⚠ Draft — not yet reviewed by an attorney This is a placeholder document. Before this app is shared with any real users, these Terms of Service must be reviewed and revised by a qualified attorney to fit the actual product, the relationships with insurance carriers, applicable insurance and consumer-protection laws, and your governing-law and arbitration preferences.

Terms of Service

Open Enrollment Advisor  ·  Last updated: [Effective Date]

These Terms of Service ("Terms") govern your use of the Open Enrollment Advisor service ("OEA," "we," "us," "Service"). By accessing or using the Service, you agree to these Terms.

1. Educational Purpose Only

OEA provides general educational information about employee benefits enrollment. OEA is not a licensed insurance agent or broker, registered investment adviser, attorney, accountant, tax professional, or healthcare provider. The Service does not solicit or sell insurance, securities, or any financial product. Recommendations produced by the Service reflect typical decisions for stated circumstances; they are not personalized professional opinions and should not be relied upon as such.

2. No Sale of Insurance by OEA

Insurance products discussed by the Service, including life insurance offered through Pendella, are sold and serviced by the relevant insurance carrier or agency, not by OEA. Any application, underwriting, policy, or claim is between you and the issuing carrier or licensed agent. OEA does not handle insurance applications and is not party to any insurance contract.

3. Plan Documents Control

The Service summarizes information from the plan documents your employer provides. The official plan documents (Summary Plan Description, Summary of Benefits and Coverage, certificate of coverage, plan contract) control in the event of any conflict with the Service. Premiums, contribution limits, networks, and tax rules change frequently — confirm current values with your HR department or the carrier directly.

4. Eligibility and Account

5. Acceptable Use

You agree not to:

6. Privacy and Communications

Your use of the Service is also governed by our Privacy Policy. By submitting your contact information, you authorize OEA and Pendella to communicate with you as described on the intake form and in the Privacy Policy. You may opt out of non-essential communications at any time using the methods described in the Privacy Policy.

7. Third-Party Services and Links

The Service may direct you to third-party sites or providers, including Pendella for life-insurance quotes. We are not responsible for the content, practices, or policies of those third parties. Your interactions with them are governed by their own terms and policies.

8. Intellectual Property

The Service, including all software, text, graphics, and design, is owned by OEA or its licensors and is protected by intellectual-property laws. You may not copy, modify, distribute, or create derivative works from any part of the Service without our prior written permission.

9. Disclaimer of Warranties

The service is provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or that the service will be uninterrupted or error-free.

10. Limitation of Liability

To the maximum extent permitted by law, in no event will OEA be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, data, or goodwill, arising out of or related to your use of the service. OEA's total liability for any claim arising under these terms will not exceed one hundred US dollars ($100).

11. Indemnification

You agree to indemnify and hold harmless OEA and its affiliates, officers, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your violation of these Terms, or your violation of any applicable law.

12. Governing Law and Disputes

These Terms are governed by the laws of the State of [Governing State], without regard to conflict-of-law principles. Any dispute arising from or relating to these Terms or the Service will be resolved by binding arbitration in [Venue], except that either party may bring an individual claim in small-claims court if eligible. You and OEA each waive the right to a jury trial and the right to participate in a class action.

13. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. You may stop using the Service at any time.

14. Changes

We may update these Terms from time to time. We will post the updated Terms here and revise the "Last updated" date. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

15. Contact

Questions? Email legal@example.com or write to: [Mailing address — to be filled in].

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