BenefitProof
Version 1.2 — Founding Advisor Beta · Effective September 2, 2026
A binding agreement between Sensible Benefits, LLC, doing business as BenefitProof ("Company," "we," "us") and the advisor firm, individual professional advisor, or authorized advisor team member that enrolls in or uses the Service ("Customer," "you"). By clicking to accept, enrolling, or using BenefitProof (the "Service"), you agree to these Terms on behalf of yourself and the entity you represent, and you represent that you are authorized to do so. This is an invitation-only beta for U.S.-based business users. Do not enroll if you are a consumer, are outside the United States, or are not a professional benefits advisor or an authorized team member of one.
1.1 The Service is offered only to U.S.-based businesses, by invitation, for use by professional benefits advisors and their authorized team members ("Authorized Users"). You are responsible for your Authorized Users’ compliance with these Terms.
1.2 You must provide accurate enrollment information and a valid payment method. You may not share access or resell the Service.
2.1 Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during the term for your internal business use as a benefits advisor.
2.2 You will not, and will not permit anyone to: (a) copy, modify, or create derivative works of the Service; (b) reverse engineer or attempt to derive source code except as permitted by law; (c) resell, rent, or provide the Service to third parties as a service bureau; (d) circumvent usage limits or security; (e) use the Service to build a competing product; or (f) use the Service unlawfully or in violation of these Terms.
2.3 Model contractual language and templates. The Service includes model contractual language, templates, forms, and document-generation tools (including model letters of engagement and their general terms, model business associate addenda, confidentiality provisions, amendments, and other model agreements). These are provided as professional model materials for your convenience and administrative use. They are not legal advice, do not create an attorney-client relationship, and are not represented to be suitable or enforceable in every jurisdiction or for every factual circumstance.
2.4 Your responsibility for model materials. You are responsible for reviewing, selecting, modifying, and determining the suitability and enforceability of any model material you use, including compliance with laws applicable to you and your clients. Agreements you generate using the Service are between you and your client; BenefitProof is not a party to them and does not negotiate, approve, or dictate their terms. You may obtain independent legal advice at your discretion.
2.5 No legal advice; no determination of legal requirements. The Company is not a law firm and does not provide legal advice, and use of the Service does not create an attorney-client relationship. The Company does not determine whether any particular provision or document is legally required, and does not represent or warrant, to the maximum extent permitted by applicable law, that any model language is suitable, sufficient, legally compliant, or enforceable for your particular facts or jurisdiction. You are solely responsible for reviewing, selecting, modifying, negotiating, approving, and entering into any contractual language you generate through the Service, and for obtaining independent legal advice when you determine it appropriate. Nothing in these Terms requires you to obtain attorney review before using model materials.
3.1 The Service is a pre-general-availability beta provided "AS IS" and "AS AVAILABLE." It may contain errors, may change, and may be modified, suspended, or discontinued in whole or in part at any time.
3.2 Beta features are experimental. Outputs may be incomplete or inaccurate and are decision-support only, not professional, legal, tax, actuarial, insurance, or medical advice. You are responsible for independently verifying outputs before relying on them or presenting them to any client.
3.3 AI-Assisted Analysis. The Service uses artificial intelligence, automated processing, and proprietary analytical models to assist advisors in evaluating employer benefit programs, organizing evidence, identifying potential opportunities, and developing strategic considerations.
All outputs are intended to support—and not replace—the professional judgment of the advisor. The Service does not independently make decisions for the Customer, an employer, a health plan, or any individual.
The Customer remains solely responsible for reviewing and validating outputs, exercising independent professional judgment, determining the suitability of any strategy or recommendation for a particular employer, and deciding what information or recommendations to present to a client.
The advisor advises. The employer decides.
3.4 No affiliation. The Company and the Service are independent. We are not affiliated with, endorsed by, or acting on behalf of any employer, group health plan, insurer, carrier, broker of record, or government agency, and nothing in the Service implies any such relationship.
4.1 You are responsible for safeguarding credentials, for all activity under your account, and for promptly notifying us of any unauthorized use. We may require multi-factor authentication. You will ensure each Authorized User has unique credentials and will promptly deprovision users who leave your organization.
5.1 Ownership. As between the parties, you own all Customer Data you submit, and we claim no ownership of it. "Customer Data" means data, documents, and information you or your Authorized Users submit to the Service, including "Employer Data" relating to an employer client, its plan, or individuals.
5.2 Limited permission to process. You grant us a limited, worldwide, royalty-free license to host, store, process, transmit, display, and generate outputs from Customer Data solely to provide, secure, support, and improve the Service as authorized by these Terms.
5.3 Your authority to provide data. The Customer represents and warrants that it possesses all rights, permissions, client authorizations, agreements, consents, and legal authority necessary to upload, submit, analyze, process, use, and share Customer Data through the Service.
The Customer will not upload, submit, process, or share any information that it lacks the legal or contractual authority to provide.
