TERMS OF SERVICE

1. Agreement to These Terms

These Terms of Service (the "Terms") form a legal agreement between you and Helpha, LLC ("Helpha," "we," "us" or "our"). They govern your access to and use of our websites, applications, portals, technology, insurance-agent and representative services, communications channels, plan-comparison, quoting, enrollment and support services (collectively, the "Services").

By clicking a button or checking a box indicating acceptance, creating an account, or accessing or using the Services after these Terms are presented or linked to you, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Services. Marketing communications require a separate affirmative opt-in where required; merely accepting these Terms, browsing the website or providing a telephone number does not by itself create consent to receive automated marketing calls or texts.

2. Important Medicare and Insurance Disclosures

Helpha is a licensed health insurance agency. Helpha is not an insurance company, is not affiliated with or endorsed by the U.S. government or the federal Medicare program, and does not administer Medicare benefits.

Plan representation. Helpha represents Medicare Advantage HMO, PPO and PFFS organizations and stand-alone prescription drug plan sponsors that have Medicare contracts. Enrollment depends on contract renewal. We do not offer every plan available in your area. As of the effective date, our website states that we represent 14 organizations offering 1,624 products in the areas we serve; actual availability varies by location and these figures may change. Contact Medicare.gov, 1-800-MEDICARE or your State Health Insurance Assistance Program (SHIP) for information about all options.

Enrollment periods. Enrollment or plan changes may be limited to applicable election periods unless you qualify for a Special Enrollment Period or are in your Medicare Initial Enrollment Period.

Benefits and eligibility. Benefits, provider networks, drug formularies, costs, restrictions and availability vary by plan, carrier and location. Limitations and exclusions may apply.

Medicare Supplement Insurance. Medicare Supplement coverage is not connected with or endorsed by the U.S. government or the federal Medicare program. CMS does not review or approve Medicare Supplement plan information. Medicare Supplement coverage generally cannot be held with a Medicare Advantage plan.

Solicitation. The Services may constitute a solicitation for insurance. Submitting information does not change your existing Medicare enrollment and does not enroll you in a plan. A plan enrollment occurs only through completion and acceptance of the applicable enrollment process.

3. Eligibility and Authority

You must be at least 18 years old and legally capable of entering into these Terms. If you use the Services for another person, you represent that you have lawful authority to act for that person and to provide the information submitted. Do not submit another person’s information without appropriate authority.

4. Nature of the Services

The Services provide insurance information, comparisons, access to licensed agents and assistance with applications and enrollment. Helpha may make recommendations among products we are authorized to offer based on information you provide. The Services are not medical, legal, tax or financial advice, do not replace advice from your health-care providers, and do not guarantee that any product is available or appropriate for every person.

5. Information You Provide

You agree to provide information that is accurate, current and complete and to update material inaccuracies. Plan comparisons, quotes, eligibility determinations and applications depend on the information provided. Helpha may rely on that information but may request verification or decline to process information that appears inaccurate, unauthorized or fraudulent.

6. Quotes, Applications and Enrollment

Quotes and comparisons are estimates based on information available when generated and may change. Carrier records and official plan documents control in the event of a conflict. A quote is not a carrier commitment to issue coverage. Enrollment is subject to carrier acceptance, eligibility, applicable election periods and the plan’s contract requirements.

Do not cancel existing insurance until you receive appropriate confirmation from the new insurance carrier that the new coverage is effective. Helpha is not responsible for a carrier’s underwriting, benefit administration, claims decisions, network changes, formulary changes, premium changes, contract renewal or other independent actions.

7. Accounts and Security

If an account is available, you are responsible for maintaining the confidentiality of credentials and for activity under your account. Notify Helpha promptly of suspected unauthorized access. You may not access another person’s account or attempt to defeat security, authentication, rate limits or access controls.

8. Acceptable Use

You may use the Services only for lawful personal or authorized business purposes. You may not interfere with the Services; introduce malware; misrepresent identity or authority; collect information through unauthorized scraping, bots or automated tools; reverse engineer protected technology except where law expressly permits; infringe intellectual-property or privacy rights; or use the Services to facilitate fraud, unlawful discrimination, harassment or other illegal activity.

