BENEFITCLOUD TERMS AND POLICIES
Effective: September 1st, 2017
Acceptance of Terms.
Description of Service.
The "Service" includes (a) Benefitcloud LLC's Benefitcloud Mobile App for iOS and Android (“Apps”) (b) website benefitcloud.com (c) administration web technologies (d) API (e) all software including data, reports, text, images, and other content made available through any of the foregoing. Any new features added are also subject to this Terms of Service. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to Benefitcloud LLC.
Access and Use of the Service.
You may access and use the Service only for lawful, authorized purposes and you shall not misuse the Service in any manner (as determined by Benefitcloud LLC in its sole discretion). You shall comply with any codes of conduct, policies, storage limitations, or other notices Benefitcloud LLC provides you or publishes in connection with the Service from time to time, and you shall promptly notify Benefitcloud LLC if you learn of a security breach related to the Service.
Any software that may be made available by Benefitcloud LLC in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this Terms Of Service, Benefitcloud LLC only grants you a personal, non-sublicensable and non-exclusive license to use the object code of any Software solely in connection with the Service and in accordance with our policies. Any rights not expressly granted herein are reserved.
Benefitcloud LLC reserves the right to use your Company name as a reference for marketing or promotional purposes on Benefitcloud LLC’s website and in other communication with existing or potential Benefitcloud LLC customers. For example, we might list your company on one of our webpages under lists of Benefitcloud customers. We don’t want to list customers who don’t want to be listed, so you may send an email to email@example.com stating that you do not wish to be used as a reference.
"Your Data" means any data and content stored or transmitted via the Services by You. "Content" includes Support Topics created by you, Responses to Topics and anything else you enter or upload into Benefitcloud.
In order for us to provide the Service to you, we require that you grant us certain rights with respect to Your Data. For example, we need to be able to transmit, store and copy Your Data in order to display it to you and your administrator, to index it so you are able to search it, to make backups to prevent data loss, and so on. Your acceptance of this Terms Of Service gives us the permission to do so and grants us any such rights necessary to provide the service to you, only for the purpose of providing the service (and for no other purpose). This permission includes allowing us to use third-party service providers (such as Amazon Web Services) in the operation and administration of the service and the rights granted to us are extended to these third parties to the degree necessary in order for the service to be provided. These rights and permissions are not permanent: they terminate whenever you remove all or part of Your Data from The Service. We claim no ownership over Your Data.
If you or your end users send us any feedback or suggestions regarding the Service, you grant Benefitcloud LLC an unlimited, irrevocable, free license to use any such feedback or suggestions for any purpose without any obligation to you or your end users.
The Services provide features that allow you to share Your Data with an Administrator and for an Administrator to share Data with you. Please consider carefully what you allow to be shared. You are solely responsible for your conduct, the content of Your Data, and all communications with others while using the Services.
You shall defend, indemnify, and hold harmless Benefitcloud LLC from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this Terms Of Service, any of Your Data, or Your use or misuse of the Service. Benefitcloud LLC shall provide notice to you of any such claim, suit or demand. Benefitcloud LLC reserves the right to conduct the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Benefitcloud LLC’ defense of such matters.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL Benefitcloud LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE to YOUR CLAIM or, IF NO FEES APPLY, one hundred ($100) U.S. dollars, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS Terms Of Service.
You and Benefitcloud LLC each agree that this Terms of Service shall be governed by the law of the State of Texas.
Apps may contain information about Benefits in a section labelled as Highlights. Your specific rights to Benefits under the plan are governed solely, and in every respect, by the official plan documents, and not the information in Highlights. If there is any discrepancy between the description of the program elements as contained in Highlights and the official plan documents, the language in the official plan documents shall prevail as accurate. Please refer to the plan-specific documents published by each of the respective carriers for detailed plan information.
Information we collect and receive
The type of information we collect and receive includes; your Email address, your Name, your Username and Password.
When You use Benefitcloud our servers automatically record information including information that your browser sends whenever you visit a website or your mobile app sends when you’re using it. This log data may include your Internet Protocol address, the address of the web page you visited before coming to Benefitcloud, your browser type and settings, the date and time of your request, information about your browser configuration and plug-ins, language preferences, and cookie data.
We may also collect information about the device you’re using Benefitcloud on, including what type of device it is, what operating system you’re using, device settings, unique device identifiers, and crash data.
The message content of the Topic You create or response to. When Topics, their Responses, Notifications are seen by You.
How we use your information
We use information You provide to authenticate You and deliver message content to You and from You.
Sharing and Disclosure
- With consent, to comply with legal process, or to protect Benefitcloud and our users.
- About You with Your Employer, Broker or Administrator.
- In the event of a merger or sale.
- Aggregated and non-identifiable with our partners or others for business or research purposes.
Benefitcloud takes reasonable steps to protect information You provide to us as part of your use of the Benefitcloud service from loss, misuse, and unauthorized access or disclosure. When You enter sensitive information (such as sign-in credentials) we encrypt the transmission of that information using secure socket layer technology (SSL). We follow generally accepted standards to protect the personal data submitted to us, both during transmission and once we receive it. However, no electronic or email transmission or digital storage mechanism is ever fully secure or error free.
We may change this Terms of Service from time to time, and if we do we’ll post any changes on this page. If you continue to use Benefitcloud after those changes are in effect, you agree to the revised policy.