Terms of Service

1. The service

Benefits Studio lets brokers and HR teams (“you,” the “customer”) upload employee benefits documents, review information extracted from them, and publish public benefits websites that include an AI assistant (“Benny”) answering questions from those documents. By creating an account or using the service you agree to these terms.

Benefits Studio is a registered fictitious name of Transform Your Marketing LLC, a Florida limited liability company. That company is the party to this agreement (“Benefits Studio,” “we,” “us”). Notices to us go to 225 North Miami Avenue, Suite 3203, Miami, FL 33128, or by email to legal@benefitsstudio.com.

2. Information, not advice — the important part

• Benefits Studio does not provide medical, legal, insurance, or financial advice. Portals and Benny surface information found in the plan documents you upload — nothing more. Employees’ official plan documents and their carrier are always the authoritative source, and coverage questions about a specific situation should go to the carrier.
• AI output requires your review. Extracted plan facts are drafts until a human on your team confirms them. You are responsible for the accuracy of everything you publish, and nothing publishes without your confirmation.
• Benny can make mistakes. Answers cite their source pages so readers can verify. Every portal carries the notice: “Confirm details with your carrier for current plan information.”
• No personal health information. The service is designed for plan-level documents (SBCs, plan summaries, formularies). Do not upload documents containing individual employees’ personal or health information. Benefits Studio is not a HIPAA business associate.

3. Accounts

You’re responsible for your credentials and for activity under your account. Provide accurate information and keep it current. You must be authorized to act for the organization you sign up on behalf of, and you must have the right to upload and publish the documents and materials you provide.

4. Subscriptions, trials & billing

• Each portal requires its own subscription, billed monthly or annually through Stripe at the prices shown on our pricing page. All prices are in US dollars (USD).
• New accounts may receive a 30-day free trial on their first portal. When a trial ends without a subscription, the portal goes offline (its data is retained for 90 days).
• Subscriptions renew automatically until canceled. Cancel anytime from the billing portal; you keep access through the end of the paid period. Fees already paid are non-refundable except where required by law.
• Plans with the AI assistant include a monthly question allowance. Additional questions are metered and billed monthly at the rate shown on our pricing page, in fixed increments, up to a monthly spending cap you control in settings (setting the cap to $0 disables additional charges entirely). When the cap is reached, the assistant shows relevant plan-document sections instead of generated answers until the next month begins. Unused allowance and overage do not roll over. If a metered overage invoice remains unpaid after our retries, generated answers may be suspended until it is paid.
• Plan tiers are sized by employer headcount, self-declared at portal creation: Essentials and Professional cover employers up to 500 employees, and Advanced covers employers up to 2,500. Larger groups require a custom plan. We may ask a group materially outside its plan’s ceiling to move to an appropriate plan.
• If a payment fails and isn’t resolved after our retries, the portal may be taken offline until payment is restored.
• Your price is locked for the term you’ve paid for. We may change prices with at least 60 days’ notice; changes apply at your next renewal.

5. Your content

You own the documents and content you upload. You grant us a limited license to host, process, display, and transmit that content solely to operate the service — including processing documents with AI providers to extract plan information and answer questions. We do not use your content to train AI models. You’re responsible for having the rights to everything you upload (including carrier logos and branding used on your portals).

6. Acceptable use

Don’t misuse the service: no unlawful content, no attempting to breach security or access other customers’ data, no scraping or overloading the AI assistant, no reselling the service without our agreement, and no uploading malware. We apply fair-use limits to AI features (with generous soft ceilings) and may suspend accounts engaged in abuse.

7. Our property

The Benefits Studio software, design, branding, and the Benny character are ours and protected by intellectual-property laws. We’re granting you a subscription to use the service, not a transfer of any ownership.

8. Termination

You can stop using the service and cancel at any time. We may suspend or terminate accounts that violate these terms, with notice where practical. After termination, portal data is retained for 90 days (so you can export or reactivate) and then deleted.

9. Disclaimers & limitation of liability

The service is provided “as is” without warranties of any kind, express or implied, including fitness for a particular purpose and non-infringement. To the fullest extent allowed by law: we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data; and our total liability for any claim is limited to the amounts you paid us in the 12 months before the claim arose. Some jurisdictions don’t allow certain limitations, so parts of this section may not apply to you.

10. Indemnification

You’ll defend and hold us harmless from claims arising out of the content you upload or publish, your use of the service in violation of these terms, or your violation of applicable law.

11. General

These terms are governed by the laws of the State of Florida, USA, excluding its conflict-of-laws rules. Any dispute that section 12 does not send to arbitration will be resolved in the state or federal courts located in Miami-Dade County, Florida, and we each consent to their jurisdiction. If we make material changes to these terms, we’ll notify account holders by email at least 14 days before they take effect. If any provision is found unenforceable, the rest remain in effect. Questions: legal@benefitsstudio.com, our contact form, or 225 North Miami Avenue, Suite 3203, Miami, FL 33128.

12. Disputes — arbitration & class-action waiver

• Talk to us first. Before starting arbitration, email legal@benefitsstudio.com describing the dispute and what you want. We’ll try to resolve it with you for 30 days; after that, either of us may begin arbitration.
• Binding individual arbitration. Any dispute arising out of or relating to these terms or the service that isn’t resolved that way will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, seated in Miami-Dade County, Florida (hearings may be held by video or on documents alone). The Federal Arbitration Act governs this section; judgment on the award may be entered in any court with jurisdiction.
• No class or representative claims. Claims are brought only in an individual capacity, never as a plaintiff or class member in a class, collective, consolidated, or representative proceeding, and the arbitrator may not consolidate more than one party’s claims. If this waiver is found unenforceable for a particular claim, that claim alone proceeds in the courts named in section 11 and the rest stay in arbitration.
• What stays in court. Either of us may bring an individual claim in small-claims court, and either may ask a court for an injunction to protect intellectual property or stop unauthorized access to the service.
• You can opt out. Email legal@benefitsstudio.com within 30 days of first accepting these terms, from your account email, saying you decline arbitration. Opting out costs you nothing and changes nothing else in these terms.
• No jury-trial waiver. For any dispute that does proceed in court — because you opted out, because it belongs in small-claims court, or because a waiver above is unenforceable — nothing in these terms waives your right to a jury.