Terms of Service

These Terms of Service ("Terms") govern access to websites, downloads, and cloud services that BenAsk ("BenAsk," "we," "us") makes available (collectively, the "Service"). Creating an account or using the Service after we present Terms you can review constitutes your agreement as of that version's posted effective date. Material changes require re-acceptance (for example checkbox or acknowledgement in-product) before the new Terms govern you, consistent with § 12. If we cannot obtain acknowledgement from you for material changes affecting core rights or restrictions, your sole remedy without penalty during the advance notice window is to stop using the Service and terminate under § 6 and § 12 rather than silently continuing under browsewrap presumptions.

1. Eligibility

You must be at least 18 years old and capable of entering a binding contract. The Service is offered exclusively to individual consumers located in the United States — meaning the 50 United States plus the District of Columbia. U.S. territories (including Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands) are excluded unless we expressly enable them in product copy.

By creating an account, you represent that:

• You are physically located in and ordinarily resident in the 50 United States or the District of Columbia;
• You are at least 18 years old;
• You will not access or use the Service from a location outside the United States.

If you are not located in or ordinarily resident in the United States, you are not eligible to use the Service. We do not target the Service to residents of any other country and we do not localize, advertise, or accept payment from outside the United States.

You may not use the Service:

• where local law forbids automated benefits tools, AI-assisted document review, or processing of health-related personal data by a U.S.-based provider;
• if you are located in or ordinarily resident in a jurisdiction subject to comprehensive U.S. trade sanctions (see § 15);
• if you are listed on a U.S. government restricted-party list.

Invited household members must independently meet these eligibility requirements.

2. Service description

BenAsk provides software that helps households collect employer-sponsored benefits materials, run onboarding questionnaires, compare illustrative plan math, upload voluntary documents, and chat with an AI assistant grounded in materials you supplied. Features change as we ship updates—we may add, modify, or remove features without compensating credit except where prepaid fees require refunds under law or an express ordering document.

Informational tool only. BenAsk does not provide medical care, legal advice, insurance producer/broker services, certified public accounting, tax advice, or fiduciary investment advice. Nothing in the Service replaces official Summary Plan Descriptions, certificates of coverage, carrier portals, government programs, or licensed professionals you personally retain.

3. AI accuracy disclaimer

Artificial intelligence can be wrong, incomplete, or outdated even when answers sound confident. Models may omit material limitations, misread OCR text, or hallucinate benefits that do not exist in your plan. You must verify every material fact—premiums, deductibles, networks, prior authorization rules, prescription tiers, tax treatment, and enrollment deadlines—against governing plan documents and qualified professionals before you enroll, decline coverage, seek care, or make financial decisions.

4. User content

You keep ownership of files, answers, and messages you submit ("User Content"). You represent that you have the rights and authority needed to upload each item. You grant BenAsk a limited, non-exclusive, worldwide, royalty-free license to host, reproduce, adapt (for example via OCR or summarization), display, and process User Content solely to operate and secure the Service for you. We do not use your User Content to train artificial intelligence or machine learning models — ours or any third party's — and we do not use your User Content to develop, test, or improve features beyond delivering the Service to you. No transfer of ownership occurs. When you delete content or your account, we remove active copies per the Privacy Policy, subject to backup windows described there.

5. Acceptable use

• Do not upload another person's medical or benefits records without legal authority to do so.
• Do not upload materials you do not own or lack permission to share.
• Do not misuse the Service to violate law, harass others, spread malware, attempt unauthorized access, or scrape our systems.
• Do not attempt to reverse engineer non-open portions except where law forbids that restriction.

5A. Family workspaces & admins

BenAsk uses "organizations" to represent a household. Invitees you add can see shared benefits data consistent with the product. You are responsible for invitations you send and for making sure every member may lawfully view shared uploads.

6. Account termination

You may stop using the Service anytime. Use Dashboard → Settings → Your data to schedule deletion or export. On termination (including when you reject material Terms changes per § 12), export windows and deletion sequencing follow the retention table and controls in the Privacy Policy; where export is available, you may complete it before deletion becomes final where product controls allow. We may suspend or terminate accounts that create risk, violate law, or breach these Terms. When reasonably practicable we provide notice and a chance to cure good-faith mistakes, except for emergencies, court orders, or active abuse.

