Agent Terms of Service

These Agent Terms of Service ("Terms") are a legal agreement between you and the agency you represent (together, "you," "Agent," or "Agency") and Senior Simple LLC ("Senior Simple," "we," "us"). They govern your access to and use of the Senior Simple agent portal, applications, and related services (the "Service").

By checking the acceptance box, creating an account, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility & authority

You represent that you are at least 18 years old; that you are a licensed insurance agent or an authorized employee/contractor of a licensed agency in good standing in each state where you market or enroll; and that you have authority to accept these Terms on behalf of your Agency and to bind it. You are responsible for all activity under your Agency's accounts.

2. Definitions

• Agency — the insurance agency that subscribes to the Service.
• Agent — an individual user (agency admin or staff) accessing the portal.
• Client / Beneficiary — a consumer whose information is collected or managed in the Service.
• Client Data — information about a Client entered into or generated by the Service, including health-related information ("PHI").
• BAA — a Business Associate Agreement between Senior Simple and the Agency governing PHI, where one has been requested by the Agency and executed by both parties (see Section 7). A BAA is not provided to all agencies by default.

3. The Service

Senior Simple provides tools for client intake, data collection, plan comparison/analysis, messaging, and CRM integration to support Medicare-related insurance activities. The Service is provided to assist licensed professionals; it does not provide insurance, legal, tax, or compliance advice, and does not make enrollment or eligibility decisions. You are solely responsible for the advice you give and the enrollments you complete.

4. Accounts, registration & security

You agree to provide accurate, current registration information and to keep it updated. You are responsible for safeguarding credentials, enabling available security features (e.g., multi-factor authentication where offered), and for all actions taken under your accounts. Notify us promptly of any unauthorized access. Accounts are for named individuals and may not be shared.

5. Subscriptions, fees, trials & cancellation

Access may require a paid subscription. Fees, billing cadence, and any free trial are presented at sign-up or in your order and are processed through our payment processor. Unless stated otherwise: subscriptions auto-renew until cancelled; fees are non-refundable except where required by law; and we may suspend access for non-payment. You may cancel as described in the portal; cancellation takes effect at the end of the current billing period. We may change fees prospectively with reasonable notice.

6. Your compliance obligations

You are solely responsible for complying with all laws and rules applicable to your activities, including but not limited to:

• CMS / Medicare marketing & enrollment rules (including Scope of Appointment and the required disclaimers);
• TCPA and Do-Not-Call rules and obtaining valid Permission to Contact before calling/texting;
• HIPAA and applicable state privacy laws;
• State insurance licensing, appointment, and advertising requirements; and
• truthful, non-misleading communications with Clients.

The Service offers features (e.g., Scope of Appointment, Permission-to-Contact capture, consent records) to help you operate compliantly, but using them does not guarantee compliance, and you remain responsible for proper, lawful use and for the accuracy of information you submit.

7. Client data, privacy & PHI

As between you and Senior Simple, the Agency controls its Client Data. You represent that you have all necessary rights, consents, and authority to collect and submit Client Data to the Service and to direct our processing of it. A BAA is not offered to all agencies by default; Senior Simple makes a BAA available on the Agency's request where the Agency demonstrates a genuine need for one — for example, that the Agency is a HIPAA covered entity, or that Senior Simple would act as the Agency's business associate with respect to PHI. Where a BAA has been requested and executed between the Agency and Senior Simple, that BAA governs PHI and is incorporated by reference; if these Terms conflict with the BAA as to PHI, the BAA controls. Our handling of personal data is further described in the Privacy Policy. You will not submit Client Data you are not authorized to share.

8. Acceptable use

You will not: misuse or interfere with the Service; access it other than through permitted interfaces; reverse engineer, scrape, or resell it; upload malware or unlawful content; send unlawful, deceptive, or unsolicited communications; infringe others' rights; or use the Service to violate any law or the rights of any Client. We may investigate and act on suspected violations, including suspension.

9. Third-party services & integrations

The Service integrates with third-party services (for example, CRM, messaging, and payment providers). Your use of those services is governed by their own terms, and you are responsible for your accounts and any data you connect. We are not responsible for third-party services and disclaim liability for their acts, omissions, or availability.

10. Intellectual property

Senior Simple and its licensors own all rights in the Service, including software, content, and trademarks. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business during your subscription. You retain rights in your Client Data; you grant us a license to host, process, and use it to provide and improve the Service and as permitted by any applicable BAA and the Privacy Policy. Feedback you provide may be used without restriction.

11. Confidentiality

Each party may access the other's non-public information. The receiving party will protect it with reasonable care and use it only to exercise rights and perform obligations under these Terms, except where disclosure is legally required.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT RESULTS (INCLUDING PLAN COMPARISONS) ARE COMPLETE OR ACCURATE FOR ANY PARTICULAR PURPOSE.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR DATA. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES YOU PAID FOR THE SERVICE IN THE 6 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. NOTHING LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.

14. Indemnification

You will defend, indemnify, and hold harmless Senior Simple from third-party claims, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your Client Data, your communications with Clients, or your breach of these Terms or of applicable law (including CMS, TCPA, HIPAA, and state insurance rules).

15. Term, suspension & termination

These Terms apply while you use the Service. We may suspend or terminate access for non-payment, breach, suspected unlawful use, or risk to the Service or others. You may stop using the Service at any time. Upon termination, your right to use the Service ends; provisions that by their nature should survive (e.g., 7, 10–14, 16) survive. Data handling on termination follows any applicable BAA and the Privacy Policy.

16. Changes to the Service and to these Terms

We may modify the Service and these Terms. When we make material changes to these Terms, we will update the version and effective date and require you to review and accept the updated Terms before continued use. Continued use after an update, where acceptance is requested, constitutes acceptance.

17. Governing law & dispute resolution

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with the arbitration seated in Collin County, Texas. Judgment on the award may be entered in any court of competent jurisdiction. To the maximum extent permitted by applicable law, each party waives any right to bring or participate in a class, collective, consolidated, or representative action, and disputes will be resolved only on an individual basis. Notwithstanding the foregoing, either party may bring an action seeking injunctive or other equitable relief in the state or federal courts located in Collin County, Texas to protect its intellectual property or confidential information, and the parties consent to the exclusive jurisdiction and venue of those courts for that purpose.

18. General

These Terms (with any applicable BAA and the Privacy Policy) are the entire agreement between the parties regarding the Service and supersede prior agreements on that subject. If any provision is unenforceable, the rest remains in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale. No waiver is implied by inaction. Notices to you may be given in-product or to your account email; notices to us go to legal@seniorsimple.io.

Questions? Contact support@seniorsimple.io.