9. Intellectual Property

The Services, including software, interfaces, text, graphics, branding, data organization and other content provided by Helpha, are owned by or licensed to Helpha and are protected by applicable law. Subject to these Terms, Helpha grants you a limited, personal, revocable, nonexclusive and nontransferable right to use the Services for their intended purpose. No other rights are granted.

10. Electronic Communications and A2P Messaging Program

10.1 Separate affirmative consent. Where required, Helpha obtains consent to recurring marketing calls and text messages through a separate unchecked checkbox, another affirmative control, a text-message keyword, a recorded verbal authorization, a signed form or another lawful opt-in method. Messaging consent is separate from acceptance of these Terms or the Privacy Policy. Consent is not a condition of purchasing property, goods or services.

10.2 Program description. After opting in, you may receive recurring marketing and informational SMS or MMS messages from Helpha and its licensed insurance agents using Helpha business telephone numbers, including dedicated local numbers assigned to agents. Messages may concern requested Medicare information, Medicare Advantage, Medicare Supplement Insurance, prescription drug plans, appointment scheduling and reminders, consultation follow-ups, quote or plan-comparison links, enrollment assistance, application status, renewal communications and customer support.

10.3 Automated technology. Where stated in the consent disclosure, Helpha may send automated text messages or place calls using an automatic telephone dialing system, automated technology, or an artificial or prerecorded voice. Your wireless carrier’s standard terms apply. Message and data rates may apply.

10.4 Frequency. Message frequency varies based on your requests, appointments, application activity, account status and interactions with Helpha. A single consultation or enrollment may generate multiple conversational messages. Helpha does not guarantee a fixed number of messages.

10.5 Opting out and revoking consent. Reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL or UNSUBSCRIBE to a Helpha text to request that further messages from the applicable program stop. You may also revoke consent through any reasonable method that clearly communicates your request, including by calling 1-877-466-8086, emailing compliance@helpha.com, using our Privacy Choices form, or telling a representative. Helpha will honor valid revocation requests within a reasonable time not to exceed ten business days, and ordinarily sooner. Helpha may send one non-marketing confirmation message acknowledging the opt-out.

An opt-out does not prevent communications that are not subject to the revoked consent and are independently permitted or required, such as communications necessary to complete a transaction you requested, protect an account, comply with law or service an existing policy relationship. Where applicable law treats a revocation as broader, Helpha will apply it as required.

10.6 Help and support. Reply HELP to a Helpha text for assistance. You may also contact support@helpha.com or 1-877-466-8086. TTY users may dial 711.

10.7 Delivery and carrier disclaimer. Wireless carriers are not liable for delayed or undelivered messages. Message delivery depends on carrier availability, network conditions, device compatibility and other factors outside Helpha’s control. Supported carriers and message features may change.

10.8 Consent and suppression records. Helpha may maintain records of opt-in and opt-out activity, including the consent language shown, telephone number, date and time, source, IP or device information, agent records and related evidence. These records may be used to operate the program, honor preferences, demonstrate compliance and resolve disputes.

10.9 Mobile-information privacy. Mobile information and text-messaging originator opt-in data and consent will not be shared with third parties or affiliates for their independent marketing or promotional purposes. Helpha may disclose this information to telecommunications carriers, messaging providers and other service providers as necessary to deliver messages, operate the program, document consent, maintain security and comply with law. Additional details are provided in the Privacy Policy.

10.10 Email and telephone communications. Marketing emails include an unsubscribe method. You may request placement on Helpha’s internal Do Not Call list during a call, by calling 1-877-466-8086, emailing compliance@helpha.com or using our Privacy Choices form. Transactional or service communications may continue where independently permitted or required.

11. Call Recording

Helpha may monitor or record telephone calls and web-based audio interactions for quality assurance, training, security, compliance and recordkeeping. We provide notice where required. Medicare marketing and sales calls may be recorded and retained for the period and in the format required by applicable CMS rules, carrier contracts and law.

