3. User Accounts and Registration

3.1 Account Types

The Platform supports multiple account types:

• Employee Accounts: Individual employees accessing benefits education
• HR Administrator Accounts: Company HR representatives managing employee benefits programs
• Broker Accounts: Benefits brokers serving multiple employer clients
• Employer Accounts: Business owners or decision makers overseeing benefits programs

3.2 Registration Requirements

To access certain features of the Platform, you must create an account by providing accurate, current, and complete information. You agree to:

• Provide truthful and accurate registration information
• Maintain the security and confidentiality of your account credentials
• Promptly update your account information to keep it accurate and current
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

3.3 Account Eligibility

You must be at least 18 years of age to create an account and use the Platform. By creating an account, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

3.4 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms or engaged in conduct that we deem inappropriate or harmful to the Platform or other users.

4. AI Chatbot Disclosure and Usage

4.1 AI-Powered Assistance Disclosure

IMPORTANT NOTICE:

When you interact with Binny or other AI-powered features on the Platform, you are communicating with an artificial intelligence system, not a human representative. The Platform uses Google Gemini and other AI models to provide automated responses and generate content.

This disclosure will be clearly presented at the beginning of each chatbot interaction and periodically throughout extended sessions to ensure transparency.

4.2 AI Limitations and Accuracy

While we strive to provide accurate and helpful information through our AI systems, you acknowledge and agree that:

• AI-generated responses may contain errors, inaccuracies, or incomplete information
• The AI chatbot provides general educational information only and does not constitute professional advice
• You should verify important information with official plan documents or qualified professionals
• AI-generated content should not be relied upon as the sole basis for benefits decisions
• The Platform does not guarantee the accuracy, completeness, or reliability of AI-generated content

4.3 No Fiduciary Relationship

The use of AI chatbot services does not create a fiduciary, advisory, or professional relationship between you and BenefitsInteractive. We are not acting as your benefits advisor, legal counsel, tax advisor, or financial planner.

5. ERISA Compliance and Disclaimers

5.1 Educational Purpose Only

The Platform provides educational information about employee benefits but does not constitute legal advice regarding the Employee Retirement Income Security Act of 1974 (ERISA) or any other federal or state laws governing employee benefit plans.

5.2 Not a Plan Administrator

BenefitsInteractive is not a plan administrator, plan sponsor, or fiduciary under ERISA. Employers and plan sponsors retain all fiduciary responsibilities and obligations under ERISA and applicable law.

5.3 Plan Document Governs

In all cases, the official plan documents, summary plan descriptions (SPDs), and insurance contracts govern benefit eligibility, coverage, and administration. Where any conflict exists between information on the Platform and official plan documents, the official plan documents control.

5.4 No Guarantee of Compliance

While the Platform is designed to support benefits education and administration, we make no guarantee that use of the Platform will ensure ERISA compliance or compliance with any other applicable laws or regulations.

6. Subscription Terms and Pricing

6.1 Subscription Plans

The Platform operates on a subscription basis with pricing typically structured on a per-employee-per-month (PEPM) basis or other pricing models as agreed. Specific subscription tiers, features, and pricing are detailed on our website and in your subscription agreement.

6.2 Payment Terms

Subscription and professional fees are governed by your signed order form or subscription agreement with BenefitsInteractive. Fees are collected outside the Platform (for example, by invoice with bank transfer (ACH) or another offline method you establish with us, including recurring bank debits / autopay where separately authorized). The Platform does not provide in-app credit or debit card checkout for these commercial fees.

• Fees are billed on the cadence stated in your agreement (for example, monthly or annual in advance)
• All fees are non-refundable except as expressly provided in these Terms, in your agreement, or as required by law
• You authorize us to initiate or receive payment for all fees in the manner described in your agreement (including recurring debits or wire/ACH instructions you provide to your financial institution)
• Failure to pay when due may result in suspension or termination of access to the Platform
• All prices are in U.S. Dollars unless otherwise specified

6.3 Price Changes

We reserve the right to modify subscription pricing with at least thirty (30) days' advance notice. Price changes will not affect your current subscription term but will apply upon renewal. Your continued use of the Platform after a price change constitutes acceptance of the new pricing.

6.4 Free Trials and Promotional Offers

We may offer free trials or promotional pricing at our discretion. Additional terms may apply to such offers, and we reserve the right to modify or terminate promotional offers at any time.

7. Cancellation and Refunds

7.1 Cancellation by User

You may cancel your subscription as described in your subscription agreement or by contacting our support team at support@benefitsinteractive.app.

