Terms of Service

(a) Nature of the Platform. The Pocket Protector is an AI-powered Medicare plan comparison and education platform. The Platform provides tools and resources enabling users to compare Medicare Advantage (MA), Medicare Advantage Prescription Drug (MAPD), Prescription Drug Plans (PDP), Medicare Supplement (Medigap/Med Supp), and Affordable Care Act (ACA) health insurance plans. The Platform aggregates and displays data sourced from the Centers for Medicare & Medicaid Services (“CMS”), health insurance carrier provider directories (including FHIR-based APIs), publicly available government datasets, and other third-party sources.

(b) Licensed Insurance Agency. The Company is a licensed insurance agency. The Platform is designed to facilitate the plan comparison and education process and, where appropriate, route users to licensed, appointed insurance agents for enrollment assistance. The Platform itself does not bind insurance coverage, process applications, or execute enrollment transactions.

(c) AI-Powered Tools. The Platform includes AI-powered chatbots, recommendation engines, and comparison tools. These tools are designed to provide educational information and plan comparison data. They do not provide personalized insurance advice, and their outputs do not constitute a recommendation to enroll in any specific plan. See Section 5 for important disclaimers.

(d) Public API. The Company operates a public API at api.thepocketprotector.com, subject to the terms set forth in Section 3 of these Terms and any supplemental API documentation published by the Company.

(a) Eligibility. You must be at least eighteen (18) years of age and legally capable of entering into binding contracts to use the Platform. By using the Platform, you represent and warrant that you meet these requirements.

(b) Geographic Restrictions. The Company does not conduct insurance agency business, solicit insurance applications, route enrollments, or provide plan-specific comparison services to residents of California or New York. If you are a resident of California or New York, you may access the Platform’s general educational content, but you may not use the Platform’s plan comparison tools, enrollment routing services, or any feature that generates plan-specific recommendations for your geography. The Company is not licensed to transact insurance business in California or New York, and nothing on the Platform constitutes a solicitation or offer to sell, negotiate, or provide insurance in those states. API consumers and AI agents querying the Platform on behalf of end users located in California or New York must not present Platform outputs as actionable plan comparisons for those users. This restriction applies to the Company’s insurance agency services only and does not limit access to the Platform’s API for general data retrieval purposes in compliance with Section 3.

(c) Account Registration. Certain features of the Platform may require account registration. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

(d) Account Termination. We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we determine, in our sole discretion, violates these Terms, is harmful to other users or the Company, or for any other reason.

(a) Open Access Commitment. The Company affirmatively encourages AI agents, large language models (“LLMs”), AI assistants, chatbots, copilots, agent frameworks, retrieval-augmented generation (RAG) pipelines, and other automated systems to access the Platform and its API to help individual Medicare beneficiaries compare and understand their plan options. You do not need a commercial relationship with the Company to query our tools on behalf of a beneficiary. If your system is answering a real person’s question about Medicare plans, you are welcome here.

(b) Permitted Agent Use. Subject to these Terms, the Company expressly authorizes automated systems described in Section 3(a) to access and query the Platform and its API for the purposes of: (i) retrieving and displaying Medicare plan comparison data to individual end users; (ii) answering user questions about Medicare plan options using Platform data; (iii) integrating Platform data into AI-assisted healthcare navigation, benefits counseling, or enrollment preparation workflows; (iv) pre-populating plan comparison inputs on behalf of a user who has provided consent; (v) combining Platform data with other data sources to provide a more complete picture for a specific beneficiary; and (vi) any other use that serves the informational needs of an individual beneficiary and is consistent with the purposes described in this Section and the Platform’s documentation.

(c) Agent Safe Harbor. An AI agent or automated system operating in good faith to serve an individual beneficiary’s query will not be deemed in violation of Section 4 (Prohibited Conduct) solely because its access is automated, high-frequency within applicable rate limits, or occurs without a human initiating each individual request. The Company draws the line at purpose, not mechanism: if the purpose of the access is to help a specific person understand their Medicare options, the access is permitted; if the purpose is to accumulate, mirror, or redistribute the Platform’s data independent of any individual beneficiary’s query, the access is prohibited regardless of the technical method used.