6A. Third-party carriers, employers, and vendors

Links or summaries referencing insurers, PBMs, wellness vendors, or government programs are for convenience. We do not control third-party sites or guarantee their accuracy. Your benefits are governed by contracts between you, your employer, and plan sponsors—not by BenAsk.

7. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, BENASK DISCLAIMS ALL WARRANTIES—EXPRESS, IMPLIED, OR STATUTORY—INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUTPUTS ARE SUITABLE FOR MEDICAL, LEGAL, OR FINANCIAL DECISION-MAKING. WE DO NOT GUARANTEE ANY SPECIFIC LEVEL OF AVAILABILITY, RESPONSE TIME, OR UPTIME FOR THE SERVICE. SOME JURISDICTIONS LIMIT DISCLAIMERS; IN THOSE PLACES, DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT ALLOWED.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BENASK NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.

EXCEPT WHERE PROHIBITED BY LAW, THE AGGREGATE LIABILITY OF BENASK FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID BENASK IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (USD $100) IF NO FEES WERE PAID.

THE LIMITATIONS ABOVE DO NOT APPLY WHERE LAW FORBIDS THEM—INCLUDING CLAIMS FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, VIOLATIONS OF PRIVACY LAWS THAT CANNOT BE LIMITED BY CONTRACT, OR OTHER NON-WAIVABLE CONSUMER PROTECTION RIGHTS (NOTABLY IN CALIFORNIA, MASSACHUSETTS, AND OTHER STATES WITH STRONG PUBLIC POLICIES). IF A COURT OR ARBITRATOR DEEMS A REMEDY UNENFORCEABLE, THE REMAINING LIMITS STAY IN EFFECT TO THE FULLEST EXTENT POSSIBLE.

9. Indemnification

You will defend and indemnify BenAsk (and its personnel) from third-party claims, damages, and costs (including reasonable attorneys' fees) arising from your User Content, misuse of the Service, or violation of law—except to the extent a claim arises from BenAsk's own gross negligence, willful misconduct, or violation of law.

10. Subscription and payment

Today BenAsk does not charge your payment card. Free and Platinum (and any waitlisted tiers) remain USD $0 until we publish new pricing with the disclosures below. Nothing in the UI should be read as an active paid subscription while billing is disabled.

When paid plans launch, we will disclose: price, billing cadence, free-trial length (if any), automatic renewal, how to cancel, and refund rules—meeting the federal Restore Online Shoppers' Confidence Act and applicable state auto-renewal laws (including California's automatic renewal statute). Continued use after pricing launches constitutes acceptance only after we present those terms at checkout.

10A. Marketing messages and TCPA

Transactional and service communications (for example account verification, security alerts, product notices needed to deliver the Service, and responses to support requests) are part of the Service and may be sent as described in the Privacy Policy. Marketing communications—including promotional email, SMS, or similar outreach—require separate opt-in consent where law demands; accepting these Terms alone is not marketing consent.

Marketing calls and texts (Telephone Consumer Protection Act and similar state laws): We do not initiate autodialed or prerecorded marketing calls or marketing text messages to your telephone number from BenAsk based solely on signing up for the Service or accepting these Terms. If we introduce telemarketing calls, texts, or similar campaigns to numbers you provide, we will obtain separate express consent in a manner that complies with the TCPA and applicable state laws before sending those communications, disclose how to opt out, and honor opt-out requests promptly. This paragraph does not by itself constitute your marketing opt-in; any future promotional SMS/voice programs will rely on dedicated consent capture UI (tracked as a separate product task).

11. Dispute resolution

11.1 Informal resolution

Before filing any claim, email support@benask.com with a short description and desired outcome. We will attempt good-faith resolution for 30 days.