12. Privacy

Helpha’s collection, use, disclosure and retention of personal information are described in our Privacy Policy. The Privacy Policy is incorporated by reference for purposes of describing our data practices, but accepting these Terms does not substitute for a separate consent when law or carrier rules require affirmative consent.

13. Third-Party Services and Carrier Materials

The Services may include links to or integrations with insurance carriers, enrollment platforms, provider directories, pharmacies, government resources and other third parties. Helpha does not control third-party services, availability, terms, privacy practices or content. Official carrier contracts, Evidence of Coverage documents, Summary of Benefits, formularies and provider directories control over summaries presented through the Services.

14. Availability and Changes to the Services

We may modify, suspend or discontinue all or part of the Services, and access may be interrupted by maintenance, outages, security events or third-party failures. We do not guarantee uninterrupted, timely or error-free operation. We may correct content or technical errors at any time.

15. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." HELPHA DISCLAIMS EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND AVAILABILITY. Nothing in these Terms excludes a warranty that cannot legally be excluded.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HELPHA AND ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL ARISING FROM THE SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HELPHA’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID DIRECTLY TO HELPHA FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limitations do not apply to liability that cannot legally be limited, or to Helpha’s gross negligence, willful misconduct or fraud where exclusion is prohibited.

17. Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless Helpha and its officers, members, employees and agents from third-party claims, damages, liabilities and reasonable costs arising from your unlawful use of the Services, material breach of these Terms, infringement of another person’s rights or submission of information without lawful authority. This section does not require indemnification for Helpha’s own unlawful conduct.

18. Dispute Resolution, Arbitration and Class-Action Waiver

18.1 Informal resolution. Before starting arbitration or a lawsuit, the complaining party must send a written notice describing the dispute and requested relief. Notices to Helpha must be sent to compliance@helpha.com and to the mailing address in Section 21. The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt. This requirement does not prevent a party from seeking urgent temporary relief when necessary to prevent immediate harm.

18.2 Binding individual arbitration. Except for disputes excluded below or if you timely opt out, any dispute arising from or relating to these Terms or the Services will be resolved by binding individual arbitration administered by JAMS under the applicable JAMS rules and consumer minimum standards. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitrator may award the same individual remedies a court could award, subject to applicable law.

18.3 Exceptions. Either party may bring an eligible individual claim in small-claims court. Either party may seek temporary or preliminary injunctive relief in court to protect confidential information, security or intellectual-property rights pending arbitration. Any non-waivable right to seek public injunctive relief remains available to the extent required by law.

18.4 No class or representative proceedings. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISPUTES MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS OR REPRESENTATIVE ACTION. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s claim, except where applicable law requires otherwise.

18.5 Arbitration opt-out. You may opt out of this arbitration agreement by sending written notice within 30 days after you first accept these Terms. The notice must include your full name, mailing address, email address or telephone number associated with your use of the Services, and a clear statement that you opt out of the arbitration agreement in the Helpha Terms of Service. Send the notice to compliance@helpha.com with the subject "Arbitration Opt-Out" or mail it to the address in Section 21. Opting out of arbitration does not affect any other provision of these Terms.

19. Governing Law and Venue

Except to the extent governed by the Federal Arbitration Act or preempted by federal law, these Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. Any court proceeding permitted under these Terms must be brought in a state or federal court with jurisdiction in Tarrant County, Texas, except where applicable consumer law requires another forum. You and Helpha consent to the jurisdiction of those courts.

20. Changes to These Terms

We may update these Terms to reflect changes in the Services, legal requirements or business practices. We will post the revised Terms and update the effective or last-updated date. For material changes, we will provide additional notice where reasonably appropriate or legally required. Changes do not retroactively alter disputes that arose before the effective date unless applicable law permits and the parties agree.

21. General Provisions and Contact Information

If any provision is unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will continue in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without Helpha’s written consent; Helpha may assign them as part of a merger, reorganization, financing, sale of assets or similar transaction. These Terms, together with incorporated policies and any service-specific terms, constitute the agreement concerning the Services.