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End User License Agreement

Effective Date: March 18, 2026

This End User License Agreement ("Agreement") is a legal agreement between you ("User") and SmartSEP ("Licensor") for the use of the SmartSEP application, available on web at app.smartsep.net and on iOS via the Apple App Store (the "Application"). By downloading, installing, or using the Application, you agree to be bound by this Agreement.

1. License Grant

Subject to the terms of this Agreement, the Licensor grants you a limited, non-exclusive, non-transferable, revocable license to use the Application for your personal, professional use as a licensed Medicare sales agent. This license does not include the right to sublicense, modify, distribute, reverse-engineer, or create derivative works of the Application.

2. Scope of Use

The Application is a decision-support tool that helps licensed Medicare sales agents determine which Special Election Periods (SEPs) a Medicare beneficiary may qualify for. The Application is intended for professional use only and is not a substitute for regulatory knowledge, CMS guidelines, or legal advice.

3. Restrictions

You shall not:

  • Copy, modify, or distribute the Application or its content
  • Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Application
  • Remove, alter, or obscure any proprietary notices on the Application
  • Use the Application for any purpose other than its intended use
  • Share your account or credentials with any other individual
  • Use the Application in any way that violates applicable federal, state, or local laws or regulations
  • Use automated means to access or interact with the Application

4. Intellectual Property

The Application, including but not limited to its SEP determination engine, algorithms, software code, user interface, design elements, database structures, and all associated intellectual property, is and shall remain the sole property of the Licensor. This Agreement does not transfer any ownership rights to you.

5. Subscription and Payment

The Application offers a Free Plan with limited monthly determinations and a Pro Plan with unlimited access. The Pro Plan requires a paid subscription:

  • Web: $29/month via Paddle
  • iOS: $29.99/month via Apple In-App Purchase

iOS subscriptions are processed by Apple and are subject to Apple's terms and conditions. Payment will be charged to your Apple ID account at confirmation of purchase. Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. You can manage and cancel subscriptions in your Apple ID account settings.

6. Disclaimer of Warranties

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. THE LICENSOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

The Licensor does not warrant that: (a) the Application will meet your specific requirements; (b) SEP determinations will be complete, accurate, or error-free; (c) the Application will be available at all times without interruption; or (d) any defects in the Application will be corrected.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPLICATION.

THE LICENSOR'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

YOU ACKNOWLEDGE THAT SEP DETERMINATIONS ARE DECISION-SUPPORT OUTPUTS AND THAT YOU BEAR SOLE RESPONSIBILITY FOR VERIFYING ALL RESULTS AGAINST CURRENT CMS GUIDELINES BEFORE TAKING ACTION ON BEHALF OF ANY MEDICARE BENEFICIARY.

8. Indemnification

You agree to indemnify, defend, and hold harmless the Licensor and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising out of or in connection with: (a) your use of the Application; (b) your violation of this Agreement; or (c) any action taken based on SEP determinations generated by the Application.

9. Termination

This Agreement is effective until terminated. The Licensor may terminate this Agreement at any time if you breach any of its terms. Upon termination, you must cease all use of the Application and delete any installed copies. Sections regarding intellectual property, disclaimer of warranties, limitation of liability, indemnification, and governing law shall survive termination.

10. Updates and Modifications

The Licensor may update the Application from time to time. Updates may be required for continued use. The Licensor reserves the right to modify, add, or remove features at any time without prior notice.

11. Third-Party Services

The Application integrates with third-party services including Paddle (payment processing), Apple In-App Purchase (iOS payments), and Resend (email delivery). Your use of these services is subject to their respective terms and privacy policies. The Licensor is not responsible for the availability, accuracy, or practices of third-party services.

12. Apple-Specific Terms

If you downloaded the Application from the Apple App Store, the following additional terms apply:

  • This Agreement is between you and SmartSEP only, not with Apple Inc. Apple has no obligation to furnish maintenance or support services for the Application.
  • In the event of any failure of the Application to conform to applicable warranties, you may notify Apple for a refund of the purchase price (if any). Apple has no other warranty obligation with respect to the Application.
  • Apple is not responsible for addressing any claims by you or any third party relating to the Application or your use of it.
  • Apple is a third-party beneficiary of this Agreement and may enforce it against you.

13. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. Any disputes shall be resolved in the courts of Mecklenburg County, North Carolina.

14. Contact Information

For questions regarding this Agreement, please contact:

Email: [email protected]
Website: smartsep.net