Terms of Service

These Terms of Service ("Terms") are a contract between you and [Legal entity name], [Registered address], which operates the Sweet Bennies platform ("Sweet Bennies," "we," "us"). By creating an account, setting up a program, or using sweetbennies.com or the Sweet Bennies application (the "Service"), you agree to these Terms. If you are agreeing on behalf of an organization, you represent that you have authority to bind it (the "Customer").

1. The Service

Sweet Bennies is software that helps employers configure and administer benefit programs — including lifestyle spending accounts (LSA), health reimbursement arrangements (HRA), individual coverage HRAs (ICHRA), and sales and personnel incentives. Depending on the plan the Customer selects, Sweet Bennies provides self-service administration tools and, under a managed plan, performs claim review and approval services. Sweet Bennies stores benefit documents in the Customer's own Google Drive and produces payroll-ready exports; it does not issue payment cards, move funds, or pay employees.

2. Accounts & eligibility

You must be at least 18 and provide accurate information. Sign-in uses Google authentication. You are responsible for activity under your account and for keeping access credentials secure. The Service is intended for U.S. employers and their workforces.

3. Sweet Bennies does not provide tax, legal, insurance, or benefits advice

Important. Sweet Bennies is a software tool. It is not a law firm, accounting firm, insurance producer, third-party administrator of record, or ERISA plan administrator, and it does not provide tax, legal, insurance, actuarial, or benefits-compliance advice. Templates, prompts, AI suggestions, and configuration options are provided for convenience and may not fit your situation.

Responsibility for plan design and for compliance with applicable laws — including the Affordable Care Act, ICHRA rules and affordability, ERISA, HIPAA, COBRA, IRC §105/§125/§213(d), PCORI, Medicare Part D, and non-discrimination requirements — rests with the Customer as plan sponsor. You should obtain your own professional advice before adopting or operating any program.

4. Customer responsibilities

• Design programs, set budgets and rules, and determine what is eligible under your plans.
• Provide required plan documents, notices, and disclosures to your employees.
• Authorize the connection of your Google Drive and manage access within your organization.
• Ensure the accuracy of data you enter and of claims you approve, and run payroll and tax reporting correctly using the exports we provide.
• Obtain any consents needed to process your employees' information, and act as the controller of that information.
• Where required, enter into a Business Associate Agreement with us before submitting protected health information.

5. Fees & billing

Pricing is size-based and applies per program (module) you activate. Current rates are a monthly platform fee of $50 (under 50 employees), $150 (50–199 employees), or $400 (200+ employees); a per-employee fee of $5.00, $4.00, or $3.00 per month respectively; a $20 monthly minimum per active module; and 2% of HRA and Wellness (LSA) claims actually paid. An annual commitment reduces the per-employee rate by an additional $0.50 per employee per month. COBRA's administration fee (2% of premium) is charged to the participant, not the employer. The claims percentage and module minimum apply to HRA and Wellness claim volume only; Medical Plan (ICHRA & group), COBRA, expense management, and incentives carry no per-claim fee.

• You are only billed for the programs (modules) you activate; each is billed independently.
• Fees are billed on a recurring basis and are non-refundable except where required by law or expressly stated.
• We may change fees on notice; changes apply to the next billing period. Current pricing is shown at sweetbennies.com/#pricing.
• Any price-match offer is subject to its stated terms and applies to verified, comparable written quotes.
• You are responsible for applicable taxes other than our income taxes.

6. Setup & activation

It is free to set up and test the Service. Billing for a given program (module) begins when you activate it for active enrollment or usage — there is no separate time-limited free-trial period, and no card is required to set up and evaluate the Service.

7. Third-party services

The Service integrates with third parties such as Google (sign-in and Drive) and may interoperate with your payroll or other systems. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for them. Our use of information received from Google APIs follows the Google API Services User Data Policy, including its Limited Use requirements, as described in our Privacy Policy.

8. Acceptable use

You agree not to: misuse or attempt to disrupt the Service; access it without authorization; upload unlawful, infringing, or malicious content; submit fraudulent claims; reverse engineer or resell the Service except as permitted by law; or use it to violate the rights of others or applicable law. We may suspend access for conduct that threatens the Service or others.

9. Intellectual property

The Service, including its software, design, and content, is owned by us and our licensors and is protected by law. We grant the Customer a limited, non-exclusive, non-transferable right to use the Service during the term. You retain ownership of the data and documents you provide ("Customer Data"), and grant us the rights needed to host and process it to provide the Service. Feedback you give us may be used without obligation to you.

10. Confidentiality

Each party may access the other's confidential information and will protect it using reasonable care and use it only to perform under these Terms, except for information that is public, independently developed, or lawfully obtained elsewhere, or as required by law.

11. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that AI-generated suggestions will be accurate, or that outputs will satisfy your legal or compliance obligations.

12. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total liability arising out of or relating to the Service will not exceed the amounts you paid us for the Service in the twelve months before the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

13. Indemnification

You will defend and indemnify us against third-party claims and related losses arising from your Customer Data, your programs and plan designs, your use of the Service in violation of these Terms or law, or your failure to meet your compliance obligations as plan sponsor. We will provide reasonable notice and cooperation.

14. Term & termination

These Terms apply while you use the Service. Either party may terminate on notice as described in your plan or if the other materially breaches and does not cure it. On termination, your right to use the Service ends. For a reasonable period after termination, you may export your Customer Data; afterward we may delete it, subject to legal retention. Documents stored in your Google Drive remain yours and under your control.

15. Governing law & disputes

These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-laws rules. The state and federal courts located in Boulder County, Colorado will have exclusive jurisdiction, and each party consents to venue there, unless applicable law provides otherwise.

16. Changes to these Terms

We may update these Terms from time to time. We will update the "Last updated" date and, for material changes, provide additional notice. Your continued use of the Service after an update means you accept the revised Terms.

17. Contact

Questions about these Terms? Email hello@sweetbennies.com, or write to [Legal entity name], [Registered address].

This document is provided as a template and does not constitute legal advice. Please have qualified counsel review and adapt it before you rely on it.