Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the HealthBenIQ platform, website, and related services (collectively, the “Service”) provided by Corpademia, LLC, a Wisconsin limited liability company, doing business as HealthBenIQ (“HealthBenIQ,” “we,” “our,” or “us”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

If you are accessing the Service on behalf of a health plan, accountable care organization, provider group, or other organization (a “Customer”), you represent that you are authorized to bind that organization to these Terms and to any separately executed Master Services Agreement (“MSA”) and Business Associate Agreement (“BAA”). In the event of a conflict between these Terms and a signed MSA or BAA, the signed agreement controls.

1. The Service

HealthBenIQ provides a population health management and analytics platform that integrates claims, clinical, eligibility, and member data to support care gap identification, risk stratification, outreach, quality measurement, and related healthcare operations. The Service is intended solely for use by authorized healthcare professionals, administrators, and enrolled members of participating health plans.

2. Eligibility and Accounts

You must be at least 18 years old and legally capable of entering into contracts to use the Service. Account registration requires accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized access or other security breach.

3. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law, regulation, or third-party right.
• Use the Service in a manner that violates HIPAA, the HITECH Act, state privacy laws, or the terms of any applicable BAA.
• Access, use, or attempt to access PHI that you are not authorized to access.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service, except to the extent expressly permitted by applicable law.
• Circumvent or attempt to circumvent any security, authentication, or access control mechanism.
• Interfere with or disrupt the integrity or performance of the Service.
• Use the Service to send unsolicited messages, spam, or any content that is fraudulent, misleading, abusive, or harmful.
• Use automated means (bots, scrapers, crawlers) to access the Service without our prior written consent.

4. SMS and Text Messaging Program (HealthBenIQ Care Reminders Program)

HealthBenIQ operates the HealthBenIQ Care Reminders Program, an SMS messaging program that delivers care reminders, appointment notifications, and health program communications on behalf of participating health plans. By opting in to this program, you agree to the following terms:

4.1 Consent

When members enroll in a health plan, the health plan obtains express consent for SMS communications as part of the enrollment process. HealthBenIQ’s contractual agreements require each health plan customer to have documented express consent from members before providing their information to HealthBenIQ for SMS outreach. Consent is not a condition of purchase or of enrollment in any health plan or program. Members may also opt in by texting the HealthBenIQ number directly.

4.2 Message Frequency

Message frequency varies based on your care program but will not exceed approximately 2–4 messages per month under typical program configurations.

4.3 Message and Data Rates

Standard message and data rates may apply. HealthBenIQ does not charge for the messages themselves, but your wireless carrier may charge you for sending or receiving text messages and for data usage, depending on your wireless plan. Contact your wireless carrier for details.

4.4 STOP and HELP

You may cancel the SMS service at any time by replying STOP to any HealthBenIQ text message. You will receive a confirmation message (e.g., “You have been unsubscribed from HealthBenIQ Care Reminders. You will not receive any more messages. Reply HELP for help or contact us at contact@healthbeniq.com.”), and no further messages will be sent from that program. To rejoin, you may text START to the same number or re-enroll through your health plan’s enrollment process. Reply HELP to any HealthBenIQ text message to receive contact information for our support team (e.g., “HealthBenIQ Care Reminders: For help, email contact@healthbeniq.com or visit healthbeniq.com/privacy. Msg&data rates may apply. Reply STOP to cancel.”).

4.4a Opt-In Confirmation

After you opt in, you will receive an initial confirmation message (e.g., “Welcome to HealthBenIQ Care Reminders! You will receive up to 2–4 msgs/month with care reminders from your health plan. Reply HELP for help, STOP to cancel. Msg&data rates may apply.”).

4.5 Message Content

HealthBenIQ text messages are neutral care-notification nudges and direct the recipient to log in to their secure member portal. Messages do not contain clinical details, diagnoses, medications, test results, appointment times, provider names, or any other Protected Health Information in the message body. HealthBenIQ is not a medical provider, and text messages from HealthBenIQ do not constitute medical advice or a substitute for professional medical care. In an emergency, call 911 or your local emergency number.

4.6 Supported Carriers

The SMS program is available on major U.S. wireless carriers. Carriers are not liable for delayed or undelivered messages. HealthBenIQ is not responsible for messages that are delayed, undelivered, or garbled due to carrier or technical issues outside our control.

4.7 Mobile Data

Mobile information (including phone numbers and SMS opt-in data) will not be shared or sold to third parties or affiliates for their marketing or promotional purposes. We share mobile information only with subprocessors acting on our behalf to deliver the messaging service (for example, Call Tracking Metrics for SMS transmission), subject to written data protection terms. See our Privacy Policy for full details on how we handle personal and mobile information.

5. Customer Data and PHI

As between you and HealthBenIQ, Customer Data (including PHI processed on behalf of a Customer) remains the property of the applicable Customer. HealthBenIQ processes Customer Data only as necessary to provide the Service and in accordance with the applicable MSA and BAA. HealthBenIQ implements administrative, physical, and technical safeguards consistent with HIPAA and industry best practices to protect Customer Data.

6. Intellectual Property

The Service, including all software, content, algorithms, models, interfaces, and documentation, is owned by HealthBenIQ or its licensors and is protected by intellectual property laws. Subject to your compliance with these Terms, HealthBenIQ grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose. No other rights are granted, and all rights not expressly granted are reserved.

7. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HEALTHBENIQ DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.

HealthBenIQ is not a healthcare provider and does not provide medical advice, diagnosis, or treatment. The Service is a software tool used by authorized healthcare professionals and is not a substitute for professional medical judgment. Nothing in the Service or in any communication sent through the Service should be interpreted as medical advice. In an emergency, call 911 or your local emergency number.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEALTHBENIQ AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. IN NO EVENT WILL HEALTHBENIQ’S TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU OR YOUR ORGANIZATION TO HEALTHBENIQ IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification

You agree to indemnify, defend, and hold harmless HealthBenIQ and its affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any applicable law or third-party right.

10. Termination

HealthBenIQ may suspend or terminate your access to the Service at any time, with or without cause and with or without notice, if we reasonably believe that you have violated these Terms or that your continued use poses a risk to the Service, our Customers, or other users. Upon termination, the rights granted to you under these Terms will immediately cease. Sections of these Terms that by their nature should survive termination (including Sections 5–11) will survive.

11. Governing Law and Disputes

These Terms are governed by the laws of the State of Wisconsin, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Kenosha County, Wisconsin, and you consent to the personal jurisdiction of those courts.

12. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by updating the “Effective” date at the top of this page and, where appropriate, by providing additional notice through the Service or by email. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

13. Miscellaneous

These Terms, together with any signed MSA and BAA, constitute the entire agreement between you and HealthBenIQ regarding the Service and supersede all prior or contemporaneous understandings. If any provision of these Terms is held to be unenforceable, the remaining provisions will continue in full force and effect. No waiver of any provision will be effective unless in writing and signed by an authorized representative of HealthBenIQ. You may not assign these Terms without our prior written consent. We may assign these Terms at any time without notice.