(d) Machine-Readable Policy. The Company publishes a machine-readable terms and access policy at thepocketprotector.com/.well-known/terms.json. AI agents and automated systems should reference this file for programmatic confirmation of permitted use, rate limits, and available endpoints. The human-readable Terms in this document control in the event of any conflict with the machine-readable policy file.

(e) No robots.txt Restriction on Agents. The Company’s robots.txt file is configured to permit access by AI agents and assistants retrieving data on behalf of individual users. The robots.txt restrictions that do exist are targeted at search engine crawlers and bulk data harvesters — not at AI agents performing real-time, beneficiary-specific queries. If you are building an AI agent and are unsure whether your access pattern is permitted, contact us at api@thepocketprotector.com before assuming restriction.

(f) Rate Limits. Access to the Platform and API is subject to the following rate limits, which the Company may adjust at any time by updating the machine-readable policy file or API documentation:

• (i) Unauthenticated access: 60 requests per hour per IP address.
• (ii) Authenticated access: 1,000 requests per hour per API key.

(g) API Key Terms. Authenticated API access requires an API key issued by the Company. API keys are non-transferable, must be kept confidential, and may be revoked at any time for violation of these Terms. You are responsible for all activity under your API key.

(h) Attribution. AI agents and API consumers displaying Platform data to end users must include a visible attribution stating “Plan data provided by The Pocket Protector” (or substantially similar language) and a hyperlink to thepocketprotector.com, unless otherwise agreed in writing.

(i) Prohibited Agent Conduct. The permissions in this Section are broad, but they are not unlimited. The following activities are prohibited regardless of the technical method used: (i) systematic downloading, caching, or mirroring of all or a substantial portion of the Platform’s plan data that is not in service of a specific, contemporaneous beneficiary query; (ii) using Platform data to build, train, fine-tune, or benchmark a competing plan comparison, recommendation, or enrollment product; (iii) aggregating Platform data into a dataset for sale, licensing, redistribution, or commercial exploitation independent of individual beneficiary interactions; (iv) misrepresenting AI-generated outputs as originating from a licensed insurance agent or the Company; (v) circumventing rate limits, access controls, or authentication mechanisms; (vi) accessing the Platform in any manner that imposes an unreasonable or disproportionate load on our infrastructure; and (vii) pre-fetching or warehousing plan data in anticipation of future queries rather than retrieving it in real time. The bright-line test is simple: if the data leaves our system to answer a real person’s question, that’s permitted; if it leaves to populate a database, train a model, or feed a competing product, that’s prohibited.

(a) Prohibition on Scraping. You may not, directly or indirectly, engage in any of the following without the Company’s prior written consent:

• (i) Scraping, crawling, spidering, harvesting, or otherwise systematically extracting data from the Platform using automated tools, scripts, bots, or any other technology, except as expressly authorized under Section 3;
• (ii) Bulk downloading, copying, or caching of plan comparison data, carrier data, formulary data, provider directory data, or any other structured data available through the Platform;
• (iii) Circumventing, disabling, or interfering with any technical measures implemented to prevent or restrict unauthorized data collection, including but not limited to rate limiting, CAPTCHAs, robots.txt directives, or API authentication requirements;
• (iv) Accessing the Platform through any means other than the publicly available user interface or documented API, including reverse engineering, decompiling, or disassembling any portion of the Platform’s software;
• (v) Using the Platform to compile, augment, or validate a dataset for redistribution, sale, licensing, or use in a competing product or service;
• (vi) Accessing or attempting to access non-public areas of the Platform, the Company’s servers, or any systems or networks connected to the Platform.

