Terms & Conditions

These Terms and Conditions (“Terms”) govern your access to and use of the SmartSEP application and website at app.smartsep.net (the “Service”), operated by SmartSEP (“we,” “us,” or “our”). By creating an account or using the Service, you agree to be bound by these Terms.

1. Eligibility

The Service is designed for licensed Medicare sales agents. By using the Service, you represent that you are at least 18 years of age and are authorized to use tools that assist with Medicare Special Election Period determinations in the course of your professional activities.

2. Account Registration

To access the Service, you must create an account with a valid email address and password. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

You must verify your email address before using certain features of the Service. We reserve the right to suspend or terminate accounts that provide false information.

3. Subscription Plans and Payments

Free Plan: Provides a limited number of determinations per calendar month at no cost. The monthly limit is set at our discretion and may change.

Pro Plan: Provides unlimited determinations for a monthly subscription fee. The Pro Plan is billed at $29.99/month via Paddle (web) or Apple In-App Purchase (iOS).

Billing: Subscriptions are billed on a recurring monthly basis. Web subscriptions are processed by Paddle, who acts as the merchant of record. You authorize Paddle (or Apple, for iOS purchases) to charge your payment method on each billing cycle. Subscriptions purchased via Apple IAP are governed by Apple’s terms.

Cancellation and Refunds: You may cancel your subscription at any time. Access continues through the end of the current billing period.

For web subscriptions processed through our payment provider, Paddle, you may request a full refund within 14 days of your initial purchase or any renewal. Refund requests are handled by Paddle as the merchant of record. To request a refund, contact Paddle support at paddle.net.

For iOS subscriptions, refunds are handled by Apple in accordance with their refund policies. You can manage and cancel iOS subscriptions through your Apple ID settings.

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Share your account credentials with others
• Attempt to reverse-engineer, decompile, or extract the source code of the Service
• Attempt to gain unauthorized access to any part of the Service or its infrastructure
• Use automated scripts, bots, or scrapers to access the Service
• Resell, sublicense, or redistribute access to the Service
• Interfere with or disrupt the integrity or performance of the Service

5. Intellectual Property

The Service, including its SEP determination engine, algorithms, user interface, design, and all related intellectual property, is owned by SmartSEP and protected by applicable intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service for its intended purpose.

6. Disclaimer — Not Legal or Compliance Advice

The Service is a decision-support tool only. SmartSEP does not provide legal, regulatory, or compliance advice. SEP determinations generated by the Service are based on the data you enter and the rules programmed into the system. They are not guaranteed to be complete or error-free.

You are solely responsible for verifying all SEP determinations against current CMS guidelines and applicable regulations before taking action on behalf of any Medicare beneficiary. SmartSEP is not responsible for enrollment decisions, compliance violations, or any actions taken based on determinations generated by the Service.

7. Agent Responsibility and Due Diligence

SmartSEP is a decision-support tool designed to assist licensed Medicare sales agents in identifying potential Special Election Periods (SEPs) based on the information provided by the user. SmartSEP does not make enrollment decisions, does not submit enrollments on behalf of any party, and does not serve as a substitute for the independent professional judgment of a licensed agent.

By using SmartSEP, you acknowledge and agree to the following:

7.1 Informational Tool Only. The determinations, results, enrollment windows, plan eligibility information, and any other output provided by SmartSEP (“Determination Results”) are for informational and reference purposes only. Determination Results do not constitute legal advice, compliance guidance, or a guarantee of eligibility for any Special Election Period, Medicare Advantage plan, Prescription Drug Plan, or any other Medicare product.

7.2 Agent Sole Responsibility. You, as a licensed Medicare sales agent, are solely and exclusively responsible for independently verifying that each Medicare beneficiary meets all applicable eligibility requirements before submitting any enrollment application. This includes, but is not limited to, verifying the accuracy of all beneficiary information, confirming SEP eligibility in accordance with current Centers for Medicare & Medicaid Services (CMS) guidelines and regulations, confirming plan availability and suitability for the beneficiary, and obtaining all required documentation and verification materials prior to enrollment submission.

7.3 No Guarantee of Accuracy. While SmartSEP strives to provide accurate and up-to-date information based on current CMS regulations and plan data, SmartSEP does not warrant, represent, or guarantee that Determination Results are complete, accurate, current, or error-free. CMS regulations, plan availability, service area definitions, and eligibility criteria are subject to change, and there may be delays between regulatory changes and updates to the SmartSEP platform. You acknowledge that discrepancies may exist between Determination Results and current CMS rules or carrier-specific requirements.