Where applicable, the Customer is solely responsible for obtaining any required Business Associate Agreement, client authorization, employer permission, participant consent, confidentiality agreement, data-use agreement, or other legal documentation before uploading or processing protected or confidential information through the Service.
By using the Service, the Customer acknowledges and accepts sole responsibility for determining whether it has the proper authority to submit and use Customer Data.
5.4 De-identified and aggregated data. We may create de-identified or aggregated information from Customer Data and use that information solely to operate, maintain, secure, analyze, benchmark, improve, test, and develop the Service, provided that the information does not identify the Customer, an Authorized User, an employer, a plan, or an individual.
We will not attempt to re-identify properly de-identified information.
We do not sell Customer Data.
5.5 Confidentiality. Each party will protect the other’s non-public information disclosed under these Terms ("Confidential Information") using at least reasonable care, use it only to perform under these Terms, and not disclose it except to personnel and contractors bound by confidentiality. Customer Data is your Confidential Information. Exclusions apply for information that is public, independently developed, or rightly received from a third party. Compelled disclosures are permitted with notice where lawful.
6.1 The Service may be used to process employer and benefits-related information, some of which may be confidential, sensitive, or regulated.
The Customer is solely responsible for determining whether its use of the Service involves protected health information, personally identifiable information, or other regulated information and for determining what legal or contractual documentation is required.
Where applicable, the Customer is solely responsible for obtaining any necessary Business Associate Agreement, employer authorization, client consent, participant permission, or other legal authority before uploading, processing, reviewing, or sharing such information.
The Customer must not upload or process protected information unless it has determined that it possesses the legal and contractual authority to do so.
Nothing in these Terms creates a Business Associate Agreement between the parties. Any Business Associate Agreement involving the Company must be separately negotiated, expressly approved, and executed in writing by authorized representatives of both parties.
7.1 Free trial and conversion. Your subscription begins with a 7-day free trial. We collect your payment method at enrollment but do not charge you on enrollment. Unless you cancel before the trial ends, the trial automatically converts to a paid subscription and we will charge $99 per month to your payment method, beginning when the trial ends and monthly thereafter, until you cancel.
7.2 Recurring billing authorization. You authorize us and our payment processor to charge your payment method $99 per month on a recurring basis until cancellation, plus applicable taxes.
7.3 Cancellation. You may cancel at any time, online, through Billing Settings, and you are not required to contact us to cancel. If you cancel during the trial you will not be charged. If you cancel a paid subscription, it remains active through the end of the current paid billing period and does not renew. Cancellation is at least as easy as enrollment.
7.4 Refunds. Except where required by applicable law, subscription fees are non-refundable, and we do not provide refunds or credits for partial months or unused periods. If you believe a charge was made in error, you may contact billing@ratemybenefits.com within thirty (30) days of the charge for review.
7.5 Price. The subscription price is $99 per month. We will not automatically increase your price after twelve (12) months unless the increase is separately disclosed to you and you affirmatively accept it. Any other change to fees will be disclosed with advance notice and will apply to the next billing cycle; continued use after the effective date constitutes acceptance, and you may cancel before it takes effect.
7.6 Taxes. Fees exclude taxes; you are responsible for applicable sales, use, and similar taxes, excluding taxes on our net income.
7.7 Payment processing. Payments are processed by a third-party processor (see Section 11); your use of payment features is subject to the processor’s terms, and you authorize us to share necessary billing data with it.
8.1 We provide the beta on a best-effort basis with no uptime commitment or service-level agreement.
8.2 Support, if any, is provided by email at support@ratemybenefits.com on a commercially reasonable basis with no guaranteed response time during the beta.
9.1 We may suspend or limit your access immediately if we reasonably believe there is a security risk, unlawful use, non-payment, or a material breach, or as needed to protect the Service or third parties.
9.2 Either party may terminate for convenience: you by cancelling; we on reasonable notice or at the end of the beta. Either party may terminate for material breach not cured within 10 days of notice.
9.3 On termination, your license ends and you must stop using the Service. Sections that by their nature survive (including 2.2, 5, 6, 10, 12–16, 20) survive.
10.1 Export. During the subscription and for thirty (30) days after termination, the Customer may request a reasonable export of Customer Data by contacting support@ratemybenefits.com. The format and scope of the export will depend on the data and the technical capabilities of the Service at the time of the request.
10.2 Deletion. After the export period, we will delete Customer Data from active systems within thirty (30) days, and purge it from routine backups within ninety (90) days, except (a) de-identified or aggregated data under Section 5.4 and (b) records we must retain by law. You may request earlier deletion in writing.
11.1 The Service may integrate with or rely upon third-party providers for functions that may include cloud hosting, data storage, authentication, payment processing, email delivery, analytics, and artificial intelligence and automated processing.
The Company is not responsible for the performance, availability, acts, omissions, security practices, privacy practices, terms, or policies of third-party providers, except to the extent that responsibility cannot lawfully be limited or excluded.
The Customer’s use of certain third-party functionality may also be subject to the applicable provider’s terms and policies.