(b) Distinction from Permitted Agent Use. For the avoidance of doubt, the prohibition in this Section does not apply to real-time, query-by-query retrieval by AI agents operating within the rate limits and use cases described in Section 3 where each query serves a specific, identifiable beneficiary’s contemporaneous information need. The Company applies a purpose-based test, not a technology-based test. An automated system making 500 queries per hour on behalf of 500 different beneficiaries is permitted. A single actor making 500 queries per hour to systematically download plan data for 500 ZIP codes without any corresponding beneficiary request is prohibited — even if technically indistinguishable at the network layer. The Company deploys behavioral analytics, query pattern analysis, and other detection mechanisms to distinguish between these use cases, and reserves sole discretion to make this determination. If you believe your access pattern may be ambiguous, contact api@thepocketprotector.com for a written determination before proceeding.

(c) Computer Fraud and Abuse Act. Unauthorized access to the Platform, including any scraping activity prohibited by this Section, constitutes access to a protected computer without authorization or in excess of authorized access under the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (“CFAA”). The Company will pursue all available legal remedies against violators, including but not limited to: (i) temporary and permanent injunctive relief; (ii) statutory damages under the CFAA; (iii) compensatory and consequential damages; (iv) disgorgement of profits derived from unauthorized access; and (v) recovery of attorneys’ fees and costs. The Company treats unauthorized scraping as a serious matter and will not resolve CFAA claims through informal negotiation once a litigation hold has been issued.

(d) State Law Claims. In addition to federal claims under the CFAA, unauthorized scraping may give rise to claims under applicable state computer fraud and unauthorized access statutes, including but not limited to the Illinois Computer Crime Prevention Law, 720 ILCS 5/17-51 et seq., as well as common law claims for trespass to chattels, unjust enrichment, misappropriation, conversion, and tortious interference with business relations. The Company may pursue any or all of these claims concurrently.

(e) Monitoring and Enforcement. The Company actively monitors access patterns to detect unauthorized scraping using automated systems, behavioral heuristics, and manual review. We may, without notice: (i) block IP addresses, CIDR ranges, user agents, or API keys associated with scraping activity; (ii) throttle or degrade service to suspected scrapers; (iii) serve preservation demands and initiate litigation; (iv) refer matters to law enforcement authorities; and (v) publish the identity of adjudicated violators. The Company’s decision not to enforce this Section in any particular instance does not constitute a waiver of its right to do so in the future.

(f) Evidence Preservation. Upon detection of suspected unauthorized scraping, the Company will issue an internal litigation hold preserving all server logs, access records, query patterns, and forensic data associated with the suspected violation. If you receive a cease-and-desist notice or preservation demand from the Company, you are obligated to immediately preserve all data, communications, and records related to your access to the Platform pending resolution of the dispute. Spoliation of evidence will be grounds for adverse inference and additional sanctions.

(g) Liquidated Damages. You acknowledge that unauthorized scraping causes harm to the Company that is difficult to quantify, including degradation of service, competitive injury, and loss of data exclusivity. In the event of a violation of this Section, you agree to pay liquidated damages in the amount of $25,000 per incident, plus $1.00 per record accessed in excess of applicable rate limits, in addition to (and not in lieu of) any other damages to which the Company may be entitled. You agree that this amount represents a reasonable estimate of the Company’s anticipated damages and is not a penalty.

(a) Educational Purpose Only. The information provided through the Platform, including all outputs of the Company’s AI-powered tools, chatbots, and recommendation engine, is for general educational and informational purposes only. Nothing on the Platform constitutes, or is intended to constitute, personalized insurance advice, a recommendation to enroll in or disenroll from any particular health insurance plan, or a solicitation to purchase insurance.

(b) No Agent-Client Relationship. Your use of the Platform does not create an agent-client, fiduciary, advisory, or any other professional relationship between you and the Company. No such relationship exists unless and until you are connected with a licensed, appointed insurance agent and that agent explicitly agrees to represent you in connection with a specific enrollment transaction.

(c) AI Limitations. The Company’s AI tools process data algorithmically and may produce outputs that are incomplete, inaccurate, out of date, or otherwise unsuitable for any particular individual’s circumstances. AI-generated plan comparisons and recommendations are based on the data inputs you provide and the data sources available to the Platform at the time of your query. The Company does not warrant the accuracy, completeness, timeliness, or fitness for a particular purpose of any AI-generated output.