7.4 Data Input Responsibility. The accuracy of Determination Results depends entirely on the accuracy and completeness of the information you provide. SmartSEP is not responsible for incorrect or incomplete Determination Results arising from inaccurate, incomplete, outdated, or improperly entered beneficiary data, including but not limited to Medicare Part A and Part B effective dates, date of birth, zip code, county of residence, current plan enrollment status, Medicaid eligibility status, or any other input provided by the user.

7.5 Compliance Obligations. You are solely responsible for ensuring that all enrollment activities you conduct comply with applicable federal and state laws, CMS regulations and guidance, carrier-specific requirements, and any other applicable rules governing Medicare enrollment. SmartSEP does not monitor, enforce, or verify your compliance with any such obligations.

7.6 Enrollment Decisions. Any decision to submit, recommend, or facilitate a Medicare enrollment application is made solely by you at your own discretion and risk. SmartSEP has no involvement in and assumes no responsibility for any enrollment application submitted by you or on your behalf.

7.7 Limitation of Liability for Enrollment Outcomes.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTSEP, ITS OWNERS, OPERATORS, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO: (A) ANY ENROLLMENT APPLICATION SUBMITTED BASED IN WHOLE OR IN PART ON DETERMINATION RESULTS, INCLUDING BUT NOT LIMITED TO REJECTED ENROLLMENTS, COMMISSION CLAWBACKS, CHARGEBACKS, OR LOSS OF COMMISSIONS; (B) ANY COMPLIANCE ACTION, INVESTIGATION, SANCTION, PENALTY, OR DISCIPLINARY PROCEEDING INITIATED BY CMS, ANY STATE REGULATORY BODY, OR ANY CARRIER OR INSURANCE ORGANIZATION AGAINST YOU; (C) ANY LOSS OF CARRIER APPOINTMENTS, CERTIFICATIONS, OR LICENSURE; (D) ANY CLAIM BY A MEDICARE BENEFICIARY ARISING FROM AN ENROLLMENT YOU SUBMITTED OR RECOMMENDED; OR (E) ANY BUSINESS LOSSES, LOST PROFITS, OR REPUTATIONAL HARM RESULTING FROM YOUR USE OF OR RELIANCE ON SMARTSEP.

7.8 Indemnification. You agree to indemnify, defend, and hold harmless SmartSEP, its owners, operators, affiliates, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of SmartSEP or any Determination Results; (b) any enrollment application you submit or facilitate; (c) your breach of these Terms; (d) your violation of any applicable law, regulation, or CMS guideline; or (e) any claim by a third party, including any Medicare beneficiary, arising from your actions or omissions.

7.9 Professional Standards. You represent and warrant that you hold all licenses, certifications, and appointments required by applicable law and by the carriers with which you conduct business. You further represent that you will use SmartSEP in a manner consistent with the professional standards and ethical obligations applicable to licensed Medicare sales agents, and that you will not rely solely on SmartSEP in lieu of your own professional judgment, training, and knowledge of applicable regulations.

7.10 Acknowledgment. By using SmartSEP, you expressly acknowledge that you have read, understood, and agreed to the terms of this section, and that you accept full responsibility for all enrollment decisions and activities you undertake, regardless of whether such decisions were informed by Determination Results provided by SmartSEP.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTSEP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR USE OF OR INABILITY TO USE THE SERVICE
• ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA
• ANY ERRORS, INACCURACIES, OR OMISSIONS IN SEP DETERMINATIONS
• ANY CONDUCT OF THIRD PARTIES ON THE SERVICE

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

9. Warranty Disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

10. Modifications to the Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We are not liable for any modification, suspension, or discontinuance of the Service.

11. Changes to These Terms

We may update these Terms from time to time. We will notify registered users of material changes via email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

12. Termination

We may suspend or terminate your access to the Service at our discretion, including for violations of these Terms. Upon termination, your right to use the Service ceases immediately. Sections regarding intellectual property, limitation of liability, warranty disclaimer, agent responsibility, indemnification, and governing law survive termination.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved in the courts located in Mecklenburg County, North Carolina.

14. Contact Us

If you have questions about these Terms, please contact us at:

Email: support@smartsep.net
Website: smartsep.net