• Monthly subscriptions: Cancellation takes effect at the end of the current billing cycle
• Annual subscriptions: No refund for unused portions unless required by law
• You will retain access to the Platform through the end of your paid subscription period

7.2 Cancellation by BenefitsInteractive

We reserve the right to suspend or terminate your subscription immediately if:

• You violate these Terms of Use
• Your account shows fraudulent or suspicious activity
• Invoices or agreed recurring debits are unpaid, reversed, or not honored when due
• You engage in conduct harmful to the Platform or other users

7.3 Refund Policy

Subscription fees are generally non-refundable. However, we may provide refunds at our sole discretion in cases of:

• Service outages exceeding our Service Level Agreement (if applicable)
• Billing errors or duplicate charges
• Circumstances required by applicable consumer protection laws

Refund requests must be submitted within thirty (30) days of the charge in question.

8. Acceptable Use Policy

8.1 Permitted Uses

You may use the Platform only for lawful purposes and in accordance with these Terms. Permitted uses include:

• Accessing benefits education materials for yourself or your employees
• Using broker tools to serve your employer clients
• Generating reports and analytics for benefits administration
• Participating in surveys and needs assessments

8.2 Prohibited Conduct

You agree NOT to:

• Violate any applicable local, state, national, or international law
• Infringe upon the intellectual property rights of BenefitsInteractive or any third party
• Transmit any harmful code, viruses, malware, or malicious software
• Attempt to gain unauthorized access to the Platform or related systems
• Interfere with or disrupt the Platform's operation or servers
• Use automated systems (bots, scrapers) to access the Platform without authorization
• Impersonate any person or entity or falsely represent your affiliation
• Collect or harvest personal information of other users without consent
• Use the Platform to transmit spam, advertising, or promotional materials without authorization
• Reverse engineer, decompile, or disassemble any portion of the Platform
• Remove or alter any copyright, trademark, or proprietary notices
• Share your account credentials with unauthorized users
• Use the Platform in any manner that could damage our reputation or business

8.3 Consequences of Violation

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account, removal of content, legal action, and reporting to appropriate law enforcement authorities.

9. Intellectual Property Rights

9.1 Platform Ownership

The Platform, including all software, text, graphics, logos, images, audio, video, data compilations, and all intellectual property rights therein, is owned by BenefitsInteractive or our licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business or personal purposes. This license does not include any right to:

• Resell or commercialize the Platform or its content
• Modify, copy, or create derivative works based on the Platform
• Download or store Platform content except as specifically permitted
• Use the Platform for competitive analysis or product development

9.3 User Content

You retain ownership of any content you submit to the Platform (such as survey responses, feedback, or uploaded documents). By submitting content, you grant BenefitsInteractive a worldwide, non-exclusive, royalty-free license to use, reproduce, process, and display such content solely to provide the Services and improve the Platform.

9.4 Feedback

If you provide suggestions, ideas, or feedback about the Platform, you grant us the unrestricted right to use such feedback for any purpose without compensation or attribution to you.

9.5 Trademarks

"BenefitsInteractive," "Binny," our logos, and other marks used on the Platform are trademarks or registered trademarks of BenefitsInteractive. You may not use these marks without our prior written permission.

10. Privacy and Data Protection

10.1 Privacy Policy

Your use of the Platform is subject to our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy explains how we collect, use, disclose, and protect your personal information.

10.2 Data Security

We implement reasonable security measures to protect your data, including:

• OAuth authentication systems
• Encrypted data transmission (SSL/TLS)
• Secure cloud infrastructure (Vercel, Supabase)
• Regular security assessments and updates

However, no system is completely secure, and we cannot guarantee absolute security of your data.

10.3 Employee Data

For employer and broker accounts, you represent and warrant that:

• You have obtained all necessary consents to provide employee data to the Platform
• You have authority to grant us access to employee information
• You will comply with all applicable privacy and data protection laws
• You will provide required notices to employees regarding Platform use

11. Third-Party Services and Integrations

11.1 Third-Party Content

The Platform may integrate with or link to third-party services, including:

• Google Gemini AI models
• Optional use of external tools where you voluntarily paste prompts or templates (no vendor API wired from the Platform for those workflows)
• Video generation services
• Authentication providers
• Other benefits-related services

11.2 No Endorsement

Links to third-party websites or services do not constitute endorsement. We are not responsible for the content, accuracy, practices, or availability of third-party services.

11.3 Third-Party Terms

Your use of third-party services integrated with the Platform may be subject to separate terms and conditions, privacy policies, and fees established by those third parties.

12. Disclaimers and Warranties

12.1 "AS IS" Basis

The Platform is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the Platform will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy, completeness, or reliability of content
• Warranties that defects will be corrected or that the Platform is free of harmful components

12.2 Professional Advice Disclaimer

The Platform provides educational information only and does not constitute professional advice. You should consult with qualified benefits advisors, legal counsel, tax professionals, or financial planners for advice specific to your situation.

12.3 No Guarantee of Results

We do not guarantee that use of the Platform will result in any particular outcome, including improved benefits understanding, employee engagement, or compliance with applicable laws.