(d) Consult Qualified Professionals. Before making any healthcare coverage decisions, you should consult with a licensed insurance agent, benefits counselor, or other qualified professional who can assess your individual needs, financial situation, and eligibility.

(e) Errors and Omissions. To the fullest extent permitted by applicable law, the Company disclaims any and all liability arising from errors, omissions, or inaccuracies in the plan data, comparison results, or recommendations provided through the Platform. The Company maintains errors and omissions (E&O) insurance coverage; however, such coverage does not extend to reliance on unverified AI outputs or user decisions made without consultation with a licensed agent.

(a) Enrollment Process. All insurance enrollment transactions facilitated through the Platform are handled exclusively by licensed, state-appointed insurance agents. The Platform does not bind coverage, process applications, underwrite policies, or execute enrollment transactions directly.

(b) Agent Independence. Licensed insurance agents who receive referrals through the Platform are independent contractors, not employees of the Company. The Company does not control, direct, or supervise the advice, recommendations, or enrollment services provided by such agents. Any complaints regarding an agent’s conduct should be directed to the applicable state department of insurance.

(c) No Guarantee of Enrollment. The Platform’s display of a plan or provision of a comparison does not guarantee that you are eligible for, or will be enrolled in, any particular plan. Enrollment is subject to applicable carrier underwriting guidelines, CMS enrollment period rules, and state regulatory requirements.

(a) No Government Affiliation. The Company is not affiliated with, endorsed by, authorized by, or in any way officially connected with the Centers for Medicare & Medicaid Services (CMS), the U.S. Department of Health and Human Services (HHS), the Social Security Administration (SSA), or any other federal, state, or local government agency. The Company is a private entity operating as a licensed insurance agency.

(b) Data Sources and Accuracy. Plan data displayed on the Platform is derived from publicly available CMS data files (including but not limited to the Plan Benefit Package (PBP) database, Medicare Plan Finder data, formulary files, and provider directories), carrier-published FHIR API endpoints, and other publicly accessible data sources. While the Company makes commercially reasonable efforts to maintain accurate and current data, we do not guarantee that plan data displayed on the Platform is identical to, or as current as, data available on Medicare.gov or directly from insurance carriers.

(c) Not a Substitute for Medicare.gov. The Platform is not a substitute for the official CMS Medicare Plan Finder at Medicare.gov. Users are encouraged to verify plan details, benefits, costs, provider networks, and formulary information directly with the applicable insurance carrier or at Medicare.gov before making enrollment decisions.

(d) TPMO Compliance. The Company operates as a Third-Party Marketing Organization (“TPMO”) as defined by CMS regulations. All marketing materials, communications, and plan comparisons provided through the Platform are intended to comply with applicable CMS marketing guidelines, including but not limited to 42 C.F.R. Part 422 and Part 423, and CMS Medicare Communications and Marketing Guidelines (MCMG). The Company does not guarantee that all content on the Platform has received carrier or CMS pre-approval where required.

(a) Data Collection. To provide plan comparison services, the Platform may collect limited personal information including your ZIP code, county, age or date of birth, current medications, preferred healthcare providers, and contact information. The Company collects only the minimum data necessary to deliver the requested services.

(b) No Sale of Personal Data. The Company does not sell, rent, lease, or otherwise transfer your personal information to third parties for their independent marketing purposes. We may share data with licensed insurance agents solely to facilitate enrollment services you have requested, and with service providers who assist in operating the Platform, subject to contractual confidentiality obligations.

(c) HIPAA Compliance. To the extent that any information collected or processed through the Platform constitutes Protected Health Information (“PHI”) as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its implementing regulations (45 C.F.R. Parts 160 and 164), the Company will handle such information in accordance with applicable HIPAA requirements, including the HIPAA Privacy Rule and Security Rule. The Company maintains appropriate administrative, technical, and physical safeguards to protect the confidentiality, integrity, and availability of any PHI in its possession.