12.1 Our intellectual property. We and our licensors own all rights in the Service, including software, models, methods, interfaces, documentation, workflows, and all improvements. Except for the license in Section 2, no rights are granted.
12.2 Feedback. If you provide suggestions, ideas, or feedback ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction or obligation to you. Feedback is provided voluntarily and is not your Confidential Information.
13.1 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, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT OUTPUTS WILL BE ACCURATE OR COMPLETE. You acknowledge the beta nature of the Service.
14.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, arising out of or relating to these Terms or the Service, even if advised of the possibility.
14.2 EACH PARTY’S TOTAL AGGREGATE LIABILITY arising out of or relating to these Terms will not exceed the greater of (a) $100 or (b) the total fees you paid to us during the twelve (12) months immediately preceding the event giving rise to the claim.
14.3 The limitations in this Section apply to the maximum extent permitted by law and do not limit any liability that cannot lawfully be limited or excluded. These limitations reflect an agreed allocation of risk and survive.
15.1 You will defend, indemnify, and hold us harmless from third-party claims and resulting losses arising from: (a) your Customer Data or your lack of rights, authority, permissions, or consents to provide it (Section 5.3); (b) your or your Authorized Users’ violation of law or these Terms; or (c) your use of the Service in connection with a client engagement. This reflects that you control what data is uploaded and the client relationships.
16.1 These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.
16.2 Binding arbitration. Except as stated in Section 16.3, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration rather than in court, administered by a mutually recognized arbitration administrator (for example, the American Arbitration Association) under its then-current commercial arbitration rules, before one neutral arbitrator, seated in New York County, New York. Judgment on the award may be entered in any court of competent jurisdiction.
16.3 Exceptions. Either party may (a) seek temporary or emergency injunctive or equitable relief in a court of competent jurisdiction where necessary to preserve the status quo or protect intellectual property or confidential information; (b) bring an action to enforce an arbitration award; and (c) pursue any matter that applicable law requires a court to determine. To the fullest extent permitted by applicable law, disputes will be arbitrated on an individual basis and not as a class or representative action.
16.4 Scope. This Section governs the relationship between the Company and you (the user) under these Terms only. The Company is not a party to, and this Section does not apply to, any engagement agreement or dispute between you and an employer or other client.
17.1 We may update these Terms. For material changes we will provide reasonable advance notice (for example, by email or in-product). Changes take effect on the stated effective date; continued use after that date constitutes acceptance. If you do not agree, cancel before the effective date. Fee changes are governed by Section 7.5.
18.1 You consent to receive communications, agreements, disclosures, and notices from us electronically (by email or in-product), and you agree that electronic delivery satisfies any legal requirement that such communications be in writing. You may withdraw consent for non-transactional communications, but transactional and account or billing communications are necessary to provide the Service. This consent is provided under the federal E-SIGN Act.
19.1 Entire agreement; order of precedence. These Terms, the Privacy Policy, and any executed Business Associate Agreement form the entire agreement. If there is a conflict, an executed Business Associate Agreement controls for PHI; then these Terms.
19.2 Assignment. You may not assign without our consent; we may assign to an affiliate or in connection with a merger or sale.
19.3 Force majeure; severability; no waiver; independent contractors. Standard terms apply. If any provision is held unenforceable, the remaining provisions remain in effect. No failure to enforce is a waiver. The parties are independent contractors.
19.4 Notices. Legal notices to the Company should be sent to legal@ratemybenefits.com. For account or billing questions, contact billing@ratemybenefits.com; for support, support@ratemybenefits.com.
20.1 Decision intelligence, not legal or eligibility determinations. The Service provides healthcare decision intelligence, analytical tools, educational information, and decision-support resources. The Company does not independently determine whether any insurance product, funding arrangement, stop-loss policy, benefit strategy, vendor arrangement, or other recommendation is legally available or appropriate in every jurisdiction.
20.2 Your licensing and compliance responsibility. Insurance, employee-benefit, stop-loss, licensing, compensation, and related requirements vary by jurisdiction and may change. You and your Authorized Users are responsible for maintaining all licenses, appointments, registrations, and other authority required for the services you provide, and for complying with applicable requirements governing insurance solicitation, negotiation, placement, advisory or consulting services, fees, commissions, disclosures, and compensation.
20.3 Eligibility information is decision-support, not legal advice. Any regulatory or market-eligibility information the Service displays is decision-support information; it is not legal advice and is not a representation that a particular transaction is legally permissible. Where jurisdictional eligibility cannot be established with sufficient confidence, the Service may identify the matter as requiring professional review rather than making an eligibility determination.
20.4 Lawful implementation remains the client’s and advisor’s responsibility. Employers remain responsible, together with their licensed advisors and legal or other professional counsel as appropriate, for determining whether a proposed insurance, funding, or benefit arrangement may lawfully be implemented. This Section is a platform term and does not replace any separate compensation agreement, engagement letter, or disclosure that may be required between you and an employer client.