11.2 Binding arbitration & class waiver (with opt-out)

If informal resolution fails, either party may elect binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except as modified here. The Federal Arbitration Act governs this Section. Arbitration occurs in English. Hearings proceed by telephone or secure videoconference unless both parties mutually agree to an in-person location that is commercially reasonable neutral territory (normally within the continental United States). If that standard cannot be satisfied, remote proceedings remain default. The arbitrator may award the same damages and relief as a court (subject to the liability cap above). BenAsk will pay all AAA filing, administration, and arbitrator fees in excess of any small consumer filing fee required under the AAA Consumer Rules. Either party may seek an award allocating those fees if the arbitrator concludes a claim or defense was frivolous, asserted in bad faith, or abusive.

• 30-day opt-out: You may reject arbitration by emailing legal@benask.com within 30 days after you first accept these Terms with subject line [ARBITRATION OPT-OUT] and your full name and account email. Opting out does not affect other Terms.
• Small claims: Either party may bring an individual action in small claims court if the matter qualifies.
• IP disputes: Either party may seek injunctive or equitable relief in court for misuse of intellectual property without first arbitrating.
• Class/representative waiver: Disputes must be brought in an individual capacity—not as a class action, private attorney general, or representative proceeding—unless you validly opt out of arbitration entirely and a court compels class treatment despite this clause (in which case the class aspects proceed in court as law requires).
• Non-waivable rights: Nothing here limits rights that California, Massachusetts, New Jersey, or other states declare non-waivable for consumers, including certain privacy, wage, or public-injunction claims where statutes forbid arbitration or class waivers.

12. Modifications

We may update these Terms by posting revisions and adjusting the 'Last updated' stamp.

For non-material changes (such as clarifying wording, contact information updates, or improvements that do not reduce your rights), we will post the revised Terms and they take effect on the posted effective date.

For material changes — including but not limited to changes to fees, arbitration, the class waiver, substantive privacy practices, AI processing, indemnity caps, or the User Content license — we will:

1. Provide at least thirty (30) days' advance notice via email and in-dashboard banner referencing the new effective date;
2. Present an in-product acceptance step (for example, a checkbox or acknowledgement modal) before the new Terms govern your continued use; and
3. Permit you to terminate your account without penalty before the new effective date and request data export and deletion via Settings → Your data under § 6.

If you reject material changes by declining the in-product acceptance step or by terminating your account, your use of the Service ends as of the effective date of the new Terms (or sooner if you so choose). Your data export and deletion follow the Privacy Policy.

Continued optional AI features after we publish new Privacy Policy disclosures may require renewed consent under the Privacy Policy.

13. Governing law, venue & severability

For disputes that courts may hear (for example after you validly opt out of arbitration or where arbitration is barred), Delaware law applies—excluding conflict-of-law principles that would point elsewhere— except that mandatory consumer-protection statutes in your place of habitual residence prevail when they forbid choice of Delaware law or require different governing law as to those claims alone. Venue generally rests with competent state or federal courts in Delaware, but if applicable consumer protection law requires venue in your state of residence for certain non-waivable claims, you may bring those claims there and we will not insist on Delaware venue to the extent a court declares such insistence unconscionable or void against public policy.

If any provision is held unenforceable, the remainder survives. Sections intended to endure—payment (when active), disclaimers, limitations to the extent enforceable, indemnity carve-outs for BenAsk misconduct, arbitration (unless you opted out), and dispute-resolution choices—stay effective after termination to the fullest extent permitted.

14. BenAsk intellectual property; measurement tooling

BenAsk retains all rights in and to the Service itself—software, branding, layouts, prompts, orchestration scripts, test and evaluation harnesses, and documentation—that do not constitute your User Content. Feedback you voluntarily provide may be used without owing you royalties unless we agree otherwise in writing. Open-source components bundled with BenAsk remain under their respective licenses.

How we measure the Service (reconciled with the Privacy Policy): We do not treat your confidential uploads or chat message bodies as a customer "data product" licensed to unrelated advertisers. Operational reliability does rely on standard hosting and telemetry: Vercel Speed Insights collects performance timings on loads; when you choose Accept all cookies we load Google Analytics (gtag) and emit only the allow-listed events implemented in code (counts, durations, categorical labels—including some events that pass a Clerk user identifier for signup funnels—never raw document text); when tokens are configured, Better Stack (Logtail) receives structured server/browser log lines excluding message bodies by design, and Sentry may receive error stack traces when a Sentry DSN is set. Details, subprocessors, and your controls appear in the Privacy Policy.