12.4 Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. The Platform may be unavailable due to scheduled maintenance and updates, technical difficulties or system failures, third-party service outages, or events beyond our reasonable control. We will provide advance notice of scheduled maintenance when reasonably possible.

13. Limitation of Liability

13.1 Liability Cap

To the maximum extent permitted by law, BenefitsInteractive's total liability to you for all claims arising from or related to the Platform shall not exceed the amount you paid to us in subscription fees during the twelve (12) months immediately preceding the event giving rise to liability.

13.2 Exclusion of Damages

In no event shall BenefitsInteractive, its officers, directors, employees, agents, or affiliates be liable for:

• Indirect, incidental, consequential, special, punitive, or exemplary damages
• Loss of profits, revenue, data, goodwill, or business opportunities
• Cost of substitute services or products
• Damages resulting from unauthorized access to or alteration of your data
• Damages resulting from reliance on AI-generated content
• Damages resulting from service interruptions or delays

These limitations apply even if we have been advised of the possibility of such damages and regardless of the legal theory (contract, tort, strict liability, or otherwise).

13.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

14. Indemnification

You agree to defend, indemnify, and hold harmless BenefitsInteractive, its affiliates, and their respective officers, directors, employees, agents, and contractors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of or inability to use the Platform
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your violation of applicable laws or regulations
• Content you submit to the Platform
• Any misrepresentation made by you

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense of such claims.

15. Modifications to Terms and Services

15.1 Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this document
• Provide notice through the Platform, email, or other reasonable means
• Give you at least thirty (30) days to review changes before they become effective

Your continued use of the Platform after changes become effective constitutes acceptance of the modified Terms.

15.2 Changes to Services

We reserve the right to modify, suspend, or discontinue any aspect of the Platform at any time, including adding or removing features, changing subscription tiers or pricing structures, updating AI models or content generation methods, and modifying user interface or functionality. We will provide reasonable advance notice of material changes to the Services when feasible.

16. Termination

16.1 Termination by Either Party

Either you or BenefitsInteractive may terminate your subscription and account at any time in accordance with Section 7 (Cancellation and Refunds).

16.2 Effect of Termination

Upon termination:

• Your right to access and use the Platform immediately ceases
• You will lose access to all data stored on the Platform
• You remain responsible for any fees incurred prior to termination
• Sections of these Terms that by their nature should survive termination will remain in effect

16.3 Data Export

Upon request made before or within thirty (30) days after termination, we will provide reasonable assistance in exporting your data, subject to technical limitations and format restrictions.

16.4 Survival

The following provisions survive termination: Sections 9 (Intellectual Property Rights), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 17 (Dispute Resolution), and 19 (General Provisions).

17. Dispute Resolution and Arbitration

17.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at admin@benefitsinteractive.app to attempt to resolve any dispute informally. We will make good faith efforts to resolve disputes amicably.

17.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

17.3 Arbitration Procedures

• The arbitration shall be conducted by a single neutral arbitrator
• The arbitration shall take place in Illinois, United States, or another mutually agreed location
• The arbitration shall be conducted in English
• The arbitrator's decision shall be final and binding
• Judgment on the award may be entered in any court of competent jurisdiction

17.4 Class Action Waiver

You agree that disputes shall be resolved on an individual basis only. You waive any right to participate in a class action, class arbitration, or other representative proceeding.

17.5 Small Claims Exception

Either party may bring an individual action in small claims court if the claim qualifies and remains in small claims court.

17.6 Injunctive Relief

Notwithstanding the arbitration requirement, either party may seek injunctive or equitable relief in court to protect intellectual property rights or confidential information.

18. Governing Law and Jurisdiction

18.1 Governing Law

These Terms and your use of the Platform shall be governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict of law principles.

18.2 Jurisdiction

Subject to the arbitration provisions in Section 17, any legal action or proceeding shall be brought exclusively in the state or federal courts located in Madison County, Illinois, and you consent to the personal jurisdiction of such courts.

18.3 International Use

If you access the Platform from outside the United States, you are responsible for compliance with local laws and regulations. We make no representation that the Platform is appropriate or available for use in all jurisdictions.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and BenefitsInteractive regarding the Platform and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.

19.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

19.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

19.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.

19.5 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, war, terrorism, natural disasters, labor disputes, government actions, internet failures, or third-party service outages.

19.6 No Third-Party Beneficiaries

These Terms are for the benefit of you and BenefitsInteractive only and do not create any third-party beneficiary rights.

19.7 Export Compliance

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. export restrictions.

19.8 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship between you and BenefitsInteractive.

19.9 Electronic Communications

By using the Platform, you consent to receive electronic communications from us, including notices, agreements, and disclosures. Electronic communications satisfy any legal requirement for written communications.

20. Contact Information

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

• BenefitsInteractive
• Wood River, Illinois, United States
• Email: admin@benefitsinteractive.app
• Website: https://www.benefitsinteractive.app
• Support: support@benefitsinteractive.app