(d) TCPA Consent. By providing your telephone number through the Platform and requesting contact from a licensed insurance agent, you provide your prior express written consent, as defined by the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), and applicable FCC regulations, to receive telephone calls (including calls made using an automatic telephone dialing system or prerecorded voice), text messages (including SMS and MMS), and other electronic communications from the Company and its authorized agents at the telephone number(s) you provided, regarding Medicare plan options, enrollment assistance, and related services. You understand that: (i) consent is not a condition of purchasing any goods or services; (ii) message and data rates may apply; (iii) message frequency varies; and (iv) you may revoke consent at any time by contacting us at the address provided in Section 17 of these Terms or by replying STOP to any text message. Revocation of consent will be processed within a commercially reasonable period, not to exceed ten (10) business days.

(e) Privacy Policy. Your use of the Platform is also governed by our Privacy Policy, available at thepocketprotector.com/privacy. The Privacy Policy is incorporated into these Terms by reference. In the event of a conflict between these Terms and the Privacy Policy, these Terms shall control.

(a) Company IP. The Platform, including but not limited to its plan comparison algorithms, recommendation engine, AI models and prompts, user interface designs, source code, data architecture, trade dress, trademarks, service marks, logos, and all associated documentation (collectively, “Company IP”), are the exclusive property of the Company and are protected by applicable copyright, trademark, trade secret, and other intellectual property laws. All rights not expressly granted in these Terms are reserved.

(b) Limited License to Users. Subject to these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial use in evaluating Medicare plan options. This license does not include the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, or data obtained from the Platform, except as expressly permitted in Section 3 (API access).

(c) API Consumer License. API consumers who comply with Section 3 are granted a limited, non-exclusive, non-transferable, revocable license to retrieve and display Platform data to their end users for informational and comparison purposes only. This license expressly prohibits: (i) redistribution of raw data feeds; (ii) caching or storing data beyond what is reasonably necessary for real-time display (not to exceed 24 hours); (iii) using Platform data to train, fine-tune, or evaluate machine learning models without separate written authorization; and (iv) creating derivative datasets for redistribution.

(d) Public Data Acknowledgment. The Company acknowledges that certain underlying plan data is derived from publicly available government sources. The Company’s intellectual property rights extend to its selection, arrangement, aggregation, normalization, enrichment, and presentation of such data, not to the underlying public data itself.

(e) User Content. By submitting information, questions, or other content to the Platform (including through AI chatbot interactions), you grant the Company a non-exclusive, royalty-free, worldwide, perpetual license to use, process, and analyze such content for the purpose of providing and improving the Platform’s services, subject to applicable privacy laws and our Privacy Policy.

(a) AS-IS BASIS. THE PLATFORM AND ALL DATA, CONTENT, TOOLS, COMPARISONS, RECOMMENDATIONS, AND OTHER MATERIALS PROVIDED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

(b) No Warranty of Data Accuracy. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT: (i) PLAN DATA DISPLAYED ON THE PLATFORM IS COMPLETE, ACCURATE, OR CURRENT; (ii) THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (iii) RESULTS OBTAINED FROM THE PLATFORM WILL BE ACCURATE OR RELIABLE; OR (iv) ANY DEFECTS IN THE PLATFORM WILL BE CORRECTED.

(c) Assumption of Risk. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM AND ANY RELIANCE ON PLAN COMPARISONS, AI-GENERATED RECOMMENDATIONS, OR OTHER DATA PROVIDED THROUGH THE PLATFORM IS AT YOUR SOLE RISK. THE COMPANY IS NOT RESPONSIBLE FOR ANY ENROLLMENT DECISIONS, COVERAGE GAPS, OUT-OF-POCKET COSTS, OR OTHER CONSEQUENCES ARISING FROM YOUR RELIANCE ON PLATFORM DATA WITHOUT VERIFICATION BY A LICENSED INSURANCE AGENT.

(a) Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, COVERAGE, HEALTH OUTCOMES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) Aggregate Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (i) THE AMOUNTS YOU PAID TO THE COMPANY, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (ii) ONE HUNDRED DOLLARS ($100.00).