15. Miscellaneous

• Electronic notices: We may deliver communications electronically (email or in-product). You consent that satisfies applicable writing rules.
• Entire agreement: These Terms plus documents linked here (including the Privacy Policy) form the entire agreement about the Service.
• Assignment: You may not assign; we may assign in connection with a merger, acquisition, or asset sale.
• Export & sanctions: You comply with the U.S. Export Administration Regulations (EAR), Office of Foreign Assets Control (OFAC) sanctions programs, and all other applicable U.S. export and sanctions laws. You may not access or use the Service from, or on behalf of anyone in, comprehensively embargoed or heavily restricted destinations currently including Cuba, Iran, North Korea, Syria, the Crimea/Donetsk/Luhansk regions of Ukraine, and the Russian Federation as OFAC and Commerce maintain broad restrictions, or for parties identified on restricted-party lists, without licenses we expressly authorize in writing.

16. Contact

BenAsk is a small, fully remote company at this stage. We do not currently maintain a public mailing address for routine correspondence about these Terms. For requests requiring legal service of process, contact us at legal@benask.com and we will provide an appropriate service address.

Questions about these Terms: support@benask.com or the Support page.

17. Copyright complaints (DMCA)

Users may upload documents; BenAsk therefore follows the U.S. Digital Millennium Copyright Act safe-harbor framework for online service providers. If you believe material accessible through the Service infringes your copyright, send a DMCA notice to our designated agent with the information required by 17 U.S.C. § 512(c)(3), including substantially:

• identification of the copyrighted work claimed infringed (or, if multiple works, a representative list);
• identification of the allegedly infringing material and information reasonably sufficient to permit us to locate it (for example URL, workspace hint, or filename + approximate upload date);
• your contact information (address, telephone number, and email);
• a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and
• your physical or electronic signature.

Designated copyright agent (DMCA notices only — not for general support or privacy requests):

We are completing registration of our DMCA designated agent with the U.S. Copyright Office. In the meantime, please send DMCA notices to copyright@benask.com with the elements described above. Once registration is complete, agent name and postal address will be listed here and at https://dmca.copyright.gov.

Misrepresentations in a notice may expose you to damages under 17 U.S.C. § 512(f). Upon receiving a compliant notice we will expeditiously remove or disable access to the material when appropriate and take reasonable steps to notify the user who posted it.

Counter-notice

If you believe material was removed or disabled by mistake or misidentification, you may submit a counter-notification containing the elements described in 17 U.S.C. § 512(g)(3), including: (i) identification of the material and its prior location; (ii) a statement under penalty of perjury that you believe removal resulted from mistake or misidentification; (iii) your name, address, phone number; (iv) consent to the jurisdiction of the federal district court for your address (or the Northern District of California if outside the U.S.); and (v) your physical or electronic signature. We may restore material after the statutory waiting period unless the complainant files a court action seeking to restrain the alleged infringer.

Repeat infringer policy

We maintain a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers of intellectual property rights, and we may limit access to the Service while investigations proceed.

18. California residents

Pursuant to Cal. Civ. Code § 1789.3, California residents are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

19. Terms change log (summary)

The authoritative text is always this page plus the heading “Last updated” in the legal frame. Major consumer-facing revisions include:

• May 2026 (US-only restoration). Restored U.S.-only territorial eligibility with explicit user representation at signup; removed non-U.S. consumer law carve-outs from arbitration, governing law, and modification sections where they had appeared; coordinated with Privacy Policy non-U.S. visitor warning and product-level signup affirmation flow (§ 1).
• May 2026. Narrowed User Content license to operating and securing the Service; added no-AI-training commitment; incorporated DMCA agent block, arbitration fee allocations, telephone/video arbitration default, explicit material-change acceptance mechanics, TCPA-aligned marketing carve-out, export/sanctions specificity, uptime disclaimer, and California Complaint Assistance Unit notice.

Prior versions may be archived upon request to legal@benask.com.