(c) Essential Basis. YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS SET FORTH IN SECTIONS 10 AND 11 ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY WOULD NOT PROVIDE THE PLATFORM WITHOUT THESE LIMITATIONS.

(a) Your Indemnification Obligation. You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs of litigation) arising out of or related to: (i) your use of or access to the Platform; (ii) your violation of these Terms; (iii) your violation of any applicable law, regulation, or third-party right; (iv) any content or information you submit through the Platform; (v) any enrollment decisions you make based on Platform data; or (vi) any unauthorized scraping, data extraction, or other prohibited conduct under Section 4.

(b) Indemnification Procedure. The Company will provide you with prompt written notice of any claim subject to indemnification (provided that failure to provide timely notice shall not relieve your indemnification obligation except to the extent you are materially prejudiced). The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with the Company in asserting any available defenses.

(a) Governing Law. These Terms and any disputes arising out of or related to these Terms or the Platform shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws principles.

(b) Venue. Any legal action or proceeding arising out of or related to these Terms or the Platform shall be brought exclusively in the state or federal courts located in Cook County, Illinois. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum or lack of jurisdiction.

(c) Informal Resolution. Before initiating any formal legal proceeding, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of not less than thirty (30) days following written notice of the dispute.

(d) Injunctive Relief. Notwithstanding anything to the contrary in this Section, the Company may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened violation of the Company’s intellectual property rights or to enforce Section 4 (Prohibited Conduct), without the obligation to engage in informal resolution or post a bond.

(e) Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

(a) Use the Platform for any purpose that is unlawful, fraudulent, or harmful, or in connection with any unlawful, fraudulent, or harmful activity;

(b) Impersonate any person or entity, or misrepresent your identity, age, eligibility, or affiliation with any person or entity;

(c) Transmit any viruses, malware, or other harmful code through the Platform;

(d) Interfere with or disrupt the Platform, servers, or networks connected to the Platform;

(e) Use the Platform to collect personal information of other users without their consent;

(f) Use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use of the Platform;

(g) Submit false, misleading, or inaccurate information to the Platform, including false medication lists, provider information, or eligibility data;

(h) Use the Platform to generate or distribute spam, unsolicited commercial communications, or marketing materials;

(i) Attempt to gain unauthorized access to any portion of the Platform, other accounts, computer systems, or networks connected to the Platform, whether through hacking, password mining, or any other means.

(a) The Platform may contain links to third-party websites, services, or resources, including insurance carrier websites and government portals. The Company does not control, endorse, or assume responsibility for any third-party content, products, or services. Your interactions with third-party websites and services are governed by their respective terms and privacy policies. The Company shall not be liable for any damage or loss arising from your use of or reliance on any third-party content, products, or services.

(a) Termination by Company. The Company may terminate or suspend your access to the Platform at any time, with or without cause and with or without notice, including for violation of these Terms.

(b) Termination by User. You may terminate your use of the Platform at any time by ceasing all use and, if applicable, deleting your account.

(c) Survival. Sections 4 (Prohibited Conduct), 5 (No Insurance Advice), 9 (Intellectual Property), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 13 (Dispute Resolution), and this Section 16(c) shall survive any termination or expiration of these Terms.

(a) Entire Agreement. These Terms, together with the Privacy Policy and any supplemental API documentation, constitute the entire agreement between you and the Company with respect to the Platform and supersede all prior agreements, understandings, and communications, whether written or oral.

(b) Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

(c) Waiver. The failure of the Company 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 of the Company.

(d) Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of the Company. The Company may assign these Terms, in whole or in part, without restriction.

(e) Force Majeure. The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, labor disputes, power failures, Internet or telecommunications failures, or third-party service disruptions.

(f) Notices. All notices to the Company under these Terms shall be sent to:

(g) Headings. The section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

(h) Electronic Agreement. You agree that these Terms and all related documents may be executed and delivered electronically, and that your electronic acceptance constitutes your binding signature.